Loading...
GERTRUDE NALL (2) X~"\~i ~/':\l II v y.' t. ~ ~., .. I , \, .' -<' '.../i... 'I/.j. /">" r\' . ~\ I I RAMeo FORM 8 6h-v JY>1'f, " !.> ' /', " O'.'IT,Ctn:,\ :JHO """t-:,"t I iJl1tS I Qait-€laim 3l1eed, GERTRUDE 81150777 E~ecuted this 14 t h day of I '(v September , A. D. 19 81 ,by S .. NALL first party, to O.R. 5 2 5 0 PAGE 2 5 .~. CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose postoffice oc/dress is PO Box 4748, Clearwater, Florida 33518 00 second purly: . ..... l.'":I r,...., c'/;) (Wherever. ~'ed .herein .Ihe 'erJ'.'S :'~jr'l party" and ",econd party" ,hall include singular and plural heirs leal reprdtSc.!'tal1\es. u!ld aSSlgns of Indn'lduals. and the 5Ucces~ors 3..ld assjgns of co:-poc3.tions wh~rt\'er' the c~nt: t ~o a ffi.l t5 or requITes.) t X ~ ~~~jHnesseth, 'fflUt the said first party, for and in consideration of l'le sum of S 1 . 00 ; in hand paid. hy t.lte said secon~ party, the receipt whereof is hereby acknowfcc/ged. does hereby rl'mist'. r~: ~ lease ~~d. qUlt-clalm un~o the saId second party forever, all the right. title. interest. claim and (/emand u..J.lch ~~he .:mc, fIrst parl; flas I.n and [0 the followina describecllot. piece or p"orc('( oJ 1011cl. silunte. lying anti kin? ! ~ In the Counly OJ Plne lIas . Slale of Flor1da . 10'14'1/: ~ ~ ~ The East 33 feet of the following described tract: o The SE 1/4 of the NE 1/4 of Section 17, Township 29 South, Range 16 East, less the South 350 feet. This deed is given for right-of-way for Bayview Avenue. ~ L- ra -I ~Chg 40 Rec 7 ;-0 41 DS . S 43 ~~ ? Y'S {LP' 14 Ih',037?L~ 7:2 j' 41 PINE Lr\ N 00 '"' ~}Td~I~i~:~:~?y::~.~~~EiJI~JI};~~~~ ~ /)FPT UF REVI:,NU[f;~>"'''~\f~\ _'m, -, {"'='. , !l5iLV'~':;'~~'I~\i 0 .... ." " ,- := Pb, H_ SEP22'81 \f~\{f~&';~ " U. 4 ::: t !;:<, ~: 10S:)::~,~___ .__~,__."~~~>~j~~~:::',~~~__,,._~,~~.__... <'._ t CLERK ~i ounr SEP Zt lU 23nf 181 1 0 liau~ and to Mold the same logether with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all lhe estate, right, wle', inleresl, lien, equity.and claim whaf- soel'er of the said first party, ,either in law or equ'ity, to the only propa use, benefit and behoof of the said second parly forever. '1J ' J'.M' ~4( f :ila ~ltnesS WI!ereD ~ The said first party has firsl ahove writlen. Signed, sealed and delivered in presence of: signed and sealed lhese presents the day and year ....h.h.......~l:.~ .,.... ............b............ . WITNESS ~~.~ ...G~~.i.~ftu.~.~..~ m ... ..... .... .-.....~._...~......... ............ ..__..__......... .... ............ ....A. ...... STA TE OF FLORIDA, COU~TY OF PINELLAS } f --- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Gertrude S. NaIl to me kilOwn to be the person described in and who execu ted before me that she executed the same. WITNESS my hand and official seal in the September. A. D. 1981. the foregoing instrument and,:;gh'a', ~1.Cl~k.no;~kdged " ~f~:;~~>',",_ ,:," . .;' County and~ 2~st aforesaid' thif, f..-~.. ~;~ 7...~JJ' d;f~~ ~....t9R.~,~...~~.:,. NotaryPubltf;' ':'_,:. ~.." .< t1y Commissinn .F.xD.ires':~ Notary Public, State of flondi at" Lai!J't! < : My Commission Expires April 30, 1983 '.IIAII.g 1)1' ..Al...:...... 1:;1'(\ & CAsuallY COmDaA)f ,,>.;,-,;t. ;" I Tlos Im/nuuCII/ ~I.WJ\!1.D BY: II I J J . A. T. Coopt!r, Jr. II ! . {/urt'SS II Cooper & Cooper 825 N. Clearwater - Largo Road- LargO-,..Jlorida 33540 cc.: C f' l,'i'" 1 ,. .}I, -. , : C' I L<.J < 12 ~?).f ? - / 9 tt.;. c. (~.(.../. ...._~.-----.....-,------_._---------- -- "- . ., * ,.. . . ~ I SE 1/4 of NE 1/4 SEe 17-29-16 o It) If") It GULF TO BAY BLVD. !'J7/! i;; I O.R. 5250 PAGE 2 1 6 Quit Claim Oeed 33' I ENDORSEMENT I Attached to and forming a part of Policy No. 10 112 01 01831 I ssued by CHICAGO TITLE INSURANCE COMPANY To be annexed to and form a part of Policy No. 10 112 01 01831, insuring CITY OF CLEARWATER. Schedule A, Item #5 The legal description is hereby amended to read as follows: Begin at the Northwest eorner of the Northeast 1/4 of the Southwest 1/4 df Section 17, Township 29 South, Range 16 East, and run thence North 89046101" East, along the East-West centerline of Section 17, 796.80 feet; thence run South 002112611 West, 50.0 feet to the Northwest corner of Lot 2 of R~sub. of Baskins Rep1at as recorded in Plat Book 24, page 42 of the Public Records of Pine11as County, Florida; thence run South 0013159" East, 398.23 feet For the Point of Beginning; thence continue South 0013159" East, 70.79 feet; thence run South 89046114" West, 193.69 feet; thenee run North 69041136" East, 206.21 feet to the Point of Beginning. Schedule A, The effective date is hereby amended to: JUNE 25,1975. ALL OTHER MATTERS CONTAINED THEREIN SHALL REMAIN THE SAME. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. DATED: July 8,1975 COASTAL BONDED TITLE CO. OF CLEARWATER CHICAGO TITLE INSURANCE COMPANY ." -.' ATTEST: ,.'" . Autho~iZ~iiatory Note: Thts endorsement shaU not be valid or binding until countersigned by an authorized signatory. ~ ~?Jkee'~ ,?e Secretary. FORM 3594 R-10-70 ~!'f. .--; ft'!ljl" ".w.:.1:. .;' ,ar:",~,.-" ':'-".!!t\r'!N.., .j~ -/ . ,i!\';,' ",;.,r:n~..,,~"" ~,' :t''i!:!. ,-' . ,""" 'ia-- ,."H~~..; '\'.::\;'11;1',; ..~. .liHk ;~'.' '".. :'!i~ t .... }tJj!. .' ..,.r 'i{. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-17-70) APR 17 1975 t~: RECEIVED ~, ;y:l- ;~~' 10 112 01 01831 \, \ !il<. ~, " CITY CLERK. " .~~ 7~ ~, ';51. CHICAGO TITLE INSURANCE COMPANY .:~ .~y ,~~ ~ SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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 costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I . Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; ;r '~ .;o;t ~~t .li ~. 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land. ~. .~. T<~' In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: COASTAL BONDED TITLE COMPANY OF CLEARWATER Metropolitan Building 318 South Missouri Avenue Clearwater, Florida 33516 (813) 422-9671 CHICAGO TITLE INSURANCE COMPANY ~B~ .< ~'nl ATTEST: ~ -e9ne-e~~ Secretary. IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. ;j~. .' ';::1 ~;i:~ ..ow- ,i::',. '",~~i!';i\ll'~',:~', ';i!i.ii!h,'~ ,,' ... ;iW iii": '1:1F. '';i:' '~:'~:i ';1~i:~;'P'. Copyright 1969 American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. -3. Defects; 'liens, encumbrances, adverse claims,-6Y-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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. I I ,,_ 0 W N E R 5 FOR Moo 75-4893- I SCHEDULE A I FORM 3555 Number Date of Policy 10 112 01 01831 March 26,1975 Amount of Insurance $6,969.60 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: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: Begin at the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township 29 Sout.h, Range 16 East, and run thence North 89046101" East, along the East-West centerline of Section 17, 796.80 feet, thence run South 00021126" West, 50.00 feet to the Northwest corner of Lot 2 of Resub of Baskins Replat as reeorded in Plat Book 24, page 42 of the Public Records of Pinellas County, Florida; thence run South 0013159" East, 398.23 feet for the Point of Beginning; thenee continue South 0013159" East, 70.79 feet; thenee run South 89002159" West, 192.98 feet, thence run North 69041 '36" East, 206.14 feet to the Point of Beginning. This policy valid only if Schedule B is attached. 75-4893 SCHEDULE B Policy Number 10 112 01 01831 Owner. This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (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 bedisclosed 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) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A. 6. The general taxes for the year 1975 and thereafter. 7. Easement from Clearwater Mall, Inc. to Florida Power Corporation dated 6-29-73 and filed for reeord on 9-5-73 at 9:34 AM as Clerk's' Instrument ~o. 73121990 an~ recorded in O.R. Book 4074, page 941 of the PubllC Records of Plnellas County, Florida. (Facilities easement over captioned land.) COASTAL B~~DED_~jp-,E CO. OF CLEARWATER Counten"gned i.// ~ - -.-- Authorized~8ig~tory-,..:;-. _ - - /:--' . ~ ::-- Schedule B of this Policy consists of 1. pages. ._--~ .., ------,~ -;... ",<----"-' ----'-.- . I CONDITIONS AND STIPULA nONS I 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 here- under. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule 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 referr~d 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. Continuatlan 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 proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, 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 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 Com- pany may be liable by virtue of this policy. 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, how- ever, 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 inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation 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 Com- pany, 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 pro- ceeding, 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 Conditions 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 Payor 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, attorneys' fees and expenses in- curred 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 conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of liability No claim shall arise 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 there- from, 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 inade 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 CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS (Continued) a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that other- wise 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 Com- pany, 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 instru- ments, 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 amendment 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 its principal office at 111 West Washington Street, Chicago, IlIinois 60602, or at any branch office of the Company. "~." ~"-!!1!' ,. ;~_.~i,'~~' .~Hm~, '.~~l',:~p~-; - -'~';-!\f;''ii, }r:i1:~:.~,_~!H~..'-' .~~:'i!i=" ~':;~, . :;j;"", ,'!f:f~,~.---'" ~~: "'J o " S - - - '" '" o '" n~ i" a i - lD ;0 n o . CA ~ r- t-i - t-i l:-4 tr.I () ~ ClO~ g'~Oal C 0 "'II 0 -ounz :T2.,r-c ~:;~m iP ii' g lIlI C t~.r.~~ w.ii:mm w < S' lIlI n ~!ca 0 00 c ~ lD ;: Z -< n ::r: n > o 9 ~ trl r.FJ >-l. ~() >0 ~~ z"'d 0> 6Z Z>-<: V> >-l. It! trl trl .' >:1 ~ Z C/) C ~ > Z n tT:l ~ a ~ ;E ... ~ ~r ",' ;::s "tI~ <::l ~ - ;:s 1=i. ~ ~ "l'j~ c ~ ~ ::t>. ~ 1:; ~ ~ '0 is' 'I .... C 0' ;:s \\-SNI · 0 :.p.~.....o (') ~ t:1 0 ~ .; ~.,() ^,'Y ~J\TY . ~ ~ ~ ~ ~ tT:l o r-rj ~ o ~ ~ n ~ ~ ~ III ;:s ~ III ~ ...... c , ...... 'I I 'I C '-- - - Z Vl C ~ > Z () tr.I .... t""' t""' Z o .... r.FJ 0\ o 0\ o N () > o o ..