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JOSEPH SOROTA ,.,: {j ~. ~~'~ This l' arranty De~d- I~"ST # 95-076861 APR, 3, 1995 5:49PM 31 s t day of March PINELLAS COUNTY FLA. OFF.REC.BK 8954 PG 2042 A.D. 19;15 ~. .:- : . Q, · "-i Made this by JOSEPH J. SOROTA, JR., FLORIDA LAND TRUST NO. AS TRUSTEE OF 172916 t... hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA whose post office address is: Post Office Box 4748 C1earwater~ FL~34618-4748 hereinafter called the grantee: (Whenever used herein the tenn "grantor" and "grantee' include all the parties to this instrument and the hejrli, l~gal reJlr:~sen~aJjvc:s a!l(La~igns .of jn_divid \!ll/l;, and Jhe_ succe!;sQ~and assignsoL COTpJllations)... 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 Pinell as County, Florida, viz: See Schedule "A" attached hereto and by this reference made a part hereof. !5q IS D ,8J{ pd. s~. Documentary Intsn';l1b\e C aUI1t'! ,- ______ ~ f'inel\aS ' $.----- eB\8~e{, c\al. oeput'/ Cl.r~ K8r1eeO ~l/~ Q"~ 5C04G28J MAK 04-03-1995 17:21:5i D1 [tED-j ~,;OROTA :~~C.~'#H'j".~ f h~(" . ~ .... - ~.....~...~ ,,;I, .,', :', ,._ " ," uvL ::; J A!.'jt"' - UH./l '''' .~ ,..:.,. """,.., >> "1 U: :rU $5(7~: 5U $'/LJ=UU j \J fHL; Cil;:Ct< AJ:~ {'; r~:'f~DtHEU ~ . CHA!~6f : $/~jc UU ':j:., LH) Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of allencuI1l~rancesexcept taxesaccrllil1g~~ubseql1e!1Ltopecel11ber:31,)~~_24 _ ~..'...... In-Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: '.'>A../.... ~g~~, 1 e: - ynn etter. ",.. .. t7,~141~~ Name: ebby L. willis J SEPH J. USTEE HIghway 19 Name & Address: Clt::al. wate!"" North'l Ste. 504 tr PL 34621 l.!dJ Name: lliJ Name & Address: Name: lliJ Name & Address: State of County of FLORIDA PINELLAS I j If O.~' " .. 0 1,-",."1 '- ,~ . f ....,..;.. March (j~) 1 ... ..., -, . ...... I Schedule A A strip of land being the West 10.~0 feet of that certain property described in Official Records Books 5846 on Page 2122 and 5832 on page 213l of the Public Records of Pinellas County, Florida, lying within the Northeast 1/4 of Section 17, Township 29 South, Range 16 East and being more particularly described as follows: Commence at the Southwest corner of the Northeast 1/4 of said Section 17; thence NOOo19'21"W, along the West line of the Northeast 1/4 of said Section 17 for 735.00 feet; thence o . N89 45'49"E for 20.00 feet to the POINT OF BEGINNING; thence NOOo19'21"W along a line 20.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17 for 285.00 feet; thence N89046'53''E for 5.00 feet; thence NOOo19'21"W along a li!1E!2S_. 00 feet East-uofand parallel to the Wes t li"neof the Northeast 1/4 of said Section 17, for 15.00 feet; thence N89046'53''E for 5.00 feet; thence SOOo19'21"E along a line 30.00 feet East of and parallel to aforesaid West line, for 300.00 feet; thence S89045'49''W for lO.OO feet to the POINT OF BEGINNING F' . 1 1. e No. 9 . 5-17246 .'..:' 'j' !; ~. ( I ~~ ~~ il5 ~ o' < -..J)'(' (j ~ ~ ~ . ~ ~ ~ ~~ )Jitli I ?! G ~~ ~'i: t\1~ ~-g ~~ ~ts ~ (l \J - IU~ V) 6!. \I.'"' Cl . ~~I ~ ~ I ~y ~~ ;j~ ha \ll~ ~ @ I\J , i\i it ~ JVeq'4<2/!>:3'c 5.00/ .@ ~ ~ ~ 'NI ti ~~. ~ N k II} ~ I,lJ ~ ':i~... ~ -~ ~~fll ~~~ ~ ~ ~~ "< \\,! . (j Cl ~ iII---' I i~ .~ ~ THIS IS Nor A SURVEY <> '" zo ~.J I ..S::4ce." /"-ZD' ; . f'IIJalJ,."" cOUlll'i WJ.>=- UM",....,../ li<~-r = "'001<- r~ t>~" 10'5 REVIsED 3/28/95 . LEGAL & _SKETCH '. REVISED '0/28/9' . LEGAL & SKElCH ~c~tl'ot~1..,::r ~~Y~.lh:~~~~' '!,' I ~=;'f'..i~IO\ ~ ~~'d. O,~~~ rlr~~onS~:,~tllc 'ocn~ t d LC90' OuctlpUO'l muh 'ht Minlmun'j TUll"'col stondo"h "' IOtl~ tly Iht rlorJ~o 800rd 01 PfOl.ulonol Lend $ur..,yon In ChQp"I' ('IHH.6. Flolldo Admini,ltotln cocsZ' ~url onl '0 'ot 472.02'7. ""'''JmiN;;"'' ~/ 1 Oolcel, tt/. NOT V 10 LE S StONED OATEO AND STAMPED WITH (0,1 W. Ao",.,. Flotido R""I,..d AN A ,..) O'~.'" D... .., 1'1.' )~ ::::~:: :~~~.~~:J,:,::-.'~ ~I"_dl ,.~';~ O....,.'I'.,.hl Ser415'+::r.W 1'.1. ~:::::: :~~;'..~...... ...~ 10.00' te. 0,..... Au.. SOUTHWeST =~.e OF Ne' 1'1 OF .seer/ON 17-29-/("0. PROJECT: PR(PAA(O'~: . CITY OF CLEARWATER HAMPTON ROAD SCALt: ,.. ~ 20' PLAN: SKETCH & LEGAL DESCRIPTION ".O.L. I(e. ,.... .,..,. '.0.1. '.0.(. Du.... ...... or l... 0........'"..,.....: 0....... $UII." 0....'01 J....~I~. 0....'.. lIlu,. O....h."...'IU&...~ 0....1.. ,...., 01 (.................., ~1t:ftW~A$$OCI..~'OW;: 249045 U.S. Hwy. 19 t'h~dh ClllClr.....Qlor, Florlda ,J-i6:U Phone (8IJ) 79'-1~"1 eKO DY!O"C. FD. PC. EWR NI A SfltE T NO.: 1 OF 1 LEGAL DESCRIPTION: PARCEL 007.1 A strip of land being the West 10,00 feet .of that certain ptoperty described in Official Records Books 5846, On page 2122 and 5832, on page 2131 of the Public Records of Pinellas County, Florida, lying within the Northeast 1/4 of Section 17, Township 29 South, Range 16 East and being more particularly described as follows: " COlT!J;Ilence at the Southwest comer of the Northeast 1/4 of said Section 17; thence NOoo19'21"W, along th~ West line of the Northeast 1/4 of said Section 17, for 735.00 feet; thence N89045'49"E, for 20.00 feet tet the POINT OF BEGINNING; thence NOoo19'21"W, along a line 20.00 feet East of and parallel 10 the West line of the Northeast 1/4 of said Section 17, for 285.00 feet; thence N89046'53"E, for 5.00 feet; thence NOoo19'21"W, along a line 25.00 feet West of and parallel to the West line of the Northeast 1/4 of said Section 17, for 15.00 feet; thence N89046'53"E, for 5.00 feet; thence SOoo19'21"E, aJODg a liDe 30.00 feet East of and parallel to aforesaid West line, for 300.00 feet; thence S89045'49"W. for 10.00 feet to the POINT OF BEGINNING and containing 2,925 square feet, more or less. .! t;\drawiD~\bumplon\OO7~l.1l;gJl lU.8" " 12/18/92 QQaiuby.O.l:lC$ rev. 3}211/93 jdw rev. 9/11J/94 rule 10/31/94 nne 3/U/9S eM ~ . ':. "l I ") AL T A Owner's Policy with Florida "Modifications (10"17"92) Fjolicy of !itl~ IhsuranFe Issued By Nations Title Insurance of New York Inc. lilt o 268- 738818 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BANDTHE CONDITIONS AND STIPULATIONS, NATIONS TITLE INSURANCE OF NEWYORK INC., a New York Corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage;notexceedingtheAmount of-Insttrancestated in Schedule A, sustained orincurredby the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. By: Nations Title Insurance of New York Inc. ~~~ F'resictent ~l(of.t-) Attest: Secretary 2635 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance 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 forthe 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 resultsfrom 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. 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 repre- sentatives, next of kin, orcorporate or fiduciary successors" (b) "insured claimant": an insured claiming loss or damage" (c) "knowiedge" 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 Sched- ule 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, Janes, 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, "pub- lic records" shall also include environmental protection . I 2635 CONDITIONS AND STIPULATIONS 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 appar- ent 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 convey- ance 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 estilte 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" (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding orto do (continued on inside back cover) Owner's Policy Schedule A (Florida) I E I OWNER TITLE INSURANCE POLICY SCHEDULE A '---=:: -------- -------- ------" ---------- Amount of Insurance: $ 8,500.00 Policy No. 0 268-738818 Issued Pursuant to Commitment No. C 18-022650 File No. 95-17246 Effective Date and Time of Policy April 3, 1995 p.m. at 5: 49]:ffi a.m. 1. Name of Insured: CITY OF CLEARWATER, FIDRIDA 2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows: FEE SIMPLE 3. The estate or interest referred to herein is at the effective date of policy vested in the insured. CITY OF CLEARWATER, FIDRIDA 4. The land described herein is encumbered by the following mortgage and assignments, if any: 5. The land referred to in this policy is described as follows: SEE ATrACHED EXHIBIT "A" This policy is not valid unless Schedule B is attached hereto. 635 . I . EXHIBIT "A" r I A strip of land being the West 10:00 feet of that certain property described in Official Records Books 5846 on Page 212? and 5832 on page 2131 of the Public Records of Pinella~ County, Florida, lying within the Northeast 1/4 of Section 17, Township 29 South, Range 16 East and being more particularly descr.ibed as follows: Commence at the Southwest corner of the Northeast 1/4 of said Section 17; thence NOOo19'21"W, along the West line of the Nor~heast 1/4 of sa~d Section 17 for 735.00 feet; thence N89 45'49"E for 20.00 feet to the POINT OF BEGINNING; thence NOOo19'21"W along a Une 20.00 feet East of and parallel to t.he West line of the Northeast 1/4 of said Section 17 for 285.00 feet; thence N89046'53''E for 5.00 feet; thence NOOo19'21"W alon9 a line 25.00 feet East of andparall~l to the West line of the Northeast 1/4 of said Section 17, for 15.00 feet; thence N89046'53''E for 5.00 feet; thence SOOoI9'21"E along a line 30.00 f.eet East of and parallel to aforesaid West line, for 300.00 feet; thence S89045'49''W for 10.00 feet to the POINT OF BEGINNING 95-17246 Owner's Policy Schedule B Florida I : ~ I OWNER TITLE INSURANCE POLICY SCHEDULE B Policy No. 0 268 738818 File No. 95-17246 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 7. Subject to Taxes for the year 1995 and thereafter, which are not due and payable. 8. Easement to PINELIAS COUNl'Y WATER m1PANY, as recorded in Deed Book 1465, Page ID5, Public Records of Pinellas County, Florida. 636 . 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 Corr.pany 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 Of- proceeding, securing evidence, obtaining witnesses, pros- ecuting 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 obliga- tions 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 claim- ant 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 pro- duce 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 Com- pany, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursu- ant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is neces- sary in the administration of the claim" Failure of the insured claimant to submit for examination under oath, produce other reasonable 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. 2635 I CONDITIONS AND STIPtJLA TIONS (continued from inside front cover) .: ,I l .f? 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, .#Ie Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. (i) To payor tender payment of the amount of insurance under this policy together with any costs, attor- neys' 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. (ii) 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 againsLundar this policy, together with any costs, attor'r neys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation" 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured 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 in- sured 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 payonly-tllosecosts, attor- neys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations" 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single 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 improve- ments 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 10 this policy" 9. LIMITATION OF LIABILITY. (a) If the Company establish~s 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 I 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 Com- pany 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, ad- verse to the title as insured" (c) The Company shall not be liable for loss or dam- age 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 re- duce the amount of the insurance pro tanto" 11, LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insur- ance 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 Condi- tions and Stipulations, the loss or damage shall be pay- able within 30 days thereafter" 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued" If requested by the GQlIlpany, 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 subroga- tion" The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss" If loss should 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, guaran- ties, other policies of insurance or bonds, notwithstanding any terms or conditions contained In those instruments (continued on back) which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pur- suant to the Title Insurance Arbitration Rules of the Ameri- can 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 attor- neys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevail- ing party" Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdic- tion thereat I CONDITIONS AND STIPULATIONS (continued fron~ inside t'-ick cover) I 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 Com- pany 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 inter- preting 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 vali- Policy of Title Insurance Issued By dating 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 provi- sions 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 ad- dressed to the Company at its Corporate Headquarters, 6800 College Blvd., Suite 700, Overland Park, KS 66211. In the event there are any questions concerning the coverage continued herein or should the insured desire to communicate a complaint to the Company, please contact the Regional Office of the Company by calling 1 (800) 637-0487. Nations Title Insurance of New York Inc. 6800 College Blvd. / Suite 700 / Overland Park, Kansas 66211 913-491-5585 2635 ----=--~....-.............----- AL TA COMMITMENT Schedule A 1 I COMMITMENT FOR TITLE INSURANCE SCHEDULE A March 9, 1995 05:00 PM 95-17246 C 18-022650 Commitment No. Effective Date: 1. Policy or Policies to be issued: 8,500.00 (a) ALTA Owner's Policy $ Proposed Insured: CITY OF CLEARWATER, FLORIDA (b) ALTA Loan Policy $ Proposed Insured: Fee Simple 2. Title to the estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JOSEPH J. SOROTA, JR., AS TRUSTEE OF FLORIDA LAND TRUST NO. 172916 3. The land referred tQ in this Commitment is described liS follows:f f h . A str1p of land be1ng the West 10.00 eet 0 t at certa1n property described in Official Records Books 5846 on Page 2122 and 5832 on page 2131 of the Public Records of Pinellas County, Florida, lying within the Northeast 1/4 of Section 17, Township 29 South, Range 16 East and being more particularly described as follows: Commence at the Southwest corner of the Northeast 1/4 of said Section l7; thence NOOo19'21"W, along the West line of the Northeast 1/4 of said Section 17 for 735.00 feet; thence N89045'49"E for 20.00 feet to the POINT OF BEGINNING; thence NOOo19'21"W along a line 20.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17 for 285.00 feet; thence N89046'53"E for 5.00 feet; thence NOOo19'21"W along a line 25.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17, for 15.00 feet; thence N89046'53"E for 5.00 feet; thence SOOo19'21"E along a line 30.00 feet East of and parallel to aforesaid West line, for 300.00 feet; thence S89045'49"W for 10.00 feet to the POINT OF BEGINNING SZ-J-..-LEOJ 'fIlE SQUTiI 15 i'~~T THERE9F. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 550 NM6 ""1 I !;;' .. !.. . ~ y-" PURCHASE AGREEMENT PARCEL NO.: PROJECT 008.1 Hampton Road THIS AGREEMENT is made between LIMITED PROPERTIES, INC., a Florida Corporation, P. O. Box 4946, Clearwater, Florida 34624, hereinafter referred to as SELLER, and the CITY OF CLEARWATER, FLORIDA, hereinafter referred to as PURCHASER. WITNESSETH For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) Real estate or interest therein, identified as parcel 008.1 as shown on Right of Way Maps for Hampton Road in the NE~ of Section 17, Township 29 South, Range 16 East, between S.R. 60 and Drew street, incorporated herein by reference. [X] Fee Simple (Parcel 008.1) Reference: Exhibit "A" attached hereto. [] Permanent Easement (Section III. (b) does not apply) [] Temporary Construction Easement (Sections III. (b), III. (c) and III. (d) do not apply) . (b) Personal property identified as follows: NONE II . PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing. (b) Estimated transaction costs to be paid by PURCHASER on behalf of the SELLER $ $ 550.00 500.00 TOTAL PURCHASE PRICE INCLUDING TRANSACTION COSTS................. $ 1,050.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final acceptance by the Clearwater City Commission, which shall occur not later than 45 days following receipt by the City of Clearwater Engineering Department/Administrative Division of this agreement executed in duplicate by Seller. If City Commission acceptance is not timely obtained, Seller, at Seller option, may withdraw from this agreement by written notice to the City, and the agreement in its entirety shall thereafter be void in all respects. Final acceptance by the Clearwater City Commission shall denote final approval of the purchase price and alldeermz and conditio~1s contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final acceptance by the Clearwater City Commission, execution hereof by authorized City officials, and delivery to SELLER within 15 days thereafter. (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing. [X] SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay SELLER'S share of said prorated taxes as of the date of closing. [] SELLER agrees to pay all taxes for the current year. (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. SELLER shall have the option to remedy any title defect or encumbrance at SELLER expense prior to closing, or upon failure of SELLER to effect such remedy, PURCHASER may elect to pay such sums as are necessary to cure the title and any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in Section II. (d) Any extension of occupancy beyond the day of closing must be authorized by the PURCHASER in writing. During the period from the date of acceptance until SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) Closing costs being paid by PURCHASER include title insurance policy, title search, title examination and closing fee, documentary stamps on deed and recording fees. (f) PURCHASER agrees, and SELLER authorizes, restoration to the present or equal condition, any of SELLER'S remainder property up to but not more than five feet (5') abutting and easterly of the parcel being purchased that would in any manner be disturbed or impacted during construction of the Right of Way improvements. Such restoration shall be accomplished at PURCHASER'S expense and shall be completed not later than completion of the Right of Way improvement project. Page 1 or 2 "" J J I ~ IV. CLOSING DATE - POSSESSION This transaction shall be closed and the instrument of conveyance delivered within 45 days of the date of final acceptance by the City of Clearwater. Possession shall be delivered at time of closing. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and the Purchaser. There [ ] is [X] is not an addendum to this agreement. VI. IN WITNESS WHEREOF, THE SELLER has caused these presents to be executed in its name. SELLER: LIMITED PROPERTIES, INC., a Florida Corporation 3--~7-fr ~~" 7h <)(,/.~/< Jam Burns . Date: Pr . ent/Director Wti&~~ Estella L. Burns Date: Director 3 -drf ~ rs--' VIII. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER IN WITNESS WHEREOF, this IO~. day of the City ~ of Clearwater has caused these presents to be accepted , 1995. CITY OF CLEARWATER By: EliZab{f-M~e~itY Manager form and legal Attest: Mile Attorney Hamp008.ewb Page 2 of 2 , r . ,~ ~ "- ~ \j ~ ~ }:: \.l ~ ~(' ~ ~..rr ..... "1 ~ g ~~I \) ~~ I ~ k ! If) ~ ~'--' ~" ~ .. ' ~ 8 ~ ~ ~r\) ~ " ....SOUTHWe5T COR/Verz OF Ne!/4 of .secnoN 17- 2q-IC:-. '" ~ \ \)- (\J I 1"- ...... CJ ~ Q z o ~ ~ : ' rru~rM(Jl FQlli . , t;IIY rROJ(C1: I EXHIBIT "A" I THIS is NOT A SURVEY ~ ~ ~ o I 10 1 5 I SCALE." /",:/0' ~ " ~ " " ". \!J ~ ~ )J&j'4!fl'53 ~E 500' ~ o l!) ("1 U) \ON Q(i:l 00 @~ ~ . ~ ~ HP:::CJO ~(i:lZ(:QQ) HP-cH tJl 1-10 .ro P::: P:::P-c P-c . o ... '- ~" '- CJ @ }-:. \to CJ ': II '- . ~ '8 \0 ~ 55 ~ ~ N&?'45'41'e 25" 00' 'D , '.' (\J\) " ca- \1'-. "'-If) . '- CJ ~ {.I ~ ~ 651'4&'53"W 5OCJ' I h."by c"lily Iho\ Ih. S~.lch ond l.qol Docrirlion rcp....nl.d he. con WOI mode under my surervision ond Ihol Ihe Skelch ond L .qol Dncriplion meeh Ihe Minimum Technicol Slondords HI lorlh by Ihe Florido 800.d;>1 Prolenionol Lond Surveyors in Chopler ;>1I11l-G. Florido Adminislrolive Code. pursuonl 10 Hclion 472.027. Flo"do Slolul". Doled, NOT VALID UNLESS SIGNED Dr. TED lIIiD S T r.MP(O WITII (orl W. Rom,r. F1orido Regislered ~N EI,\9~~AL. lll~!.YU_~JGl- LEGAL DESCRIPTION: PARCEL 008.1 ^ 3trip of I:\nd ~ing the We~t 5.00 feet of that certain property described in Omcial ReCQrds Book 58)2, on pnge 2 \) 1 of the Public Recortl~ of rinell:L~ County, Rodtla. lying wilhin the Northel\S1 1/4 of Seclion 17, Township 29 Soulh, Rnnge 16 Enst nntl being more p1\fticuliuJy desCTi~d 115 follows: Commence 1I.t the Soulhwol corner or Ihe Northea.~t 1/4 of said Section 17; thence NOO'19'21'W, along the We~t line of the Northe""~t 1/4 of ~aitl Section 17, for 7'20.00 feet; thence N89'"45"49'"E, for 25.00 feet to the POINT OF UEGINNING; thence NlXrI9'21'W, IIlong a line 25.00 feet EJlst of nntl p~'nllel 10 the Wesl line of lhe Northellst I/~ of ~aid Section 17. fOf 15.00 feel; thence N89'"46'5rE, for 5.00 ket;ll]ence SOO'! 9'2 n3, nlongn line 30.00 (~et I!~I of and p:\raiiei 10 Ji.roresnid West line, for 15"00 feet; thence SI19'"46'5)"W,. for 5.00 feet to the PQINT OF DEGINNING nnd containing 75 squ:\re feet, more or less. (r) (\,,,01,, O~lo p" r'el tn, 0""01" D,la ,U n,(o.od.d w.'lllr"......"l (0) Op,.ln O.llt ,." 0,," O,nol" Ri9t'ol.or.W.,y (:"1'0" II P'9d,) Q,..ro1n QlfO(;oI Rnerd, 8011\ 0,,.,.111' rlol 0.0\ 0'''01" "'t... ".O"l. 0'"01" LA.or. It. l," D.roo1,. rlvt or ....~I O,no-" Sul,on 0''''010 lo.",t-.. Q'noln 'h"'9" O,noln 1".,,,",-1 Of 1J'~?'lnmt 0''''01" Pew..l 01 t'~'I'\(..,."nl ~(C. ,W~. nHG. r"0"8. p.O.C. .," re.ld on "0 ^C OF CLEARW A TER HAMPTON ROAD . KM ~ A~.f'OCIA rn., .we.. 249-45 U.S. H.,.-y., 19North Clnorwolltf, Florldo 3462J Phone (813) 791-14~1 PlMI: SKETCH & LEGAL DESCRIPTION SCALE: '" :-: 10' DA TE: 12/21/92 On^WN BY: nMC CKD BY la.c. EWR rB. PC. N/^ JOB NO.: 2' 31-005-000 SEC. TW. RGE. 17-29-16 SHEE T NO.: 1 OF 1 -.: II COMMITMENT Schedule B-II (Florida) I I COMMITMENT FOR TITLE INSURANCE SCHEDULE 8-11 C 18-022650 Commitment No. Schedule B of the Policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, 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 the Commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien or rightto lien for services, labor or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 7. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 8. SUBJECT TO TAXES FOR THE YEAR 1995 AND THEREAFTER, WHICH ARE NOT YET DUE AND PAYABLE. 9. Easement to PINELLAS COUNTY WATER COMPANY, as recorded inDeed Book 1465, Page 105, Public Records of Pinellas County, Florida. Schedule B-II consists of pages. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Jiif 556 1r ,-,IVIU I'"lV '-'..n.......... v.....vv ~\!i.~1J.s: ~EPARTMENT OF HOUSING AND URB4N DEVELOPMENT . ~., SETTLEMENT STATEMEN1 B. TYPE OF LOA N 1 0 FHA 2, 0 FMHA J. 0 CONV. UNINS VA CONY. INS 6. FILE NUMBER' 7. LOAN NUMBER' 95-17246 8. MORTGAGE INS. CASE NO.: 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 H(p.O.C.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D.NA~EOFBO~ROW~R: ADDRESS OF BORROWE"R: ... CITY ;OF:C~fJMufATJ!Rt,'FLORl.DA . }/,. ;,}.:~t,:>};~_!;1~_.I':'~'.i',<,-< ,"'':~~'' '. ",-:_", .'- I. . E. NAME OF SELLER: ADDRESS OF SELLER: JOSEPH J. SOROTA, JR., AS TRUSTEE OF FLORIDA LAND TRUST NO. 172916 F. NAME OF LENDER: ADDRESS OF LENDER: G. PROPERTY LOCATION: metes and bounds H. SETTLEMENT AGENT: PLAOE OFSETTLE~ENT: Clearwater, Florida COASTAL BONDED TITLE CO. OF CLEARWATER 50~i $OUTH, FT., IWtRISON '.. SUITE 203 CLEARWATER, FLORIDA 34616, I. SETTLEMENT DATE: March 31, 1995 SUMMARY OF BORROWER'S TRANSACTION 101. CQnti'lict.sales'p,r<:ei"i:T; 102. Personal property 103.SeiilelTlenich~fQ~~r1~'b~rrowElr: (frqm IIneJ400) 401. Contract sales W10e 402. Personal property 403. 404. 405." ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: , 406. City/town ~~~.k,\ to 407. County taxes to 408. Assessments .., to 409. 410. 411. 412. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 1M~i~":ci)~'It';fj}:~';::~.:~~~~rf[~~~tr~~~{,Rf9K~~:lfifY;i,tij;:~t;;t,'f:::~j.::i;?:~.~;~-;~:;;~::' '~~;~ {t' ;~f~~+ ;, VY.,,,,,, ,,~1_ ,Q,v",*I),,;~;,,tMf,,;,,,~\,,,!,~,,<,'ik} ~0-1*}Y'J;'d:~J,itf'-~- '>l~" >- .1lrl)./;' 'i;~"'t..~" _ ,-_-, 'kh 107. County taxes 108. ~sessment$"',i 109. 110; 111. 112. 201. Deposit or earnest money 202. Principal;~rnount of,/nl!W loan(~). 203. Existing loan(s) taken subject to 204. 205. 206. 207. 208, 209. 34.14 ',.,-.:' -. 510. City/town taxes . .511. Countyt~~$.,,~! 512. Assessments ,~13. 514. 515. 516. 517. 518. 519. 520. TOTAL REDUCTIONS IN AMOUNT DUE TO SELLER: to to to II 'I 3.01....G......r.o....s..S....8.mo. u.nt..d...u.e fr.om. b. o....r(.o.. w..e...f.. .(Iin..e,120) .... . . .". '. ,. ".;",\~,,,..->".. ..,.;.. 302...LeS$. amount p~id:by/fOr~t)ijfmw.fl/Jl^i!_11~2;;);t@!\ii~ I 'I 6QtGross~rnount~,ue to seller(line 420) "602.'Lessto1~LredI,lCtion$ in arnount due seller (line 520) 303. CASH (~FROM) (0 TO) BORROWER: 8,835.00 603. CASH ([){TO) (0 FROM) SELLER: ~ 8,465.86 8/89 1ft 904-398.8615 ~ 56,4"3538"000"1 HUD.1 (3-86) , r RESPA, HB 4305,2 ~ ~~I I L~M~NI ~. ' . IM.;T()~AL SALES/BROKER'S COMMI~SION: ., BASED ON PRICE 1 $ l;HAHl.it:~ @ %= 1 PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT . 'DIVl~ION OF COMMISSION (LINE 700) AS FOLLOWS: 701. $ to 702. $ to 703. Commission paid at settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN' 1 1 mo. to yrs, to yrs. to @$Y Iday 801. loan Origination fee % 802. Loan Discount % 803. Appraisal Fee to: 804. Credit Report to: 805. Lender's Inspection fee 806. Mortgage Insurance application fee to 807. Assumption fee 808. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE: 901. Interest from 902. Mortgage insurance premium for 903, Hazard insurance premium for 904. Flood Insurance Premium for 905. to 1000. RESERVES DEPOSITED WITH LEN DER 1oot. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments 1006. Flood Insurance 1007. 1008. months @ $ months @ $ mOl'lths @ $ months @ $ months @ $ months @ $ months @ $ months @ $ per month per month per month per month per month per month per month er month 1100. TITLE CHARGES: 1101. Settlement or closing fee toCoas t a 1102. Abstract or title search to Coastal 1103. Title examination to Coastal 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to (inc/udes above items Numbers: 1108. Title insurance to Coas tal (inc/udes above Items Numbers: 1109. lender's coverage $ 1110. Owner's coverage $ 8,50,0 .,09.. 111t 1112. 1113. Co. Co. Co. 25.00 120.00 20.00 BQ:ndedTi tl e Co. of Cl.e~rw~ter " ;. ,~,';:";/, l ",., ~ 100.00 120t Recording fees; Deed $ 1202. City/county tax/stamps: 1203. State tax/stamps: 1204. 1205. Deed $ Deed $ ; Mortgage $ ; Mortgage $ 59.50 ; Mortgage $ ; Releases $ 10.50 59.50 1300. ADDITIONAL SETTLEMENT CHARGES: 1301. Survey to 1302. Pest inspection to 1303. 1304. 1305. 1306. 1307. 1400. TOTAL SmLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K) ~ 335.00 I have carefully reviewed the HUD.1 Settlement Statement and to the best of my knowled and disbursements made on my account or by me in this transaction. I further certify ~h ."'"w,,,::~~ Sellers ve prepared is a true and/accurate account of this transaction. I have caused or will cause the funds to be nt.. I Date March 31, 1995 ,. File No. 95-17246 WARNING: I . a cr; e to knowlingly e false statements to the United States on this or any other similar form. Penalties upon conviction oao 'ool"d, a lioe 0' ,mp';,oomeol. Fo, detali, ,ee, TItle ,. U.S. Cod. 1001 sod Seetloo 1010. p .. This lwarranty Deed 1 ... ~ ~ Made this by JOSEPH J. SOROTA, JR., FLORIDA LAND TRUST NO. 31 s t day of March A.D. 1~ 5 AS TRUSTEE OF 172916 hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA whose post office address is: hereinafter called the grantee: (Whenever used herein the term "grantor. and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of $ 10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Pin e 11 a s County, Florida, viz: See Schedule "A" attached hereto and by this reference made a part hereof. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the gran!()r h~reby fully warrants the titlelo said land arid will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 19 94 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Name: Name a: Addrell: ell] JOSEPH J. SOROTA, JR., AS TRUSTEE Name: Name &: Address: ~ Name: Name ill Address: [i:S] Name:; Namt' de Address: ~ State of County of FLORIDA PINELLAS The foregoing instrument was acknowledged before me this 31 s t day of by March 19 95 JOSEPH J. SOROTA, JR., AS TRUSTEE OF FLORIDA LAND TRUST NO. 172916 who is personally known to me or who has produced as identification. PREPARED BY: LYNN HOFFSTETTER RECORD & RETURN TO: COASTAL BONDED TITLE CO. OF CLEARWATtDaName: 501 S. FT. HARRISON SUITE 203 Notary Public CLEARWATER, FL 34616 My Commission Expires: File No:95-17246 WD-l 5/93 l I , .....~.oj, ~ Schedule A A strip of land being the West 10.00 feet of that certain property described in Official Records Books 5846 on Page 2122 and 5832 on page 2131 of the Public Records of Pinellas County, Florida, lying within the Northeast 1/4 of Section 17, Township 29 South, Range l6 East and being more particularly described as follows: Commence at the Southwest corner of the Northeast 1/4 of said Section 17; thence NOOo19'21"W, along the West line of t.he Northeast 1/4 of said Section 17 for 735.00 feet; thence N89045'49''E for 20.00 feet to the POINT OF BEGINNING; thence NOOo19'21"W along a line 20.00 feet East of and parallel t.o the West line of the Northeast 1/4 of said Section 17 for 285.00 feet; thence N89046'53''E for 5.00 feet; thence NOOo19'21"W along a line 25.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17, for 15.00 feet; thence N89046'53''E for 5.00 feet; thence SOOo19'2l"E along a line 30.00 feet East of and parallel to aforesaid West line, for 300.00 feet; thence S89045'49''W for 10.00 feet to t.he POINT OF BEGINNING j..(f'ESS-THFi--seurrn 105 FEET THEREOF. ... Vl " " " : n , ;0 ;0 "II > en~ 0 r"'1 , ~ " r"'1 ^ r"'1 > I\) .. n ;0 0 m ~Oa -I -"'" ...0 0 ....~ 1\)> :I: -..... -< I\)~ :I: ... go - J:- 0 (0 .- I\) 3C m ""II G) "V 0 0 ):- .... :;Q > .- r- ~~ c~ 0 m (')al m Z . ~ en :a :a 0 n :0 0 ~ ^ - 0 "lJ J:- J:- mal :E-< -I C .... :D~ - 0 m ~ z :a "'" ~ z -" )>~ I\)~ ...0 ClJal "'z '0 o. 0" I (1l , 0 0 0 nN Vl "'''4O r"'1 ~aCO ...~ o~4O ;,.Ul ...... · ~c I ..... ~~ -91 in CD- . , c..~:I: "';0 -0. ~ me:') " ~'< !'1 co a.' ~ _0_ Vl .!.c..CO ~ ..z :I: .0)0 ... r"'1 _N~ j r"'1 ~- 0..... J 'Tlz ...9 ~ )'''! WEsr LINe OF Ne 14 0': .seCTION /7-zq-/tP. I-IAMP/ON IZOAD (CIZ. 144) NOO. 19' Z/"W; 735. 00' (iO)..~I~ C)l::" iOEAP-llJ61?") ~_ "- ~ ~ "- co' .o/W "'To PIIJeLLA5 cou~~ /Jeq"4Q5a" 8' fblNr OF P€IZ Ole. BooK 4.370, R4Ge Z..3B 5.00' . .. 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I I LEGAL DESCRIPTION: PARCEL 007.1 A strip of land being the West 10.00 feet of that certain property described in Official Records Books 5846, on page 2122 and 5832, on page 2131 of the Public Records of Pinellas County, Florida, lying within the Northeast 1/4 of Section 17, Township 29 South, Range 16 East and being more particularly described as follows: Commence at the Southwest corner of the Northeast 1/4 of said Section 17; thence NOoo19'21"W, along the West line of the Northeast 1/4 of said Section 17, for 735.00 feet; thence N89045'49"E, for 20.00 feet to the POINT OF BEGINNING; thence NOoo19'21"W, along a line 20.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17, for 285.00 feet; thence N89046'53"E, for 5.00 feet; thence NOoo19'21"W, along a line 25.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17, for 15.00 feet; thence N89046'53"E, for 5.00 feet; thence SOoo19'21"E, along a line 30.00 feet East of and parallel to aforesaid West line, for 300.00 feet; thence S89045'49"W, for 10.00 feet to the POINT OF BEGINNING and containing 2,925 square feet, more or less. f:\drawings\hampton \007-l.Ieg/1 KJ.B. 12/18/92 Closes by: 0.0069 rev. 3/24/93 jdw rev. 9/"}2,/94 nne rev. 10/31/94 nne rev. 3/"}2,/95 ewr ...... -'- '. I I PURCHASE AGREEMENT PARCEL NO.: PROJECT 007.1 Hampton Road THIS AGREEMENT is made between JOSEPH J. SOROTA, JR., AS TRUSTEE OF FLORIDA LAND TRUST NO. 172916, 28100 U. S. Highway 19 North, Suite 504, Clearwater, Florida 34621, hereinafter referred to as SELLER, and the CITY OF CLEARWATER, FLORIDA, hereinafter referred to as PURCHASER. WITNESSETH For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) Real estate or interest therein, identified as parcel 007.1 as shown on Right of Way Maps for Hampton Road in the NE~ of Section 17, Township 29 South, Range 16 East, between S,R. 60 and Drew Street, incorpurated herein by reference. [X] Fee Simple (Parcel 007.1) Reference: Exhibit "A" attached hereto. [] Permanent Easement (Section III.(b) does not apply) [] Temporary Construction Easement (Sections III. (b), III. (c) and III. (d) do not apply) . (b) Personal property identified as follows: NONE II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing. (b) Estimated transaction costs to be paid by PURCHASER on behalf of the SELLER $ 8,500.00 $ 500.00 TOTAL PURCHASE PRICE INCLUDING TRANSACTION COSTS................. $ 9,000.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final acceptance by the Clearwater City Commission, which shall occur not later than 45 days following receipt by the City of Clearwater Engineering Department/Administrative Division of this agreement executed in duplicate by Seller. If City Commission acceptance is not timely obtained, Seller, at Seller option, may withdraw from this agreement by written notice to the City, and the agreement in its entirety shall thereafter be void in all respects. Final acceptance by the Clearwater City Commission shall denote final approval of the purchase price and all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final acceptance by the Clearwater City Commission, execution hereof by authorized City officials, and delivery to SELLER within 15 days thereafter. (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing. [X] SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay SELLER'S share of said prorated taxes as of the date of closing. [] SELLER agrees to pay all taxes for the current year. (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. SELLER shall have the option to remedy any title defect or encumbrance at SELLER expense prior to closing, or any upon failure of SELLER to effect such remedy, PURCHASER may elect to pay such sums as are necessary to cure the title and any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in Section II. (d) Any extension of, occupancy beyond the day of closing must be authorized by the PURCHASER in writing. During the period from the date of acceptance until SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) Closing costs being paid by PURCHASER include title insurance policy, title search, title examination and closing fee, documentary stamps on deed and recording fees. (f) PURCHASER, at PURCHASER'S expense, covenants with SELLER to construct to applicable standards two (2) twenty-four foot (24') wide driveway cuts into the parcel being purchased herein. The cuts shall be provided at any reasonable locations as determined by the SELLER, as long as such locations are not in conflict with any applicable codes. Concrete aprons shall be constructed the full width of each cut, appropriately grading between the sidewalk to be constructed and the finished road- way to be constructed. Page 1 of 2 - ~. I I . . (g) PURCHASER agrees, and SELLER authorizes, restoration to the present or equal condition, any of SELLER'S remainder property up to but not more than five feet (5') abutting and easterly of the parcel being purchased that would in any manner be disturbed or impacted during construction of the Right of Way improvements. Such restoration shall be accomplished at PURCHASER'S expense and shall be completed not later than completion of the Right of Way improvement project. IV. CLOSING DATE - POSSESSION This transaction shall be closed and the instrument of conveyance delivered within 45 days of the date of final acceptance by the City of Clearwater. Possession shall be delivered at time of closing. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and the Purchaser. There [ ] is [X] is not an addendum to this agreement. VI. IN WITNESS WHEREOF, THE SELLER has caused these .presents to be executed in his name. SELLER: lqt~ JOSEPH J. OF FLORID TRUSTEE 172916 VIII. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER IN WITNESS WHEREOF, A:he qity of Clearwater has caused these presents to be accepted this ~ day of ~ ' 1995. CITY OF CLEARWATER By: Elizaffl';h ~ ~, City Manager Approved as to form and legal sufficiency: Attest: nt City Attorney /-- ../ -- ....... - - -- Hamp007.ewb Page 2 of 2 (~ ~ 8~ ~ V) "( ~- '< -Jt' Q ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ I ~ <! ~~ -3'i ()~ ~ -g l\j R;~ ~ ~ ~ ~ h \J Q ~~ ll.-...J () - ~~I' ~ ~ I ~ ~- ~~ :j~ "- \-.. ~~ '1 ....... . '" ~ .... ~ ~ '-=- I I EXHIBIT "A" lJerf'~'53'c 5.00' THIS IS NOT A SURVEY J~ r..J r ,j ScALe: I".ZO' I I AIJal-A':> cDUll1'1 w....lEt.l- CGMPp.u..( g~~T t::>Ee:P "'<:lOlL- 14u.c:; 1"5' lOS ~I / ~ ~ tll .... N I !i ~ ':i ~l\J1\) k I\l ~ ~~~ ~ @ ~ ~~ ~~~ ~~~ ~~~ ~ ~'~:'O'"bY ..::' ~r:d.lh:~d~~' ~'1l':~;t::I~IO~ ~ ~:'d OI~~~'lfh'~uS"'t.cl~'h' '.:~l'd l"ol OUClipliD" mecls Ihc Mil'll"";", !c(h~l,al SlOl\4oqh "I lorlh by Ihe r'odd. Ooold 01 P,.full."ol lo"~ S...,....t'O~1 In ''''oplc, 211111-6, rlo"do A mlnitlroll.... Code. ;'U.fU::Ol'l'V' ~ no,," I r.. ~~ Oolcd. NOT A 0 U L 5 SIGN(D . DAlEO NO 1 '/-APEO WITH t.d W. om". Florida A".'lt"d AN ..M.a.QSHD seAL t llnll~yot No 'PJ Q ~ t ~ (ID REVISED 10/28/94 . LEGAL & SKETCH ~ ~ ~ ~ ~ , i\i Q: ~ jl', 00"01'1 0... ... 'Itl (Ill O....l.~ 0_" '0' III.(..~.~ 1...."'.....1 101 0.".10. 0.'. ,H 0... ItfW 0....101 ".,....Of....., "'.1.. 0.".... --...{.) S89.45'49.W :~: ::::::: :~;.:..:.u._. 0... 10.00' ..(. 0....1.. ".... sourHweST CO.eNeZ oF NC /f:1 01= .sECTION 17- ZCJ-ltO. ....D.L. I He. 1w,", II,.,. ".0.0. ,..O.C. 0....1.. M... ,f loll 0....1., f",. .' M:"", 0....1.. 1.,..."" 0....1.. T._....... 0..".... II..,. 0.....10. ,....., 0. II.~~_", 0.".1.. P....I 0. t._."......". PROXCT: prlEPAREO fOR: CITY OF CLEARWATER HAMPTON ROAD ~ K_~ ASSoqA~.we. 24945 U.S" fiwy. 19 North , Cleorwolor. ftorldo J462J Phono (6\J) 791-1~41 SCALE. 1- ;: 20' PLAN: SKETCH & LEGAL DESCRIPTION SHEE r NO": 'I OF 1 CKD BY/a.C. fB. PC. EWA N/A LEGAL DESCRIYnON: PARCEL 007.1 A strip of land being the West 10.00 feet of that certain properly described in Official Records Books 5846, on page 2122 and 5832, on page 2131 of the Public Records of PineUas County, Florida, lying within the Northe3.51 1/4 of Section 17, Township 29 South, Range 16 East and being more particularly descr:bed as follows: Commence at the Southwest corner of '"he Northeast 1/4 of said Section 17; thence NOO"19'21"W, along tile WC"stline of the Northeast 1/4 of said Section 17, for 735.00 feet; thence N89045'49"E, for 20.00 feet to the POINT OF BEGlNNING; thence NOO"19'21"W, along a line 20.00 feet East of and parallel to the West line of the Northeast 1/4 of said Section 17. for 300.00 feet; thence N89045'49"E, for 5.00 feet; thence NOOOI9'21"W, along a line 25.00 feet West of and parallel to the West line of the Northeast 1/4 of said Section 17. for 15.00 feet; thence N!l9"'46'53"E, for 5.00 feet; thence SOOOI9'21"E. along a line 30.00 feet East of and parallel to aforesaid West line, for 314.99 feet; thence S89045'49"W. for 10.00 feetlo the POINT OF BEGINNING and containing 3.075 square feet, more or less. f:\drawings\hampton \o07-l.Ieg/ I KJ.)3. 12/18/92 Closes by: 0.0069 rev. 3/24/93 jdw rev. 9/28/94 nnc rev. 10/31/94 nnc