GERTRUDE NALL (2)
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Qait-€laim 3l1eed,
GERTRUDE
81150777
E~ecuted this 14 t h day of
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September
, A. D. 19 81 ,by
S .. NALL
first party, to
O.R. 5 2 5 0 PAGE 2
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CITY OF CLEARWATER, FLORIDA, a municipal corporation,
whose postoffice oc/dress is
PO Box 4748, Clearwater, Florida 33518
00 second purly: .
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(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/:
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~ The East 33 feet of the following described tract:
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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.
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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
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. WITNESS
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STA TE OF FLORIDA,
COU~TY OF PINELLAS
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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
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County and~ 2~st aforesaid' thif, f..-~.. ~;~ 7...~JJ' d;f~~
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NotaryPubltf;' ':'_,:. ~.." .<
t1y Commissinn .F.xD.ires':~
Notary Public, State of flondi at" Lai!J't! < :
My Commission Expires April 30, 1983
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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
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O.R. 5250 PAGE 2 1 6
Quit Claim Oeed 33'
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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
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM A-1970
(Amended 10-17-70)
APR 17 1975
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RECEIVED
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10 112 01 01831
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CITY CLERK.
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CHICAGO TITLE INSURANCE COMPANY
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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;
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2. Any defect in or lien or encumbrance on such title; or
3. Lack of a right of access to and from the land.
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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
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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.
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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
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,,_ 0 W N E R 5 FOR Moo
75-4893-
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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.// ~
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Authorized~8ig~tory-,..:;-. _ -
- /:--' . ~ ::-- Schedule B of this Policy consists of 1.
pages.
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.
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.
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