MARY AND ALBERT MICHAUD
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TUTBLANX REGISTERED'U. S. PAT. OFFICE::
TL:TTL..E LAW PRINT. PUBLISHERS, RUTLANC, VT. 05701
O,R. 3481 fACE 309
JVherever used herein, the term "pal'tyIJ shall include the heirs, personal representatives,
succes,rwrs and / or assigns of tIM respective parties hereto; the use of the 8in~lar ",:umber
shall include the plural, and the plural the 8in~ular; the use of any tender shall tnclu,de
all Jenders; and, if U8ed, the term ({note" shall include all the notes herein described if more
than one
Made this 29th
JJtturtra
day of January .11. D. 1971.
MARY R. MICHAUD and ALBERT T. MICHAUD, her husband,
of the C.ountJl of pinellas in the State of Florida
party of the first part, and CITY OF CLEARWATER, FLORIDA, a municipal
corporation,
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of the County of Pinellas in the State of Florida
party of the second part,
.UntllJlfth that the said party of the first part, for and in consideration oj'
the sum otten dollars and other valuable consideration ------- Dollars,
to him in hand paid by the said party of the. second part, the receipt whereof is hereby
acknowledged, has panted, bargained and sold to the said pa,rty of the second part
his heirs and assigns forever, the following descn:bed land, situate lying and being in
the County of pinellas , State of
Florida, to wit:
Lots five (5), six (6), and seven (7), Block "A" Bonair Subdivision
and west 60' of Lot 44, West 50' of lot 42, and West 30' of Lot 41
in Drew Park Subdivision, all in Section 10, Township 29 South,
Range 15 East.
Subject to taxes for the year 1971.
Subject to existing right of way for Myrtle Avenue.
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CD STATEOF't=LjJRTOAI
o::l' DOCUMENTARY STAMP TAX I
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.f1nd the said party of the first part does hereby tully warrant the title to said land,
and will defend the same as!ainst the lawful claims of all persons whomsoever,
la.Unto .1Jrn1lf. the said party of the first part has hereunto set his
hand and seal the day and year first Move written.
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ALBERT T. MICHAUD
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C!!1lU11tg of P INELLAS
1I11trtbg C!!trttfg That on this day personally. appeared before 'me, an
officer duly authorized to administer oaths and take acknowledtments,
MARY R. MICHAUD and ALBERT T. MICHAUD, her husband',;;;i'.~~~S"'~Y~:;Jj';~i,
to me well known and known to me to be the individual s described'i:ii'}".ffd;'fl<<ilfJij,~\
executed the foretoint deed, and they acknowled~edget4:t,~':1ii~!;~'!4~;'
they executed the same freely and voluntarily for the purposes t.lW,r.ei~.fl,irp,.ei$fid~~~;:,
.Unto my h{1nd and ogi,cial ,fJeal at Clearwa te~ ,/;..:..-:" """. >,.<.,,->~
County of P1.nellas ,and State of Flonda, thtB : ,r:;> :2Q1::h _.j;.;~\~l':
day of January ,.11. D. 19 71. . ",
My CommiRJli.n.T1fu_irf//lf. Of FLllli;DA JH LARiiE
,:ornrn'MISSION i:XrlktS ~<:rL 4, 1971
..\~ (,.l.i,,, W DIESTELHORST
~ONDED THROUGH FRED .
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Closing Statement January 29th ,19 71 Closing Statement January 29th , 19---.1J
Seller: Mary R. & Albert T. Michaud Seller: Mary R. &Albert T. Michaud
Buyer: City of Clearwater Buyer: City of Clearwater
Property Address: Property Address:
County P inellas City Clearwater County Pinellas City Clearwater
Legal Description: Legal Description:
Lots 5,6,and 7 Block "A" Bonair Lots 5, 6, and 7 Block "A" Bonair
Subdivision and west 60' of lot 44, I Subdivision and west 60' of lot 44,
50' lot I 50 ' lot 42 30'
west of 42 and west 30' of I west of and west of
I
lot 41 in Drew Park Subdivision, I lot 41 ~n Drew Park Subdivision,
all in Section 10, Township 29 South, all in section 10, Township 29 South,
Range 15 East. I Range 15 East.
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SELLER'S COPY A B BUYER'S COPY A B
DUE SELLER CREDIT BUYER DUE SELLER CREDIT BUYER
1. SELLING PRICE 17,500 00 xxxxxxx xxx. I a. PURCHASE PRICE 17 sac 00 xxxxxxx xxx
"2. DOWN PAYMENT xxxxxxx xxx 1,00C 00 "b. DOWN PAYMENT xxxxxxx xxx 1 000 00
3. MORTGAGES: a.-Assumed by Buyer xxxxxxx xxx c. MORTGAGES: a.-Assumed by Buyer xxxxxxx XXX
b.-Executed by Buyer xxxxxxx xxx b.-Executed by Buye xxxxxxx xxx
4. RENTS, pro rated d. RENTS, pro-rated
5. INTEREST, pro rated e. INTEREST, pro-rated
6. INsURANCE: Fire xxxxxxx xxx f. INSURANCE: Fire xxxxxxx xxx
Unearned Unearned
Premium Premium
Other xxxxxxx xxx Other xxxxxxx xxx
UnelNDed Unearned
Premlum Premium
7. TAXES: g. TAXES:
a-Based o~days credit to Seller, or 27 55 a-Based o~ays credit to Seller, or 27 55
b-Based 0 days credit to Buyer b-Based o~days credit to Buyer
8. 19 City Taxes a b I h. 19 City Taxes . a b
9. 19 County Taxes a b I i. 19 County Taxes a b
10. 19 Personal Taxes a b I j.. 19 Personal Taxes a b
11. k.
12. l.
13. m.
TOTALS .il , ~UU UU .i, U~ 1 ::>::> I TOTALS .L I , ::lUU UU .LU": I ::l::l
14. Column "A" "esB ~olumn "B" ,r\?'" 1:;1:; I Column "A" less Column "B" 1 n?7 t:;t
xxxxxxx xxx I n. xxxxxxx xxx
" fBALANCE DUE SELLER ~~.... J1~ I .. f BALANCE DUE SELLER ~ Li7? Lli
xxxxxxx xxx I xxxxxxx xxx
SELLER'S EXPENSES OF SALE CHARGE SELLER BUYER'S EXPENSES OF SALE CHARGE BUYER
15. Abstracting Charges 156 25 o. Abstracting Charges
16. Attorney Fee 100 00 p. Attorney Fees .
17. Broker's Commission 1750 00 q. Escrow Fees
18. Escrow Fees r. Florida Revenue Stamps~ on Note
19. Florida Documentary Surtax Stamps on Deed s. Intangible Tax on Mortgage
20. Florida. Revenue Stamps, on Deed t. XlKOCl~:D!OO XXXXl\}< XXX}<
21. Intangible Tax on Mortgage u, Recording}MO~ deed 4 00
22. Recording Mortgage v. Survey Charges
23. Survey Charges w. Mortgage Transfer Fee
24. Mortgage Transfer Fee x. State Stamos 52 50
25. y; c".....+-=>'V' 19 25
"26. TOTAL EXPENSES TO SELLER $ 2006 25 "z. TOTAL EXPENSES TO BUYER $ 75 75
SUMMARY: SUMMARY:
DOWN PAYMENT "(2) Omit if $ 1,000.00 BALANCE DUE SELLER ("f) $16,472.45
. Paid Seller I
(Plus) BALANCE DUE SELLER "(f) $16,472.45 (Plus) BUYER'S EXPENSES. ("z) $ 75.75
SUB TOTAL $17,472.4S I NET CASH DUE FROM. BUYER $ 16, 548. 20
(less ) SELLER'S EXPENSES "( 26) $ i~~~~6~~O
NET CASH TO SELLER $
Taxes and Insurance pro-rated as of ,19-. taxes Taxes and Insurance pro-rated as of ,19_, taxes
based oJ!. year 19-,-, in the amount of $ based on year 19_, in the amount of $
Abstract delivered to Abstract delivered to
Insurance Policies delivered to Insurance Policies delivered to
Note, with cancelled stamps, tn Note, with cancelled stamps, to
~Received a. true copy of above, check for Net Cash to Seller, and hereby "Received a true copy of above. and hereby approve same and certify it
approve above and certify it correct." correct. "
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )SS.o
BEFORE ME, the undersigned authority, personally appeared
MARY R. MICHAUD and ALBERT T. MICHAUD, her husband,
who upon being duly sworn depose and say ~
That ~e'y (~ (are) the owner s of certain property
situated in Pinellas County, Florida, described as follows:
Lots five (S) and six (6) and seven (7), Block "A" Bonair
Subdivision and west 60' of lot 44, West 50' of lot 42,
and West 30' of lot 41 in Drew Park Subdivision, all in
Section 10, Township 29 South, Range 15 East.
Affiant s state that ~_he'y hold title in fee simple to
said property and that the same is not encumbered or hypothe-
cated in any manner except: none
Affiant s further state that all bills for labor, services,
and/or materials incurred by reason of any construction, repair
or improvement to said property have been paid in full and that
there are no such unpaid bills or obligations for which a claim
of lien might attach.
AffiantS ~ (are) making this affidavit in connection with
the sale of the above described property to city of Clearwater,
Florida, a municipal corporation
for the total purchase price of $ 17,500.00 and this affidavit
is a representation made as an inducement to'said purchase 0
Dated this 29tl{lay of January
19 71.
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ALBERT T. MICHAUD
(SEAL)
(SEAL)
Sworn to and subscr ibed before me this 29tQ]ay of January
19 71.
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O'Malley & Sunne
Attorneys-at-law
301 pierce Street
Clearwater, Florida
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AGREEMENT FOR PURCHASE
AND SALE OF REAL ESTATE
THIS AGREEMENT made and entered into this /~ day of
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hereinaftet referred to as Seller, and the CITY OF CLEARWATER, FLORIDA,
A.D., 1970, between MARY R. MICHAUD, .& ALBERT T..~
MICHAuD
a municipal corporation, hereinafter referred to as Purchaser.
WITNESSETH: That in consideration of the payments and covenants
herein provided, and other good and valuable considerations, Seller agrees
to sell and Purchaser agrees to buy the following described real estate
situate in Pinellas County, Florida, to wit:
Lots 5, 6, 7, Block "A", Bonair Subdivision and West 60'
of Lot 44, West 50 I of Lot 42, and West 30' of Lot 41 in
Drew Park Subdivision, all in Section 10, Township 29
South, Range 15 East.
The total purchase price for said property shall be the sum of
$17,500.00, payable at the times and in the manner following:
$1,000.00 cash to be paid upon execution of this agreement, receipt
of which is hereby acknowledged, and the balance of $16,500.00 upon closing,
which shall be on or before January 29, 1971.
IN CONSIDERA TION WHEREOF, Seller agrees to convey said property
to said Purchaser by good and sufficient Warranty Deed, with a fee simple,
marketable title, free and clear of all encumbrances of record. The City
will bear cost of tax stamps.
Seller shall give to Purchaser within fifteen days, an abstract of title
or title insurance, certified to the date of this Agreement or later, evidencing
a good record, unencumbered, title. Purchaser shall have fifteen days after
delivery of abstract or title insurance commitment for examination and
acceptance thereof, and/or to notify Seller, in writing, of any objections to
said title. If no notification is received by Seller within said time, then said
title shall be conclusively deemed to be acceptable to Purchaser. In event
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Seller IS title is not good and marketable of record, she shall have areas onable
time thereafter to perfect same, and if such defects are not cured within such
reasonable time then Purchaser may demand the return of all earnest monies
paid by it and cancel this contract, or waive the defects and accept the property
without deduction on account of said defects. If Purchaser shall default
under this contract, the earnest money deposit shall be retained by Seller ln
lieu of liquidated damages and/ or as rental for the premises.
Taxes for 1970 and prior years shall be paid by Seller, and taxes for
1971 shall be prorated as of date of delivery of possession.
The City shall accept agreement on or before August 19, 1970.
The City recognizes Bruce Taylor, Inc. as Broker or Agent for the
Seller in this transaction.
This Agreement shall be binding on the respective heirs, executors,
administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals,
the day and year first written above.
Signed, sealed and delivered in the
presence of:
/~:Jr
~;I~~fc,,;i~"Urf{ / (SEAL)
(L;/ /' JL.iu~ (SEAL)
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CI~.R' FLORIDA
B "~
City Manager
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Attest: ~..
f?~
!'PPus to fo & correctness:.
~ G ~d&-<,~
City Attorney
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FUND Form OP (Revised 3/23/70) (12/70 3M)
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TITLE INSURANCE POLICY
O'Malley & Sunne
Member (or Members) of The Fund
301 pierce street
Address
Clearwater
, Florida
La wyers' Title Guaranty Fund
Qualllled with and ,"pervlsed by the Insurallce Comm""olln 01 FlorltIiJ
ORLARDO. FLORmA
city of Clearwater, a municipal corporation
To:
(Insured)
Declared value of property:
Effective date of this document:
$
17,500.00
February 8th
,19 71
at 8: 00 A. ~.
LAWYERS' TITLE GUARANTY FUND. a business trust, subject to Schedule B and the eonditions on reverse hereof and in consideration of
payment for this policy, DOES HEREBY INSURE the above named. to whom this policy is issued. hereinafter referred to as the Insured. against
all loss or damage, not to exceed the declared value above shown, the Insured may suHer because of estates, interests, liens, encumbrances,
or other objections to the title or interest of the Insured shown by Schedule A hereof, and that are not excepted by Schedule B hereof and
are not excluded, by the conditions on reverse hereof, which exceptions and conditions are expressly made a part of this policy of insurance.
This poliey shall not be effective until after it has been countersigned by the member or members of Lawyers' Title Guaranty Fund who issue
this policy .
IN WITNESS WHEREOF, LA WYERS' TITLE GUARANTY FUND has caused this document to be executed in its name by its President and
Executive Secretary and its seal to be affixed.
Lawyers' Title Guaranty Fund
BY~/JU&r
2195
MEMBER NO.
op-
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46954
Countersigned:
WILLIAM
Date
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February I ~, 1971
SCHEDULE A
1. The estate or interest of Insured covered by this policy is: fee simple.
2. The record evidence of the Insured's title is: Warranty Deed from Mary R. Michaud and
Albert T. Michaud, her husband, to City of Clearwater, Florida,
dated January 29, 1971 and recorded February 5, 1971, in O. R. 3481
page 309 public records of Pinellas county, Florida.
pinellas
3. The real estate on which this policy is issued is located in
County, Florida and is described as:
Lots five (5), six (6), and seven (7), Block "A" Bonair Subdivision
and west 60' of Lot 44, West 50' of lot 42, and West 30' of Lot 41
in Drew Park Subdivision, all in Section 10, Township 29 South,
Range 15 east.
SCHEDULE B
This policy, in addition to any exceptions in the description in Schedule A-3 above and the conditions on reverse hereof, is subject to and
this policy does not insure against the following encumbrances. liens and other objections:
1. All taxes for the year of the effective date of this policy unless noted here that such taxes have been paid.
2. RigJ:lts, of persons in possession other than the Insured.
3. Facts that an accurate surveyor personal inspection of the property disclosed or would have disclosed.
4. Unrecorded labor, mechanic or materialman liens.
5. Zoning and/or restrictions and prohibitions imposed by governmental authority.
may allow. If such notice of claim shall not be given with reasonable
promptness, or if notice of suit shall not be given to The Fund, by address-
ing it in writing as above set forth, within seven days after summons or
other process in such action or proceeding shall be served upon the In-
sured, then all liability of The Fund in regard to said claim, or the subject
matter of such action or proceeding, shall cease and terminate; provided.
however. that failure to notify shall in no case prejudice the claim of the
Insured if the Insured is not a party to such action or proceeding, nor be
served with summons therein, nor have any knowledge thereof. By un-
dertaking the defense of any action or proceeding. The Fund shall not be
deemed to have admitted liability hereunder, nor shall it be thereby pre-
cluded, after complete investigation and ascertainment of all material
facts, from questioning its liability. The Insured. whenever requested by
The Fund, by its chairman, executive secretary, or attorney, shall aid in
effecting settlement securing information and evidence, the attendance
of witnesses and in processing appeals, but shall not voluntarily assume
any liability or interfere in any negotiation for settlement of any legal
proceeding, or incur any expense or settle any claim, without the written
consent of The Fund previously given, except at the Insured's own
expense.
2. Nothing contained in this policy shall be construed as insurance
against loss or damage: (1) resulting from fraud on the part of the In-
sured; (2) by reason of the Insured not being a bona fide purchaser for
value; (3) resulting from defects, liens, encumbrances, objections to title.
adverse claims, or other matters (a) created, suffered, assumed or agreed
to by the insured claimant; or (b) known to the insured claimant either at
the date of the policy or at the date such insured acquired an estate or
interest insured by this policy and not disclosed to The Fund or not shown
by the public records; (4) by reason of the fact that the Insured contra-
vened any bankruptcy law in acquiring the estate or interest hereby in-
sured; (5) by reason of any right of dower of the spouse, or homestead
rights of the spouse and children of the Insured; (6) resulting from the
refusal of any party to carry out b'l contract to purchase, lease or lend
money on the estate or interest 0 the Insured; (7) by reason of thel
exercise or enforcement or attempted enforcement of any governmental
police power or any right of eminent domain over the property hereby
insured or (8) resulting from any encumbrance, lien or other objection
arising after the effective date of this policy.
after the effective date of this policy.
3. If the interest shown in Schedule A-I herein is a leasehold this
policy is subject to all terms and conditions of said lease as described in
Schedule A-2 and the limit of the liability of The Fund under this policy
shall be: (1) The fair and reasonable value of the leasehold in excess of
the rent paid or tbbe paid for that part of the term of the lease that is
unexpired at the time an adverse claim on which the Insured's right of
recovery' under this instrument is established, and (2) the fair and reason-
able value of any improvem~nts purchased or made by the Insured on
the leased premises and auth\)rized by the( lease, which said improve-;
ments, if they partake of the nature of real property;. for the purpose oA
this policy, shall be considered as real and not personal property, and (3)
the items provided for by paragraph 8 of this policy, provided, however,
that under no circumstances shall liability of The Fund under (1) and (2)
of this paragraph exceeded the declared value as shown on the first page
of this policy. If the interest shown in Schedule A-I herein is that of
purchaser under contract of sale, then this policy shall be subject to all
the terms and conditions 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 policy shall
be construed as insuring (1) title to personal property even though the
same may be attached to, or used in connection with the real property
described hi Schedule A-3; (2) the title or rights of the Insured in any
property beyond the boundaries of the property described in Schedule
A-3 of this policy, or in any streets. roads, lanes, alleys or other ways in
or upon which said property abuts, or to tide lands beyond the harbor
or bulkhead lines as established by governmental authority; (3) riparian
i;;s;r~~tto -furniSh - sl;~h -stip~~;.~de;;' ~ii.7tTh;;' i':;';(:i'~ill-ii.o':Cbe -r~;;'po-;;sibi~
for any loss or damage resulting from the failure of the Insured to do so.
In every case where liability of The Fund has been fixed in accordance
with these conditions, the loss or damage shall be payable within 30 days
thereafter.
6. In case of any loss to the Insured by reason of a defect, lien, or
encumbrance affecting only a part of the insured property, the measure
of damages which the Insured may recover under this policy shall not
be a greater fractional part of the declared, value of the property as
stated in this policy than the proportion which the property affected by
such defect or encumbrance, exclusive of improvements made therein
subsequent to the date of this policy. bears in value to the entire prop-
erty covered by this policy. All payments under this policy or under
any policy issued to the Insured's successor in title covering all or any
part of the land described herein shall reduce the amount of the insur-
nace pro tanto and no payment shall be demanded without producing
this policy for endorsement thereon of such payment. If this policy be
lost, indemnity must be furnished to the satisfaction of The Fund. Any
loss payable under this policy may be applied by The Fund to the pay-
ment of any mortgage mentioned in Schedule B. the title to which is also
insured by The Fund, or which may be held by The Fund. and the
amount so paid shall also be deemed a payment to the Insured under
this policy.
7. Whenever The Fund has settled a claim under this policy it shall
be entitled to the rights and remedies which the Insured would have had
against any other person, persons. or property in respect to such claim,
had this policy not been issued and the Insured undertakes to transfer
or cause to be transferred to The Fund such rights, together with the
right to use the name of the Insured when necessary for the recovery
thereof, such rights of subrogation to vest in The Fund unaffected by
any action of the Insured.
8. The Fund will pay, in addition to the loss, all costs of court im-
posed on the Insured in litigation carried on by The Fund for the In-
sured under the requirements of this policy but it will in no case be
liable for the fees of any counselor attorney employed by the Insured,
and the loss paid, exclusive of costs, shall in no event exceed the amount
of this policy.
9. In the event this policy is issued in conjunction with a Mortgage
Guarantee or Policy, any amount which may become payable under this
policy shall be automatically reduced by the amount of any loss by The
Fund or which The Fund shall become liable to pay pursuant to said
Mortgage Guarantee or Policy.
10. In accepting this policy, the Insured accepts the same as the con-
tract of LA WYERS' TITLE GUARANTY FUND as a pure trust and not
as a partnership. Such acceptance shall constitute an agreement by the
~nsured with The Fund to look solely to the assets of The Fund for dam-
.ages and for performance of this policy, and no member of The Fund and
no trustee of the Fund shall be personally liable on account of this policy.
11. If the Insured institutes an action or suit on this policy, it shall
not be necessary to name the members of the Board of Trustees, as the
Board of Trustees of LAWYERS' TITLE GUARANTY FUND. as defend-
ants. In order to have the Insured 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 d~fendant and
it shall be sufficient service of process to serVe the executlve 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 Trus-
tees. Thereupon, the members of the ,Board of Trustees shall, without
raising the issue of sufficiency of naming of defendants and serving of
process, appear as the Board of Trustees of LAWYERS' TITLE GUAR-
ANTY FUND and the action or suit shall proceed against the Trustees
as such.
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