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lIST # 94-099661
APR_ 6, 1994 6:09PM
PIVELLAS COUNTY FLA.
OFF . ~~lC. BK 8623 PG 299
- _ __ n___ _ ___ '.______
. of
STATUTORY WARRANTY DEED
THIS INDENTURE, is made this C, ti day of April, 1994, between JOHN W.
SEABOLT and DIANNE SEABOLT SIEMS, as tenants in common, each owning an
undivided one-half interest (collectively IIGrantorsll), and CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation (IIGrantee"), whose post office address is
P.O. Box 4748, Clearwater, Florida, 34618-4748.
W 1 T N E SSE T H:
Grantors, for and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration to Grantors in hand paid by Grantee, the receipt and sufficiency
of which are hereby acknowledged, have granted, bargained and sold to Grantee, and
Grantee's successors and assigns forever, the following described land, situated in
Pinellas County, Florida:
~~~~!XXal~~O
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INT _____..
The South 620 feet of the West 130 feet of the Southwest
1/4 of the Northeast 1/4 of Section 17, Township 29 South,
Range 16 East, all lying and being in Pinellas County,
Florida, LESS road right-af-way, and also LESS the North
100 feet and LESS the South 330 feet.
F":;:~;~_.___
~ Tj".
.'1.. I..' ______._.....
RlW___ THE PROPERTY DESCRIBED HEREIN IS
~~';:A~~~ -51' HOMESTEAD PROPERTY OF EITHER
,~ GRANTORS.
NOT THE
OF THE
SUBJECT to applicable land use and zoning restrictions and
to easements, reservations and restrictions of record, if any,
which are specifically not reimposed or extended hereby,
and to taxes for the year 1994 and subsequent years.
Grantors do hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever.
The tax parcel
17/29/16/00000/130/0600.
S--96000:2k?.
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number for the aforedescribed property is
The tax identification number for the Grantee is
o"'o....'.n... DLS 0' 0' 1"1' .-......, .....t:"
'-,l:.":wlU':' n '!-- b-lit licJlt"L
01 DED-SEABOLTl JOHN W
RECORDING 1
DOC STAMP COLLECT-DR219 3
$10.50
$!:;.;t:; nfi
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TO TAL:
tl 'E"u ~ M'" "'E~ll"\rR'ED'
loin \..r\ H I.l I'4'JC.; I.
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PINELLAS COUNTY FLA
?1.~~C. B~__~_~23 PG~?-~__
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the
day and year first above written.
WITNESSES:
rU~ ~t~~
Dianne Seabolt Siems
Prin ame: !Mld1l.e./ G. l.-t.(;tt"
~~~
Print Name: /?,f-Tj ~. (;,Mr
STATE OF FLORIDA )
COUNTY OF L-thAl )
The foregoing instrument was acknowle~bafore me this ~ daybf April,
1994, by JOHN W. SEABOLT, who i~onaIlY~o me, or ~hoPrpduced
as identification. . - , ,~'c;~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
. ,
(, . ~\';~J '.~
J . )', ]1.L) j .
I c1' ,~~- ,":;~_ .. - '~"'__~~;,,~,:
otaj\i Public ,,/< ,..', ." . ,;..)J>,~'.
. 1 -:.::JG' IN' "f' ,~~'.t :';)'7
rint Name: )-if}jle~ ..e('i..vC"~
My commission expire~"~~:,:,:,, ,', ::<t,,' ,..}.~",',','}'
,Y, .""U
Notary Public, State of ncWkht:t" ,~. '.
My Commiuion Expires July 19 ,,~i'4. ',}L..
Bonded Thru Troy Fain - In5UrQnce:~t:
',:',it,
~~
The foregoing instrument was acknowledged before me this h4 day of April,
1994, by DIANNE SEABOLT SIEMS, who is personally known to me, or who prodl:i69d
8.S identifioation.
~~Af).~
Notary Public
Print Name: j/ n-Llc; & )), aM?"
My commission expires:
PDG/35206
2
"<FFICIAL NOTARY SEAL.
PATRICIA D. 6RAF
NOTARY PUBliC STATE Of FLORIDA
My Commission Exp. MAY 31.1g9S ,
-~~ .- ~ '
'!/r~(; ~I.qhn.J&:~eabolt Fv n;:mn~:Jbolt S;pm!';, hp;rs to thp estatel_o..f Ruth G. Seabolt....d.e.ce..as-e<tl:.~_ellen
"'. ,- l. _-I '_ _ (Phone_~_ )
;:nd~UCit~~ Cle-;~ater , Florida, -a FiLoi:ida Municipal Corporation ("Buyer")
.,)/_ P'." O. Box 4748. Clearwater, Fl. 34618-4748 (Phone4n?-n04? .)
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Pr:Q~") and personal property ("Personally") (collectively "Property") upon the followin(
!err.1S and conditions. which INCLUDE the Slandards for Real Estate Transactions ("S!andard(s)") prinledon the reverse or aUached and any Riders and Addenda to this Inslrume~1
I. DESCRIPTION:
CONTRACT FOR SALE AND PURCHASE
(a) Legal descriplion of Reat Property located in County, Florida:
South 520 feet of the West 130 feet of the Southwest ~ of thp Northp:Jst .lr of Sprt;o~ 17,
Township 29 South. Range 16 -East, together will all hereditament!'; :Jnd & :Jppl1rten:Jncps thereon.
:~R~~~~~~~~iz:"p.~.~.~p'rl'.'..375.. HR~tnn.RORd....r.l. ea.~.ater.,..".nr' d."..3461q_39"f~o 4~
PAYMENT:
Pinellas
The North 190 feet of the
/I.
(a)
(b)
(ei
Deposit(s) to be held in escrow by N / A in the amount of .. $
Additional escrow deposit within N/ A days after Effective Date in the amount of .................................................... $
&Ibject to AND assumption of mortgage in good standing in favor of N / A
having an approximate present principal balance of .. $
N/A
N/A
P:,lrcha!:c money mort~3ge 30l..i note bearing ai1r.ual inki~::,t a,
~ iSde Atkie"dum; in amount or .................................. $
N/A
N/A
N/A
200CQOQ1'.otOOC *
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on Ppr An nllnnllm (4). unless extended by o\her provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restriclions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements or record (easements are to be located contiguous to Real Pro(lerly lines and
not more than 10 feet in width as to the rear or front lines and 7'h feet in width as to the side lines. unless otherwise stated herein); taxes for year of closing and subsequent
years; asSumed mortgages and pu,chase money mortgages, if any; other: None
; provided,
that there exists at closing no violation of the foregoing and none 01 them prevents use Of Real Property for Pub 1 i c Ri gh t - 0 f -Way purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but. if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
staled herein. 1/ occupancy is to be delivered before closing. Buyer assumes all risk of loss to Property from dale of occupancy, shall be responsible, and liable for mainlenan~e f,om
that date, and shalf be deemed to have accepted Property In its existing condition as of lime of taking occupancy unless otherwise stated herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions Of Contract in conflict with them.
X. RIDERS: (CHECK if any of the fOllowing Riders are applicable and are attached to this Contract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (e) 0 RiEIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER
(e) 0 FHA/VA RIDER
(f) GQ OTHER: Radon (see Addendum)
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign 0((2) KJ may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) j{,kis attached or (2) 0 lhere is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
XIV. DISCLOSURES: Buyer U acknowledges or 0 does not acknowledge receipt of 1~/radon~~KMill:lil/KlKlM~~~isclosures...
THIS IS IN'TENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADViCE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any 01 the terms and conditions in this Con/me/ should be accepted by the parties in a particular transaction. Terms
and conditions should be negol/ated based upon the respective interesls, objectives and bargaining positions 01 al/ interested persons.
COPYRIGHT 1991 BY THE FLORIDA BAR AND THE FLO IDA ASSOCIATION OF REALTORS
Date
.,~
.,<~-. ,~"', i~
p
1J.!NbL Dale
-._tL~/~ D2te
..~ll /'i'j
erk I '
.' _ I (2.~/P~ Date
r.- ,Clt~/ At-:torney ,'I
c ived;/F OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE; (CHECK AND COMPLETE THE ONE APPLICABLE) By;
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT;
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
o
--f~~3- Data,
NO.
N/A
(Escrow Agent)
..
IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
seller agrees to pay the Broker named below, allrme of closing, from the disbursements of the proceeds of the sale. compensation in the amount of (COMPLETE ONLY ONE)
- %01 gross purdiase price or $ for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing
Contract. If Buyer falls to perform and deposil(s) is retained, 50% thereof, but not exceeding the Broker's tee above provided, sl1all be paid Broker as full consideration for Broker's
services, including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall net close because of refusal or failure of Seller to perform, Seliershall
pay the full fee to Broker on demand. In any HUgetion arising out of the Contract concerrJing the Broker's fee, the prevailing party shall recover reasonable attorney's fees and C03tS.
(!irm name 01 listing Broker)
B'r
(alllhortzed signatory)
(lirm name of selling Broker)
By;
(aulhQ';Zolt Sig""ttll y)
(Seller)
R!f:\rr.~ C,I\N RF ('_~RT" !~.1r~-r. rn()~." n...... . -, "'1''\ ~ ,', (~;
". r ..-':" r' r" ,'. ~ T"'P ('
(SAII"r) ,/) ;>;"._
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(;j)/ '1
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I i
S (ANDARDS FOR REAL ESTATE TRANSACTIONS i
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A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing t,rm)
purporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records 01 the county wherein Real Property is located through
Effective Date and which shall commi!nce with the earliest public records, or such later date as may be customary in the county, Upon closing of this transaclion, the abstracr shall
I)ecome the property 01 Buyer. subject to the right of retention thereof by Ilrsl mortgagee until fully paid, (2) A title insurance commitment issued by a Florida licensed litle insurer
agreeing to issue to Buyer. upon recording of the deed to Buyer, an owner's policy of litle insurance in the amount of Ihe purchase price insuring Buyer's title tc the Real Property.
subject only to liens. encumbrances. exceplions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey
markelable litle subject only to liens, encumbrances, exceptions or Qualifications specilied in the Contract Marketable tille shall be determined according 10 applicable Title Standards
adopted by aulhority of The Florida Bar and in accordance with taw. Buyer shall have 30 days, if abstracl, or 5 days, if tille commitment, from date 01 receiving eVi<!ence of title
to examine it. II title is found delective, Buyer shall, within 3 days, nolify Sellur in writing specifyiny delect(s). If Ihe ddect(s) render title unmarketable, Seller wiU have 120 days from
receipt ul notice within which to remove the defect(s), failing which Eluyer shall have the option of eitl1er accepting the tille as it then is or demanding a refund of deposit(s) paid
which shall immediately be returned to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations under the Contract. Seller shall, if title is found unmarketable,
use diligent efforl to correct defect(sl in the title within the time provided therefor, including the bringing of necessary suits,
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide lor a 30-day grace peried'in
the event of default if a first mortgage and a 15-day grace period iI a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall
not permit acceleration pI' interest adjustment in event of resale 01 Real Proper:y; shall require all prior liens and encumbrances to be kept in good standlllg and forbid modifications
of or futur" advances under prior mortgage(s); and the mortgage, note and security agreement snail be otherwise in form and content required by Seller; but Seller may oniy require
clauses customarily lound in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or st'ate or national banks located in the county
wherein Real Property is located. All Personally and leases being convey"d or assigned will, al Seller's option, be subject to the lien of a security agreement evidenced by recorded
financing statements. If a balloon mortgage, the fin,,1 payment will exceed Ihe periodic payments thereon,
C. SURVEY: Buyer, at Buyer'S expense". within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida
surveyor. If survey shows encroachment on Real Properly or that improvements tocated on f~eal Properly encroach on setback lines, easements. lands of others or violate any restrictions.
Contract covenants or applicabie governmental regulation, the same shall constitute a tille defect. '
D. TERMITES: Buyer, at Buyer's, expense, within time allowed to deliver eVidence of lille and to examine same, may have Real Property inspected by a Florida Certified Pest Control
Operator to diltermine if there is any visible active termite infestation or visible existing damage from lermile infestation in the ,improvements. If either or both are found, Buyer will
- 'havc' '4 days. :co;T:--jc;I:>ot ,...,;H~r.r:o!ic,,-thereef,..wi!!1iD- whi'~l1lo have .alL r1amilgeB,whetheLvisibteJ:lCJ}otLio~peCI()dand,c,stirnate(f byri Iiciinsed.'Ouilder orgenercll contractor. Seller
sl1all pay valid costs 01 Ireatment and repair of all damage up to 2% of purchase price. Should such costs exceee] thi;t amoui1C Buyer sI1,;il have ilie- OPUOi,-'6f cancelling Confract
within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive
a credit af closing cf an amount equal to the total of the treatment and repair estimate not in excess of 2% o! the purchase price. "Termites" shall be deemed to include all wood
destroying organisms required to be reporled under the Florida Pest Control Act.
E, INGRESS AND !OGRESS: Seller warrants and represents thai there. is ingress ,and egress to the Real Properly sufficient for the intenoed use as described in Paragraph VII hereol,
title to which is in accordance with Standard A,
F. LEASES: Seller shall, nol less than 15 days before closing, furnish to Buyer copies of all written .Ieases' and estoppel letters from each tenant specifying the nature and duration
01 th8 'tehant's occupancy; rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter Irom each tenant, Ihe same information shall be
'Iurnished by Seller to Buyer within that time period in the form 01 a Seller's affidavit,and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing,
deliver and assign all original leases to Buyer.' , _.
G. LIENS: Seller shall furnish to Buyer at time 01 closing an affidavit attesting to the absence, unless utherwise provided for herein, of any financing statements, claims of lien or
potential Iienors known to Seller and lurlher attesting that there have been no improvements or repairs to the Property lor 90 days immedial<;!ly preceding date of closing. If Property
has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers and materialmen
in addition to Seller's lien affidavit setting forth the names of all such general conlractors, subcontractors, suppliers and materialmen and lurlher affirming that all charges lor improvements
or repairs which could serve as a basis lor a mecl1anic's lien or a ctaim for damages have been paid or will be paid at closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller.
I. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or nationa'j legal holidays, and any lime period provided for herein
which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m, 01 the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed. bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective Instrumenls.
Buyer shall furnish closing statement, mortgage, mortgage nOle, security agreement and financing statements.
i<. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
morlgage to Seller, deed and financing statements shall be paid by Buyer.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have
the option of taking over any existing policies of i,lsurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
IUQuired by prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposils will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,
homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. It current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements
on the Real Property by. January 1st of year of closing which improvements were not in existence on January 1st of the prior year. then taxes shall be prorated based upon the
prior year's millage and at an. equitable assessment to be agreed upon between the parlies, failing which, reQuesl will be made to the County Property Apprais,er for an informal'
asse~sment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either Buyer or Seller, be subsequently readjusted upon receipt
of tax bill .on cor.dilion that a. st,,!ementjo that ene;:t~,ifltheGlos~19_sMl'![llel}t,_.,
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liMs as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens
as 01 dale of closing shall be assumed by Buyer. If the improvement has been subslantially completed as of Effective Date, such pending lien shall be considered certified, confirmed
or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement b,' the public body.
N. INSPECnON, REPAtR AND MAINTENANCE: Seller warrants thaI. as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior We !Is,
seawalls (or equivalent) ,and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank. pool, all appliances, mecha";:::al
items. heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION, Buyer may, at Buyer's expense, have inspections made of those items by a firm
or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an approprialely licensed Florida contractor. Buyer shall, prior
to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above standards as to defects.
Unless Buyer reports such defects wifhin that time, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are required,
Seller shall cause such repairs to be made and shall pay up to 3% 01 the purchase price for such repairs or replacements as may be required in order to place such items in WORKING
CONDITION. It the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either parly may cancel
Ihis Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice. provide utilities service
and access to the Properly for inspections, including a walk-through prior to closing, Between Effective Date and the dale of closing, except for repairs required by this Standard,
Seller shall maintain Properly. including, but not limited to, the lawn and shrubbery, in Ihe condition herein warranted, ordinary wear and tear excepted.
O. RISK OF LOSS: If the Property is damaged by fire .or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so
damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed al closing, If the cost
of restoration exceeds 3% of the assessed valuation 01 the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or 01 cancelling this Contract and receiving relurn of deposit(s).
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If abstract, evidence 01 title shall be continued at Buyer's expense to show
Ii tie in Buyer. without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the 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 aileI' closing date. If Seller's title is rendered unmarketable.
tt-,rough no lault of Buyer, Buyer shall, within the 5-day period, notily Seller in writing 01 the defect and Seller shall have 30 days from date of receipt of such notification to cure
the defect. II Seller fails to limely cure the defect, all deposit(s). and closing funds shall, upon wrillen demand IJY Buyer and within 5 days afler demand, be retu,rned to Buyer and
simultaneously with such repayment. Buyer shall return Personafiy and vacate Properly 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 01 warranties contained in Ihedeed.
if a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of-day and procedures for closing,
and fOl' disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the rigl1t 10 require Irom the lending institution a written commitment
!hal it will not withhold disbursemenl of mortgage proceeds as a result ot any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived iltitle agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended.
O. ESCROW: Any escrow agent ("Aqent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly. hold same in escrow and, subject
to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties
or liat-i1ll1es under the provisions of Contract, Agent may, at Agent's option, continue to hold the subjecI matter of the escrow until the parties mutually agree to its disbursement
or until a judgment of a COUl'l of competent jurisdiction shall determine the rigl1ls of the parties or Agent may deposit same wilh the clerk of the circuit court havin\j jurisdiction
,:>f the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent sl1all fully terminate, except to the extent of accounting for any items previously
1~(!liverF:(j ouLof--$s~rc""~'; !t -_.:1 ::~cn,~:i_r~a; ?st3~e--brclter.~_~,lt -_'.w;U cO;1-};::>ly :,~....-~I1_P~Qv:.Jjq}'1~__ ()LQh~R1cr-_4],5; _F.S,_ {19"fi9}: .:is ?rn~ndc9-. -An? ?Ui!.-_t.~!'Neen S:.:yer_ ar.~', St;Ik:I"-wMercin:-/'ige-nt:-
is made a party because 01 acting as Agent hereunder, or in any suit "Jherelli A9~rit jn'erple~ds- tile SlJbjtJcl- malleI-OJ Ihe" -e~C1uw, Agenl- SC"lctH- ~UCO\l;( (ea~vllgb!u attorTiB'{S fecs-
and costs incurred with the fees and cosls to be paid lrom and out of tile escrowed funds or equivalent and charged and awarded as courl costs in favor 01 the prevailing party.
Pilrt,;es agrcJe, Ihat Agent shall nol be tiable 10 any party or person for misdelivery 10 Buyer or Seller of items subject \0 this escrow, unless such misdelivery is due to willful breach
01 this Contract or gross negli9.ence of Agent. .
R. ATTOf,NEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation which, for the purposes of Ihis Standard, sh<lll include Seller, Buyer,
listing broker. Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PEHFORMANCE: If Buyer fails to perform this Contracl wilhin the time specified, including payment of all deposit(s), Ihe deposit(sl paid by Buyer and deposit(s)
agreed to be paid. may be retained by or for the account 01 Seller as agreed upon liquidated darni'lges, conSideration lor Ihe execulion of this Contract and in full settlement of any
claims; whereupon. Buyer and Seller .shall be refieved of all obligations under Contracl; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract.
If, .for any reason other than failure of Seller 10 make Seller's tille marketable after diligenl effort, Selle I fails, neglecls or refuses to perform Ihis Contract, 1110 Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) withollt thereby waiving any action for damages resulling from Seller's breach.
T. COIHRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract, nor any nolice. of it, shall be recorded in any public records, This Contract shall bind and
inure to the benefit of the parlies and their successors in interest. Whenever the conlexl permits, singular shall include plural and one gender shall include all. Notice given by or
to the atlorney for any party shall be as effective as if given by or to that party,
U. CONVEYANCE: Seller shall convey title to the Rea! Property by statutory warranty, trustee's, personai representative's or guardinn's deed, as appropriale ,to the stat~s 01 Seller.
subjecJ only to matters contained in Paragraph VB and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale With warranty
of title, subject only to such matlers as may be o!herwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be.binding ~,pon Buyer or Seller lInless includeu in this Contract. No modification or chan')e in
this Contract shall be valid or binding upon the parties ur.less in wrrling and executed by the pmty or pnrlies inteneled to b" bOl/nd by il
W, INARRANTIES: Seller warrants that there are no facts known to Seller materially allectin\J tile villue 01 th" Real Property which are not readily observable by Buyer or which
n~~\'e 'nOl been disclosed to Buyer. .
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2) Following execution of this agreement by Seller, this offer
shall be held unconditionally open for approval and acceptance by
the Clearwater City Commission for 45 days following receipt of the
agreement by William C. Baker, Public Works Director of the City of
Clearwater, date stamped in his office upoh receipt.
3) If this agreement is not approved and accepted as written by
the Clearwater city Commission within the time allowed for approval
and acceptance; or if any or all of the provisions in paragraph 1)
above are not, or cannot, be met to Buyer satisfaction, after Buyer
having put forth all good faith efforts to satisfY said provisions
within 90 days of acceptance by the Clearwater City Commission;
then, in either of the foregoing events, Buyer shall have the
privilege of notifying Seller in writing of Buyer intent to
withdraw from the agreement. Such notification shall deemed to be
effective upon mailing via u.S. Mail, return receipt requested, and
this agreement shall thereafter be void in all respects, and all
parties hereto shall be relieved of any further obligations
whatsoever regarding this agreement. If no notice of intent to
withdraw is given Seller as set forth above, within the time allow
as above, it shall be deemed that all of the provisions as detailed
in paragraphs 1) and 2) have been met to the full satisfaction of
the Buyer and they shall thereafter be void and of no further
effect concerning closing of this transaction.
4) Upon all of the other terms and provisions of this agreement
having been met by the parties hereto, except closing and
possession, closing shall take place and possession shall be
delivered to buyer within fifteen (15) days following time allowed
in paragraph 3) above.
5) The parties hereto acknowledge that the purchase price is based
on a market value appraisal of the unencumbered fee simple interest
of the property described herein as performed by Hunnicutt Arnold,
Inc. on September 28, 1993, that each party is in receipt of a copy
of said appraisal report and accept the validity of its contents.
6) RADON DISCLOSURE (Notice To Buyer): Radon is a naturally
occurring radioacti ve 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. This
disclosure is made pursuant to Section 404.056(8), Florida
Statutes.
ACKNOWLEDGED and agreed as of the day and d
written.
first above
WITNESS
WITNESS
CITY OF CLEARWATER
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Rita Garvey
Mayor-Commissione
By: ~.~.
Elfza~ M".' D~ptula
Interim City Manager'-' "
form
ATTEST:
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ADDENDUM
TO THAT ~NTRACT FOR SALE AND PURCHASE dated the /tf-tJ..
day of , 1993, by and between JOHN W.
SEABOLT, Adm1n1strator of and an heir to the estate of Ruth G.
Seabolt, and DIANNE SEABOLT SIEMS, an heir to the estate of Ruth G.
Seabolt (as SELLER); and the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation (as BUYER), of real property commonly
identified as 375 Hampton Road, Clearwater, Florida 34619-3920.
TO WIT:
1) Closing by Buyer of the transaction contemplated herein is
conditioned upon the following provisions having been fully met to
Buyer satisfaction:
A. BUYER'S RIGHT OF ENTRY. During the pendency of
settlement of this transaction, Buyer and/or its agents shall be
permitted to have access to the premises, subject to the rights of
Seller, to make surveys, make measurements, conduct environmental
or engineering tests (including drilling and coring for
preconstruct ion soil analysis), and otherwise make such physical
inspections and analyses thereof as Buyer shall deem necessary;
PROVIDED, however, that Buyer hereby assumes all risks of such
entry and agrees to defend, indemnify and save Seller harmless from
and against any claim, cost or expense resulting from any damage to
or destruction of any property (including the premises) and any
injury to or death of any person(s), arising from the acts or
omissions of Buyer or its agents in the exercise by Buyer or its
agents of this right-of-entry, and Buyer agrees to do no act which
would encumber title to Premises in exercising this right-of-entry.
Any damage to the Premises or improvements resulting from Buyer's
entry onto the Premises shall be repaired or correct.ed at Buyer's
sole cost in the event this transaction does not close. Any
drilling and coring holes shall be filled upon completion of
testing. Mowing and chopping to facilitate access for activities
under this provision shall be done by Buyer at Buyer's sole risk,
cost and expense.
B. ENVIRONMENTAL CONTAMINATION. If environmental
contamination of the Premises is revealed by the studies and tests
conducted by Buyer during pendency of settlement of this
transaction, in an amount and/or concentration beyond the minimum
acceptable levels established by current applicable governmental
authorities, Buyer's sole and exclusive remedy shall be to
terminate this Agreement. Under no circumstances shall Seller be
required to correct, remedy or cure any condition or characteristic
of the Premises, including but not limited to any environmental
contamination which Buyer's tests and studies may reveal, as a
condition to Settlement or other performance hereunder. If Buyer
does not elect to terminate, or elects not to secure any tests or
inspections, Buyer shall take the Premises "As Is" and assumes all
risks of condition of the Premises. EXCEPTION: As a condition of
purchase, Seller agrees to remove from the property and properly
dispose of 55 gallon oil drum and its contents presently standing
at the rear of carport/shed.
C. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) APPROVAL.
Buyer shall request FDOT inspection and approval of the subject
parcel as meeting all detent:.ian/retention"-requi:rements-associated
with roadway improvements to be made to Hampton Road. Closing this
transaction is conditioned upon obtaining such approval.
D. BOUNDARY I TOPOGRAPHICAL SURVEY. Buyer, at buyer
option and expense, shall have the privilege of having premises
surveyed by a Licensed Surveyor to ascertain exact property
dimensions and topographical suitability of site for the right-of-
way purposes intended. Minimum acceptable property dimensions to
be confirmed by survey shall be 190 feet by 130 feet.
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Commonwealth@
Land Title Insurance Company
POLICY NUMBER
IbS-S32391
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unrnarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
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At"" ~ OfJ/~; By /f7 [/ ~ .
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting 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.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
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 and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (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.
American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Form 1005-96 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
CONDITIONS AND STIPULATIONS
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 may have had against the named insured, those
who succeed to the interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees,
survivors, personal representatives, next of kin, or corporate or fiduciary
successors.
(b) "insured claimant": an insured claiming loss or damage hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge or no-
tice which may be imputed to an insured by reason of any public records.
(d) "land": the land described, specifically or by reference in Schedule
A, and improvements affixed thereto which by law constitute real property;
provided, however, the term "land" does not include any property beyond the
lines of the area specifically 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": those records which by law impart constructive
notice of matters relating to said land.
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 so long as such insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from such insured, or so long as such insured shall have liability by
reason of covenants of warranty made by such insured in any transfer or
conveyance of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of either said
estate or interest or the indebtedness secured by a purchase money mortgage
given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall provide
for the defense of an insured in all litigation consisting of actions or proceed-
ings commenced against such insured, or a defense, interposed against an
insured. in an action to enforce a contract for a sale of the estate or interest in
said land, to the extent that such litigation is founded upon an alleged defect,
lien, encumbrance, or other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in case
any action or proceeding is begun or defense is interposed as set forth in (a)
above. (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 such prompt notice shall not be given to the Company, then
as to such insured all liability of the Company shall cease and terminate in
regard to the matter or matters for which such prompt notice is required;
provided, however, that failure to notify shall in no case prejudice the rights of
any such insured under this policy unless the Company shall be prejudiced by
such failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to institute and
without undue delay 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, and the Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable thereunder, and
shall not thereby concede liability or waive any provision of this policy.,
(d) Whenever the Company shall have brought any action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any such 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.
(e) 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
hereunder shall secure to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for such purpose.
Whenever requested by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or defending such
action or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS-LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b) of these Condi-
tions and Stipulations, a statement in writing of any loss or damage for which it
is claimed the Company is liable under this policy shall be furnished to the
Company within 90 days after such loss or damage shall have been determined
and no right of action shall accrue to an insured claimant until 30 days after
such statement shall have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company under this policy as
to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise settle for or in the
name of an insured claimant any claim insured against or to terminate all
liability and obligations of the Company hereunder by paying or tendering
payment of the amount of insurance under this policy together with any costs,
attorney's fees and expenses incurred up to the time of such payment or,tender
of payment, by the insured claimant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no case exceed
the least of:
( i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured against by this
policy, all costs imposed upon an insured in litigation carried on by the
Company for such insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written authorization of the
Company.
(c) When liability has been definitely fixed in accordance with the condi-
tions of this policy, the loss or damage shall be payable within 30 days
thereafter.
Conditions and Stipulations Continued Inside Cover
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
Amount of Insurance:
$75,000.00
Policy No.
165-532397
Premium:
Date of Policy: April 6, 1994 at 6:09 p.m.
Company File No. CL295228
JBP File No. 33975.89068
1. Name of Insured:
CITY OF CLEARWATER
2. The Estate or interest in the land described herein and which is covered by
this policy is a fee simple, and is at the effective date hereof vested in the
named insured as shown by instrument recorded in Official Records Book 8623,
page 299, of the Public Records of Pinellas County, Florida.
3. The land referred to in this policy is described as follows:
The South 620 feet of the West 130 feet of the Southwest 1/4 of the
Northeast 1/4 of Section 17, Township 29 South, Range 16 East, all lying
and being in Pinellas County, Florida, LESS road right of way; also LESS
the North 100 feet and LESS the South 330 feet
Countersigned:
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Johnson, Blakely et al
P.O. Box 13 6 8
Clearwater, FL 346171368
or Agent
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Policy No.
165-532397
Company File No. CL295228
SCHEDULE B
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:
1. Easement in favor of Florida Power Corporation contained in instrument
July 2, 1976 in Official Records Book 4429, page 1638, as to the North
195 feet MORE OR LESS of the South 525 feet MORE or LESS of the West 130
feet of the Southwest 1/4 of the Northeast 1/4 of Section 17 aforesaid,
of the Public Records of pinellas County, Florida.
2. Matters disclosed by survey prepared by Allied Surveying, dated March 14,
1994, as Work Order No. 29233.
END OF SCHEDULE B
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(Continued)
CONDITIONS AND STIPULATIONS
7. LIMITATION OF LIABILITY
No claim shall arisc or be maintainable under this policy (a) if the
Company. after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect. lien or encumbrance or establishes the title. as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
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, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured in settling any claim or suit without prior written
consent of the Company.
8. REDUCTION 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. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured 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. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. 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 said parcels but not all, the loss shall be computed and settled on
a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled 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 such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant. such 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 hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company.
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 any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy.
No amendement of or endorsement to this policy can be made
except by 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.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall be addressed to Commonwealth Land
Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103-
2198.
American Land TItle Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Cover Page
Form 1005-8 Valid Only If Schedules A and B Are Attached
ORIGINAL
@
American Land Title Association
Owner's Policy - Form B - 1970
(Rev. 10-17-70 and 10-17-84)
-
POLICY
OF
TITLE
INSURANCE
Issued by
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Commonwealth@
Land Title Insurance Company
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHilADELPHIA, PA 19103-2198
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BUYER'S CLOSING STATEMENT
SELLER: JOHN W. SEABOLT and DIANNE SEABOLT SIEMS
BUYER: CITY OF CLEARWATER, a Florida municipal corporation
TRANSACTION: Purchase of 375 Hampton Road, Clearwater, FL 34619
DATE OF CLOSING: April 4, 1994
Sale and Purchase Price: $ 75,000.00
Costs and Expenses to Buyer:
Recording Fee for Warranty Deed
10.50
Total Costs and Expenses to Buyer
$
10.50
+
10.50
Total Amount Due from Buyer
$ 75,010.50
This Closing Statement is agreed to and approved by Buyer this ~ay of April,
1994.
CITY OF CLEARWATER,
a Florida municipal corporation
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PDG/35214
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SELLERS CLOSING STATEMENT
SELLER: JOHN W. SEABOLT and DIANNE SEABOLT SIEMS
BUYER: CITY OF CLEARWATER, a Florida municipal corporation
TRANSACTION: Sale of 375 Hampton Road, Clearwater, FL 34619
DATE OF CLOSING: April 4, 1994
Sale and Purchase Price: $75,000.00
Costs and Expenses to Sellers:
1994 Real Property Taxes
$ 243.15
482.32
85.00
525.00
431.25
4,000.00
2,000.00
5,000.00
1,500.00
1993 Real PropertyTaxes
Title Insurance Search Fee
Documentary Stamps on Deed
Title Insurance Premium
Broker's Fee - Klein & Heuchen
Legal Fees - Patrick Maguire
Settlement Payment - Bill and Wendy Colson
Estate Holdback - Johnson, Blakely Trust Acct.
Legal Fees - Johnson, Blakely, Pope,
Bokor, Ruppel & Burns, P.A.
1.550.00
Total Costs and Expenses to Sellers
$15,816.72
(15.816.72)
Net Proceeds to Sellers
$59.183.28
This Closing Statement is agreed to and approved by Sellers.
ADDENDUM
;J~~~~
Dianne Seabolt Siems
PDG/35401
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BUYER'S CLOSING STATEMENT
SELLER: JOHN W. SEABOLT and DIANNE SEABOLT SIEMS
BUYER: CITY OF CLEARWATER, a Florida municipal corporation
TRANSACTION: Purchase of 375 Hampton Road, Clearwater, FL 34619
DATE OF CLOSING: April 4, 1994
Sale and Purchase Price: $ 75,000.00
Costs and Expenses to Buyer:
Recording Fee for Warranty Deed
10.50
Total Costs and Expenses to Buyer
$
10.50
+
10.50
Total Amount Due from Buyer
$ 75,010.50
This Closing Statement is agreed to and approved by Buyer this & day of April,
1994.
CITY OF CLEARWATER,
a Florida municipal corporation
/'lcE
PDG/35214
I7iiI Commonwealth~
~ Land Title Insurance Company
Commitment For Title Insurance
COMMITMENT NUMBER
81lf-955S12
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affIxed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized OffIcer or Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
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American Land Title Association Commitment - 1966
Face Page
Form 1 004-34
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Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No. 814-955572
Company File No. CL295228
Effective Date: March 15, 1994 at 8:00 A.M.
1. Policy or Policies to be issued:
OWNER'S:
$
75,000.00
Proposed Insured:
CITY OF CLEARWATER
LOAN:
$
Proposed Insured:
N/A
2. The estate or interest in the land described or referred to in this Commitment
and covered herein is a fee simple, and title thereto is at the effective date
hereof vested in:
THE HEIRS AND DEVISEES OF RUTH GREEN SEABOLT
3. The land referred to in this Commitment is described as follows:
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF
Countersigned:
Johnson, Blakely et al
P.O. Box 13 6 8
Clearwater, FL
uthorized Officer or Agent
AMES G. LElHS
VALID ONLY IF FACE PAGE, SCHEDULE B AND COVER ARE ATTACHED
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Commitment No. 814-955572
Company File No. CL295228
LEGAL DESCRIPTION
The South 620 feet of the West 130 feet of the Southwest 1/4 of the Northeast
1/4 of Secction 17, Township 29 South, Range 16 East, all lying and being in
Pinellas County, Florida, LESS road right of waYi also LESS the North 100 feet
and LESS the South 330 feet
NOTE: The company reserves the right to make additional requirement and/or
exceptions upon, changes in legal upon receipt of survey.
END OF LEGAL DESCRIPTION
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Commitment No. 814-955572
Company File No. CL295228
SCHEDULE B-SECTION 1
The following are the requirements to be complied with:
1. Payment of the full consideration to or for the account of the grantors
or mortgagors.
2. Instrument(s) creating the estate or interest to be insured must be
approved, executed and filed for record:
a) Warranty Deed from THE HEIRS AND DEVISEES OF RUTH GREEN SEABOLT to
CITY OF CLEARWATER.
3. Payment of all taxes, charges, assessments, levied and assessed against
subject premises, which are due and payable.
4. Proper probate proceedings must be undertaken in the Circuit Court of
Pinellas County, Florida, in the estate of Ruth G. Seabolt, deceased,
authorizing or directing conveyance or determining who may convey the
insured lands to the insured, free and clear of claims and estate taxes
against said estate. The Company reserves the right to impose additional
requirements and/or exceptions to reflect any matters disclosed by the
foregoing proceeding.
5. A final order not subject to appeal pursuant to Florida Probate and
Guardianship Rule 5.405 determining whether the insured land constituted
the homestead of the deceased and, if so, in whom title is vested.
Notice of the petition for said order must be given to all interested
persons, including all creditors filing claims within the creditors'
claim period.
6. A nontaxable certificate or receipt issued by the Florida Department of
Revenue for the estate of Ruth Green Seabolt, a deceased (former) owner,
or in the alternative, provide evidence satisfactory to the Company that
no Florida tax is assessable on the above estate.
7. Submit proof that the conveyance described in Item 2 above is not subject
to claims or estate taxes against said estate.
8. The Company reserves the right to make additional requirements when
additional facts are disclosed by the compliance of the requirements
shown on Schedule B, Section 1 herein.
9. Provide proof by affidavit alleging sufficient facts to show that the
insured land did not constitute the homestead of Velma D. Green, nor was
the insured land contiguous to the homestead of said party on August 11,
1983, also that Velma D. Green, Grantor in Warranty Deed in Official
Records Book 5582, page 143, is one as the same as Velma V. Green, one of
the Grantees in Official Records Book 3459, page 874 and as to Marital
Status of Velma D. Green.
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Commitment No. 814-955572
Company File No. CL295228
10. An Affidavit which refrences the caption premises that states that Ruth
Green Seabolt Grantee in Official Records Book 5582, page 143 is one and
the same as Ruth G. Seabolt in Probate Case # 93-1978ES
11. Taxes and special assessments for the year 1993 must be paid, in the
gross amount of $465.12.
END OF SCHEDULE B-SECTION 1
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Commitment No. 814-955572
Company File No. CL295228
SCHEDULE B-SECTION 2
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 this Commitment.
2. Rights or claims of parties in possession not shown by the public
records.
3. Easements or claims of easements not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, and any other matters
which would be disclosed by an accurate surveyor inspection of the
premises.
5. 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.
6. Any claim that any part of said land is owned by the State of Florida by
right of sovereignty, and riparian rights, if any.
7. Taxes for the year of the effective date of this Commitment and taxes or
assessments which are not shown as existing liens by the public records
or which may be levied or assessed subsequent to the date hereof. Said
taxes become a lien as of January 1 of each year, but are not due and
payable until November 1 of that same year, pursuant to section 197.333
F.S.
8. Easement in favor of Florida Power Corporation contained in instrument
July 2, 1976 in Official Records Book 4429, page 1638, as to the North
195 feet MORE OR LESS of the South 525 feet MORE or LESS of the West 130
feet of the Southwest 1/4 of the Northeast 1/4 of Section 17 aforesaid,
of the Public Records of Pinellas County, Florida.
END OF SCHEDULE B-SECTION 2
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Commitment For Title Insurance
CONDITIONS AND STIPULATIONS
I. 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 8
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule 8 of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed fOr and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment - 1966
Cover Page
Form 1004-121
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COMMITMENT
FOR
TITLE
INSURANCE
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American Land Title Association
1966
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Issued by
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CommonwealthlD
Land Title Insurance Company
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Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHilADELPHIA, PA 19103-2198
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B 1004-121
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