EDWIN L. LEE
pre,paz:eq By: Mary Jane Collins1
Sunbelt Title Agency,
2635 McCormick Drive, Suite 101 Clearwater, FL 33759
incidental to the issuance of a title insurance policy,
File No,: 512*99-2o.49-MJ
Parcel ID # 10 /~\9 / 15 / 69138/006/0150
99-218420 'JL y- 1-1999 S' 51
P INELLRS CO 8K 10575 PG ' le1
1/1111111111111/1111111/11111111111111111111111111
Grantee(s) SS #
Edwin L. Lee, a single person
WARRANTY DEED
(INDIVIDUAL) 9C57452& PAD 07-01-1999
01 DED-THE CITY Of CW
June 29, 1999 RECORDING 1
DOC STAtlP - DR219 3
17:26:3&
$&.00
$735.00
Thi s WARRANTY DEED I dated
by
TOTAL:
CHECK ~T.TENDERED:
CHANGE :
$741.00
$741.00
$.00
whose post office address is
hereinafter called the GRANTOR, to
The City of Clearwater, a Municipal Corporation
whose post office address is
P. O. Box 4748, Clearwater, FL 33758-4748
ATTN: City Clerk
hereinafter called the GRANTEE:
(Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)
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 P inellas County, Florida, viz:
Lots 15 & 16, BLOCK 6, PINE CREST, according to the plat thereof as
recorded in Plat Book 1, page 66, Public Records of Pinellas County,
Florida, less and except the East 7 feet of said Lot 16; together with
that portion of the South 1/2 of the vacated alley adjoing the North
bou~dary of ,sa:i,.d land and lying between the East boundary and the West
boundary lines of said land extended North to the center of said alley.
LJc-..;:-n:;r:t:::'"j T~_x r'c, S 7"bc;..LO
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Kuleoo F Do C!::J;cr, C/O . , r-ioo:h~ COU:1:Y
? Oop~y 'cut(
By
SUBJECT TO covenants,
~ditions, restrictions, reservations, limitations, easements and agreements of record, if any;
year -1222- and subsequent years; and to all applicable zoning ordinances and/or restrictions and
taxes and assessments for the
prohibitions imposed by governmental authorities, if any,
TOC3ETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD I the same in fee simple forever,
AND THE C3RANTOR 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 THE PRESENCE OF THE FOLLOWING WITNESSES:
rc:.;:;:> ./' /...,?
C--c?Z-t-&~ ~"~~?
Edwin L. Lee
PAGES I
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F'EES
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Print Name: m /T. /f #' e &///~~
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P~ma"-----~CK ~&A (~+A-~ _ _______ ____
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I am a notary public of the state of
Florida
, and ~y commission expires:
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- CI< 6At. -1
CHG AMT ,=~
State of Florida
County of Pinellas
THE FOdRE~ING INSTRUMENT wa~~~~~1. before me on June 29, 1999
E Wl.n L. Lee, ~-~~~~~~~person
,~ ~..;,,,\\S510N ,,:..'! ~ ~ da'
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who is personally known,:to 1\'1"'- ,*,-l\w!id':b"~"ro~ced . /. '4L:1 ~/D.S
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=*: ;., ..... '" :*:. (type of identification)
%~ \ #CC498496 ;~~
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~1111%lIC. ST~~",""-.:
by
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Signature:
identification and who take an oath,
(di~
Notary Seal
Print Name:
Notary Public
- I
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ISSUED By
COMMONWEALTH LAND TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
Commonwealth
POLICY NUMBER
A LANDAMERICA CO~lPANY
A02-If3ll1S
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULA TIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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:
I, 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, allorneys' 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary
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By:
?reM- {/. ~dOO'
Attest: / / /1/ /J . /. ~
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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:
I. (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 improve-
ment 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 affect of any violation of these laws, ordinances or governmental regula-
tions, 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, 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;
(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 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
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential 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.
ALTA Owner's Policy (10-17-92) Face Page
with Florida Modifications
Form 1190-21
Valid Only If Schedules A and B and Cover Are Attached
ORIGINAL
CONDITIONS AND STIPULATIONS
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, 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 exerr.ise 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 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 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'
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized
prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is
opinion maybe necessary or desirable to establish the title to the estate or obligated to pay,
interest, as insured, or to prevent or reduce loss or damage to the insured, Upon the exercise by the Company of either of the options provided for
The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments
concede liability or waive any provision of this policy, If the Company required to be made, shall terminate, including any liability or obligation to
shall exercise its rights under this paragraph, it shall do so diligently, defend, prosecute or continue any litigation,
cLtions and Stipulatioos Continued Inside Cover J
B 1190-2 ~ .
1. 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 operation of law
as distinguished from purchase including, but not limited 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 constructive
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,
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property 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,
(I) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge, With
respect to Section lea) (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, of 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 writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in Cilse 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) if title to the estate or interest, 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 then only to the extent of the prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(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 without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title 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,
(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 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 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 litigation, 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
Conditions 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 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 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,
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 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 ciaimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement 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,
...
o
I
Commonwealth
I
A LANDAMEfIlCA COMPANY
SCHEDULE A
Policy Number: A02-437715
File Number: 313876
Date of Policy: July 1, 1999 at 6:51 P.M.
Amount of Insurance: $105,000.00
Customer Reference:
1. Name of Insured
THE CITY OF CLEARWATER, A MUNICIPAL CORPORATION
2. The estate or interest in the land described herein and which is covered by this
Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
THE CITY OF CLEARWATER, a municipal corporation by virtue of Warranty Deed recorded in
Official Records Book 10575, Page 191, of the Public Records of Pinellas County, Florida.
4. The land referred to in this policy is described as follows:
Lots 15 and 16, Block 6, PINE CREST, according to the plat thereof as recorded in Plat Book
1, page 66, Public Records of Pinellas County, Florida, less and except the East 7 feet of
said Lot 16; and together with that portion of the South 112 of the vacated alley adjoining
the North boundary of said land and lying between the East boundary and the West
boundary lines of said land extended North to the center of said alley.
SUNBELT TITLE AGENCY
2635 McCormick Drive
Suite 101
Clearwater, Florida 33759-
Phone: (727)712-3444x Fax: (727)712-3443x
Countersigned: qj"nrv~ct\..u:Q~
Authorized Officer or Agent
ALTA Owner's Policy 1992
This Policy is invalid unless the cover
sheet and Schedule B are attached
'"
'.
"
Schedule B
I
"I I
FI e No.: 313876
Policy No.: A02-437715
Customer Reference:
SCHEDULE B
This policy does not insure against loss or damage by reason of the following exceptions:
1. Any claim that any part of said land is owned by the State of Florida by right of
sovereignty, and riparian rights, if any.
2. Taxes for the year 1999 and taxes or special assessments which are not shown as existing
liens by the public records or which may be levied or assessed subsequent to the date
hereof.
3. Easement(s) as set forth in instrument(s) recorded in Official Records Book 9352, Page
294.
4. Reservation of easement(s) in favor of FLORIDA POWER CORPORATION set forth in
instrument(s) recorded in Official Records Book 5165, Page 175.
5. Reservation of easement(s) in favor of FLORIDA POWER CORPORATION set forth in
instrument(s) recorded in Official Records Book 5165, Page 547.
6. Reservation of easement(s) in favor of FLORIDA POWER CORPORATION set forth in
instrument(s) recorded in Official Records Book 5173, Page 667.
NOTE: All recording references herein shall refer to the Public Records of Pinellas County, Florida,
unless otherwise noted.
END OF SCHEDULE B
ALTA Owner's Policy 1992
~~I
I
I
Pr_r,ecl 8~, Mary Jane Collins
Sunbelt Title Agency
99-c18420 .JLY- 1-1999 S'Sltn
p INELLFlS CO 81C I0!57!5 FOG ' 191
,.......11.
I
:Z6)~ McCc.~1Il1ck Drive. BuUe 101 C1earwate-r. YL 3)159
incidental to the 1.lu_nee of . title inlurance policy.
File No" 512*99-2Cl.49-MJ
Parcel ID . 10/29/15/69138/006/0150
l
Grante-e Ie) 55 .
WARRANTY DEED
(INDIVIDUAL) 9CS7452ft PAD 07-01-1'ffl
01 0-111: CITY ~ ClI
June 29, 1999 IIEClIlIIIIi 1
JOC STAIIl - DR219 3
17:2{,:36
1&.00
S735. 00
sm. 00
sm. 00
s.oo
This WARRANTY DEED, d.ted
by
Edwin L. Lee, a single person
TOTIl.:
0ECl MT. TDlDEREJ:
ClAI6E:
whose poat of f ice addre.. ), a
herunafter called the GRAN:"OR. to
The City of Clearwater, a Municipal Corporation
who.. poet of tic. addre.. 1.
P. O. Box 4748, Clearwater, FL 33758-4748
ATTN: City Clerk
herrinatter called the GRM"'rEE:
(Wherever uaed here-in the terms '"GRANTOR" and "GRANTEE- include all t.he parties to this instrument and the
helr.. leg.l representati....e-. and ...1gns of lndi.vlduals. a.nd the successors and asslgns ot corporations.)
WITNESSETH: That the GRANTOR. for and 1n conslderatlon ot the sum of S10.00 and other valuable consideratlons. re--ce-ipt
vhere-o! 1. he-t.by acltnowledge-d. hen'by grant-.. bargains. sells. aliens. remi6~S. relea8~B. convey. ..nd confirms unto the
CRANrEE. all that ce-na1n land utuate 10 Pinellas Cou.r.t}... FIend.!. viz:
Lots 15 & 16, BLOCK 6, PINE CREST, according to the plat thereof as
recorded in Plat Book 1, page 66, Public Records of Pine11as County,
Florida, less and except the East 7 feet of said Lot 16; together with
that portion of the South 1/2 of the vacated alley adjoing the North
boundary of said land and lying between the East boundary and the West
boundary lines of said land extended North to the center of said alley.
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CQI:.JOt 0kR
SUBJECT TO cov~nants. cjmdltlons. restr1C:'10l":.Ji. IPFe-'-,,"dtl0nt~. 1lmitatlons. e-as~nt. and "'9teement8 ot rpcord. if any;
taxe. and aa.e-.a~nt. for thp ypar ~ and eu.t-sPq".Jer.t ye.r-a; and to all applicable zoni.ng ordj'..lnc~s t1nd/or re-8tr1ct10n. and
prohibations l~sed by govprnrnrntal authOflt1e-S. It an}..
TOGETHER w!th _11 the teneme-nts. hprpdHa""P:-.:& and appu.upr.anCPJi theon.to belongang or In a.nyvl&,. ap~rtdlnlng.
TO HAVE AND TO HOLD. '",...~ '" ,.. .,,,,,,:. lor.".,
AN'D THE GRANTOR h~t~b". cov..nants wlth F.nd GJiAHTEE thltt PJc:"'pt afl abe...," ncred. the GRANTOR 18 lawtully seazr-d ot 8.ud
land 1n ree &lfl1:'le; that the- GFo.A.NTOF. r"ul good rJ';J!ot an.j lawful au:t":olltr :c 6f"11 aOlj COn\'py B.ud l..nd; Ih,n th~ GRANTOR h..reb.,.
tully warrante thi!' t1tIf" to s"ld Jetnd and ....11: .je~..~:J tt.f" .."'II!' a9dlr.5t :.h~ :awrul clduTls of all p~r"on. WhOITl80p.vrr.
IN WITNESS WHEREOF. GRAt.--;oJo ....as algn....j etnd ae-al~c:S thpu- prf"sents the' 1111t~ flf"t fonh above.
SIGHED IN THE ....ESElICE OF THE roLLOWING WInlESSES,
- ~/
... - ~
Edwin L.
~sr:; i
.Il:r;r
rlFr: /-.-
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DR;>'~~S--:'~
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Lee
Slgnatur.:
Pr1nt Na~:
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Signature:
Pr1nt Narn.:
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State of Florida
County of Pinellas
10' 1J/,N~" ,
. C'< b': . d-- ~ I-
CHG AM'r
: am . notary publ1c ot lh. at.t. or
F:or1~
. And"'Y comn'..lon p.llplrf"lI:
-:l{[ fOREOOJNO INSTRUM'~T w,n "Cl\Mtf~d ~tor. ~ on
\." "'-
Edwin L. Le..~4~.MD _~person
.,,:~ ~~~:,;.~':"~,;::?f " ~' tff '
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"'ho 18 p.r.oh.lh Itnown3o fS o..)l"hJ'''''j..I~t''.d /' f<~!../l~":1 ("'/~.,/.. ItI.ntltlclltlon .nd who ,..lit.. An o.th
j*! ~ ... s'~ it ltype of Idpf1tllH:..t1on) ld~
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, ' . CONDITIONS AND STIPULATIONS ., 0_ r
7. DETERMINATION AND EXTENT OF L1~IIL1TY. (Continued) I "
, " '" .. The Company shall I subrogated to and be entitled to all rIghts and
ThIs pohcy IS a contract of mdemnIty agamst actual monetary loss or remedies which the insured claimant would have had against any person
damage sustamed or mcurred by the Insured claImant who has suffered or property in respect 10 the claim had this policy not been issued, If
loss or damage by reason of matters insured against by this policy and requested by the Company, the insured claimant shall transfer to the
only to the extent herem descrIbed, Company all rights and remedies against any person or property neces-
(a) The liability ofthe Company under this policy shall not exceed the sary in order to perfect ,this right of subrogation, The insured claimant
least of: shall permit the Company to sue, compromise or settle in the name of the
(i) the Amount of Insurance stated in Schedule A; or, insured claimant and to use the name of the insured claimant in any
(ii) the difference between the value of the insured estate or transaction or litigation involving these rights or remedies,
interest as insured and the value of the insured estate or interest subject ,If a payment on account of a claim does not fully cover the I?ss of the
to the defect, lien or encumbrance insured against by this policy, msured claImant, the Company shall be subrogated to these nghts and
(b) The Company will pay only those costs, attorneys' fees and remedies in the proportion which the Company's payment bears to the
expenses incurred in accordance with Section 4 of these Conditions and whole amount of the loss,
Stipulations, 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,
shall 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 impairment 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
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy,
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 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,
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, in 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 litigation by the Company
or with 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
suit without the prior written consent of the Company,
10. REDl-'CTION 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 subject, 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 without 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 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.
ALTA Owner's Policy (10-17-92) Cover Page
with Florida Modifications
Form 1190-22
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,
Judgment 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 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.
(a) 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) 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,
(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 writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to COMMONWEALTH LAND TITLE INSURANCE
COMPANY, 101 Gateway Centre Parkway, Gateway One, Richmond, Virginia
23235-5153,
Inquires regarding policy l'uvcragc and assistance in resolving complaints,
should be direrled to the Company at (407) 425-6121. Claims must be
reported in accordance with Conditious and Stipulations.
Valid Only If Face Page, Schedules A and B Are Attached
ORIGINAL
,(Printed {In JUN 28 1999 @ 9:29) US Department of Housing and Urban Developmen, OMB No, 2502-0265 (Exp. 12-31-89)
A. I SETTLEMENT STATEMENT I
B. Type of Loan
1.0 FHA 2. 0 FmHA 3.0 Conv. Unins. 6. File Number 7. Loan Number 8. Mortgage Ins. Case #
4.0 VA 5. OConv. Ins. 512*99-2049-MJ
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 'POC' were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME AND ADDRESS .OFBORROWER E. NAME AND ADDRESS OF SELLER TIN:
City of Clearwater Edwin L. Lee
, ,
F. NAME AND ADDRESS OF LENDER G. PROPERTY LOCATION
1012 Seminole Street
Clearwater, FL 33755
, Pinellas
H. SETTLEMENT AGENT / PLACE OF SETTLEMENT I. SETTLEMENT DATE I DISBURSEMENT DATE
Sun belt Title Agency
2635 McCormick Drive, Suite 101 06/29/1999 06/29/1999
Clearwater, FL 33759
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract sales price 105,000.00 401. Contract sales price 105,000.00
102. Personal property 402. Personal property
103. Settlement charges to borrower (line 1400) 6.00 403.
104. 404.
105. 405.
Adjustments for items paid by Seller in advance: Adjustments for items paid by Seller in advance:
106. City/town taxes 406. City/town taxes
107. County taxes 407. County taxes
108. Assessments 408. Assessments
109. 409.
110. 410.
111. 411.
112. 412.
120. Gross Amount Due from Borrower 105,006.00 420. Gross Amount Due to Seller 105,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE 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) 2,006.32
203. Existing loan(s) taken subject to 503, Existing loan(s) taken subject to
204. 504, Payoff of first mortgage loan 28,417.06
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by Seller: Adjustments for items unpaid by Seller:
210. City/town taxes 510. City/town taxes
211. County taxes 511, County taxes
212. Assessments , .' 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219, 519.
220. Total Paid By/For Borrower 520. Total reduction in amount due Seller 30,423.38
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from Borrower (line 120) 105,006.00 601. Gross amount due to Seller (line 420) 105,000.00
302. Less amounts paid bylfor Borrower (line 220) 602, Less reductions in amount due Seller (line 520) 30,423.38
303. CASH (OOfrom) (Dto) Borrower: 105,006.00 603. CASH (00 to) ( 0 from) Seller: 74,576.62
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401 (or if line 401 is asterisked, line 403 and 404) is
important tax information and is being furnished to the Internal Revenue Service, If you are required to file a return, a negligence penalty or other sanction will be
imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER, you are required by law to provide Sunbelt Title Agency with your correct taxpayer identification number. If you do not provide
Sunbelt Title Agency with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law,
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
Seller's signature~ ,~~.
L.
SETTLEMENT CHARGES
700. TOTAL SALES/BROKER'S COMMISSION ased on price $105,000.00 @ .0000%
Division of Commission (line 700) as follows:
701.
702.
703. Commission paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
.00
(Printed on JUN 28 1999 @ 9:29)
PAID FROM PAID FROM
BORROWER'S SELLER'S
FUNDS AT FUNDS AT
SETTLEMENT SETTLEMENT
.
801. Loan Origination Fee
802. Loan Discount Fee
803. Appraisal Fee
804. Credit Report Fee
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
808.
809.
810.
81l.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904.
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments
1006.
1007.
1008.
1100. TITLE CHARGES
1101. Settlement or closing fee
1102. Abstract or title search fee To Commonwealth Land Title
1103. Title examination fee
1104. Title insurance binder fee
1105. Document preparation fee
1106. Notary fees
1107. Attorney's fees
(includes above item numbers:
1108. Title Insurance fees To Sunbelt Title Agency
(includes above item numbers:
1109.. Lender's coverage
1110. Owner's coverage $105,000.00600.00
1111. To Sunbelt Title Agency
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
To Clerk of the Circuit Court
To Clerk of the Circuit Court
To Clerk of the Circuit Court
To Clerk of the Circuit Court
To Clerk of the Circuit Court
35.00
600.00
1201. Recording fees: Deed$6.00 Mortgage$ Releases$
1202. City/county tax/stamps: Deed$ Mortgage$.OO
1203. State tax/stamps: Deed$735,OO Mortgage$
1 204. Record Affidavit
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection
1303. Assessment Search
1304. Escrow for 1999 RE Taxes
1305.
6.00
735.00
6.00
To City of Clearwater
To Pinellas County Tax Collector
5.00
625.32
\
"~o. Total Settlement Charges (enter on lines 1 03, Section J and 502, Section K) 6 . 00 2 I 006 . 32
I have c~refully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts
and disburs~ents made on my account or by me in this transaction. I further certify that I have received a copy of HUD-l Settlement Statement.
Borrowerlll: ,p?/// //7 _ SJs;7 ~A-ff
it yo earw~ ~
Sellerlsl: .
~/. ^-'-v-- ~ ~ p
Edwi~ ~ "
The HUD-l Settlement ':5t~tement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be
disbursed in accordance with 'illitatement.
r
It If Ie Agency
NOTE: Taxes hav prorated based on taxes for the year. Any re-proration will be handled between the buyer and seller. All utility bills
(water, sewer, electric, cable and maintenance fees) have been paid or will be paid upon receipt of final bills,
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 or imprisonment. For details see: Title 18 U,S. Code Section 1001 and Section 1010.
,-~" '\
\115
OVE~BECK & ELLIgTT, INC.
PROFESSIONAL SURVEYORS
3089 Roosevelt Blvd" Clearwater, Florida 33760
Phone (727) 524-9666 FAX (727) 524-9328
Certificate of Authorization L.B. # 6913
CERllFIED TO: THE CITY OF CLEARWATER. EDWIN L. LEE, COMMONWEALTH LAND TITLE
INSURANCE COMPANY. SUNBELT llTLE AGENCY
JOB No, 99079
SEC. 10, TWP. 29 S" RGE. 15 E.
PINELLAS COUNTY, FLORIDA
LEGAL DESCRIPTION:
Lots 15 and 16, Block 6, PINE CREST, according to the plat thereof as recorded in
Plat Book 1, Page 66, Public Records of Pinellas County, Florida. less and except
the East 7 feet of said Lot 16; and together with that portion of the South 1/2
of the vacated alley adjoining the North boundary of said land and lying between
the East boundary and the West boundary line of said land extended North to
the center of said alley.
N
SCALE:
1" = 30'
5/8"
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FLORIDA POWER CORP.
EASEMENT (N, 6.00' OF
THE E. 7.00' OF LOT 16)
PER O,R. BOOK 5165. PG.
176, O.R. BOOK 5165, PG.
547 AND O.R. BOOK 5173.
PG. 667)
10.4'
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BLOCK 6
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EAST 7,00' OF
LOT 16 (NOT
INCLUDED)
F.I.R. 1/2"
(UNDER
SIDEWALK)
SURVEYOR'S NOTES:
1.) ALL CORNERS FOUND HAVE NO NUMBER DESIGNAllNG PREVIOUS SURVEYOR. OR COMPANY EXCEPT AS SHOWN,
2.) ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED.
3.) NO UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR UllLlllES HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED.
4.) INSTRUMENTS Of RECORD REFLECllNG EASEMENTS, RIGHTS,-Of-WAY AND/OR OWNERSHIP WERE fURNISHED THIS SURVEYOR
PER COMMONWEALTH LAND llTLE INSURANCE COMPANY COMMITMENT NO. 864-681486 DATED 5/27 /99 ONLY.
5.) BASIS OF BEARINGS: W. R/W LINE OF GREENWOOD AVE. - S 00'00'00" W (ASSUMED).
6.) THIS IS TO CERTIfY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRA1l0N FLOOD HAZARD BOUNDARY MAP,
COMMUNITY No. 125096. PANEL No. 0008 D. EFFECTIVE DATE 8/19/91, AND THE HEREON DESCRIBED
PROPERTY APPEARS TO BE IN ZONE X.
7.) IN THE EVENT THAT A FENCE WILL BE ERECTED BASED ON THIS SURVEY, MONUMENTA1l0N MUST BE USED,
NOT BUILDING LOCA 1l0N REFERENCE DIMENSIONS.
8.) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE.
ABBREVIA TION LEGEND:
F.I.R FOUND IRON ROD, SIZE INDICATED SEC. SEC1l0N
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 (D) DEED
S.N.D, SET NAIL AND DISK, P,S.M. # 3983 (P~ PLAT
F.C.M. FOUND CONCRETE MONUMENT (M MEASURED
P.R.M. PERMANENT REFERENCE MONUMENT (c CALCULATED
P.C.P. PERMANENT CONTROL POINT CONC. CONCRETE
p,l. POINT OF INTERSECTION COV. COVERED
P.C. POINT OF CURVE ASPH. ASPHALT
P.O.B. POINT OF BEGINNING PVMT. PAVEMENT
R/W RIGHT-OF-WAY ELEV. ELEVATION
TYP. TYPICAL WM WATER METER
PP POWER POLE LP UGHT POLE
CERllFIED FOR A BOUNDARY SURVEY
I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNiCAL $TANDARDS AS SET FORTH BY THE FLORIDA
BOARI) 'QT..pROFESSIONAL SURVEYORS AND MAPPERS IN
CHAP1ER6HJJt...o....FLORIDA ADMINISTRA llVE CODE,
PUR5U.ANT TO-St;C,OON 472.027, FLORIDA STATUTES,
, ~/Jp" ",., ':, REVISED:
,{ " REVISED:
- ... DATE: 6/21/99
DWARD 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
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID,