RAYBON RAYMOND CURTIS & ALVIN G. CURTIS JR.
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Return to; (er,~}'-"~~~f addressed stamped envelop;;1
This Instrument Prepared by: Merit Title, Inc,
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I WARRANTY DEED
INDMD. TO INDlVlD.
INST # 97-048808
FEB 21, 1997 05:16PM
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Property Appraisers Parcel Identification (Folio) Number(s): ~,frF
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Name: Merit Title, Inc.
Address:
SO I S, Ft. Harrison, Suite 203
Clearwater, FL 34616
PINELLAS COUNTY FLA
OFF.REC.BK 9616 .
-- PG 21t)8
Address:
501 S, Ft. Harrison, Suite 203
Clearwater, FL 34616
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Karleen F De Biaker, CIG , 'in>JIias Counti
SPACE ABOVE THIS LINE FOR PROCESSING DATA
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By
Deputy CleJK
SPACE ABOVE THIS LINE FOR RECORDING DATA
This Warranty Deed Made the 19th day of February .0. 1997 by Raybon Raymond Curtis, two-thirds (2/3)
interest and Alvin G. Curtis Jr., one-sixth (1/6) interest and Alvina L. Curtis, one-sixth (1/6) interest hereinafter called the
grantor, to CITY OF CLEARWATER, FLORIDA, a Municiple Corporation whose post office address is P.O, Box 4748,
Cleanvater, FL 34618-4748 hereinafter called the grantee:
(Wherever used herein the tenns "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!:onfinns unto
the grantee all that certain land situate in Pinellas County, State of, viz: -
South 1/2 of Lot 31, PALM PARK (ADDITION TO CLEARWATER) according to the map or plat thereof as
recorded in Plat Book 4, Page 86, of the Public Records of Pin ell as County, Florida.
THIS PROPERTY IS VACANT LAND AND TIIEREOF, NOT TIIE HOMESTEAD PROPERTY OF TIIE
GRANTORS
Subject To covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any;
taxes and assessments for the year 1997 and subsequent years; and to all applicable zoning ordinances and/or restrictions
and prohibitions imposed by governmental authorities, if any,
Together, with all the tenements, hereditament 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, and hereby warrants the title to said land and
will defend the same against the lawful claims of all persons, .
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed seale delivered in the presence of'
XK~
Raybon Raymond Curtis
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The foregoing instrument was acknowledged before me this 19th day of February, 1997 by Raybon Raymond ~urtis
who produced as identification and who take an oath, ' AI vin G. Curt:i.s Jr
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PINELLAS ~~~NT~GF~~69
OFF.REC.BK 9
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BEFORE ME personally ap~eared
Alvena L. Curtis
., who is/are personally known to me or who have
produced as identification and did not take an oath, and to me known to
be the person(s) described in and who executed the foregoing instrument and acknowledged before
me that they executed the same.
WITNESS my hand and official seal in the county and state aforesaid this ~ day of
~Orun" ~' 19q1 '
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lC070871 SJU 02-21-1997 17:10:16
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CHECK AftT.TENDERED:
CHANGE:
1C070872 SJU 02-21-1997
11 3010 - 00001126
DED-cURTIS
RECORD FEES
ItOD TRUST FUND
9
10
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CHARGE AtIOUHT:
$6.00
$245.00
--------
$251.00
$251.00
$.00
17:10:37
$4.00
$.50
$4.50
$4.50
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I
CONTRACT FOR PURCHASE (' 'EAL PROPERTY
BYI
THE CITY OF CLEAR\ATER, FLORIDA
PARTIES: RAYBON RAYMOND CURTIS, ALVIN G. CURTIS. JR. and ALVENA L. CURTIS (herein
"Seller"), of 3518 Broad Oak Drive, Charlotte, North Carolina 28273, Phone: (704) 588-9760, and the
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City")
of p, O. Box 4748, Clearwater, Florida 34618.4748, ATTENTION: Alan J. Ferri, Director of Economic
Development, Phone: (813) 462-6882 (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 hondays 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: The South 1/2 of Lot 31, PALM PARK (ADDITION TO CLEARWATER)
according to the map or plat thereof as recorded in Plat Book 4, Page 86 of
the Public Records of Hillsborough County of which Pinellas was formerly a
part.
STREET ADDRESS (CitylZip/State): SW Corner of Greenwood Avenue and Palm Bluff Street,
Clearwater, Florida 34615
2. FULL PURCHASE PRiCE................................................................................'.......... $ 35,000.00
3.
MANNER OF PAYMENT:
City of Clearwater check in U.S.
funds at time of closing ................................................. $ 35,000.00
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 ir 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 $ 35,000.00 by Appraisal Associates of Tampa Bay, Inc. onAugust 26,1996
b.
[X]
Additional appraisals:
$ 35,000.00, November 19, 1996 by Sawyer Realty Group, Jnc., Mark G. Sawyer,
MAl, for buyer.
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 lor a period of forty-five (45) days following
delivery in duplicate original to Alan J. Ferri, Director of Economic Development of the City of Clearwater for
acceptance and approval, counter-offer, or rejection by action of the Clearwater City Commission
("Commis!:ion")~ If this ;Jgreement is accqpted 3nd apfJ;C'ved b~ the Corromissi!'n, it will be e~ecuted by duly
authorized City officials and delivered to Buyer within ten (10) days thereafter. If a counter-offer is approved
by the Commission, it shall be delivered to Seller in writing within ten (10) days of such action by the City
Commission, and Seller shall have ten (10) days thereafter to deliver to Buyer written notice of acceptance
or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-
offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is
rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void
in all respects and Buyer shall be so informed in writing within five (5) days of such action.
6. IIILE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory
Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Seller,
Page 1 of 5
t\dltNdo\ 14i4e1m.cen
'ect only to matters contained in Paragraph 7 accf' ble to Buyer. Otherwise title shall be free of liens.
lJments and encumbrances of record or known tl .,ler, but subject to property taxes for the year of
cl ing; covenants, restrictions and public utility easemElts 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
Buyer shall, at Buyer's 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 round defective, Buyer shall, within three (31 days
thereafter, notify Seller in writing specifying defect(s). If the defect/sl render title unmarketable, Seller will
have 120 days from receipt of notice within which to remove the defect/sl, failing which Buyer shaU 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
Seller, at Seller'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 violata 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 61G17-6, 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
JI'IJIUAI''t ..3IJ IQq'1
Buyer 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.~t/l...b~, 16, I !!5, 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 (101 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 I, 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. Buyer shall fumish 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 sh<lll also pa\' the costs of recordir.g any corrective instruments.
Recordation of the deed shall be paid by Buyer.
12. PRORATIONS: CREDITS
Taxes, assessments, rent (if anyl and other revenue of the Property shall be prorated through the
day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(61, Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with due
allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third
parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any
improvements that are substantially complete at time of closing shall be paid in full by Seller.
Page 2 of 5
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{OPERTY CONDITION
I
As Is With Right of Inspection: Buyer may, at Buyer expense and within ten (10) days from Effectlv ~
Date ("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(bl 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. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days
from and after closing, during which time evidence of title shall be continued at Buyer's expense to show
title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from 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 (301 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 detrim&nta: tc. th3 Property. or w:,ich wOlild effEct Buyer's de:;ire to purchase
the property except as follows: (Specify known defects. If none are known. write "NONE")
NONE
Buyer shall have the number of days granted in Paragraph 14(bl above ("Inspection Period") to investigate
said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this
contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to
so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the
disclosed matters and shall have the obligation to close on the contract.
Page 3 of 5
t.........\I.~
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18. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(81, Florida Statutes (19891. 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
I
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. .N.OII.CE
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 their 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 and Buyer represent and agree they have dealt with no Broker or finder 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 PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity
of any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungernent of the invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed,
and enforced in accordance with the laws of the State of Florida.
Page 4 of 5
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27. ~OUNTERPARTS' FACSIMILE COPY
I This contract may be executed in two or mol counterparts. each of which shall be deem~d a~
original and all of which together shall constitute one instrument. A facsimile copy of this contrac:
including any ~ddendum, 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)
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:lJct.. 2"10 Iqq~
Date:!JeC 9.,' /99 (.,
Date: Dee.. 5. lc:r=r~
11-7-- f(-b?l~
Social Security or TuI.O.'
a6/-.f).7f?3
Social Security or Tax 1.0.1
,J.f..i 1- 55- '1 :"1 2-
Social Security or Tax 1.0, I
) APPROVED AND ACCEPTED this _ day of
.1996.
) APPROVED COUNTER-OFFER this_ day of
.1996.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
Elizabeth M. Deptula, City Manager
Approved as to form and ATTEST:
legal sufficiency:
c;e .::::> ~ - ___,,~
....p8mela K. Akin, City Attorney' r Cynthia E. Goudeau, City Clerk
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APPRAISAL ASSOCIATES OF TAMPA BAY, INC.
Settlement Statement I. Mortgage Ins. Case No.
This form Is fuml8hed to give you . statement of actua' settlement costa. Amounts paid to and by the settlement
agent are shown. Items marked C'POC") were paid outside the closing: they are shown here for Information
u sea and are I udeclln totals.
CITY OF CLEARWATER, FLORIDA, a Munlclple Corporation, P.O. Box 4748,
Clearwater, FL 34618-4748
Raybon Raymond Curtis, 3518 Broad Oak Drive, Charlotte, NC 28273
Alvin G. Curtis, Jr,
Alvena L. Curtis
. \" - - '.....
A. U.S. Department of .Sing
and Urban Development
C. Note:
D. Name of Borrower:
E. Name of Seller:
F. Name of Lender:
G. Property Location:
PALM PARK (ADDITION TO CLEARWATER)
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
OMB No. 2502-0265
1. [ ) FHA
4. VA
8. File Number
2971013
B. T of Loan
2. [ ] FMHA
5. Cony, Ins.
7. Loan Number
3. [ ] Cony. Unlns,
Other.
TIN:
TIN:
TIN:
262-11-6226
261-55-7363
261-55-7372
Merit Title, Inc.
501 S, Ft. Han1slon, Suite 203, Clearwater, FL 34616
2/18/97 Proration Date:
TIN: 59-3221111
~'~'~'%W""''''''''''''''''''V''''''''''~'''''''^''^ '''M'''''''='=~i:'''<'':~_
~r~'~"~"~_'lJ.~,,;[;~~:~~~;,{-~.~r'f"~{;j"J{~'~~',,~.(v. ~~.;: ~~'x ~,,; ~ ,~" . v~.. ~ .~t~:r.Y:;"" =;"~~~'r" f:<1
~~':::~w~"*'M0;'::N;'....%,,<<,,:>>;,~v,....:';....x ........... .......,:..<<H...YW~~:::.....4..~*'\i
1510.
91.12 1511. 1/1/97 to 2/18/97
1512.
1513.
114.
1115.
1518.
117.
111.
11..
91,12 120. Total reduction In amount due seller:
100.
101.
102.
103.
104.
10S.
400.
35,000.00 401.
402.
79.00 403.
404.
401.
Gross amount due from borrower:
408.
407.
408.
40..
410.
411.
412.
35,079.00 420.
1/1~7 to 2/18/97
Total paid bylfor borrower:
, ~ ~ . V~~::>>~''::~~~'. ;<; 'N . m~
2/18/97
Gross amount due to seller:
Contract sales
Personal
35,000.00
Gross amount due to seller:
35,000.00
773.75
685.99
91.12
1 ,550,86
~->>:..... ':-.':':>:":.....:-:<< ..:
~.
~
.
DMslon of commIasIon ClIne 700) .. followa: Borrower's Seller's
701. $ Funds at Funds at
702. $ Settlement Settlement
703. Commission paid at settlement
704.
BWMlJilfli--IML ."':''':'::''~ .. .-;....... 'l ........... .. " '^' " "~ .,. .. .~..~. " ..~~J~ *.f ~im'_
.' . r..' " :0:- " <." ..~.......~i~:;... .. ..~
801. Loan origination fee
802. Loan discount
803. Appraisal fee to Appraisal Asaoc of Tampa Bay, Inc. POCB 1500,00
804. Credit report
806. Lender's Inspection fee
806. Mortgage Insurance application fee
807. Assumption fee
808.
808.
810.
811.
812.
813.
...... . , ' . , . " , '.' ~ .. , < < : .<WlWf.~W.{'iM~?!WM~'%~~~~h4ij
". .. .. . .. ..... ': ... .:~ .. " " : .:<< . :-:~:. .,' :x;::: :&.::-.~. :::":-:':~'" ;-.::::-:: ..~-=..:::."..::::::.:::.' ~;o.
801. Interest from
902. Mortgage insurance premium for
903. Hazard Insurance premium for
904.
906.
itOm~*mr:":': ~ .-.:-.,' , . .~. ..:.... "...: ., ... < ...-: . ....:-: '~-:lt_~~t~~~}f*=1m_~
' , 'I'$;
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City property taxes
1004. County property taxes
1006. Annual assessments (malnt.)
1006.
1007.
1008.
1009.
... ....... ,', .......l': .. YO.... 'Il
1101. Settlement or closlna fee to MerIt TItIe,lnc, 62.50 62,50
1102. Abstract or title search to Land Research Company POCB 75.00
1103. Title examination to MerIt Title, Inc. 50.00
1104. Title Insurance binder
1106. Document preparation
1106. Notary fees
1107. Attorney's fees to
Includes above Items no.:
1108. Title Insurance to Merit Title, Inc. 201.25
Includes above Items no,:
1109. Lender's coverage
1110. Owner's coverage $35,000.00 $201.25
1111. Courier Fees to MerIt Title, Inc, 55.00
1112.
1113.
~~m\~;~ ,,;. .' ,
"
,
1201. Recording fees: Deed $10.50 ' 10.50
1202. City/county tax/stamps:
1203. State taxlstamos: Deed $245.00 245.00
1204. A ffldavtt to Clerk of the Circuit Court 6.00
1206.
1206.
..WW~ijWr::':'."", "".:" , ", " ::;, ~:-::::-..:~.. , ,/ ~~&.~~' ......~~~~~I$:-... ~.. '~;::''':
... < " " .. . ":$::: " ".......~.~....,~.... .. ..::
1301. Survey to Allied Enalneerlna 160,00
1302. Pest Inspection
1303. Envtromental Study to F.G.S" Inc. POCB 1200.00
1304. Enviromental Study to Occupational Health Conservation POCB 1400.00
1306. Review Appraisal to Sawyer Realty Group , POCB 500.00
1400. Total settlement chargea (entered on lines 103, eectIon J and 502, section K) 79.00 773.75
CERTIFICATION: I have carefully rllYi~ the HUD-1 Selllemenl 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.1 ement Statement ~
Raybon RaYITQnd Curtis ~
Alvin G.
Al vena L. Curtis
Settlement Agent
SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges hlslthelr approvel of tax prorations and signifies their understanding
that prorallons were based on taxes for the preceding year, or estimates for the current year, and In the event of any change for the current year, all necessary adjustments
adjustments must be made between Sellar and Purchaser; likewise, any default In delinquent taxes will be reimbu~~ to the Title Company by the Seller,
Dctte 2 J.f;W
CA 283878
.**
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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 therefor; all subject to the provisions of Schedule 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 of title insurance and all liability and
obligations hereunder shall cease and terminate six months 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, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the
date shown in Schedule A. to be valid when countersigned by a validating officer or other authorized signatory,
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 of the proposed Insured 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 (al to comply with the requirements hereof or Ibl to eliminate exceptions shown in Schedule B, or (cl 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 and 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 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 policy committed for may be examined by inquiry at the office which issued the commitment, and
a specimen copy of the policy form (or forms) referred to in this commitment will be furnished promptly upon request.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371~1111
By
President
Stet, 203
"li ,,i' < ",
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Old Republic Title Insurance Co.
COMMITMENT
SCHEDULE A
l. Effective Date: ~ 1997 at 8:00amZr- [q -q l
2. Policy or Policies to be issued:
Case No. 2971013
(a) I!I ALTA Owner's Policy - Form B 1987 (Amended 10/17/92)
Proposed Insured:CITY OF CLEARWATER, FLORIDA, a
Municiple Corporation
Amount $35,000.00
(b) 0 ALTA Loan Policy - 1987 (Amended 10/17/92)
Proposed Insured: NONE
Amount - 0 -
3. Title to the Fee Simple estate or interest in the land described or referred to in this Commitment is at
the effective date hereof vested in Raybon Raymond Curtis, two-thirds (2/3) interest and Alvin G.
Curtis Jr., one-sixth (1/6) interest and Alvena L. Curtis, one-sixth (1/6) interest
4. The land referred to in the Commitment is described as follows:
South 1/2 of Lot 31, PALM PARK (ADDITION TO CLEARWATER) according to the map
or plat thereof as recorded in Plat Book 4, Page 86, of the Public Records of Pine lIas County,
Florida.
Countersigned at Clearwater
Commitment NO.CA283878
This comnutment is invalid unless the Insuring Provisions and Schedules A and B are attached.
Schedule A consists of 1 page(s)
Old Republic Title Insurance Co.
COMMITMENT
SCHEDULE B - Section I
Requirements
The following are the requirements to be complied with:
. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
2. Instrument(s) necessary to create the estate or interest to be insured and other instruments which must be
properly executed, delivered, and duly filed for record, andlor other matters which must be furnished to the
company.
Item a) Warranty Deed from Raybon Raymond Curtis, 2/3 interest, Alvin G. Curtis, Jr. 1/6
interest and Alvena L. Curtis 1/6 interest to City of Clearwater, Florida, a Municipal
Corporation of the State of Florida, conveying the land.
m b) Affidavit in recordable form that Alvin G. Curtis, Jr. , is not one in the same as Alvin G.
Curtis mentioned in that certain certified judgment in favor of Balcor Realty Investors, ltd,
b/dla Compass Pointe Apartments as recorded in Official Records Book 5217, Page 371,
as well as, an Affidavit in recordable form that Alvin G. Curtis, Jr., is not one in the same
person as Alvin Curtis mentioned in that certain judgment in favor of Pub Ii x as recorded in
Official Records Book 7438, Page 1868, all recorded in the Public Records of Pine lias
County, Florida.
Item c) Payment of the 1996 taxes in the February amount of$ 685.99.
rJ)
Q
Case No. 2971013
Commitment No.CA283878
This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached,
Schedule B 1 consists of 1 page( s)
.
.e
Old Republic Title Insurance Co.
COMMITMENT
SCHEDULE B - Section II
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of
to the satisfaction of the Company.
A) Defects, liens, encumbrances, adverse claims or other matters, if any, first appearing in the Public
Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires for value of record the estate or interest or mortgage thereon covered by this commitment.
B) Facts which would be disclosed by an accurate and comprehensive survey of the premises herein
described.
C) Rights and claims of parties in possession.
D) Construction, mechanics, contractors or materialman's liens and lien claims, if any, where no notice
thereof appears of record.
E) Easements, or claims of easements not shown by the public record.
F) Any and all Special Assesments, Bills, Charges or Minicipal Liens levied and/or assessed against
subject property which are currently due and payable.
G) General or special taxes and or assessments required to be paid in the year 1997 and subsequent years
which are not yet due and payable. Parcel I.D. Number 10/29/15/65718/000/0311. Assesed Value
:$$30,300.00. Gross Tax. Amount: $$692.92. Date taxes paid :Not Available,
~ A4-L\=
~G)
~
~
~
~~'
Case No. 2971013
Commitment No.CA283878
This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached,
Schedule B2 consists of 1 page(s)
Policy Number SDC 255333
~**
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ic *
.
If-, *
*-\'*
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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, Unmarketabilityof the title;
4, Lack of a right of access to and from the land,
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations,
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company,
- ''''r;t~
MERrr Tm.E INC.'--,..
501 S. Ft. Harrison, Suite 203
Clearwater, Florida 34616
(813) 442-9671
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
~:;;",,',~ij!:, )':, ,,"\I"IiJ"i")'''''''~;',;,,':
"",,"''''t ", ~',,(ij"/J
" ,""'_" - ,':C, :.\\\~;,. *~
"'':;,,, :"\,-:::,;"",,, "l",j:,;)" ,i",
'" '", "!""\ , ,..",,..., ,,"" '/ Secretary
I', \:"("-j't'i?-:il'::'::"'\\' "'! :;' 1') ,/';:;;L~'\~' :\\11,:,\:.!I;,'"
President
Issued through the Office of:
By
Attest
Old Republic Title Insurance Co.
OWNER'S POLICY
SCHEDULE A
Case Number:
2971013
Date of Policy:
February 21, 1997 at
5: 16pm
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED
NUMBER ON THE COVER SHEET.
1. Name of Insured:
Amount of Insurance:
$35,000.00
Policy Number:
SDC 255333
CITY OF CLEARWATER, FLORIDA, a Municiple Corporation
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA, a Municiple Corporation
4. The land referred to in this policy is described as follows:
South 1/2 of Lot 31 , PALM PARK (ADDITION TO CLEARWATER) according to the map or plat
thereofas recorded in Plat Book 4, Page 86, of the Public Records of Pine lias County, Florida.
ALTA Owner's Policy Form B 1987 (Amended)
This Policy is invalid unless the cover sheet and Schedule B are attached.
Schedule A consists of I page(s)
I
.
I
.
Old Republic Title Insurance Co.
OWNER'S POLICY
SCHEDULE B
Exceptions from Coverage
Date of Policy:
February 21, 1997 at
5: 16pm
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED
NUMBER ON THE COVER SHEET.
Case Number:
2971013
Policy Number:
SDC 255333
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
I. Defects, liens, encumbrances, adverse claims or other matters, if any, first appearing in the Public
Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires for value of record the estate or interest or mortgage thereon covered by this commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein
described.
3, Rights and claims of parties in possession.
4. Construction, mechanics, contractors or materialman's liens and lien claims, if any, where no notice
thereof appears of record.
5. Easements, or claims of easements not shown by the public record.
6. Any and all Special Assesments, Bills, Charges or Minicipal Liens levied and/or assessed against
subject property which are currently due and payable.
7. NOTE: Items I through 6 are hereby deleted in their entirety.
ALTA Owner's Policy Form B 1987 (Amended)
This Policy is invalid unless the cover sheet and Schedule B are attached.
Schedule B consists of I page(s)
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 may arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but
not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use,
or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, I ien 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 creating 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 of lien creditor.
CONDITIONS AND STIPULATIONS
7, 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 claimf'ng loss or damage,
(c) "knowledge" or "known": actual kno ledge, not >
constructive knowledge or notice which may b ' 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.
(f) "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 1 (a)(iv) of the Exclusions from
Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of
marketable title,
2. Continuation of Insurance After Conveyance of Title,
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from the insured, or
only so long as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in
the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured,
3, Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) 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 Ji ,ht to select counsel of its choice (subject
to the-right of the insure 0 object for reasonable cause) to
represent the insured as t those stated causes of action and shall
not be liable for and will not pay the fees of Iny other counsel, The,
Company will not pay any fees, costs or expe~es incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy,
(b) The Company shall have the right, at its own cost. to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest. as insured, or to prevent or reduce
loss or damage to the insured, The Company may take any
appropriate action under the terms of this policy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this policy, If the Company shall exercise its
rights under this paragraph, it shall do so diligently,
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any 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
End Illemoranda in the cLltody or control of a third party, which
'feasonably pertain to the~oss or damage All information designated
as confidential by the insured claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim, Failure of the insured claimant to submit
for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim,
6, Options to Payor 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 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 cancellation,
(b) To Payor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)(i) or (ii), the Company's obligations to
the insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation,
1 Determination, Extent of Liability
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 settled on a pro rata basis al if the amount of, '
insurance under this policy was divided pro~ata 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, ina 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, Reduction of Insurance; Reduction or Termination of Liability
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the
insurance pro tanto,
", Liability Non-cumulative,
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 Ri!=lht of Subro!=lation,
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this policy
not been issued, If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation~ The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation
involving these rights or remedies,
, If ~ payment .on afount of a claim does not fully cover the loss
of the Insured claimant, the Company shall be subrogated to~these
rights and remedies in the proportion which the Company's payment
bears to the whole amount of the loss,
If loss should 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 the 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 Ri[1hts A!=lainst Non-Insured Obli[1ors,
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy,
14, Arbitration.
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 pennit 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, Liabililty 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 the Company at its home office,
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111,
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Prepared By: Merit Title, Inc.
Merit Title, Inc.
50 I S. Ft. Harrison, Suite 203
Clearwater, FL 34616
NON-IDENTITY AFFIDA VIT
File Number: 2971013
I
THIS IS AN AFFIDAVIT MADE UNDER OATH. THE MAKING OF A FALSE STATEMENT WILL SUBJECT THE AFFIANT
TO SEVERE CRIMINAL PENALTIES.
BEFORE ME, the undersigned authority; personally appeared Affiant, Alvin G. Curtis Jr.
I ~ \ ~ \,.",A\'E'~v.A lO.\e ~ r ,
Whose post office address is C''''ar\~1-'I"~ \ \J( ~~O . who, being by me first duly sworn on oath, deposes and says:
1. Affiant is the owner of the following described property:
South 1/2 of Lot 31, PALM PARK (ADDITION TO CLEARWATER) according to the map or plat thereof as recorded in Plat
Book 4, Page 86, of the Public Records of Pine lias County, Florida.
2, Affiant's Social Security number is \Kll II UIJ and who~ ~A of birth is ~v ~ lot) \ ~ 'l rl..
2~' -55.?~b~ u.:fI(!
3. Affiant has examined the following liens or judgements which are filed against a name identical to or similar to his/her name
and he/she is not the person named in any of said instruments which are filed in the aforementioned County at the Book and
Page indicated.
Company!
Creditor
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Official
Record Book
Page
Number
1868
Publix 7438
Balcor Realty Investors d/b!a Compasse Pointe Apt 5217
371
4. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the state of Florida for falsely
swearing to statements in an instrument of this nature. Affiant affirms he/she has read the foregoing affidavit and fully
understands the facts contained herein.
FURT~
uA;~:
Alvin G. Curtis, Jr.
Paae 1 of2
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STATE OF
COUNTY OF
THE FOREGOING INSTRUMENT was acknowledged before me on by Alvin G. Curtis Jr. who is personally known to me or who has
produced as identification and who take an oath.
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TO BE FILLED IN PERSONALLY
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
Raybon Raymond Curtis and Alvin G. Curtis Jr. and Alvina L. Curtis
I Seller or Owner-Borrower
Contractor (if new construction)
CITY OF CLEARWATER, FLORIDA, a Municiple Corporation
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchase and/or lender in this transaction that to my
knowledge there are: ,
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae,
carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street
paving, or any personal property or fixtures that are located on the subject property described above, and that no such
items have been purchased on time payment contracts, and there are no security interests on such property secured by a
financing statement, security agreement or otherwise except the following: (Ifnone, so state.)
NAME AND ADDRESS OF SECURED PARTY Approximate Amount
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2. No loans of any kind on said property except the following: (Ifnone, so state.)
NAME AND ADDRESS OF CREDITOR
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3. All labor and material used in the construction of improvements or repairs on the above described property have been
paid for and there are now no unpaid labor or material claims against the improvements or the property upon which the
same are situated, and I hereby declare that all sums of money due for the erection of improvements or repairs have
been fully paid and satisfied, except: (If none, so state.)
,
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS
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4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above,
except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF Approximate Amount
LABOR OR MATERIALS
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S. I, the owner-borrower, or purchaser~ have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS
ADDRESS
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6. I, the undersigned own~r, further certifY that the real estate and personal property above described are in the actual
possession of the undersigned and is not in the possession, actual or constructive, of any person, persons or
organization holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or
right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or owner-
borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE
PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS
SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER wrm ALL COSTS, LOSS AND ATTORNEY'S
FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WIlli SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS
EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THEREOF, OR ARE SUBSEQUENTLY
ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION
DATE PRIOR TO THE CONSvFTION OF TIllS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relyin on the representation contained herein in purchasing same or
~g money thereon and wouJ~ :r~r lend money D unlcss sa; n: ntatives wen: made.
Rayboc:b~ I:
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Alvin G. Curtis, Jr. .
SWORN TO AND SUBSCRIBED BEFORE ME TIllS, and who has produced as identification and who take an oath,
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BEFORE ME personally appeared
Alvena L. Curtis
., who is/are personally known to me or who have
produced as identification and did not take an oath, and to me known to
be the person(s) described in and who executed the foregoing instrument and acknowledged before
me that they executed the same.
WITNESS my hand and official seal in the county and state aforesaid this --L:!..- day of
l;.~....(') . 1911..
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ADDENDUM TO SALES CONTRACT
This Addendum hereby amends that certain Contract for Purchase by and between RAYBON RAYMOND
CURTIS, ALVIN G. CURTIS, JR. AND AL VENA L. CURTIS, (Sellers) and the CITY OF
CLEARWATER, FLORIDA, A MUNlCIPLE CORPORATION dated December 2,1996 as follows:
Paragraph 9 is amended to read: February 19, 1997
All other matters remain in full force and effect.
,
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City of Clemwater
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Carassas, Asst. City Attorney
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CERTIFIED TO
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MERIT TITLE
INC.
CITY OF CLEARWATER ECONOMIC DEVELOPMENT
OLD REPUBLIC NATIONAL TITLE INSURANCE CO.
SEC. 10 , TWP. 29 S , RGE. 15 E.
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A SURVEY OF THE SOUTH 1/2 OF LOT 31
PALM PARK
ADDITION TO CLEARWATER, AS RECORDED IN PLAT BOOK 4
PAGE 86 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY ,
FLORIDA OF WHICH PINELLAS'COUNTY WAS FORMERLY A PART.
"BOUNDARY SURVEY"
LEGEND:
W.O.13398
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F.I.R._ FQU-.Io IRON ROO; F,C.I.R._ FOUl-I> CAPPED tROtI ROO; S.C.I.R.- ~T C~If{OtI ROO; 1",1."._ FOt-H) tRCN PIPE: ~" COvf~H'
F ,C.I.P._ FCUD CAPPED IRON PIPf:; F.N.O.. FOLtD ltAlL A DISK; S.N.O._ seT till\.. A OISKI F.e,H.. FOUIO CONCRETE r10NU1EtH; . ~
P,R,H,' PfRHArlENT RffERENCE HOIU1EIIT; P.C.P.. PfRHAJ-ErlT COtHROl. I'OtNTI 1',1.. I'0lUT Of' IIHt~CTIOIl; R , W . RIGIIT Of WAY; LL N'f: .',
EL6V,'EU:VATION; C.B.S.. CONCREre BLOCK STRUC'tl,REI CONC.-cOtICRETEI ....~I.. ASPliAL TI f'Yf1T.. PAVEI1EIH;
COV..COVEfU:D: 0" DeED: sec,. SECTIOU: TWP,. TOYttIS/UP; RGI!.. RA.NGE: P._ PLAT! H.- HEAS'~,EO: E,k'r _ EASHlfIH;
R.' RADIUS; A.. ARC; C" CIIORD; C.U... CHORD BEARINOI STY,.. STORY: C.l.f. .. tllAl1I Lna< fEIICE; W,f" . YlOUl F!:IICE;
I, WILLlAJ1 C, KI!.TIII<l. THI! 3tJ1NI!YOA IN RfSI'ONSIOLI! CHAR"!! CI!AT'''Y TIt.T nil! lll.JftYI!y ~"I!SI!NTeD tteN!t'lf1 AS ~teeTItI"l T1~~ t1"""'''1 TfC.."c.,
'H'~......,. a"T """n1 BY TtI. "LOI'O'OA ao.."" Of' LAM) SIJI'''''YOIOa. /'Vft",j&IoIT TO aeCTC>tH 472,021 Of' TilL! I'l~OftIO^ .r,..nlY"" ,l:' """'c""."o '"
-_E.!..':t.!t" 1"011-. ~T. Of" ....~eSSIOtI~. Al:ou....II.Q!!...lli2T VALlO LJt!\.I:!~ll.rt1I'tUtL.I.tI!QIISi2...t!~!ila:Ol'l'l! H~) --_~___~'n
ELEVATION STATI!HI!tlT: THIS IS TO CI!RTIFY TllhT W1! ..AVI! OOTAINED ELEVATIONS SHOWN HI!/lIlOU 01' nil! AIICJVe Dt!SCRI8tD t.NO, noes/! f.:ltVATlU"S
S>iOWN IERI!Otl.lRE a~o Ot~ TIll! N...TIOtlAl. VI'RTICAL DAllk1, 1919. BI!I./Ot'1.I/l1\ SIJt'f'UfO BY 'TilE E,'GIt<ClIWl(;
DEn, . COUNTY. FLORIDA,
COt-1I1lkUTY 110,
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