ESTHER C. HUNT
J
\
, This Warranty Deed
\~\
Madethis 13th day of August A.D.1999
by
Esther C. Hunt, an unremarried widow
~
88-282811 AUG-25-1888 3:01~
PINELLAS CO~8K 10637 PG 420
IIIIIIIIIIIIIIIII.IIIIIIIIIIIIIIIIIIIIIIIIIIII~__-
J
hereinafter called the grantor, to
-City of Clearwater, Florida, A Municipal
:?~orporation of the State of Florida
,_~hose post office address is:
P. O. Box 4748
Clearwater, Florida
34618-4748
1
3
$6.00
$378.00
--------
$384.00
$384.00
['",
I ,
;b' ...
;r1
~ ,,"'
\; .,
.' ~;~
'..i
"t..
e
.
<,
.~:'li
Said property is not the homestead of the Grantor(s) under the laws
and constitution of the State of Florida in that neither Grantor(s} or
any members of the household of Grantor(s} reside thereon.
0081
Parcel Identification Number: 10/29/15/61758/002/0060 & 0070 & 0080 &
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever. /
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and tha~, said land is '_
free of all encumbrances except taxes accruing subsequent to December 31, 19 9 8 '
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, sealed
~~$'~
Nan e ess, Es ther C., Hun t
407 Feather Tree Dr., Clearwater, FL
~
DALE E. SOUTHWICK
0J~~,~
Name: ./
Name & Address:
33765
1m
Name:
Name & Address:
fill
Name:
Name & Address:
u:i]
State of
County of
Florida
Pinellas
The foregoing instrUlllentwas-ac'knowledgedbefOi-e me this "1.3thIay of~~Augus-t
by
Esther C. Hunt, an unremarried widow
, 19 99
who is personally known to me or who has produced
driver's license
,
as identification.
WD-l
5/93
PREPARED BY: Dale E. Southwkk /
RECORD & RETURN TO:
CENTURY TITLE and ABSTRACT, INC.
325 BELCHER ROAD, NORTH
CLEARWATER, FLORIDA 33765
File No:36,806
~~~
Print Name:
Notary Public
My Commission Expires:
~~V PU(J OFfI L NOTAH SEAL
0" </ DALE E SOUTHWICK
~ . ~ COMMISSION NUMBER
; < eC40613~
..,~ # MY COMMISSION EXP.
~OFf\.O SEPT 251999
.
J2~O/3~,~~-
(;5)
CT&A #36,806
.
-
AL T A Owner's Policy
Revised (10-17-92)
With Florida Modifications
NO.92FOP 63219
POLICY OF TITLE INSURANCE
OWNER'S POLICY
ISSUED BY
THE GUARANTEE TITLE & TRUST COMPANY
(A Stock Company - Incorporated 1899)
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CON-
TAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, THE GUARANTEE TITLE
AND TRUST COMPANY, an Ohio 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.
CENTURY TITLE & ABSTRACT, INC.
325 Belcher Road North
Clearwater, FL 33765
THE GUARANTEE TITLE AND TRUST COMPANY
By
~esident
'111~}~
Secretary
GT&T 8-92
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 owner-
ship 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) environ.
mental 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 resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) 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 defect, lien or encumbrance resulting 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 without knowledge.
3. Defect, 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;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting 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 creating the interest of the mortgagee insured by this policy, by reason of the
operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subor.
dination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the pref-
erential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
DEFINITION OF TERMS,
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 opera-
tion of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, sur-
vivors, personal representatives, next of kin, or corpo-
rate or fiduciary successors.
(b) "insured claimant"; an insured claiming loss
or damage,
(c) "knowledge" or "known"; actual knowledge,
not constructive knowledge or notice wbich 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,
CONDITIONS AND STIPULATIONS
property to purchasers for value and without knowl, insured, and which might cause loss or damage for
edge, With respect to Section I(a)(iv) of the which the Company may be liable by virtue of this
Exclusions From Coverage, "public records" shall also policy, or (iii) if title to tbe estate or interest, as
include environmental protection liens filed in the insured, is rejected as unmarketable, If prompt notice
records of the clerk of the United States district court shall not be given to the Company, then as to the
for the district in which the land is located, insured all liability of the Company shall terminate
(g) "unmarketability of the title": an alleged or with regard to the matter or matters for which prompt
apparent matter affecting the title to the land, not notice is required; provided, however, that failure to
excluded or excepted from coverage, which would notify the Company shall in no case prejudice the
entitle a purchaser of the estate or interest described in rights of any insured under this policy unless the
Schedule A to be released from the obligation to pur' Company shall be prejudiced by the failure and then
chase by virtue of a contractual condition requiring the only to the extent of the prejudice,
delivery of marketable title, 4, DEFENSE AND PROSECUTION OF
2. CONTINUATION OF INSURANCE AFTER ACTIONS: DUTY OF INSURED
CONVEYANCE OF TITLE. CLAIMANT TO COOPERATE.
The coverage of this policy shall continue in (a) Upon written request by the insured and
force as of Date of Policy in favor of an insured only subject to the options contained in Section 6 of these
so long as the insured retains an estate or interest in the Conditions and Stipulations, the Company, at its own
land, or holds an indebtedness secured by a purchase cost and without unreasonable delay, shall provide for
(d) "land"; the land described or referred to in money mortgage given by a purchaser from the the defense of an insured in litigation in which any
Schedule [A.I, and improvements affixed thereto which insured, or only so long as the insured shall have lia- third party asserts a claim adverse to the title or interest
by law constitute real property, The term "land" does bility by reason of covenants of warranty made by the as insured, but only as to those stated causes of action
not include any property beyond the lines of the area insured in any transfer or conveyance of the estate or alleging a defect, lien or encumbrance or other matter
described or referred to in Schedule [A], nor any right, interest, This policy shall not continue in force in favor insured against by this policy, The Company shall have
title, interest, estate or easement in abutting streets, of any purchaser from the insured of eilher (i) an estate the right to select counsel of its choice (subject to the
roads, avenues, alleys, lanes, ways or waterways, but or interest in the land. or (ii) an indebtedness secured right of the insured 'to object for reasonable cause) to
nothing herein shall modify or limit the extent to which by a purchase money mortgage given to the insured. represent the insured as to those stated causes of action
a right of access to and from the land is insured by this 3. NOTICE OF CLAIM TO BE GIVEN BY and shall not be liable for and will not pay the fees of
policy, INSURED CLAIMANT, any other counsel. The Company will not pay any fees,
(e) "mortgage"; mortgage, deed of trust, trust The insured shall notify the Company promptly costs or expenses incurred by the insured in the
deed or other security instrument. in writing (i) in case of any litigation as set forth in defense of those causes of action which allege matters
(f) "ptlblic records"; records established under Section 4(a) belo~, (ii) in case knowledge shall come '-,'lot insure"ij against by this policy.
state statutes at Date of Policy for the pu,pose of " to an insured hereunder of any claim of title or interest (b) The Company shall have the right, at its
imparting constructive notice of matters relating to. which is adverse to the title to the estate or interest, as ecost, to institute and prosecute any action or pro'
(Conditions and Stipulations Continued and Concluded on Last Page of This Policy)
1.
..
-
THE GUARANTEE 'TITLE & TRUST COMPANY
SCHEDULE A
File No.
36,806
Policy No. 92FOP63219
Date of Policy August 2S, 1999 @ 03:01:00 PM
Amount $ S4, 000.00
Premium $
INSURED
City of Clearwater, Florida, A Municipal Corporation of the State of
Florida
1. Title to the estate or interest covered by this policy at the date hereof is vested in the insured.
2, The estate or interest in the land described or referred to in this Schedule covered by this policy fee simple,
3.
The land referred to in this policy is situated in the State of Florida
and is described as follows:
, County of
Pinellas
Lot 6, 7 and 8, Block B, FIRST ADDITION TO NORWOOD, according to
plat thereof recorded in Plat Book S, Page 79 of the Public
Records of Pinellas County, Florida.
ALTA Owner's Policy
GT&T/A 3-A
..
-
, ~-
THE GUARANTEE TITLE & TRUST COMPANY
OWNER'S POLICY
SCHEDULE B
File No, 36,806
Policy No. 92FOP63219
This policy does not insure against loss or damage by reason of the following:
1. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by
an inspection of said land or by making inquiry of persons in possession thereof.
2, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by public records,
3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed by law and not
shown by the public records.
4. Rights of parties in actual possession of all or any part of the premises.
5. Subject to taxes for the year 1999 and subsequent years, a lien not yet
due and payable.
6. Subject to TIIF reservations as recorded in Deed Book 979, page 484,
Public Records of Pinellas County, Florida.
7. Subject to TIIF resevations as recorded in Deed Book 1012, page 208,
Public Records of Pinellas County, Florida.
8. Subject to restrictions as recorded in Official Records Book 10345, page
1632 and Official Records Book 10404, page 1365, Public Records of
Pinellas County, Florida.
9. Subject to a sidewalk easement to the City of Clearwater, as recorded in
Official Records Book 8073, page 619, Public Records of pinellas County,
Florida.
Items 2, 3 and 4 are hereby deleted.
ALTA Owner's Policy
GT&T/A 3-B
ceeding or to do any other act which in its oPinion.
be necessary or desirable to establish the title to
estate or interest, as insured, or to prevent ot reduce of"
1= 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, it shall do so diligently,
(c) Whenever the Company shall have brought
an action or interposed a defense as required or per-
mitted by the provisions of this policy, the Company
may pursue any litigation 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
secnre to the Company the right to so prosecute or pro-
vide 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 settle,
ment, 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 litigation, with
regard to the matter or matters requiring such coopera-
tion.
5, PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required
under Section 3 of these Conditions and Stipulations
have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant
shan be furnished to the Company within 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 constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the
amount of the loss or damage, If the Company is preju,
diced 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 termi-
nate, including any liability or obi igation to defend,
prosecute, or continue any litigation, with regard to the
matter or matters requiring such proof of loss or
damage,
In addition, the insured claimant may reasonably
be required to submit to 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 repre'
sentative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized rep-
resentative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspon-
dence 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 pur-
suant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it
is necessary in the administ~ation of the claim. Failure
of the insured claimant to submit for examination
under oath, produce other reasonably requested infor-
mation or graIit permission to secure"reasonably neces-
sary 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 LIA-
BILITY.
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 pay' or tender payment of the amount of
insurance 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 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 litigation, and the
policy shall be surrendered to the Company for cancel-
lation,
(b) To Payor Otherwise Settle Wilh Parties
Other than the Insured or With the Insured
Claimant.
(i) to payor otherwise settle with other par-
ties 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,
Cpon 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, prose,
cute or continue any litigation.
7, DETERMINATION AND EXTENT OF LIA-
BILITY,
This policy is a contract of indemnity against
actual monetary loss or damage sustained or incurred
by the insured claimant 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) The Company will pay only those costs,
attorneys' fees and expenses incurred in accordance
with Section 4 of the 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 site,
and a loss is established affecting one or more of the
parcels but not all, the loss shall be computed and set-
tled 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 the
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,
9, LIMITATION OF LIABILITY,
(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 title, all as
insured, iI) a reasonably diligent manner by any
method, including litigation and the completion of any
appeals therefrom, it 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 liti-
gationby the Company or with the Company's con-
sent, 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,
(e) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
~ insured in settling any claim or suit without the
'WI' written consent of the Company,
10, REDUCTION OF INSURANCE; REDUC-
TION 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 subject, or which is hereafter exe-
cuted 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 shaH be made without pro-
ducing 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 furnished 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 prop'
erty 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 reme-
dies in the proportion which the Company's payment
bears to the whole amount of the loss,
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, but the Company, in that event, shaH be
required to pay only that part of any losses insured
against by this policy which shall exceed the amount,
if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-
insured Obligors,
The Company's right of subrogation against
non,insured obligors shaH exist and shall include,
without limitation, the rights of the insured to indemni,
ties, 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,
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association may be demanded if
agreed to by both the Company and the insured,
Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and
the insured arising out of or relating to this policy, any
service of the 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 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, Judgement
upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an
(Conditions and Stipulations Continued and Concluded on Last Page of This Policy)
.
.
CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
"~
arbitration under the Title Insurance Arbitration Rules,
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(aJ This policy together with all endorsements, if
any, attached 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 J Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status
of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to
this policy,
(cJ 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 writing required to be furnished
the Company shall include the number of this policy
and shall be addressed to the Company at its Home
Office, Claims Department, 8280 Montgomery Road,
Cincinnati, Ohio 45236,
Q~
=00
("Ie
...,~
So~
~ = :!!
~.~~
000
~;:S;
....~~
O~ ~.
~ ~
~~
~~
O\::l.
Q
~~~
~~~;!
~ ~~
:<~;i
\I'J~
~
. ..... ~...
. .
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: ESTHER C. HUNT, an unmarried woman (herein "Seller"), c/o Alan W. Goldsmith, Broker
Salesman, ReMax Realty West, Inc" 2486 State Road 580, Clearwater, Florida 34621, Phone: (727) 461-
1177 and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Buyer" or "City") of P. 0, Box 4748, Clearwater, Florida 34618-4748, ATTENTION: Michael Holmes,
Manager, Planning and Development Services Dept" Housing Division, Phone: (727) 562-4030 (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.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT,
Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national
legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be
extended until 5:00 P ,M, of the next business day,
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: Lots 6, 7 and 8, Block B, NORWOOD 1st, ADDITION, according to the map
or plat thereof as recorded in Plat Book 6, Page 79 of the Public Records of
Pinellas County, Florida
STREET ADDRESS
1005 Marshall Street, Clearwater, Florida 33755
1003 Marshall Street, Clearwater, Florida 33755
1002 Grant Street, Clearwater, Florida 33755
2. FULL PURCHASE PRiCE................... ..,........,.....................,.........,................. ......... $ 54,000,00
3.
MANNER OF PAYMENT:
City of Clearwater check in U.S.
funds at time of closing ........................................,........ $ 54,000,00
4. DETERMINATION OF PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by
City staff acting as Agent of the City. The Price is based on:
a.
[X]
Appraisal of the real property performed for the buyer by a Florida certified real estate
appraiser. The market value of the Real Property's fee simple interest was determined
to be $50,000,00 by Michael McKinley Appraisers/Planners dated 02/01/1999
b.
[X]
Additional appraisals: if necessary
c.
[ ]
Market value estimate prepared by City staff based on analysis of recent comparable
real estate transactions.
5. TIME FOR ACCEPTANCE: APPROVALS
Following execution of this contract by Buyer, the price, terms and conditions as contained herein
shall remain unchanged and be held unconditionally open for a period of forty-five (45) days following
delivery in duplicate original to Michael Holmes, Manager, Planning and Development Services Dept"
Housing Division 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 ten (10) days
thArA==aftl:'r If ~ .....nlln+or_nff.or i~ """"__r_...._,.J .......... .........-. r'___:_._:__ ~..L _'-_II L_
. .
closing; covenants, restrictions and public utility easements of record; and (other matters which title will be
subject); provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property as residential development. Seller warrants and represents that there is ingress
and egress to the Real Property sufficient for the intended use as described herein. Personalty shall, at
Buyer request, be transferred by an absolute bill of sale with warranty of title, subject only to such matters
as may be otherwise provided herein.
7, TITLE EVIDENCE
Seller shall, at Seller expense and within five (5) days prior to closing date deliver to Buyer 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 five (5) days from
receiving evidence of title to examine it. If title is found defective, Buyer shall, within three (3) days
thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will
have 1 20 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, SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,
may have Real Property surveyed and certified to the Buyer, Seller 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 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 Chapter 61 G 17-6, Florida Administrative Code and may
include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida
Statutes.
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the
designated closing agent in Pinellas County, Florida, on or before 10 days from CITY OF CLEARWATER
COMMISSION APPROVAL, 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 ten (10) days without effect upon any other term,
covenant or condition contained in this contract.
10, CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments, If Seller is a corporation, Seller shall
deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by
the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms
with the requirements of local law, Seller shall furnish closing statement,
11 . CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments.
Recordation of the deed shall be paid by Buyer.
1'" DDnD^Tlnl\l~, "'Dl:nIT~
- <,.
.
.
13. PROPERTY CONDITION
As Is With Right of Inspection: Buyer may, at Buyer expense and prior to Commission acceptance
("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the
Property Buyer deems necessary to determine suitability for Buyer's intended use, Seller shall grant
reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of
conducting the inspections provided, however, that all such persons enter the Property and conduct
the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide
utilities services as may be required for Buyer's inspections and investigations, Buyer shall not
engage in any activity that could result in a mechanics lien being filed against the Property without
Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to
expiration of the Inspection Period if the inspections and/or investigations reveal conditions which
are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such
conditions to Buyer satisfaction; or Buyer, at its option, may elect to accept a credit at closing of the
total estimated repair costs as determined by a licensed general contractor of Buyer's selection and
expense. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to
the Property resulting from the inspections and investigations and return the Property to its present
condition.
14. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity
statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or
property during the inspections and investigations described in Paragraph 16(b) resulting from Buyer's own
negligence only, or that of its employees or agents only, subject to the limits and restrictions of the
sovereign immunity statute.
15. PROCEEDS OF SALE: CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds, 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 the 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 thirty (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 five (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
"as 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.
16. 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. If a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee,
17, 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: (Specify known defects. If none are known, write "NONE")
.
.
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
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.
19. 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.
20. I 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.
21. 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 the,ir heirs, personal representatives, successors
and assigns (if assignment is permitted),
22, 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.
23, TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with
them.
24, NO BROKER
Seller is represented by Re/Max Realty West, Inc., Alan Goldsmith as Sellers Agent, 2468 State
Road 580, Clearwater, Florida 34621 and agree they have dealt with no other Brokers or finders in
connection with the transactions contemplated hereby, Seller and Buyer further agree to indemnify the
other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder
with, whom it is determined that the other party has dealt with in contravention of this agreement; except,
however, that total City obligations under this provision shall be subject to the limits and restrictions of the
Florida sovereign immunity statute, F.S, 768.28.
25. EFFECT OF PARTIAllNV AlIDITY
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
27.
COUNTERPARTS: F.IMllE COPY
.
This contract may be executed in two or more counterparts, each of which shall be deeme~ 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, SPECIAL CLAUSES
An Addendum containing special clauses that constitute agreements and covenants between: the
parties is attached to and a part of this contract. When any special clause in the Addendum is in conflict
with any provision contained elsewhere in this contract, then the special clause shall govern.
29. EXHIBITS ATTACHED
Exhibit (describe) ADDENDUM ATTACHED
and Exhibit (describe)
are attached hereto and made a part of this contract,
30, 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,
THIS IS INTENDED TO BE A lEGAllY BINDING CONTRACT. IF NOT FUllY
UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL
FOR lEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE
PRIOR TO SIGNING.
Date: ~ {~3 {qq
~dd/~~~
Se er: ESTHER C. HUNT
265-58-4987
Social Security or Tax 1.0,#
] APPROVED AND ACCEPTED this _ day of
,1999,
] APPROVED COUNTER-OFFER this_ day of
,1999,
~ IL- -~
Brian Aungst, Mayor-Commissioner
Clf CLEARWATER. FLORIO~
Michael J. Roberto, City Manager
Countersigned:
Approved as to form and
legal sufficiency:
ATTEST:
/' .........:'\
(y c If)
)', fI
n
~.----:/- ~
.
COUNTER OFFER Page 1 of 2
4: I~~/~~
Dated: Ajtft113,1999 Time:
.
EstherC. Bunt Seller
The offer to purchase the property located at
Lots 6,7 & 8, BLK B, Norwood 1st Addition
made by City of Clearwater
Dated ~,Pil U,I~ '-I1'"'-?1'iJ
to which a counter offer is submitted as follows:
1003,1005 Marshall St. and 1002 Grant St. Clearwater
Terms not acceptable:
Item #1) Street Address
Item #8) Survey
Item #9) Closing Place and Date
Item #10) Closing Documents
Item #13) Property Condition
Item #15) Proceeds of Sale: Closing Procedure
Continue to Page 2 of this counter offer.
Buyer
, is not acceptable in the following respects, with regard
Counter offer terms:
1502 Greenwood house demolished at City
Request, along with 1500 Greenwood, 1002 Grant
Street is included with this legal description.
Buyer mayor may not obtain a survey at Buyer's
Expense if so desired. No current survey exists.
Seller shall designate closing agent, (Title
Company) Century Tide company, 325 N.
Belcher Rd, Clearwater. Oosing to be on or
Within 10 calendar days of Commission Approval
Seller will provide closing statement, via Title Co.
Buyer understands property is in dilapidated
Condition and is buying for demolition purposes
And accepts all code violations termites, and other
Adverse conditions that may exist. Environmental
Inspection has already been performed by buyer's
Contractor, and buyer may further inspect at will
At any time prior to Commission Approval. AtWr
Commission approval, closing will take place as
Described in Item #9, as amended.
Seller will provide tide Insurance to satisfy terms
Of Item 15, All funds to be dispersed at closing,
Without delay.
RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept any other offer prior to buyerls
delivery of acceptance of this offer,
EXPIRATION: This counter offer shall expire unless a copy hereof with buyer's acceptance is delivered to seller
or his agent within
days from date,
.
COUNTER OFFER Page 2 of 2
tf /'l.-3 11t;
Dated: -AllrillJ,1999" Time:
-" / l.,
.
Esther C. Hunt Seller
The otTer to purchase the property located at
Lots 6,7 &8, BLK B, Norwood l"t Addition
made by City of Clearwater
Dated *pFillJ,1999 fq ('L'7ICf1
to which a counter otTer is submitted as follows:
Tenns not acceptable:
Item #24) No Broker
Item #29) Exhibits Attached
IT IS FURTHER AGREED:
SELLER REPRESENTS THAT THE
PROPERTY IS VACANT OF TENANTS
AND WILL REMAIN SO UNTIL THE
CWSING, AS LONG AS PROPERTY
CLOSES ON OR BEFORE JUNE 10,1999
1003,1005 Marshall St. and 1002 Grant St. Clearwater
Buyer
, is not acceptable in the following respects, with regard
Counter offer terms:
Seller is represented by RelMax Rwty West Inc.
Alan W Goldsmith Broker/Salesman as a~ent for
The Seller, and wiD be compensated by the seller.
Copies of demolition expenses are attached.
City is to fo~ive the demolition expenses on
1500 and 1502 Greenwood. These houses were
Demolished at City request with the
understandin~ that the expense would be forgiven
As property was redeveloped by seDer. City's
Purchase, is at City convenience and precludes
Seller redevelopment. The request for demolition
From the City, was for the Cities convenience and
There was no cOlDpensation to the seDer. In fact
Seller lost revenue from the property to
Accommodate the City.
All other terms of the otTer are acceptable and, by this reference, are made a part of this counter offer,
RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept any other otTer prior to buyer's
delivery of acceptance of this otTer.
EXPIRATION: This counter offer shaD :expire unless a copy hereof with buyer's acceptance is delivered to seller
or his agent within
/
days from date.
A.
U,S. DEPARTMENT OF HOUSING AN AN DEVELOPMENT
SETTLEMENT STATEJWeNT
B, . Y P E OF L 0 A N
I, D FHA 2. D FMHA 3. D
4. D VA 5. D CONV. INS,
CONV. UNINS,
CENTURY TITLE and ABSTRACT, INC.
325 BELCHER ROAD, NORTH
CLEARWATER, FLORIDA 33765
6. FILE NUMBER:
36 806
8. MORTGAGE INS. CASE NO,:
7, LOAN NUMBER:
C. NOTE:
This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
'(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals,
E. NAME OF SELLER:
ADDRESS OF SELLER:
Esther C, Hunt, an unremarried widow
407 Feather Tree Drive, Clearwater, Florida 33765
G. PROPERTY
LOCATION:
I. SETTLEMENT DATE:
303. CASH (IXI FROM) (D TO) BORROWER: ~
53,439.51 603, CASH (IXI TO) (0 FROM)
SELLER: ~
38,344.16
Form No,: PTS-HUDI
~
1r
Payoff(s):
Mark D. Breakstone Trust Account
OMS No 2502-0265
e
14l
e
HUD-I (3-86)
RESPA, HB 4305,2
PAGE 1
@7
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
, '
L SETTLEME
700, TOTAL SALES/BROKER'S COMMISSIO
CHARGES
%= 3,78 .
1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and . line 502, Section K)
4,689.50
I have carefUlly reviewed the HUD,I 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 account or
by me In this transaction. I further certify that I have received a copy of HUD-I Settlement Statement.
Borrowers
~~2Z:V/~ ~~
Esther C. Hunt
Sellers
Ii account of this transaction. I have caused or will cause the funds to be disbursed In accordance with this statement
Settlement Agent
Date
File No.
August 23, 1999
36,806
WARNING: It Is a crime to knowingly make false statement~ United States on this or any other similar form. Penalties UPW..vlcllon can Include a fine or Imprisonment. For details see:
Tille 18 U,S, Code Section 1001 and Section 10fO. . Form No.: PTS-HUD2
.. ~ ..i:, '
, ,
, .
.
.
CITY OF CLEARWATER
CITY CLERK DEPARTMENT
P,O. BOX 4748
CLEARWATER, FLORIDA 33758-4748
LIEN STATEMENT
I 04/15/1999 I
ESTHER C. HUNT
407 FEATHER TREE DRIVE
CLEARWATER FL 33765.2454
PROJECT NAME: DEMOLlnON
INTEREST RATE:
8.0
PROPERTY ADDRESS:
PARCEL NUMBER:
UEN RECORDING DATE:
LAST PAYMENT DATE:
1500 N. GREENWOOD AVENUE
10.29.15.61758-002-0080
12/21/1998
/ /
LIEN # MHC-167
PRINCIPAL BALANCE:
INTEREST:
RECORDING FEE:
TOTAL DUE:
1675.00
42.55
21.00
1738.55
x- - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,- - - - --
-- --.- . -- - TO INSURE PROPER CReDfT TO YOUR ACCOllNT CUT ALONG THIS UNE AND RETURN STUB WITH PAYMENT
MAKE CHECKS PAYABLE TO CfTY OF CLEARWATER
MAIL TO CITY CLERK'S ATTENTION AT THE ABOVE ADDRESS
,;
PROJECT NAME: DEMOLmON
PROPERTY ADDRESS: 1500 N. GREENWOOD AVENUE
PARCEL NUMBER: 10.29.15-61758.002.0080
LIEN # MHC.161
AMOUNT ENCLOSED: $
. -, ':l"~ ,;,,' ~..
.E....'~...
.~~:~;~ .
.~~
.,'
BTHER C. HUNT
407 FEATHER TREE DRIVE
CLEARWATER FL 33765-
r
.
.
CITY OF CLEARWATER
CITY CLERK DEPARTMENT
P.O. BOX 4748
CLEARWATER, FLORIDA 33758-4748
LIEN STATEMENT
I 04/15/1999 I
PROJECT NAME: DEMOLITION
PROPERTY ADDRESS:
PARCEL NUMBER:
LIEN RECORDING DATE:
LAST PAYMENT DATE:
INTEREST RATE: 8.0
1502 N. GREENWOOD AVENUE
10-29-15-61758-002-0081
02/12/1999
/ /
LIEN # MHC-174
PRINCIPAL BALANCE:
INTEREST:
RECORDING FEE:
TOTAL DUE:
1750.00
23.56
21.00
1794.56
x- - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -.- - - - - - --
TO INSURE PltOPER CREDIT TO YOUR .-\CCOU: -IT CllT /-lONG f}I::; LINE AND ~ETURN STUB WlTH P A YME~IT
MAKE CHECKS PAYABLE TO CITY OF CLEARWATER
MAIL TO CITY CLERK'S ATTENTION AT THE ABOVE ADDRESS
PROJECT NAME: DEMOLmON
PROPERTY ADDRESS: 1502 N. GREENWOOD AVENUE
PARCEL NUMBER: 10-29-15-61758-002-0081
LIEN # MHC-174
AMOUNT ENCLOSED: $
This "rranty Deed
Made this
by
Esther
13th
day of Augus t
A.D.19 99
C. Hunt, an unremarried widow
hereinafter called the grantor, to
City of Clearwater, Florida, A Municipal
Corporation of the State of Florida
whose post office address is: P.O. Box 4748
Clearwater, Florida
34618-4748
Grantees' SSN:
hereinafter called the grantee:
(Whenever used herein the term "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)
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 Pine 11 a s
County, Florida, viz:
Lot 6, 7 and 8, Block B, FIRST ADDITION TO NORWOOD, according to
plat thereof recorded in Plat Book 5, Page 79 of the Public
Records of Pinellas County, Florida.
SUBJECT TO Covenants, restrictions, easements of record and taxes for
the current year.
Said property is not the homestead of the Grantor(s) under the laws
and constitution of the State of Florida in that neither Grantor(s) or
any members of the household of Grantor(s) reside thereon.
0081
Parcel Identification Number: 10/29/15/61758/002/0060 & 0070 & 0080 &
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 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; and that said land is
free of all encumbrances except taxes accruing subsequent to December 31, 19 98
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, seal:dr delivered in our presence:
~~~
Name:
Ntf?~~~~
~
Name:
Name &. Address:
1m
Name:
Name & Address;
~
Name:
Name & Address;
~
State of
County of
Florida
Pinellas
The foregoing instrument was acknowledged before me this 13thlayof Augus t
by
Esther C. Hunt, an unremarried widow
, 19 99
who is personally known to me or who has produced
driver's license
as identification.
WD-l
5/93
PREPARED BY: Dale E. Southwick
RECORD & RETURN TO:
CENTURY TITLE and ABSTRACT, INC.
325 BELCHER ROAD, NORTH
CLEARWATER, FLORIDA 33765
~d~
Print Name:
Notary Public
My Commission Expires:
File N 0:36,806
""
.
.
. "e.
, . .
, ,
THE
GlJARANTEE
TITLE & TRUST
COMPANY
:ti~_.~~~
'II 'lV!;', ,,,, ". ... . ~
___'\. 4_ .,,' iU . . ,. ... '" :&"-. .
CO- 2 7 7 9 9 3 .,,.
#36,806 (DES)
CHARTERED lS99
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT FOR TITLE INSURANCE -1966
THE GUARANTEE TITLE & TRUST COMPANY
THE GUARANTEE TITLE AND TRUST COMPANY, an Ohio corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule
A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore;
all subject to provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies or title insurance and all liability
and obligations hereunder shall cease and terminate 180 DAYS after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs provided that the failure to issue such policy or
policies is not the fault of the Company.
IN WITNESS WHEREOF, THE GUARANTEE TITLE AND TRUST COMPANY, has caused this
commitment to be signed and sealed by its duly authorized officers, the commitment to become valid when
countersigned by a validating signatory as of Effective Date shO\vn in Schedule A.
Century Title & Abstract, Inc.
325 Belcher Road North
Clearwater, Florida 34625
(727) 797-9033
THE GUARANTEE TITLE AND TRUST COMPANY
By
r-r-;;esident
count~..rSig. n. .
~'~.
," .' -~
By'
Validating Signature
E. Southwick
President
By
?l1~}~
Secretary
Jl'IIIP
,~......-..;:;.;.M
THE GIRANTEE TITLE & TRUST C!tPANY
COMMITMENT
SCHEDULE A
Commitment No.
CO 277993
File No.
36,806
tt1
{,~
Effective Date:
1.
Policy or
Amount
(a)....... Owner's Policy $ 54.000.00
Proposed Insured:
City of Clearwater, Florida, A Municipal Corporation of the
State of Florida
(b)....... Loan Policy $
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple
and title to the estate or interest in said land is the effective date hereof vested in:
Esther C. Hunt, an unremarried widow
3. The land referred to in this Commitment is described as follows:
Lot 6, 7 and 8, Block B, FIRST ADDITION TO NORWOOD, according to
plat thereof recorded in Plat Book 5, Page 79 of the Public
Records of Pinellas County, Florida.
ALTA Commitment - 1966
GT&T/A 2-A
THE GIRANTEE TITLE & TRUST C!tPANY
COMMITMENT
SCHEDULE B - Section 1
CommrtmentNo. CO 277993
File No. 36,806
REQUIREMENTS
The following are the requirements to be complied with:
Item (a)
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b)
Prior to the issuance of a Loan Policy hereunder, a copy of the Notice to Purchaser - Mortgagor Form,
as required by the Insurance Commissioner of the State of Florida, must be properly executed and
returned to the office issuing this Commitment (if applicable).
! ~rts ft:;;b~;"ting the e'tate or ""ere,' '0 be msured or",t be executed and duly filed
Warranty Deed to be executed from Esther C. Hunt, an unremarried
widow in favor of City of Clearwater, Florida, A Municipal
Corporation of the State of Florida, conveying subject property as
set f~h in this c~itm.~nt.
f, 2-3.ct ~/
a s action of ~at certain mortgage executed by Proben Hunt and
", Ester C. Hunt, Husband and wife in favor of James C. Jackson and
Bonnie Nell Jackson, Husband and wife, in the amount of $49,900.00,
dated April 9, 1990, filed April 9, 1990, in O.R. Book 7245, page
1530, Public Records of Pinellas County, Florida.
ItemS-c)
(. /
i 1,.
/
/_.""--"~"
Note: parcel no: 10/29/15/61758/002/0060
1998 real estate taxes due - $386.08
gross tax amount - $332.63 Lot 6
parcel no: 10/29/15/61758/002/0070
1998 real estate taxes due - $316.22
gross tax amount -$271.12 Lot 7
parcel no: 10/29/15/61758/002/0080
1998 real estate taxes due - $259.31
gross tax amount -$221.00 Lot 8
parcel no: 10/29/15/61758/002/0081
1998 real estate taxes due -$117.01
gross tax amount -$95.69 Lot 8
See Attached Schedule B-1 Addl Requirements
ALTA Commitment - 1966
GT&T/A 2-B1
THE G!RANTEE TITLE & TRUST C'MPANY
File No: 36,806
CONTINUATION OF S("h~n"'''' 'R - , r.ddl Requirements
Commitment Number: CO
277993
GT&TjA 37
CqJ.d d~~ l~ B-1 Addl ~ements
~ r. J'3 -o,Cj
atisfactory eviden to be provided to the Insuror that the following
liens will be released by the City of Clearwater:
Certificate of Indebtedness as recorded in Official Records Book
10345, page 1632, Public Records of Pinellas County, Florida.
Certificate of Indebtedness as recorded in Official Records Book
10404, page 1365, Public Records of Pinellas County, Florida.
. .
THE GUARANTEE TITLE & TRUST COMPANY
COMMITMENT
SCHEDULE B - Section 2
Commitment No.
CO 277993
File No.
36,806
EXCEPTIONS
The Policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfactio~o: the CO!Jlpany:
(,.) !JIJik::., &dlJ",i.~ a~ m othee matte", if any, created, lllit appea<ing in the pnhlic moed,
~:/. or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
~. ::::~ :;;;~:~e inteecs' oe mort~~/geeon coveeed by thi, Comnribnenl.
~.) n~1li:( ~l~t t~ iCh 11!flror labor, materials, services, fuel or machinery heretofore or hereafter
~hed and not shown by the public records.
(b) Anyencroachm. ents, easeme.nt.s, par~y walls 'r other facts which are not shown by the public records but which
would)1 :isl}p\ed ~ an accurate surve 0 y an inspection of the land.
(c) ~~s whict ;:;R~ shown y the public records but which could be ascertained by an inspection
ofe ~n~ I O[ ~by making inquiry f) ~sons in possession thereof.
~y~,~~2;~s;q~em~:&:. nor. s thereof, which are not shown by the public records.
/) () l~~/ 2--3- qq
1Yre1f ~ny special taxes (or . ments not certified to the county auditor as of the date hereof.
/ The lien of all general taxes for the year
1999 and all subsequent years.
3.
4. Subject to TIIF reservations as recorded in Deed Book 979, page 484,
Public Records of Pinellas County, Florida.
5. Subject to TIIF resevations as recorded in Deed Book 1012, page 208,
Public Records of Pinellas County, Florida.
ALTA Commitment - 1966
GT&T2-B2
.
.
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose
such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this
Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred
pursuant to Paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for actual
loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and
Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
NOTE: The language contained in the printed Exclusions from Coverage and Conditions and Stipulations of the
policy committed for may be examined by reference to forms on file in the office of the Department of Insurance
or by inquiry at the office which issued this Commitment.
.
.
TAX PRORATION
FI LE #: 3 6 , 806
PROPERTY: 1005<< 1003 Marshall Street, << 1002 Grant St., Clearwater,
Florida 33755
DATE: August 5, 1999
It is understood between the parties hereto that the exact amount of real
property taxes applicable to the subject property for the current year is unknown. The
tax proration herein was therefore based upon estimated taxes in the amount of
$ 883.62
Should actual taxes for the current year vary from estimated taxes, each party
shall have the right to demand and receive from the other a re-proration of taxes and
reimbursement for the prorated amount of variation thereof. Each party consents to
such proration and agrees to look to the other party should a re-proration become
necessary, and to save and hold harmless as to such proration the mortgagee,
realtors and closing attorney and/or agent.
~~,~~
ther . Hunt Seller
Seller
~.. C--~ ~
Cify of Clearwater, Florid8qc~sHunicipal
Corporation
Purchaser
TAX RE-PRORATION WORKSHEET
Actual bill paid = $
....... 365 = $
daily tax rate
number of days prorated
actual tax proration.
$
daily tax rate x 216
per closing statement = $
Actual tax proration
LESS: Estimated tax proration
Difference, actual vs. estimated taxes
$ fib? ';'i~
$~ 1:r1
$
If difference is a positive number, Seller owes Buyer the difference.
If difference is a negative number, Buyer owes Seller the difference.
Form No.: PTS-CNTYTAX
.
.
ACKNOWLEDGMENT AND RECEIPT OF SETTLEMENT STATEMENT
Lender:
August 5, 1999
Purchaser/Borrower: City of Clearwater, Florida, A Municipal Corporation of the State of Florida
Seller: Esther C. Hunt, an unremarried widow
Property Address: 1005 & 1003 Marshall Street, & 1002 Grant St., Clearwater, Florida 33755
Purchaser and Seller acknowledge that each has received, reviewed and approved the entries appearing on the
Settlement Statement, and each acknowledge receipt of a copy of same. Purchaser further acknowledges receipt and
disbursement on his behalf of the loan proceeds in full. Seller acknowledges receipt and payment in full of the proceeds due
Seller from the settlement.
If the proration of taxes and assessments was made based on estimated amounts prior to receipt of current actual
bills, Purchaser and Seller agree to adjust the prorations shown on the Settlement Statement between themselves when current
actual bills are received. The payment of all outstanding taxes and assessements not paid at settlement will be paid
thereafter by the appropriate party. Seller shall pay any reassessments of prior years' taxes.
Parties agree that no liability is assumed by Settlement Agent for the accuracy of information furnished by others
as shown on the HUD-1 Settlement Statement. Settlement Agency hereby expressly reserves the right to deposit any amounts
collected for disbursements in an interest bearing account in a Federally insured institution and to credit any interest so
earned to its own account as additional compensation for its services in this transaction.
Purchaser and Seller agree that in the event any creditor receiving a payoff as set forth in the Settlement
Statement refuses to accept the amount tendered, the party who is obligated to make such payoffs shall immediately after
demand pay to the settlement agent sufficient additional funds to satisfy the creditor.
Purchaser and Seller agree that should any inadvertent errors or omissions later be discovered in any documents
executed at settlement, they shall promptly execute such corrective documents and remit such sums as may be required to
adjust or correct such errors or ommissions.
The Purchaser acknowledges that the Lender's title insurance policy does not protect Purchaser, and that Purchaser
is hereby purchasing owner's coverage or declining coverage at his own risk.
J!j;/d.<-4 ~~
er C. Hunt
City of Clearwater, Florida
B~~C -:>
Jo . Carassas, Asst. City Attorney
Century Title and Abstract, Inc.
BY:
Settlement Agent
Dale E. Southwick, Vice President
WARNING: It is a crime to knowingly make false statements to the United States on this or any other
similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section
1001 and Section 1010.
.. __._r_'
, C;~TlF/E;-~;~- C/T; OF ARWA TER
CENTURY TITLE & ABSTRACT, INC.
GUARANTEE TITLE & TRUST CO.
-Cf.
100'P 99.75'M
FIR~50'P-50.61.M FIR
(f)
lLJ
(f)
::>
2 ~
~8
0..-
.-
...-------'7""""
_J C) FI
...In.
<
IlX)
(f)VJ
3 Ct:
<m
:l!Q.
.....
o
!J'l
o
~
-0
~
--I -!O~- TWP. 295
RGE. ! 5E
MARSHALL STREET
40' R.O.W, -21' BIC TO 87c--
---,-- ~:T-'
50.00 P SN&O
50.00 P
I I
I NOTE: INTERIOR IMP~VEMENTS
I WERE NOT LOCATED ER THIS SURVEY
I I
6 I 7 I 8 ~
I I d
I , Q~
10 10 0
1!J'l I~ l.O
~
1& I~ w
::> fD
" z
I I D
w l-
I I >
i"1 ~u
I I 0.........
@ 1t1 DlfD
I I 0-
I I 3:: .~
zO
IJJ I"'l
I I IJJ
IX
I I Cl
l.EGENl):
RRd:C .. rOUND IRON ROO .. CAP
S'RItC ... SET'RON f<<)() If CAP
SNItO .. SET NAIL .. Dls/(
F'NJd) .., rouND NAil. If D'S/(
CONC ... CONCRETE'
R .. RE.'C0I-7D
Ai ... ME ASUffED
Ct.r .. CHAIN LINt( FENCE
EASM .. EASEMENT
THIS LOT LIES ENTIREL'( WI THIN
FLOOD ZONE X ACCORDING TO
flOOD INSURANCE RATE MAP NO.
125096 00080; DATED 8/19/1991
_!=ITY OF CLEARWATER, FL.
-<t
GRANT STREET
32.3' R.O.W
26' Blc TO BIC
ROW - RlCHT or WAY
SEC - SEC nON
TltP - rottNSHIP
RGE .. RANGE
STY - STORY
BLOC or BUILDING
unt.. - unUTY
SF - SOUAffE FEET
AC .. ACRf:
.
~
'0
n
II
lI: ~
.. <{
~ U
(/)
o
:It
NOTE: THIS SURVEY IS CERTIflED TO THE PAA nES AS US TED ANI)
IS NOT TRANSF"ERABlE. SHOULD CHANGES TO OR ON THE PROPERTY
OCCUR. EITHER PHYSICAl OR AS RECORDED. THIS SURVEY IS INVAllD,
BASIS OF BEARINGS
NQJiT.tiJlNE_OLJ..UI.J_at.2__
MARSHALL TOWNHOUSES PER PLAT
Note: Copies 01 this Survey not
valid unless embossed with
!Iigning Surveyor's !Ieol.
A SURVEY OF LOT 6. 7 &8, BLOCK 8, FIRST ADDITION TO NORWOOD
AS RECORDED IN PLAT BOOK 5 ,PAGE 79
COUNTY, FLORIDA.
I do .further certify that the survey represented hereon
472.027:, Chapter 61 G17 - 6, Florida Administrative Code.
DA TE OF SURVEY~
8/27/1999
DRAWN BY: RLH
, OF THE PUBLIC RECORDS OF PINELLAS
meetDth , iremen.~ tsof lb. e
~J)-- -
- ----~- _." -
Ronald L Hu
P.L.S. No. ~y
o Statutes
E~gineering & S'lh'rveyi,1'l-g, I-n"c.
__.____.......................................-..R8..__..........
.
SURVEYORS
..
LAND PLANNERS .
f:c! f.f. CLEVELAND STREET, CLEAJ'Uf"A TER, FIJORIDA 34626
PH. (8'3) 447- '763 OR ..r46-4364
BOUNDARY SURVEY