ANNIE W. BIRT
Barrett, Earl
J#-
From:
Sent:
To:
Cc:
Subject:
Barrett, Earl
Monday, January 13, 2003 3:25 PM
Stephenson, Susan E.
Mahony, Thomas
real estate closing docs
Susan -
On September 30, 2002 the City closed the purchase of a portion of a platted lot in Pine Brook Unit 2, together with
obtaining both a perpetual and a temporary easement. The title insurance policy and original recorded instruments finally
arrived in today's mail. A future title researcher will go crazy trying to connect the dots on this one. The record work is a
mess, but the interests into the City are adequately supported..
Under copy I this message I will forward the following:
. Warranty Deed to the portion of the property acquired in fee simple (0. R. 12396, Pgs. 127-130)
. Partial Release of Mortgage Lien relative to the fee simple parcel (0. R. 12269, Pgs. 1055-1057)
. Perpetual Drainage & Utility Easement (0. R. 12251, Pgs. 825 - 827), along with related Consent & Joinder,
Subordination recorded later in O. R. 12269, Pages 1058-1059.
. Original Settlement Statement
. Original Owner's Title Policy op-9-1708-202 issued by American Pioneer Title Insurance Company
. City COP data sheet summarizing transaction
I will place a copy of the deed / partial release docs, together with the perpetual easement/consent & subordination docs,
in Engineering O. R. files.
I will also provide Tom Mahony copies of the property data sheet, and the deed and easement docs and request he amend
the City-Owned Property atlas to reflect and reference the interests acquired, and create a file for the acquisition in
Engineering archive books.
..IAN -; A~n03
1
r ~~ . ;' '. ',: "
;;. "PrepareG By: Laurie Brief
RECORD & RETURN TO:
SOMERS rITLE COMPANY
1290 CO'URT STREET
CLEARWATER, FL 33756 (727) 441-1088
incidental to the issuance of a title insurance policy.
File Number: 02080033c
ParcellD #: 10/29/15/69048/005/0050
Grantee(s) SS #:
,.
\.
02-457719 DEC- 6-2002 2:32PM
PINELLAS CO 8K 12396 PG 127
. .....n__JIDmIIIIIIIIIllIIIIIIIIUIIIIIlIIIIIIIIIIIIlI
KARLEEN F, DE BLAKER, CLERK OF cou~r
PIHELLAS COUNTY, FLORIDA
WARRANTY DEED
(INDIVIDUAL)
6C294716 10-01-2002 15:4 5
51 DED-ANNIE W BIRT
??oo00
1":02363773 BK:1
RECORD ING 003
DOC STAMP -
DAT
SPG:0805 EPG:0807
1 $15.00
3 $70,70
t~'''''"
(V,.',
L ,t.....i" I
1/ "
This WARRANTY DEED, dated September 30, 2002 by
Annie W. Birt, a single woman
whose post office address is:
TOTAL: $85.70
AMT , TENDERED: $85.70
CHANGE: $.00
___ DEPUTY CLERK
hereinafter called the GRANTOR. to
City of Clearwater, Florida, a .Florida Municipal Corporation
whose post office address is:
PO Box 4748, Clearwater, FL 33758
hereinafter called the GRANTEE:
(Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH: 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, remises, releases, conveys and confirms
unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz:
Parcel #10/29/15/69048/005/0050
Parcel A (Fee Simple):
Lot 5, less the West 225 feet thereof, Block "E", PINE BROOK SUB-DIVISION UNIT 2, as shown on Plat
recorded in Plat Book 23, Page 71, of the Public Records of Pinellas County, Florida.
~t~~
I\"_U'~
DR:~.t ~j ___
CJS _.____
H,rr __-
fEES
MTf ___
PIG
REV __
Re-Record to show better copy of survey
16=f~ ~
- ex 8A~ ~sP
CHG AM I
'f >If' ~ . '",."
-:. . i"l'
KARl1IH F.1l 1lAKER, CtERKIJ CllJRT
PIlEltAS .twffi', FURIDA
---------------------------------------
6C299310 12-06-2002 14:33:58 HDK
51 IlIHHUE BIRT/CITY CLEARWATER
))10 - ??oo1526
I.:02457l19 11(:12396 SP6:012'7 EP6:0130
RECORDING 004 PAGES 1 $19.50
TOTAL: $19.50
CHARGE AMOUNT: $19.50
BY ____ JmJTV ClERK
\Dt~
,
M
,
~
. r.A .-
v
SUBJECT TO covenants, conditions, restrictions: reservations, limitations, easements and agreements of record, if any;
taxes ~nd assessments for the year 2002 and subsequent years; and to all applicable zoning ordinances and/or restrictions
and prohibitions imposed by governmental authorities, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully
seized of 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.
IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above.
SIGNED IN TH~ OI'TH~LWWING WITNESSES: . {J.~
SIgnature: ~ ~
Print Name: RONALD E SO~ERS Annie W. Birt
Signature:~l~ rJ. ~
Print Name:
LAURIE L. 8RIEF
PINELLAS COUNTY FLA,
OFF,REC,8K 12398 PG 128
State of Florida
County of PineUas
THE FOREGOING INSTRUMENT was sworn and acknowledged before me on September 30, 2002 by:
Annie W. Birt, a single woman
who is personally known to me or who has produced drivers license as identification.
Signature:
Notary:
Print Name:
Notary Seal:
~
w
z
<(
---1
>-
l-
I-
W
m
PINELLRS COUNTY FLR,
OFF,REC,8K 12398 PG 129
EXHIBIT "A"
Scale I" = 50'
This is not a survey
-----
1
~
II
II
-------
6
225'
25' Drainage &-
5 UlIlity Easement
~
4.()
~
--~------
~.q;. <\ ~
~
~~
~
QO
~
'"""
v
3
~.
~.
2
PALMETTO STREET
1
II
~II
~II
II
. ",
~
II
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
- ENGINEERING
D~~:;~~ EASEMENT LEGAL DRAWING Lgl~~;~2,B5
CH'CKED BY DRAINAGE & UTILITY EASEMENT SHEET
E.B E. 25' OF W 225' OF LOT 5 1 OF 1
OATE SECT TWSP-RNG
OS/22/2002 PINEBROOK UNIT 2 10-29S-15E
~~~ BLOCK E, PB 23 Pg. 71 OR~/~cc
OVERBECK & ELLIOTT, INC.
!: PROFESSIONAL SURVEYORS
3089 Roosevelt Blvd., Clearwater, Florida 33760
Phone (727) 524-9666 FAX (727) 524-9328
Certificate of Authorization L.B. /I 6913
~b
Y15
~/
CERTIFIED TO: ANNIE BIRT, McCAUGHN MORTGAGE COMPANY, INC., SOMERS TITLE COMPANY,
CITY OF CLEARWATER
~
;:s
~
~
~
~.
JOB No. 2107
SEC. 10, TWP. 29 S., RGE. 15 E.
PINELLAS COUNTY, FLORIDA
5.00' (M)
W. 225.00' OF LOT 5
U)
~
~
<.
.~
'Z
U)
o
'Z.
<:""'.l.
~
~
~
~
N
SCALE:
1" = 30'
.1 . LOT 6
I BLOCK E
F.C.M. ~
4"x 4" SIR
1;..':- N 88'32~;-W(P&MT - - 258:5' cp) - .. .
~ .
I~ PINELLAS COUNTY FLA
10 OFF.R~C.8K 12388 PG i30
l;j
,I'-
...
I................
::::to..
'-" '-"
Iw l.Ll
I~}..,
I ~ :4"
1'-1'-
I~ ~
100
zz
F C M I N 88'32'17" ( 13.9'
4;'x' 4" if:'" - - - - - W_P&Ml_ - 288.5' (P)- r . .
:~~i . ~ 1/.~ N ~1~b? w
Ii..}.., ~ LOT 4 12.0.0' (M)5 tf)
I ~:. N B.LOCK E
I f'l f'l IX:!
......N
00l"')
. I z Z N N. R/W LINE OF PALMETTO ST. \
~'.g;~' 3.5" dr _ _ _ _ _ _ _ _ _S~9'23'59':' ~ _ _ _ _ _ _ _'_ _ _ __
(P.R.M.)
\P\p
~~
~~
0.0
~.~
~t::O
1'::.-:;1
~
LOT 5
BLOCK E
S'I
S
LEGAL DESCRIPTION:
Lot 5, LESS the West 225.00 feet thereof, Block E, PINE BROOK SUB DIVISION, according to
the plat thereof as 'recorded in Plat Book 23, Page 71, of the Public Records of Pinellas
County, Florida.
24.2 Z
13.5' 10.7'
~FRAhAE SHEO~
/
/
SURVEYOR'S NOTES:
1.) ALL CORNERS F'OUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN
2.) ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT AND/OR DEED UNLESS OTHERWISE NOTED.
3.) NO UNDERGROUND ENCROACHMENTS, toUNDATIONS OR UTILITIES HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED.
4.) NO INSTRUMENTS OF' RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR
EXCEPT AS SHOWN HEREON.
5.) BASIS OF BEARINGS: N. R/W LINE OF PALMETTO ST. BEING S 89'23'59" E (PER PLAT).
6.) THIS IS TO CERTIFY THAT I HAVE CONSUL TED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP,
COMMUNITY No. 125096, PANEL No. 0008 D, EFFECTIVE DATE 8/19/91, AND THE HEREON DESCRIBED
PARCEL APPEARS TO BE IN ZONES X & AE, WITH A BASE ELEVATION OF 12.0' M.S.L. FOR AE.
7.) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROF'ESSIONAL LIABILITY INSURANCE
A88REVlA TION LEGEND:
F.I.R FOUND IRON ROD, SIZE INDICATED SEC. SECTION
S.I.R. SET IRON ROD, 1/2" P.S.M. #3983 TWP. TOWNSHIP
F.I.P. FOUND IRON PIPE, SIZE INDICATED RGE. RANGE
F.N.D. FOUND NAIL AND DISK (OJ DEED
S.N.D. SET NAIL AND DISK. P.S.M. # 3983 (P PLAT
F.C.M. FOUND CONCRETE MONUMENT (1.1 MEASURED
P.R.M. PERMANENT REFERENCE MONUMENT (C CALCULATED
R/W RIGHT-OF-WAY CONC. CONCRETE
TYP. TYPICAL COV. COVERED
PP POWER POLE ASPH. ASPHALT
WM WATER METER PVMT. PAVEMENT
ELEV. ELEVATION
CERTIFIED AS A BOUNDARY SURVEY
I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROfESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 61 G17-5, FLORIDA ADMINISTRATIVE CODE,
PUR NT ''''0 CTION 472.027. FLORIDA STATUTES.
DATE: 9/24/02
ED ARD C. ELLIOTT, P.S.M. # 3983
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER THIS DRAWING. SKETCH. PLAT OR MAP IS FOR
INFORM A TlONAL PURPOSES ONLY AND IS NOT VALID.
KAIlEEN F. DE JlAKER, IlERK OF COURT
PltnlAS lIOOY, MUM
, ...
'-
0'0
Ojl /};
\ \6 L/
I
\')\:..
\,~
S \^ ~~'--
,~) 'i c.\G'
.,.\ ~ <. \:)'"
,\\,;..'~ \,y,";.~\
>~,i >..1 '::l ,\*~
" " ,',y' '\'C,\)
,;''., \.,V I'\\! ~"
c\'~~:\((, \ ,;\,:\) v ~I\<(~
~~\.'j..,,<-'C,\) 'C,CJ\'<'
RJfX \. '\1,--"<-
Earl B rrett &-~~ \,
Engineering D*~
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33756-4748
9C79OO48 10-08-2002 17:29:52 TNB
51 PIR-ANNIE W BIRT
3010 - ??oo1526
REClRDING 003 PAGES 1 $15.00
TOTAl: $15.00
CWlR(I AHOOO: $15.00
BY __ IlPlITV ClERK
~
()
(V)
(V)
o
o
00
o
N
o
'-"
02-375228 OCT- 8-2002 10: 14PM
PINELLRS CO 8K 12269 PG 1055
111111I11111 1111I11I11111I1111I1 11111 111111111 1111
\.D
If")
r--
(V)
(V)
PARTIAL RELEASE OF MORTGAGE LIEN
1-.4..
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Annie W. Birt, an
unmarried woman (herein "Mortgagor") by Indenture of Mortgage dated January 23,
ffi 1984 as recorded in Official Records Book 5860, Page 1371 of the Public Records of
~),:;,:.;~; .~ ,Pinellas County, Florida, granted and conveyed to McCaughan Mortgage Company,
~ ,'i,j'" :~ ~E:iZJolnc., a Florida corporation, its successors and assigns (herein, "Mortgagee"), a security
i.i1 l~fOO1nterest as described therein in the following parcel of land being located and situate in
d 'the City of Clearwater, County of Pinellas, State of Florida legally described as
~
I:Ll
~
(/)
~
PINE BROOK UNIT NO.2, Block E, Lot 5 as recorded in Plat
Book 23, Page 71 of the Public Records of Pinellas County,
Florida (herein, the "Premises");
~
8 :;~
o
0\
N
~.
. ,~' . J
:''':.0;.- ,)
~
8
~
H
E-i
(6ftU/ AND, WHEREAS, Mortgagor has requested that Mortgagee release the following
.,/::'aescribed portion of the above referenced Premises from the lien, encumbrance and
I$~~eration of said Mortgage:
PINE BROOK UNIT NO.2, Block E, Lot 5 LESS the west 225 feet
thereof, as recorded in Plat Book 23, Page 71 of the Public
Records of Pinellas County, Florida (see EXHIBIT "A" attached
hereto and a part hereof);
~
(/)
NOW, THEREFORE, in consideration of the receipt of $10.00 and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Mortgagee, at the time and upon the execution hereof, does remise, release, quit-claim,
exonerate and discharge forever all of that above described piece and parcel of said
Premises from the lien and operation of said Mortgage.
..
~
TO HAVE AND TO HOLD THE SAME, with all appurtenances pertaining thereto,
unto said Mortgagor, their heirs and assigns, forever freed and discharged of and from
the lien of said Mortgage, and every part thereof; provided, however, that nothing herein
contained shall in any way impair, alter or diminish the effect, lien, encumbrance and
operation of the aforesaid Mortgage on the remaining portion of said mortgaged
Premises not hereby specifically released, or any of the rights and remedies, at law or in
equity, that Mortgagee shall have thereto.
;
oCl
Q
Q::::
8
i~
\
1
-\00
,
~
RE: Partial Release of Mortgage Lien
PINE BROOK UNIT NO.2, Blk. E, Lot 5
IN WITNESS WHEREOF, said Mortgagee has hereunto set its hand and seal
this /~day of ClL rp4,:#€... , 2002.
McCaughan Mortgage Company, Inc.,
a Florida corporation
BY:~~
.. L"~. I
. Printnamejj:-'/1/N'-! 4~eu...v
Title Uete- ~~5Io€Nr
WI E
~~NN C!Jf5TILLD .
Print Wi ness Name
COUNTY OF DADE
: 55
STATE OF FLORIDA
BEFORE ME, this 1ST day of October ,2002, the undersigned
authority, personally appeared Jenny Brown as
Vice President of McCaughn Mortgage Company, Inc.,
Florida corporation, who executed the foregoing instrument and who
acknowledged the execution thereof the be h~ free act and deed for the use
and purposes herein set forth, and who is personally known to me.
If
OFFIOAL NOTARY S L
DIANE E SARTOR
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. CCtOOO811
MY COMMISSION EXP. MAR. 2 5
Notary Public -~/Of Florida
Print/type Name
o
"TJ
"TJ""U
. .....
AJZ
fTlfTl
nr
. r
m:n
A(f)
~n
ruo
rue
mz
Ul-f
-<
""U
Gl"TJ
r
~:n
--.0-.-
UJ
m
2
, '.
r' r,
~, t
w
z
<(
-J
>-
l-
I-
W
m
EXHIBIT "A"
5ca/e 1" = 50'
This is not a survey
o
""'1
""'1-0
.....
:;oz
JTlJTl
or
. r
lD:D
AU)
. "'-
---------
.....0
NO
NC
mz
(0-1
-<
-0
Q""'1
r
1 .....:D
O.
U1
...,j
---------
---------
~
.()
~
--~------
&,q;; <\ ~
~4; Q()
~~ ~
PJ
6
;22W
3
~.
~.
PALMETTO STREET
5
~
4
2
II
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL DRAWING
LOT 5 BLOCK "E"
PINEBROOK UNIT 2
DATE SECT-lWSP-RNC
OS/22/2002 PLAT BOOK 23 PAGE 71 10-29S-15E
ORDINANCE
N/A
_BY
E.8ARRETT
t----- .
\
..
1
II
II
~II
~II
II
~
...... BY
D.KING
Dwo. NO.
L91200202.L5
SlEET
1 OF 1
2698
.
--.
(Printed on Sop :': 2001 @ 15.35)
A'.",. ...
. -
US Dep3.11ment of Housing and Urban Development
SETTLEMENT STATEMENT
OMB No. 2502.0265
1. [] FHA 2. [] FmHA 3. [] Cony. Un ins.
4. VA 5. Cony. Ins.
6. File Number:
02080033c
7. Loan Number:
C. NOTE: This fonn is furnished to give you a statement of actual settlement costs. Amounts paid to and by the setdement agent are shown. Hems marked 'POC' wefe paid outside the closing: they are shown here ~or infol111ation
D. NAME AND ADDRESS OF BORROWER:
Cit of Clearwater, Florida P.O. Box 4748 Clearwater, FL 33758
E. NAME AND ADDRESS OF SELLER:
Annie W. Birt 1009 Bett Lane N. Clearwater, FL 33755
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
1007 Bett Lane N, Clearwater, 33755
H. SETTLEMENT AGENT:
SOMERS TITLE COMPANY 727-441-1088 Contact:
I. SETTLEMENT DATE:
09/30/02
PLACE OF SETTLEMENT:
1290 COURT STREET CLEARWATER, FL 33756
DISBURSEMENT DATE:
09/30/02
I J. SUMMARY OF BORROWER(S) TRANSACTION
100 GROSS AMOUNT DUE FROM BORROWER'
I K. SUMMARY OF SELLER(S) TRANSACTION
400 GROSS AMOUNT DUE TO SELLER :
10 I. Contract sales price 10,100.00 401. Contract sales price 10100.00
102. Personal Property 402. Personal Property
103. Settlement charges to borrower (line 1400) 421.20 403.
104. 404.
105. 405.
Adjustments for items oaid bv Seller in advance Adiustments for items paid by Seller in advance
106. City/town taxes 406. City/town taxes
107. County taxes 407, County taxes
108. Assessments 40S. Assessments
109. 409.
--
110. 410.
111. 411.
112. 412.
120. Gross Amount Due From Borrower 10.521.20 420. Gross Amount Due Seller 10.JOO.00
200 AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Deposit or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. 507. Release McCaughan Mtg 9,700.00
208. 50S.
209. 509.
Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance
210. City/town taxes 510. Citv/town taxes
211. County taxes 511. County taxes
212. Assessments 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 51S.
.
219. 519.
220. Total Paid Bv/For Borrower 520. Total Reduction Amount Due Seller 9 700.00
300. CASH AT SETTLEMENT .'ROM/TO BORROWER:
30 !:..Gross !>l1loul!!.~~~f!~~~!:~wer {line! 20L________._ ...._!Q,52 pO
~~~:!.:~~~ ~11~~,!ll!~ Jl~il! !>y/li!1 ~~Ir~~\\!~! O~II~~~())
.JO.J~-.!.: 1I~!! IKI!'!,!!!!! I. IT!! .!!!!!T!!~cr.____..__. __ !!t52 ! .20
600. CASH AT SETTLEMENT TO/FROM SELLER:
601._ Gross~nount due to seller (linc420L_____._J.Q,! 00.00
~!~, .Less !~lIeU~!!.~!!! uml:~uesd!~' !.!!!~~.~~~l__.__. .2..1QQ,OO
lt03...D!~h IKIT!!.-U...l'olU_Scllcr_._.___._____ .___ 400.00
SUBSTITUTION FORM 1099 SELI.ER STATEMENT: The Informallon contained In Blocks E,G,H and I on line 401(or If 4011:1 asterlsked, line 403 and 404) Is
Importanllax IlIlormallon <lnd I:; bolllu flJllIlshod 10 lho Into/lldl Hovonuu Su/vlce. If you <110 ruquhod 10 1110 a rellJln, a negligence punalty or other Ilanctlon will
ue Imposod 011 you If Ihls Homls loquhed to uu ruporlud alll.llliu IHS dutOlllllllus lliulli Ii<.iS lIotuuun ruportud.
SELLER, you are required by law toproYlde the settlement agent with your correct taxpayer Identlflcallon number. If you do not provide the settlement agent
with your correct taxpayer Identification number, you may be subject to clYII or criminal penalties Imposed by law.
Under penalties of perjury, I cllrtlfy that the number shown on this statement Is my correct taxpayer Identification number.
(P~on Sep:[6, 2002@15:35) US Department of Ilousing and Urban Development OMB No. 2502.0265
L. '. SETTLEMENT CHARGES
0.,_-
700. Total Sales/Broker's Commission based on price Paid from Paid from
Borrower's Seller's
70 I. Listing Realtor Commission Funds at Funds at
702. Selling Realtor Commission Settlement Settlement
703, Commission paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee
802. Loan Discount
803, Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806, Mortl!:al!:e Insurance Application Fee
807,
808,
809.
810,
900.ITEMSREOUlREDBY LENDER TO BE PAID IN ADVANCE
90 I, Interest from
902. Mortgage Insurance Premium for
903, Hazard Insurance Premium for
904,
905,
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002, Mortl!:al!:e insurance
1003. City property taxes
1004. County property taxes
1005, Annual assessments
1006,
1007,
1008. Aggregate Accounting Adiustment
1100. TITLE CHARGES
1101. Settlement or closing fee To: STC 75.00
1102. Abstract or title search To: STC 70,00
1103. Title examination To: STC 50,00
1104. Title insurance binder
1105, Documentoreparation
1106, Attorney's Fees
1107, FL Risk Rate$100.00
(Includes above item numbers: )
1108, Title Insurance To: SOMERS TITLE COMPANY 100.00
(Includes above item numbers: )
1109. Lender's coverage@
1110. Owner's coverage 1 0, I 00.00
1111.
1112,
liB,
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
120 I, Recordinl!: fees: To: Clerk of the Court 15.00
1202. City/countv tax/stamos:
1203. State tax/stamos: Deed $70.70 Mortl!:al!:e $0.00 To: Clerk of the Court 70,70
1204, record 2 Easements To: Clerk of the Court 30.00
1205, record Partial Release of Mortl!:al!:e To: Clerk of the Court 10.50
1300. ADDITIONAL SETTLEMENT CHARGES
130 I. SUrVey
1302. Pest insoection
1303,
1304.
1305,
1400. Total Settlement Cbarl!es (enter on lines 103 Section J and 502. Section K\ I A.,. .,n I non I
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my
accou~~n this transaction. I fu er certify :~receiVeG a copy of HUD-1 Settlement ~t. /{). kd-
BORR~ {S~~~.A ~ /_ SELL ( :
"A..... ""7 'P'V '-'1~..LP
Citfbf'Clearwater, Florida Annie W. Birt
The H~~ "'JIr'~' wh'" , how"""."" t, , ""' ... ~~~ _'0' ot .t, ..,~_. I h.w "'_ "' wi' """" ... .,d, '" be .","'" " """",~ with ""
slalem
"~~ V- ....., ____ 9/30/02
"S ""IM\MPANY Date
H~ ~ 00 pro~'" he." 00 ..... ",,,he,.., AA, <e-pro""" wi' be ho..... be........ """,,", """'. AM ,"Nt, ",to (w."'. _. "',_ "'", oed
maintena fee ave been paid or will be paid upon receipt of final bills.
WARNI : Itls crime to knowingly make false statements to the United Stales on this or any other similar form. Penalties upon conviction can include a fine or Imprisonment. For
details ee: Title 18 U.S. Code Section 1001 and Section 1010.
.. .... .. . ... .. ... ... .... ... n --. - .... .... ..-
~"';'~.""""~v~<\ /'\1.!#i1.{S..<;b..."-<:.<>'::-;'-;:;",=/,\~:.~c..""'"",""""';,\~< FLOR DA MODIFIED ),'
:l:~~'~'.o?'~_.~-?...'"'''/:''' V~~';>-;''''':~.v.{:),~Y~'?:".-:,:;;v-=--;-~w.--:::~':m.,
~~-~._-
:lr.
~~.
,:'t?:
l
<>
I
~
~
<>
~
~i
1
<>
't
~1
~l
1:.
<>
~
?i
.'IA.
n
~
: ~
o
Jf
I
~
~1
~
b
~.
y
~j
~
<>
?Ie
~ri
\I~'
:)t:
"it-
:It
:.'f:
t
<>
.~
~!~
:i7,
~1~'i!.K>~
i:1 .". "';'<,;"h "-./'.., .,.' M
.".."
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY 10-17-92 (Florida ModiJjed)
POLICY NO.
IOP-9-170S-2021
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPrIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory.
IssurohY-;r:;; d~,
AMERICAN PIONEER TI.TLE INSURANCE COMPANY
By. 120 ~id~
Attest~ r!~
Secretary
Somers Title Company
1290 Court Street
Clearwater, FL 33756
(727) 441-1088
Fax (727) 449-1359
... .~~". . ..,'.
OP-9
I
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resu~ing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(bl Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defec~ lien or encumbrance
resu~ing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value w~hout knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant
(b) not known to the Company, not recorded in the publiC records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
Idl attaching or created subsequent to Date of Policy; or
lei resu~ing in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws. that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
Ib) the transaction creating the estate or interest insured.by ,this policy bejngll.!!erneda.preferentiaUransfer-BXCE!pl.where the-prefereAlial.-transfer -l"eSu~sfrom the-
failure:' - .
(i) to timely record the instrument of transfer; or
Iii) of such recordation to impart notice to a purchaser for value or a judgment or lien cred~or.
1. DEFINITION OF TERMS
CONDmONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not lim~ed to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructivu knowledge or
notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of matters
affecting the land.
(dl "land": the land described or referred to in Schedule [AI, and improvements
affixed thereto which by law constitute real properly. The term "land" does not
include any properly beyond the lines of the area described or referred to in Schedule
[A], nor any right,title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records": records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real properly
to purchasers for value and without knowledge. With respect to Section 1 (a)(iv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any
purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in wr~ing (i) in case of any litigation
as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title to the estate
or interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) ij title to the estate or interes~ as
insured, is rejected as unmarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of any insured
under this policy unless the Company shall be prejudiced by the failure and ~en
only to the ebent of 1h.il,prejudice, '
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and w~hout unreasonable delay, shall provide for the defense of an insured in
litigation in which any third parly asserts a claim adverse to the t~le or interest
as insured, but only as to those stated causes of action alleging a defect, lien
or encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (SUbject to the right of the insured
to object for reasonable cause) to represent the insured as to those stated causes
of action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured against
by this policy.
(b) The Company shall have the righ~ at its own cost, to inst~ute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest, as insured, or to prevent
or reduce loss or damage to the insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise its rights under this paragraph, ~ shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any I~igation to final determination by a court of competent jurisdiction and expressly
reserves the right. in its sole discretion, to appeal from any adverse judgment or
order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or
proceeding, and all appeals therein, and permit the Company to use, at its option,
the name of the insured for this purpose. Whenever" requested by the Company,
the insured, at the Company's expense, shall give the Company all reasonable
aid (i) in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest as insured. If the Company
is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any I~igation, with regard
to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Cond~ions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
w~hin 90 days after the insured claimant shall ascertain the facts giving rise to
the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which consliMes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage. lithe Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage,
the Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such proof of loss or damage.
,
OWNER'S POLICY
Schedule A
State: FL County: Pinellas
File Number
02080033c
Policy Number
OP-9-1708-202
Effective Date
October 1, 2002
Effective Time
3:40 PM
Amount of Policy
$10,100,00
Commitment #:
Simultaneous #:
Reinsurance #:
1. Name of Insured:
City of Clearwater, Florida, a Florida Municipal Corporation
2. The estate or interest in the land described or referred to in this Schedule A and which is encumbered by
the insured mortgage is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
Parcel #10/29/15/69048/005/0050
Parcel A (Fee Simple):
Lot 5, less the West 225 feet thereof, Block "E", PINE BROOK SUB-DIVISION UNIT 2, as
shown on Plat recorded in Plat Book 23, Page 71, of the Public Records of Pinellas
County, Florida.
Parcel B (Perpetual Easement):
The East 25 feet of the West 225 feet of Lot 5, Block E, PINE BROOK SUB-DIVISION UNIT
2, as shown on Plat recorded in Plat Book 23, Page 71, of the Public Records of Pinellas
County, Florida.
Parcel C (Temporary Easement):
The East 30 feet of the West 200 feet of Lot 5, Block E, PINE BROOK SUB-DIVISION UNIT
2, as shown on Plat recorded in Plat Book 23, Page 71, of the Public Records of Pinellas
County, Florida.
Being the same premises as conveyed in Warranty Deeds recorded in O.R. Book 5687,
Page 957, and O.R. Book 5806, Page 1371, Public Records of Pinellas County, Florida.
cou~~~~
Issued By: 1875* 02080033c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
OWNER'S POLICY
Schedule B
This policy does not insure against loss or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed
by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the
insured.
6. Any adverse ownership clain by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands and lands
accreted to such lands.
7. Taxes and assessments for the year 2002, and thereafter and/or special assessments, if any, not
recorded in the public records.
**The following items, as listed above, are hereby deleted: 1 and 4 **
8. Covenants,conditions and restrictions recorded in Deed Book 1137, Page 565, Public Records of
Pinellas County, Florida, but omitting any based on race, color, religion, sex, handicap, familial
status or national origin unless and only to the extent that the covenant, condition or restriction
(a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not
discriminate against handicapped persons.
9. The rights of the general public to use the waters of Stevensons creek for bathing, boating,
fishing, and other purposes.
10. Any adverse claim by the state of Florida by right of sovereignty to any portion of the lands
insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted
to such lands.
11. Filled land and riparian rights, rights of reliction, accretion, submerged land or any other water
rights of any nature, whatsoever, are neither guaranteed nor insured herein.
Policy #: OP-9-1708-202
2
File #: 02080033c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
.
CONDITIONS AND STIPULATIONS - CONTINUED
In addition, the insured claimant may reasonably be required to subm~ to 9. LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Policy, which reasonably pertain to the loss
or damage. Further, if requested by any authorized representative of the Company,
the insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of the insured
claimant to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy together
with any costs, attomeys' fees and expenses incurred by the insured claiman~
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
I~igation, and the policy shall be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured cla:mant who has suffered loss or damage
by reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance was removed from Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT
If the land described in Schedule [A] consists of two or more parcels which
are not used as a single s~e, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement
or by an endorsement attached to this policy.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of t~le, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
~ shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or w~h the
Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability
VOluntarily assumed by the insured in settling any claim or su~ without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subjec~ or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a payment under
this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made w~hout producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be fumished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation.
The insured claimant shall permit the Company to sue, compromise or settle in
the name of the insured claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should resu~ from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amoun~ if any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arlJitration pursuant to the Title Insurance
Arbitration Rules of the American A1bitration Association may be demanded if
agreed to by both Company and the insured. ArlJiIrabIe mailers may include,
but are not limited to, any controversy or claim beIween Company and the insured
arising out of or relating to this policy, and service of Company in connection
with its issuance or the breach of a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or. at the option of the insured, the Rules in effect at Date
CONDITIONS AND STIPULATIONS. CONTINUED
of Policy shall be binding upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction thereot
The law of the situs of the land shall apply to an arb~ration .under the nle
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICYj POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, allached hereto by the
Company is the entire policy and contract between the insured and the Company.
In interpreting any provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the t~le to the estate or interest covered hereby
or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full. force and effect
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in wr~ing
required to be fumished the Company shall include the number of this policy
and shall be addressed to the Company at 493 East Semoran Boulevard,
Casselberry, Florida 32707. Telephone: (407) 260-8050.
t-0003
- ~
--i ~ ~ :s~
()~ ~
I>>c.o --i - ~i~'
cnW r Z
~m ::::t m z i ~lli
CTe" 0 m Otfj :3. fIl~
~ (1) 3 Z 0 ~ ~e fi'~~
<<3 CD (J) (J) ~~~
~ 0 0 C "T1
'TI~ =: "'0 (j !~~
II>> n' :Xl 0 tr:l ~~
w::J CD )> (j ~ :!:t
I\) OJ z C
-...j- 0 ~~l.
0< () ()
......p- ~ ~.
m -< ~
lif
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Annie W. Birt, an unmarried woman, (herein "Seller"), of 1009 North Betty Lane, Clearwater,
Florida 33755-3303 Phone: (727 ) 446-0602, and the CITY OF CLEARWATER, FLORIDA, a Municipal
Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida
33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that
the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal
property ("Personalty") (collectively "Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTIONS: (See Exhibit "A", Pages 1 & 2 attached hereto)
(A) - Fee Simple Parcel: 3,640 sq. ft., more or less, including all improvements, landscaping
and trees thereon and therein, in "as is" condition.
(B) - Perpetual Easement Parcel: 1,875 sq. ft., more or less.
(C) -Temporary Easement Parcel: 2,250 sq. ft., more or less
PERSONALTY:
NONE
2. FULL PURCHASE PRICE:
(A) $7,200
(B) $1,900
(C) $1,000
TOTAL:
$
10,10000
3. MANNER OF PAYMENT: City of Clearwater check in U,S. funds
at time of closing ................................... ...... $
10,100.00
4. PURCHASE PRICE DETERMINATION
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. The Purchase Price is based upon appraisal performed April 24, 2002 by Kenneth Frost, MAl,
SRA, CRE, Frost Appraisal/Market Consultants, Inc.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 60 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer,
or rejection by action of the Clearwater City Commission ("Commission "), If this agreement is accepted
and approved by the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If a counter-offer is approved by the Commission, it shall be delivered
to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days
thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract
shall thereafter be null and void in all respects, If this contract is rejected by the Commission upon initial
presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be
so informed in writing within 5 days of such action.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to Parcel (A) - Fee Simple Parcel by
Statutory Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer, and
partial release provisions of Paragraph 8. At closing Seller shall also convey by sufficient recordable
instrument a perpetual easement for ingress/egress and maintenance purposes over and across Parcel
(B) - Easement Parcel subject to acceptable encumbrances as provided hereafter. Otherwise title shall
be free of liens, easements and encumbrances of record or known to Seller, but subject to property
taxes for the year of closing; covenants, restrictions and public utility easements of record; and no
others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Prior to closing the City, at City option and expense, may obtain a title insurance commitment issued by
a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in
this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a
marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to applicable Title Standards adopted by The
Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to
examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing
specifying defect(s), If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting
the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make
diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits,
8. PARTIAL RELEASE - PARCEL (A); SUBORDINATION PARCEL (B)
Pursuant to requirements of Paragraph 6 with respect to Parcel (A) - Fee Simple Parcel, purchase shall
be subject to lenders of record release of the subject parcel from the lien of mortgage by providing a
Partial Release of Lien or similar instrument in recordable form at time of closing, Purchase is
additionally subject to lenders of record subordinating their respective lien of mortgage to the Buyer's
perpetual easement interest to be acquired in Parcel (B). Buyer shall provide lenders with a copy of the
appraisal report specified in Paragraph 4, and a boundary survey obtained pursuant to Paragraph 9.
Seller shall not be obligated to pay lenders more than the total appraised valuation for Parcel (A) to
obtain the partial releases required hereby. It is anticipated all other proceeds of purchase; Le"
payment for parcels Band C, shall be paid to Seller without deduction. Buyer shall not be obligated to
pay any lender of record more than $200 for administrative costs associated with the requirements of
this paragraph,
9. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, shall
have the respective Real Property interests to be acquired hereby surveyed and certified to the Buyer,
Seller, primary lender of record and closing agent by a registered Florida land surveyor. If survey
shows any encroachment on Real Property, or that improvements located on Real Property encroach
Page 2 of 6
on setback lines, easements, lands of others, or violate any restrictions, contract covenants or
applicable governmental regulation, the same shall constitute a title defect. The survey shall be
performed to minimum technical standards of the Florida Administrative Code and may include a
description of the property under the Florida Coordinate System as defined in Chapter 117, Florida
Statutes.
10. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, within 90 days of the effective date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within
the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent
efforts to comply, then upon giving written notice to the other party, time of closing may be extended up
to 60 days without effect upon any other term, covenant or condition contained in this contract.
11. CLOSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, mechanic's lien affidavit,
mortgage estoppels letters, temporary and perpetual easement documentation and corrective
instruments.
12. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the City. Seller shall pay the costs of recording any corrective instruments.
Recordation of the deed, grant of easement and partial releases of liens shall be paid by Buyer,
13. PRORATIONS
There shall be no proration, collection or credit given Buyer, for taxes, assessments, rent (if any) or
other revenue of the Property through the day before closing. It is not anticipated that the real property
interests being acquired by Buyer will result in any significant revision of the assessed valuation of the
subject property by the Pinellas County Property Appraiser.
14. OCCUPANCY
Seller warrants that there are no parties in or entitled to occupancy other than the Seller, or as
otherwise disclosed herein
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 18 ("SELLER WARRANTIES") and
marketability of title.
Page 3 of 6
16. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed, releases of lien, easement instruments and any other recordable documentation required to
perfect title shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from th.e date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title lias is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed, The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
17. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance,
18. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Speci1:y known defects If none are known, write "NONE")
Buyer shall have 45 days to investigate said matters as disclosed by the Seller, and shall notify Seller in
writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall
elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be
deemed to have waived any objection to the disclosed matters and shall have the obligation to close on
the contract.
19. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
Page 4 of 6
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained
from your county public health unit.
20. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
21. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
22. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and, as respectively applicable, their heirs,
successors and personal representatives.
23. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs,
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision,
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
Page 5 of 6
"
27. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
28. EXHIBITS ATTACHED
ExhibitA - Preliminary sketch depicting proposed Parcel (A) - Fee Parcel, Parcel (B) - Perpetual
Easement, and Parcel (C) - Temporary Easement. Actual parcel descriptions and dimensions shall be
provided by certified survey as provided in Paragraph 9 hereof.
29. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
Approved and accepted this ti1..7t:Ldayof ~
,2002.
CITY OF CLEARWATER, FLORIDA
Countersigned:
B(;~ -~ ~
Bri n J. AU~
Mayor-Commissioner
By:
.~'ML7!
IlIiam B. Horne II
City Manager
as to for .
L--/
Attest:
J n Carassas
Assistant City Attorney
~~c'o~~rkuL
. (kv Cyn i . GoUtJeau ... ..
1) City Clerk' . -. . - - -.. . -.
- - - - - ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
O/v1/1J; / 21). ~
Annie W. Birt
Ebarrett on pwa/City Buys/Stevenson Sump (Birt) 0502.doc
Page 6 of 6
EXHIBIT "A"
(Page 1 of 2)
LEGAL DESCRIPTIONS - PARTIAL ACQUISITION
IParcels A. B & C - PINE BROOK UNIT NO.2. Block E. Lot 5.
Plat Book 23. Paae 71. Public Records of Pinellas County. Floridal
Parcel A: (Fee Simple Acquisition - 3,640 sq. ft., mol)
PINE BROOK UNIT NO.2, Block E, Lot 5 LESS the west 225 feet
Parcel B: (Perpetual Easement -1,875 sq. ft. mol)
The east 25 fee of the west 225 feet of PINE BROOK UNIT NO.2,
Block E, Lot 5
Parcel C: (Temporary Easement - 1,950 sq. ft., mol)
The east 30 feet of the west 200 feet of PINE BROOK UNIT NO.2,
Block E, Lot 5
.' J'- -~.
.. , ~
w
z
<(
-.J
>-
~
~
w
m
EXHIBIT "A"
(Page 2 of 2)
II 50 I
Scale 1 =
This is not a survey
---------
---------
---------
6
225'
200'
5
~
~
4.(')
&
f9~
-S4l
~~
<\"
3
~
~
PJ 2
~.
~.
PALMETTO STREET
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL DRAWING
LOT 5 BLOCK "E"
PINEBROOK UNIT 2
05/;;/2002 PLA T BOOK 23 PAGE 71 l~~T;~~~-;~~
1
~
DRAWN 8'1'
O.KING
CHECKEO 8'1'
E.8ARRETT
COllO,
2698
"
~II
~, I
"
II
OWG. NO.
Lg1200202.L5
SHEET
I Of" 1
OROINANC(
N/A