BERNICE AND MARY DAWSON
~,-.., ~
I
(jITY OF CLEARWATER
I Interdeportment Correspondence Sheet
TO: Chr' .A.Uur
FROM: ".... .. ...., ...- V""'
COPIES: Cltt ........ CKy ca... ............... .....,. ..........
SUBJECT: ..'........l.U. ~....._
DATE: ............. 1'"
U. .... N , ,',
...... ...... ... ....,. D.-J.. '... '...
... .......~............:... .....,A.....,.....,.... .....,
..... .......rltl ... .1111.....
Attac..... ..... c..,et '.... ......' ',,'''In_. .. eM CIty...... y ...
........., .... ...... ........... .. ,.... ~t..'
.......", .. ".,.
c.". '" M n Till'... I ~~ ., ..... fa II 1
It. ....... AUJJatIF ...., W. ..... ,.,*1. .. 1M
Cl.... ., .. ...... C... .. .. 1r. Jllft fit' 'I. 11 .. ....
... .... ., ..1 r~ nr 1 ~ IT tea 'tl ~.. _ .. .....
'I",." ..'......,.... GAl "...aM Naf_....
...., .. fa.- ., 1M GItt' ., aa.M.... .. tile . 1Q, ra' ..
..... ...
I'M .......... .. ...... .... W.... ... -'111. A........
III" JII................. ItII. ......_Nt. WI
Ie ..-tau ........ ....a_,.. Ie...... ,........... ............J
... f!l ChoN _klR._ ... .... lattllfM"... ..... .._. tIlU
... "1,1' PM .f.laJl1lft*.... aH.""
1'M ~........ . .1)(t. .. . ..... .... .,... ... .... ......
.,~.
F
~, ~~) III~
~- "
/0
lI:~
I
I
"...~t... 4. I,M
I&IMIt
...... bl'. ...,1.'1",_... Ide....
_W.4
PIIiG......
.,:.. "l.1_'"
..."." .........
...............
....'.. ....~I...Wtl....t Maw...
...... .. ......
..... Gl"'~lfl'
.... .....'1
...... .
Dllt_ ....,.. ~ ."
,.,... .. ...".. ...... ~
..... 81.'. '
"...... ~
1.'1
"'1. ,.
~I
We ftI.. .......
..._. ....,....~ c;., ~ t." y"/
.. ..~._. ...........,:.. ... A.......... ....... ...
.... .. ..... .."ltf" .....::..~_. ..............0 _......
.. .. ,... . ,
..
........, ........ ........ ....IDll,.. Mltn. ......'...... ulda- ........
of ...,.... .. .. ....ll.... .....
f sf Robert W. Wilson
Attorney f~lr ~,..
r 1l
'" .",1' r.;",.. oj .~ht~"f
,I' ..:!
""".-<<..". -.
y'
>..:. . J
I
I
CITY OF CLEARWATER
CITY HALL - PO BOX 1348
CLEARWATER, FLORIDA
AFFIDA VIT OF NO LIENS
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally appeared BERNICE
DAWSON and MARY DAWSON, his wife,
who, being first duly sworn, depose and say
1. That they are the owner s of the
following described property in Pinellas County, Florida, to wit:
Part of Lot 6, JOHN WILLIAMS SUBDIVISION, as recorded in
Plat Book 5, page 2 of the Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part; lying
within the West 30.0 feet of Section 10, Township 29 South,
Range 15 East; Being the following metes and bounds description:
Begin at the SW corner of the NW 1/4 of Section 10, Township
o
29 South, Range 15 East; run thence N 0 10'04" E, along the
West line of said Section 10, 10203.0 feet for the point of
beginning; thence continue N 0 10104" EcS along the west line of
said Section 10, 48.53 feet; thence S 89 59'56" E, 30.0 feet;
o 0
thence S 0 10'04" W, 48.53 feet; thence N 89 59'56" W,
30.0 feet to the P. O. B.
Z. Th(l.tsaid property is now in possession of the record owners .
3. That there has been no labor performed or materials furnished on
said property within the past ninety (90) days for which there are unpaid bills
for labor or materials against said property.
4. That there are no liens or encumbrances of any nature affecting the
title to the property hereinbefore described.
5. That it is hereby warranted that no notice has been received of
any public hearing regarding assessments for improvements by any govern-
ment within the past ninety (90) days, and it is hereby warranted that there are
no unpaid assessments against the above property for improvements thereto
by any government, whether or not said assessments appear of record.
6. That the representations embrac~dhereiIl are for the purposeof_
inducing the City- orClearwafer -topurCchase the abov~--descrlbed property:
r< J..ft--v1, ~ 8 a~.~
c (} c
,
, ~
,. 1.:)0
. (J
J )
lce r ;; ~:~'c
l. . ~
WARRANTY DEED
DREW'S fORM 01 IREV.)
I
239J~?3B
20'1h . ','0 J~ l) (I .
IJ R JCJ rAGe "XO~
Manufactured nd for sole by The H. & W. B. Drew Company
Jacksonville, Florida
litis ~arrantg Jaeed Made the ,XrtL day of @e!ile1>
BERNICE DAWSON and MARY DAWSON, his wife,
A D. 19 64 by
hereinafter called the grantor, to the CITY OF CLEAR WATER, FLORIDA, a
Municipal Corporation,
whose postoffice address is PO Box 1348, Clearwater, Florida,
hereinafter called the grantee:
(Wherever used herein the terms ;'grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
~itnessdh: That the grantor, for and in consideration of the sum of $ 10. 00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases, convey's and confirms unto the grantee, all that certain land situate in Pinellas
County, Florida, viz:
~>.:: i ll,f~!' i Ii :'jtU; ,,:,','
''''':' II ' ; t( .' ~ , l j It
CJ~ (~::j if
-,'::" I c; !i
','-.-0. 'I'
:"-l.2: ~. II
'0,<1: /l!l :1
.-1 U) ~tG~~~;~~11
11- > ~~~1;:JI~)1 ! /~i;\
l.L Q~\~\(.>"~rl~;-~'~ \ lle;/Y'
~) -c;r.~:;:~:~~'~/~~~'{
l-ij""iV' ..,/ I'
::! (E I i- -=0. .",1
j" "'> '" -, ;'.
..-r --, 0-
'<<i. :::>:> t= l~;
-0 ~ n.'-
,> nOOII'11 'f'lll?5c')
'J.I I, I; oU:
J. Jill n () J
SVlijN Id
Part of Lot 6, JOHN WILLIAMS SUBDIVISION, as recorded in
Plat Book 5, page 2 of the Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part; lying
within the West 30.0 feet of Section 10, Township 29 South,
Range 15 East; Being the following metes and bounds description:
Begin at the SW corner of the NW 1/4 of Section 10, Township
o
29 South, Range 15 East; run thence N 0 10'04" E, along the
West line of said Section 10, 1,203.0 feet for the point of
beginning; thence continue N 0010'04" Ed along the west line of
said Section 10, 48. 53 feet; thence S 89 59'56" E, 30. 0 feet;
o 0
thence SOlO' 04" W, 48.53 feet; thence N 89 59'56" W,
30.0 feet to the P. O. B.
's-
10gether with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
10 Ilalle and to Ilold, the same in fee simple forever.
Bnd the grantor hereby covenants with said grantee that the grantor is lawfully seized or said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
10 December 31, 19 63.
~n ~ilness ~hereof, the said grantor has signed and sealed these presents the day and year
first above written.
STATE OF
FLORIDA
l-. ~" f0(?VUL~ ..
.....~~~~u_
I SPACE BelOW fOR. RECORDERS USE~
I
I
OJ(UlIB'ftftWnrD~I)[D('D:'J:[IJ:['n"JJlDlB):tnnp;..I:l.:o:nn...........u."ll%.D'III'lll[."'."".""..DDf"I'II'mor;DS:DDD."".:0:1"" HJ(ulIm !J:CDtlAU(nAeJl'nm)(R:CIIJ(]lJlllJCnoJ(JD(DJ:mIl1l1:l'D1(n)(n)lJ~
~U1ll'~."".,"".'InnI'I1r.I~."".-._."'~.IJ<.""~I}(IlJ(UD:IJ:['D.:o:iI'IIlf'r_."".D."".Jr'l!!ll.D"D:fr:a:'D~UWH'mIIl:fAJfIlfI'ttiltfiJfll!tllflHllKWB'11:I'IJfIXmDtJD::
ROBERT W. WILSON
(Attorney or firm of attorneys)
410 Cleveland Street
(Address)
Clearwater
, Florida
and GUARANTEE OF TITLE (OWNER) by
La wyers' Title Guaranty Fund
Qualified with and supervised by the Insurance Commissioner of Florida
ORLANDO. FLORIDA
IF CLEARWATER. COUNTY OF PINELLAS. STATE OF FLORIDA
property:
Effective date of this document:
November 6.
19~
~xamination of the certified abstract of title (or certified chain of title and an exam1nation of. the publ
examination of the public records subsequent to the period covered by the abstract or chain of title,
n composed of members) of LA WYERS' TITLE GUARANTY FUND, hereby renders the above named OWl
,e opinion of the undersigned, the estate or interest of the Owner in the real estate described in Sched'
specified in said Schedule A. and further advises that, in the opinion of the undersigned, such estate or II
lffibrances. liens, ancr-9ther objectio~, ceP~/ such encumbrances, liens, and other objections as are sh<
1/ ~// /
. /) //~~ /;/2/: 4 :
"
(SEAL)
January 12, 1965
Date Signed
GUABANTEE OF TITLE
tATION of the above named attorney at law (or firm of attorneys at law) having qualifled as and being
tS' TITLE GUARANTY FUND. LAWYERS' TITLE GUARANTY FUND (a business trust under the prow
I with the Secretary of State of Florida. at Tallahassee. Florida. on March 22. 1947. and any amendments t
the Conditions, herein, guarantees to the Owner named above. the Owner's legal representative. he1rs. I
rest of the Owner specified 1n Schedule A hereof In the real estate described In said Schedule A Is fr,
bjections. except such encumbrances, liens, and other Objections' as are referred to In Schedule B hereof
, will pay to the Owner all loss or damage. in an amount not to exceed the amount of the declared valu,
Owner may sustain because of encumbrances, liens. or other objections on, or to the estate or interest of
lchedule B (or excluded in the Conditions) hereof, This guarantee shall become effective when the opt
ielivered by a member of LAWYERS' TITLE GUARANTY FUND.
to be executed In itsru
l{
~
[g]
~
rlil
[gJ
[~
r:il
~
I
Ill)
[j]
[g]
[~
~
[lj
I!~
[g]
I
~
I
~
[j]
,
I
1--
Lawyers' Title Guaranty Fund
By~C~
SERIAL
-III
~
'Ii]
r~
It
[~
Hewen A. Lasseter,
President and Executive Secretary
9 7 9 - ()G
MEMBER
KO.
N~
230129
It
It
It
SCHEDULE A
1. The estate or :Interest of Owner covered by this document is:
Fee Simple
II
2. Record evidence of the Owner's title is: Warranty Deed dated October 30, 1964, from Bernice Dawson
and Mary Dawson, his wife, to City of Clearwater, County of Pinellas, State of Florida,
filed for record on November 6, 1964 at 2:30 P.M. in O. R. 2035 at page 484, public
records of Pinellas County, Florida, as Clerk's Instrument No. 239l23B.
II
It
If
Jl
i<
[g]
,--~, ------ ---------.-- ----!Sf
I
3. The real estate on which th1a opinion is rendered and this guarantee is given is located In Pinellas ___county"
Florida, and is described as:
Begin at the Sw corner of the NW 1/4 of Section lO-Township 29S-Range lSE; thence run ·
N 00 10' 04" E, along the West line of said Section 10, 1,203.0 feet for the P.O.B., thenc
conti,n,ue N 00 10' 0411 E, along the West line of said Section 10, 48.53 ft.;, thence S 890 I
59' 56" E, 30.0 ft. thence S 00 10' 04" W, 48.53 ft. thence N 890 59' 56" W, 30.0 feet, It
to the P.O.B., containing 1,455.9 square feet, more or less. ~
Said parcel being a part of Lot Six (6), JOHN WILLIAMS SUBDIVISION, as recorded in
It Plat Book 5, page 2, of the public records of Hillsborough County, Florida, of which I
~ Pinellas County was formerly a part.~ ~ltll~
11>1
[g]
I
u ~~BI ~
~l It
i ~:;;P::: t:d::;e7rt:::: :::=:e ~a::t:7::iO= =: =:t:~ ~::~~e h~: =:::Chis;:~e:V:o:been paid. t.
I!;J ~
[g] 2. Rights ot persons in possession, other than the Owner. I1'!l
[g] U
[g] 3. [g]
~ t
It-- -~. ,Un;r~~9rde(I labor.glecp.Jl11J~,9J:_InJ~~J:jall"P.!!!l..ll!m1':,_ '--,.,~- -",'~."-'~---"""'-'<""',o""~,,,,'<C~"""" .,;".......__'~,c., ~ _,.'
~ 5. Zoning and/or other restrictions and prohibitions Imposed by governmental authority. ~
[t] 6. Restrictions, easements, and reverter rights u follows: [1;]
[;jJ iiii
11!] None I!;j
~ !ffi
~ [g]
~ [g]
[g] u
[g] ~
~ ~
t;>J [g]
~ ~
i!.~ ~
~ ~
~ u
~] ~
~ u
~ ~
~ ~
r [g]
~,:, ~
~ ~~
[g] ;14~ ll!l
~ ~
~,,~,j '" 7,/ /) /', I
I y~ ~,J
,I;] [~
[l;] . ~
[g] i~
~ [;jJ
~ [g]
[g] (For other objections or exceptions or for continuations attach exhibIts 8lJ required) !l:iJ
~;] [g]
~ ~
'i{1, , " '" , , "" , '" , 1;;1
~~~~~[g]~[g][g][g][g][g]~[g][g][g]~~~~~~[g][g]~~~~U~~~~[g]~~~~~~~~~[;jJ[;jJ~~[;jJ~~~~~[1;]~~~[1j~~~~[1;]~[1;][~~[1;][g][j]~[1;]~~[g]~[g][1;][g][g][g][g][g][g]~U[g][g][g][g][g]~
II
It
CONDITIONS
1. LAWYERS' TITLE GUARANTY FUND, hereinafter termed "The
Fund", shall have the right to, and will at its own exPense, defend
the person, persons, corporation, or association to whom this guarantee
is issued, hereinafter termed "the Owner" (which term shall include
a lessee or a purchaser under contract, if such is the interest guaran-
teed as shown In Schedule A hereof, and shall include the legal rep-
resentatives, heirs and devisees of the Owner but shall not include a
purchaser from the Owner), in any action of ejectment or other action
or proceeding founded upon a claim of encumbrance, lien, or other
objection which existed or Is claimed to have existed prior in date
to the effective date hereof and not excepted in the description of
the property herein, nor by Schedule B hereof, nor by these con-
dltions; reserving, however, a continuing option of settling the claim
or paying this guarantee in full; and the payment or tender of pay-
ment to the full amount of this guarantee shall terminate all liabU-
ity of The Fund hereunder. It shall be the duty of the Owner prompt-
ly, upon learning of such a claim, to give The Fund written notice
thereof, addressing the notice to LAWYERS' TITLE GUARANTY
FUND, Orlando, Florida, with full particulars, and in case any action
or proceeding as hereinabove mentioned shall be brought, it shall be
the duty of the Owner at once to notify The Fund thereof in writing,
by addressing the notice as above set forth, and The Fund shall have
the right to defend such action or proceeding in the name of the
Owner, In Its own name, or in such a manner as The Fund may elect
and the law may allow. If such notice of claim sha1I not be given
with reasonable promptness, or if notice, of ll11it shall not be given to
The Fund, by addressing It in writing as abave set forth, within seven
days after summans or other pracess in such action or praceeding
shall be served upon the Owner, then all liability of The Fund in
regard to said claim, or the subject matter of such action or proceed-
ing shall cease and terminate; pravided, however, that failure to natify
shall in no case prejudice the claim of the Owner if the Owner is
nat a party to such actlan or praceeding, nar be served with summans
therein, nor have any knowledge thereof. By undertaking the defense
of any action or proceeding, The Fund shall not be deemed to have
admitted liability hereunder, nar shall It be thereby precluded, after
camplete investigation and ascertainment of all material facts, fram
questioning Its liability. The Owner, whenever requested by The Fund,
by Its chairman, executive secretary, or attorney, shall aid in effect-
ing settlement, securing Informatian and evidence, the attendance of
witnesses and in prosecuting appeals, but shall not valuntarily assume
any liability or interfere in any negotiatian for settiement of any
legal pracee'ding, .or ,Incur any expense or settle any claim, withaut the
written cansent of The Fund previously given, except at the Owner's
own expense.
2. Nothing cOlitamed' in this gUarantee shall' be cOlistrued as guar-
anteeing again loss or damage: (1) resulting from fraud on the part
of the Owner; (2) by reason of the Owner not being a bona fide pur-
chaser for value; (3) resulting from any act, condition or relationship
created, suffered or permitted by the Owner, but not disclosed by the
public records of the courity where the property Is located: (4) by
reason o,f the fact that the Owner contravened any bankruptcy law
in acquiring the estate or interest hereby guaranteed; (5) by reason
of any right of dower of the spouse, or homestead rights of the spouse
and children of the Owner; (6) resulting from the refusal of any party
to carry out any contract to purchase, lease or lend money on the
estate or Interest of the Owner; (7) by reason of the exercise or en-
forcement or attempted enforcement of any governmental police power
or any right of eminent domain over the property hereby guaranteed
or (8) resulting from any encumbrance, lien or other objection arising
after the effective date of this guarantee,
3. If the interest shown in Schedule A-I herein Is a leasehold this
guarantee is subject to all terms and conditions of said lease as describ-
ed In Schedule A-2 and the limit of the liability .of The Fund under
this guarantee shall be: (1) The fair and reasonable value of the lease.:
hold In. excess of the rent 'paid or to be paid for that part of the
term of the lease that is unexpired at the time an adverse claim
on which the Owner's right of recovery under this instrument is
established, and (2) the fair and reasanable value of any improve-
ments purchased or made by the Owner on the leased premises and
authorized by the lease, which said Improvements, if they partake of
the nature of real property, for the purpose of this guarantee, shall be
considered as real and not personal property, and (3) the items pro-
vided for by paragraph 8 of these conditions provided, however, that
under no circumstances shall liability of The Fund under (1) and (2)
of this paragraph exceed the declared value hereof. If the interest
shown in Schedule A-I herein Is that of purchase under contract of
sale, then this guarantee shall be subject to all the terms and con-
ditians of the contract of sale.
4. Notwithstanding any language to the contrary typed with the
description in Schedule A-3 herein, nothing contained in this guaran-
tee shall be construed as guaranteeing (1) titie to persanal property
even thaugh the same may be attached to, or used in connectlan with
the real property described in Schedule A-3: (2) the title or rights of
the Owner in any prC'perty beyond the baundaries of the property de-
scribed In Schedule A-3 of this guarantce, or in any streets, raads,
lanes, alieys or other ways in or upon which said property abuts, or
to tide lands, or lands comprising the shores or battoms of navigable
waters, or lands beyond the harbor or bulkhead lines as established
by gavernmental authority; (3) riparian or littoral rights. or (4) title
to filled in lands unless, fallowing the descriptlan in Schedule A-3, a
specific statement shall be made that said property in whole .or part
comprises filled in land and title thereto is guaranteed under this
guarantee, nothwithstanding any condition provided in this guarantee.
5. No claim for damages shall arise under this guarantee except
under the several provisions and conditions herein, and then only
after an encumbrance, lien or other objection not excepted in the de-
scription of the property herein, .or in Schedule B or excluded by the
conditions of this guarantee has been adjudged by a final determina-
tion in a court of competent jurisdiction to be valid and effectual to
Charge the real property described in Schedule A .of this guarantee.
In litigated matters, The Fund shall always have and be entitled to
exercise the right of appeal to a court of last resort and so long as
the right remains open to It, there shall not be deemed to have been
a "final determination" of the questions at issue. Provided, however.
if the decision of the trial court be adverse and of such 8 character
as to require supersedeas for the protection of the Owner pending
appeal, The Fund will, to the extent of its pecuniary liability to the
Owner, supersede such adverse judgment .or decree. If supersedeas in
excess of The Fund's liability Is required, it shall be the duty of the
Owner to furnish such supersedeas, and The Fund will not be re-
sponsible for any loss or damage resulting from the failure of the
owner-to do so. In every case-'Where UabUlty of The' Fund has been
fixed in accordance with these conditions. the loss or damage shall
be payable within 30 days thereafter.
8. In case of any loss to the Owner by reason of a defect, lien,
or encumbrance affecting only a part of the guaranteed praperty, the
measure of damages which the Owner may recover under this policy
shall not be a greater fractional part of the declared value of the prop-
erty as stated in this guarantee than the proportian which the prop-
erty affected by such defect or encumbrance, exclusive of improve-
ments made, thereon subsequent to the date of this guarantee, bears in
value to the entire property covered by this guarantee. All payments
under this guarantee or under any guarantee issued to the, Owner'.
successor in title covering all or any part of the land described here-
in shall reduce the amount of the insurance pro tanto and no pay-
ment shall be demanded without producing this guarantee for en-
dorsement thereon of such payment. If this guarantee be last, in-
demnity must be furnished to the satisfaction of The Fund. Any loss
payable under this guarantee may be applied by The Fund t.o the
payment of any mortgage mentioned in Schedule B, the title to which
is also guaranteed by The Fund, or which may be held by The Fund,
'imd the amount so paili shall also be deemed a payment to the Owner
,under thll. guarantee.
7. Whenever The Fund has settled a claim under this guarantee
it shall be entitled to the .rights and remedies which. th~ O)'\'1ler would
have had against any other person, persons, .or property in respect
to such claim, had this guarantee not been issued and the Owner
undertakes to transfer or cause to be transferred to The Fund such
rights, together with the right to use the name of the Owner when
necessary for the recovery thereof, such rights of subrogation to vest
in The Fund unaffected by any action of the Owner.
8. The Fund will pay, in addition to the loss, all costs of c.our1;
Imposed on the Owner in litigation carried on by The Fund for the
Owner under the requirements of this guarantee but it will in no case
be liable for the fees of any counselor attorney employed by the
Owner, and the loss paid, exclusive of costs. shall in no event exceed
the amount of this guar~tee.
. !" In the event this Guarantee Is issued in conjunction with a
Mortgage Guarantee or Policy, any amount which may become pay-
able under this Guarantee shall be autamatIcally reduced by the
amount of any loss paid by The Fund or which The Fund shall become
liable to pay pursuant to said Martgage Guarantee .or PoliCY.
10. In accepting this guarantee, the Owner accepts the same as
the contract of LA WYERS' TITLE GUARANTY FUND as a pure trust
and not as a partnership. Such acceptance shall constitute an agree-
ment by the Owner with The Fund to look solely to the assets of
The Fund ,for damages and for performance of this guarantee, and
no member of The Fund and no trustee of The Fund shall be person-
ally liable on account of this guarantee.
11. If the Owner institutes an action or suit on this guarantee.
it shall not be necessary to name the members of the Board of Tru..
tees, as the Board of Trustees of LA WYERS' TITLE GUARANTY
FUND, as defendants. In order to save the Owner the annoyance and
initial expense of ascertaining the names of the members of the Board
of Trustees and naming them and having them served with process,
it shall be sufficient merely to name LA WYERS' TITLE GUARANTY
FUND as defendant and It shall be sufficient service of process to
serve the executive secretary as such, or, in the absence from the
State .of Florida of the executive secretary, service may be made on
the Chairman of the Board of Trustees. Thereupon, the members of
the Baard of Trustees shall, without raising the Issue of the suffici-
ency of naming .of defendants and serving of pracess, appear as the
Board of Trustees of LA WYERS' TITLE GUARANTY FUND and the
action or suit shall proceed against the Trustees as such. --""""11