EZRA AND THELMA BAUMANN
,.
, ,r
~:;;WA,~~TY i::)EED
I
.
~4(J36953
u.J.4148 PAGE 132
~!
''\
-
- )
(?> '
r'Y"\
I
RAMeo FORM 4
"
,,:/" }-'
,
C\' 'tA
\ 7' This Indenture, Made this / S - day of
Between EZRA J. BAUMANN and THELMA J.
/~'.J
. A. D. 1974
BA UMANN, his wife,
of the County of Pinellas and State of Florida
parties of the first part. and CITY OF CLEAR WATER, FLORIDA, a municipal
whose mailing address is corporation,
P. O. Box 4748, Clearwater,
of the County of Pinellas and State of Florida
party of the second part, Uilntsseth, that the said parties of the first part, for and
in consideration of the sum of -----------Ten ($10.00)--------- Dollars, and other good
and valuable considerations to them in hand paid, the receipt whereof ;s hereby ackllOwl-
edged,ha vegranted,bargained, sold andu conveyed,n and by these presents do 'q[ant:bar-
gain, sell, convey and confirm unto the said party of the second port and its s ccrMtw.s
and assigns forever, all that certain parcel of land lying and being in the County of Pinellas
and State of Florida . more particularly described as follows:
The East 50 feet of the North 828. 94 feet of the South 1938.26 feet
of the Northeast 1/4 of Section 11, Township 29 South, Range 15
East, Pinellas County, Florida; less that portion platted as
Sherwood Gardens Subdivision.
t=
s
~ ~
~:aO~
t;BP~~
~Q:lC::
~ ~a~
~.5~
>~~O .
. QQ ...
~
~
t:l1
~
00
^ ,
.~.../
.;e..
CJ
'"
~
:z::
ot::?
,..... %'
,." 'fn
::0 r'"
~ '-""
.:.-.: ," ~:?
'::D .-;,., ,'~-"
r, -.;.~ ~~~ "-i~
~l,I"
'" F. ,.
~ ~'" .--
-""l;' ~
-
c..n
..
-...3
~
r--
~;""" ~...-\ DOr.IJMcNTARY
I' ~" " " r" ' , (
.) ~.," '" '. , S t, i~' ; 'J .
, "', ~,,, R . "., .... "_.' l'"'(,!! , .
, "',.,' ,-.,'.,.., ' I LV .L;f... \ I ;.
"'::.' 1 '" i:
I ., -. ') 3 u" 0 ,.
['~;' I "",'I 5'74 ,.6.-\ ) \::. oJ " ' !
REIEHUE II047V :
=
L";
::c
L--
,-
lJ) = STATE OF FLORIDAI
:3~ en DOCUMENTARY",,;,;;;; STAMP TAX I
..:; Q..EPT. OF REVENUE ;~ 'o~, I
:20 CT'> - - I~gm.
;:u c--J ~ PB. == MARIS'74 ~~ :::; 9 O. 0 0 I
= 10534 ~~ ' I
L'.'
=
'- . ~. ",,' ...i",.~/', ;.
. '.~""" .)., ,. ",'"'. ,','" " & "/'.... .
. . . _. .I _' . ~;. A...... " .
Together with all the tenements, hereditaments and appurtenanres, with e1J~ry' piivi.leJJe, J:ig~t,
title, interest and estate, dower and right of dower, reversion, remainder and eoselTient thereto
belonging or in anywise appertaining: 10 1J.taue and to llold the same in fee s~mpte:forf:,ver.
!lil:.'
'1"
'Y.
And the said parties of the first part do covenant with the said party of the
second part that they are lawfully seized of the said premises, that they are free from
all encumbrances and 1 hat they have good right and law-
ful authority to sell the same; and the said part ie s of the first /Jart do hereby fully warrant
the title 10 said land. and will defend the same against the lawful claims of all persons whomsoever.
In 'Witness 'Whereof, the said part iesof the first part have hereunto set their
if ~
~
~
'.. 00'
O~-:r<f
r-e5,~~
Z.....:1 X ~
IX: u C P:,
::> ~~ f:J
<- ~ "-",
.. E-< "
"-l ...... 0 <1,
IX:uc.;b:
p::
<1i
~~
H
o
hands
and seals
the day and year above written.
Signed, sealed and delivered in Ollr presence:
\, . a:..,../, ".Jc~._,~~~'L___';;-'-III
'.'-'---' ....._-~1;zm~-m-m-~m-;h--,u,..&:m.-.-----.-- .mh,.u-.-.------m.{T" -~~-..j:---B~~-~~~--m ,.
T;~:~:;;}t~.~;n"'~'Zl"~'"~' r~:;.;;n;.:.~;:..n.nn..n..n.nnn--n-nnn-.-- .
L,.. ~___ -YIT",r'_" ",' _ f-' T:_"-;,.r ,.- , '~Y'
Addc:ss H1!J:tLL~'1.' .L'" J.c.,U" "", ,- ,'" ,i'il"
,.. . City of Ciearw::Lter, P: 0., ~,",,~' io
Clearwater, Flonda 00010
~2.-.DI4/ (31)
OCISCO
U..J. 4148 P~CE 133
Jtate of FLORIDA
€ounty of PINELLAS
)llJ{ereby €erlify, That on this day, before me, an officer duly authorized in the State afore-
said and in the County aforesaid to take acknowledgments, personally appeared Ezra J.
Baumann and Thehna J. Baumann, his wife,
day of
~
, A. D. 1974
\1\'I.'II11',!:"
,,"', . ~ 07J ,,")
~ /,', LJ ,....,~<~,,';;......~':;,';>,
(.;{ l,"1 r/ ..-~
Not~r;P~ li~, nU'du.t,'.rut'j. ..;:~';~,IU"~~) ~
My commission expires "."f lJ V I V
NflYi"\' P,")l'r. ~>'.0f,,~I~r:,~.i: ~;jf/~))r~'l':;""~:":" ,;:/
My Comlllls".:on [";",,--" '''',We,,' ,l''''~~/...~ ,) n' l' ',' l"'.,,"
Bonded by 'Irans,",.."nca ,Ins,urail~e "'RII, to '..,,;..,
, ," '" "if),,,s); ffU\H.\o'
" fl.
to me ku,g1AJ.", tobeth,f!persoTlf3.
described in and who executed the foregoing instrument
they acknowledged before me that t hey executed the same.
1tl!Iitness my hand and official seal in the County and State last aforesaid this ;<S-~:
7i
~
~
~
~
~
'0
~
~
~
~
~
~
:~
.... ;::::
... ...
-.::
~
~
~
~
;u
)-
3:
n
o
'11
o
;u
3:
l>o
~
'='"
~
::;"
~
.....
....,..
~
l"'I>
~
.....
~
-,
~
....,..
-,
'0
;:
) - . - - - .
~...
:~ i
..
I
I
--
J::~ !""
..
I
I
CLOSING STATEMENT
Clearwater, Florida
March 15, 1974
Seller: Ezra J. Baumann and Thelma J. Baumann, his wife
Purcho:ser: City of Clearwater, Florida
Property Description: E. 50 ft. of N. 828.94 ft. of S. 1938.26 ft. of
NE 1/4 of Sec. 11-29-15.
Credits to Seller:
Sales Price
$30,000.00
Credits to Purchaser:
Documentary Stamps
on Deed:
State
Sur-tax
$90.00
33.00
$
128.00
Cash to close - Check
#667, dated 3/12/74
29,877.00
$30,000.00
$30,000.00
-.-~ ~
-
-.........- -~
Title & Trust Company of Florida-No. T-112 I .
American Land Title ~SSOCiatiOn Owner's Policy _ Standard Form A - 1962
I
.ru.~., ~ ~ ~~,.:J; ~s.~~!Jl \!~. 161~~.;
No;} h
~f'~,__..;J{' lJrt .il
~..:~...~~~ '," .,;tiVt '".
a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this
policy of title insurance, the number and date of which are shown in Schedule A, does hereby in-
sure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of
such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss
or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees
and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
any defect in or lien or encumbrance on the title to the ,estate or interest covered hereby in
the land described or referred to in Schedule A, existin'g at the date hereof, not shown or
referred to in Schedule B or excluded from coverage in Schedule Borin the Conditions
and Stipulations; or lack of aright of access ~o and from the land;
all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and
Stipulations, together with Schedules A and B, are hereby made a part of this policy; all as of the
effective date of this policy.
IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal
to be hereunto affixed and this policy signed by two of its -duly authorized officers in facsimile.
mitl~ & mrullt C!!ompany of 3JU.ori~a
4%~~.
(Not valid unless countersigned)
~L
(Facsimile)
Secretary
PINELLAS COUNTY TITLE COMPANY
BY:t!1dU !d ~
Authorized Signatllre V rPresident
,J~.
,--,..--.-.
~~ ,-,..., . - - .---r'~. -_""""-.......
Ao-ent's
File No.
Agent's
Code No.
SCHEDULE A
Amount $ 30,000.00
Policy No. FE - 3 0 13 9 6
Date March 15, 1974
NAME OF INSURED
CITY OF CLEARWATER, FLORIDA
1. The estate or interest in the land described or referred to in this schedule covered by this policy
is:
FEE SIMPLE
2. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured.
WARRANTY DEED from Ezra J. Baumann and Thelma J. Baumann, his wife,
-to- City of Clearwater, Florida, a municipal corporation, whose
mailing address is: P. O. Box 4748, Clearwater, Florida, dated
~arch 15, 1974 and filed for record Nmrch 15, 1974, as Instrument
#74036953, in the office of the Clerk of the Circuit Court in and
for Pine lIas County, Florida.
(Note: $90.00 State Documentary Stamps and $33.00 State Sur Tax
Stamps attached and cancelled.)
3. The land referred to in this Policy is situated in the County of
State of Florida, and is described as follows:
Pine lIas
The East 50 feet of the North 828.94 feet
of the South 1938.26 feet of the Northeast
1/4 of Section 11, Township 29 South, Range
15 East, Pine lIas County, Florida; less that
portion platted as Sherwood Gardens Subdivi-
sion.
I
J
......'
-~- - ..-..
..............-..
..~~.,~}~t'0"";':~~::~7~~-,<,t,,,
.... ~~i,",,",~;;~~i.:;:
"~'~:~!""""~""~'~'''''''''~''''~,~'~,i~,~;'\1~.;:re\!,~:t:.'~";-~~,_.;,f,.~~,' "~'<"~~~~':'-"":""-~~~~""'"
.~~ ' ' l' ~,,-,., '.""-"""''''''"'' ....,"'...,._".~, '. 'I' "....
'..... .. ---
~',JI''''''
-1
...,
. .~"
r
,
"".
i :;.1
~ .'
( ,
01
73093S99
a. .. 4051 'lolil1673
. . . . .. . ~ .
-- ... '- .. .. .- - ..
~-
.\
, -,. \
~!:.....~!!! ~!~~=~~-':::-:":: e~ 'e;~: :..- -~_~-.~ =.:~~;.=- ~~~."'~~ .--~.
in hand pald to ~h.,m ,the reGelllt or wt'.leh 18 her.b1 .Ckr.O~111l:!S.t(1,
and the benetit.-r~erlved thererrom,
E. J. 811um~nn and Thelma J. Sllu:nann. hi, ','i!e.
1891 Doll'.hin OrivJ:. Bellealr BI~!.. fhrij:a \ IS40
4o_____~ereby gra~t ana oony., to tn. tITY O~ CLEAn_ATER, FLOnlDl, an
:~:::.::=.: :-:::-. ~~::- ~ .:.:.:-::= ::-..:. :- ':'~:',Jw~ .....; ":'':':'':':'" ~ ~.....: :......: ~ ~'. :"I~
and beinga1tuat. 1n the Count7 or Pln.11.2, Stste or Plo=lda, to 1ft.
\j (Oralnaae Ea.ement o\'er the We.t 25 teet of tbe Ea.t ~ti
~O !eet u! tba .a' 52..28 leet of Ole NorUl lOZ,O. '1t tc.c.t ;;; = E'..
01 the South 1938.26 teet 01 the Northeut 1/4 of W "'n!
Section II, Town.hip 29 South, Range 15 Ea.t. 'le.. .. !f~i i
. \ N ~ ....,"
portion platted into Sherwood-Garden!) :i2 i ~'"
-= ~ i
-
")
~ ~ i' -
\
;.
:. STATE OF FLORIDAI
~= DOCU, MENTARy~,_.;,,~STAMP TAX I
0:::: - ltlPl. Of REVENUE !i'{~~ J
~8 ... - - ~t~.J.~' 00 30
... ~ r,1 -=.l\H,IO'13 ~~ ~'. I
_ =105,.. ......."... .,
I
~ :' I
. ,~'-:..,; (
- ~ " OOCUM[HTARY~,,':
.".' , .... ,..:
~~ ... rJa.:;:: f'LO~A SUR I/I~ :: .;
~. roo '\tf~E' ~' ' ::
~!:: -II'"~ AI0"71 U ,::Ot55 g,"',,3.
- - ...., - t,~
Thill ea.ement i. granted in lieu of ....e..ment
lor drainage or p'aving on Keene Road.
This easement being for storm
sewer installation and maintenanco.
The CITY OF CLEARWATER, PLORIDA, shall have the right to entn
upon the above desoribed premises and to construot, install and
maintain thereon any sanitary sewer line and to inspect and alter
.....,.,1., ~r,.,1"""-- r.oA~,,",,- '''_4!'- ,,_,.._ ....._.... ~. .......~
...... --...--...-" --.....- --....- -.-- ".-.. "'.... ..,......~
IN WITNESS WHEREOF. the part~ hereto ha~ ~et
harld..!.-.,and seal~ this 2 5 ~ day of
their
. 19~.
~'
Signed. sealed and delivered
in the presenoe orl
/~tf? ~~
m 8..: &-
STAn o:1RlDA )
)
,
~J: 13~"^^
(SEt.L~
~E.I! () ~ ~\
\~'J.a~_{sEt.L) _ g\
ol<:<(
"'[j~~
2:..J)<
~~itJ'
klt:d~
Q; Q A,' ;'
~
.. ., =
~E'"
~ ~!; COUNTY OP PlNELLAS
f<~~
! "'~ ~ Betore !:Ie personally appeared .,
~~:~ l.Q. (3A.. _ - ~ L/ Q- tJ",-
....... - J.., 0 (j'
~:: .:!= to Lle ~ell krtown
.. ~ :~ ....~ lrno:.-n to me to be the in~1'\-~~.u2.l~ de~c:,i~s~ in s!1d
~ =: ~ !the roregolng instrumer.t and :)(1;~"~':11.edged cerc,:".;; l:le thct
E~ ~ ?xeeute-' the sa~" f'.,_ ""e r .-,.~. " "1e-e1n '''-''-~~d
C....:j;. '- .....t.: ....... ....l l-"~1"1"''':';''''~'' . vA:.....:........... _
-E-::.J
E~'sd. flIn."'ESS my hand and ofn-cial eeal this Z5!!. 10.1ot
~ ~ !:1 -A.D. 19 -7 J
""~:J
"ho executed
~
f\ ."..\4""...,
\Lt,1.......'.I".....',..,
(;-;'~".<".::"" ..... '~"""?'"
..... \1 ~ '!' '! "'~:~
.; 'l : ,.. .
'" ::. ---. ., ;"
. r) :
n
I
R1 Co:misslon Explr~s
/~
--'1:J., _ . i, .
.~.. c\4D _
lo/'&."h~
.
.....:. .". . ~ .. ~' ....
'. . ".' ,.~,,,,,~,,,"..
'1..:,.. "...,,'
I ~,
t!r
).
1
f
l
r
I
,
~
I
(,.
~
"
t,
-
..;
:.;
:j
I
,"-.,,' -...~.....,.........-
...-"':-.' '__...,.-,.;.'--""'"................. --.'----..0.-.'-
-......_-
-
r'
I
I
.,
.
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Possible encroachments, overlaps, deficiency in quantity of
ground or other matters not of record which may be disclosed
by an accurate survey and personal inspection of the premises.
2. Rights or claims of parties in possession of the premises not
shown by the public records.
3. Any unrecorded lien, or right to a lien, imposed by law, for
labor, material or services furnished to the property.
4. Taxes for the year 1974; and any taxes or assessments levied
or assessed subsequent to the date of this policy.
Any Lien for municipal improvements or service to
which has not been filed for record in the office
of the Circuit Court of Pinellas County, Florida.
Clearwater)
6. EASEN~NT conveyed to City of Clearwater, Florida, by Instrument
filed f0r record July 10, 1973 as Instrument #73093599, recorded
in Official Record 4051, Page 1873, in the office of the Clerk
of the Circuit Court in and for Pinellas County, Florida.
(SEE ATTACHED RIDER FOR DETAIL)
caption land
of the Clerk
(City of
5.
cb 3-20-74
CONDITIONS AND STIPULATIONS
<(
Cl
H
P::
0
H
I':j rx.
I:: z ..... ~
I:: 0 ~ t.S .... P::
.... lot
cd < N ::: :::I~ Q -;f ~
a u '" - ::r. ~ !:'-
;j 0 Ol ~ =.~ ~ "" ""
l/l >- .... ::; '" 0'\ <(
cd l/l U t6 - = 0'\ ....; ~
<( t.S ~ 0
r:o ...J <( " ~ 0::
"' 0 ~ ~ CV'\
...J D.. :;: S:+C ~ ....; <(
.... a: ~ - lSl...... lSl
f- l/l 0 5..... - ::; 0 l.t"\ r.:r':I
IJ a: u.. .... . 0 ~ CV'\ ....; H
0 "' 0 = ~
z z ~C~ ~ 0
< a: :::
..J ;:: < ::; ~ ...c:
~ 0 0 Q a -
z z ~C)~ - {) rz..
< < ISl S .... H 0
u .... ~ a r.:r':I
a: If) .~ C rx. ~
"' w ~
:;: t6 I':j F'-O
<( E-l
~ H
0
I ,
1. Definition of Terms
The follo\....ing terms when used in this policy mean:
(a) "land": the land described, specifically or by reference, in Schedule A and
improvements affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters
relating to said land:
(e) "knowledge": actual knowledge, not constructive knowledge or notice which
may be imputed to the Insured by reason of any public records; and
(d) "date": the effective date,
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) 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.
(b) Any law. ordinance or governmental regulation (including but not limited to
~~~l~~n~nj~:m~~~i~f thed~~~~~e~~ ~::~~cNg: t~~ ~t~~~~Venr~ g[m~~~r~~~:i~~ l~c~ti~~ugr~<Jy
improvement now or hereafter erected on said land, or prohibiting a separation in owner-
ship or a reduction in the dimensions or area of any lot or parcel of land.
(c) Governmental rights of police power or eminent domain unless notice of the
exercise of such rights appears In the publlc records at the date hereof.
(d) Title to any property beyond the lines of the land expressly described or
referred to in Schedule A, or title to areas within or rights or easements in any abutting
streets, roads, avenues, lanes, ways or waterways (except to the extent the right of access
to and from said land is covered by the insurIng provisions of this policy), or the right
to maIntaIn therein vaults, tunnels, ramps or any other structure or Improvement. un-
less this policy speCifically provides that such titles, rights or easements are insured.
(e) Defects, liens. encumbrances, adverse claims against the title as insured or
other matters (1) created, suffered, assumed or agreed to by the Insured: or (21 known
to the Insured either at the date of this policy or at the date such Insured acquired an
estate or interest insured by this policy and not shown by the public records. unless
disclosure thereof in writing by the Insured shall have been made to the Company prior
to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or
created subsequent to the date hereof.
(fl Loss or damage which would not have been sustained if the Insured were a
purchaser for value without knowledge. -
3, Defense and Prosecution of Actions ~ Notice of Claim to be Given by the Insured
(a) The Company, at its own cost and without undue delay, shall provide for the
defense of the Insured in an litigation consisting of actions or proceedings commenced
agaInst the Insured, which litigatIon is founded uEon a defect. lien or encumbrance in-
~~~~~ ~fi~~~\~~o~~~s policy, and may pursue such itigation to final determination in the
(b) In case any' such action or proceeding shall be begun, or defense interposed,
or in case knowledge shall come to the Insured of any claim of title or interest which is
adverse to the title as insured, or which might cause loss or damage for which the
Company shall or may be liable by vIrtue of this policy, the Insul'ed shall notifv the
Company thereo,f in writing. If such notice shall not. be given to the Compa,ny )\'ithfn ten
days of the receipt of process or pleadings or if the Insured shall not, in writing, prompt-
ly notify the Company of any defect, lien or encumbrance insured against. \\"hirh shall
come to the knowledge of the Insured. then all liability of the Company in regard to the
subject matter of such action, proceeding or matter shal1 cease and terminate: provided,
however, that failure to notify shall in no case prejudice the claim of any In~qred unless
the company 'Shall be actually prejudiced by such failure and then only -to the 'ext~;nt of
such prejudIce.
(c) The Company shall have the right at its own cost to institute and prosecute
any action or proc~eding or do any other act which in its opinion may be necessary or
desIrable to establtsh, the title as Insured; and the Company may take any appropriate
action under the terms of this policy whether or not it shall be Hable thereunder and
shall not thereby concede liability OJ" waive any provision of this policy.
(d) In all cases where this policy permits or -requires the Company to prosecute
or provide for the defense of any action or proceeding, the Insured shall secure to it the
right to so prosecute or provIde defense In such action, or proceeding, and all app~als
therein, and permit it to use, at its option, the name of the Insured for such purpose,
Whenever reQuested by the Company the Insured shaH gIve the Company all reasonable
aid In any such action or proceeding, in effecting settlement, securing evidence, "obtain-
ing witnesses, or prosecuting or defending such action or proceeding, and the Company
shall reImburse the Insured for any expense so incurred.
4. Notice of Loss - Llmitation of Action
In addition to the notices required under paragraph 3(b); a statement in wrlting of
any loss or damage for which it is claimed the Company is liable under this policy shall
be fUrnished to the Company within sIxty days after such loss or damage shall ,have 'been
determined and no right of action shall accrue to the Insured under this pOliCh until
~~iJtby dffi: :i~:~~e~u;l~d~\~\ehrrsenptolig:llu~l~~i ~~ti~n f~h~l~h~~, c~~~~ric:Jcf~::Iot~ ;l\h~ri
~lt~o~~a~~ di~~:e~Pb~aVg"co~~~~ceth~i~~h ~~iio~er~1~hl~alA~rli~e f~~~~f~b:focrhe sst;~~lrl~d:
shall be a conclusive bar against maintenance by the Insured of any action under this
policy, ~ J
5. Option to Pay, Settle or Compromise ClaIms
The Company shall have the option to payor settle or compromise for or in the name
of the Insured any claim insured against or to pay the full amount of this policy and
~~~~eE~rt~~\~~ d~~~e:n~fisP~b:r:ant~d t~~;~~~~e~'i:~ p~l;., cso~~~i t~i.~\g~r:' alfr~fatiSit~, e~f'
the Company. hereunder.
.:"./
1"\
IJ)
r-i
I
en
N
I
o=il
!"'i
6. Payment of Loss
(a) The liability of the Company under this policy shall in no case exceed, in
all, the actual loss of the Insured and costs and attorneys' fees which the Company may
be obligated hereunder to pay.
(b) The Company will pay, in addition to any loss insured against by this policy,
all costs Imposed upon the Insured in lltigatIon carried on by the Company for the In~
sured, and all costs and attorneys' fees In litigation carried on by the Insured with the
written authorization of the Company.
(c) No claim for damag"es shall arise or be maintainable under this policy (1) if
the Company, after ha\'lng received notice of an alleged defect, lien or encumbrance not
excepted or excluded herein removes such defect, lien or encumbrance within a reason-
able time after receipt of such notice; or (2) for liabIlIty voluntarily assumed by the
Insured in settling any claim or suit without written consent of the Company.
(d) All payments under thIs polley, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount ,of the insurance pro tanto and 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 fur-
nished to the satisfaction of the Company,
(e) ""hen liability has been definitely fixed in accordance with the conditions of
this policy the loss or damage shall be payable within thirty days thereafter.
7. Liability Noncumulative
It is expressly understood that the amount of this polley is reduced by any amount
the Company may pay under any poliCY insuring the valldlty or priority of any mortgage
or deed of trust shown or rererred to In Schedule B hereof or any mortg-age or deed of
trust hereafter executed by the Insured which is a charge or lien on the land described or
referred to In Schedule A, and the amount so paid shall be deemed a payment to the In-
sured under this polley.
Coinsurance and Apportionment
/a') In the event that a partial loss occurs after the Insured makes an improve-
ment subsequent to the date of this policy, and only in that event, the Insured becomes
a coinsurer to the extent hereinafter set forth,
I! the cost of the improvement exceeds twenty per centum of the amount of this
policy. such proportion only of any partial loss established shall be borne by the Com-
pany as one hundred twenty per centum of the amount of this poicy bears to the sum of
the_ ~mount of this policy and the amount expended for the improvement. The foregoing
prOVisions shall not apply- to costs and attorneys' fees incurred by the Company in
prosecuting or providing for the defense of actions or proceedings in behalf of the In-
sured pursuant to the terms of this policy or to costs imposed on the Insured In such
actlons or proceedings, and shall apply only to that portion of losses which exceed in the
aggregate ten per cent of the face of the pollcy.
Provided, however, that the foregoing coinsurance provisions shall not apply to any
loss ariSing out of a lien or encumbrance for a llquidated amount which existed on the
date of thIs pOlicy and was not shown in Schedule B; and provided further, such coin-
surance provisions shall not apply to any loss if, at the time of the occurrence of such
loss, the then value of the premises, as so- improved, does not exceed one hundred twenty
per centum of the amount of this policy. '
(b) If the land described or referred to in Schedule A is divisible into separate
and noncontiguous Parcels, or if contiguous and such parcelS are not used as one single
site, and a loss is established affecting one or more of ,said parcels but not all, the
bO~I~C~,h~\~~S b~iS~~d~::g'r~~~ :~t~~e~h~nv:i~r~;~hae ~~~ ~ t~ist~eolf~~e of~~~~ts+i~al~~i~
independent parcel to the whole, exclusive of any improvements made subsequent to the
date of this pollcy, unless a liabiHty or value has otherwise been agreed upon as to each
such parcel by the Company and the Insured at the tIme at the Issuance of this policy
and shown by an express statement herein or by an endorsement attached hereto.
9. Subrogation upon Payment or Settlement
rO~~.i~nne~h~l1h~e~Or?lthnl C;~~a~~v~;:H~6eeg b~a~riy u~C~e~f trA~ 1~~i~red~l~;Jgnt sh~l~u~;
subrogated to and be entitled to all rights and remedIes which the Insured would have
had against any person or property in respect to such claim had this policy not been
issued. If the payment does not cover the" loss of the InsQred, the .company shall be
subrogated to such rights and remedies in the proportlon whIch said payment bears to
tJ:ie amount of said loss. If loss should result from any act of the Insured, such act shall
not void ,this policy, but the Company, in that event, shaH be require~ 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. The Insured,
if requested by the Company, shall transfer to the Company all rights and remedies
against any person, or property nec,essary in order to perfect such right of subrogation,
and shall permit the Company to use the mime of the Insured in any transaction or
litigation involving such rights or remedies.
10. Policy E;ntire Contract
Any action or actions or rights of action that the Insured may have or may bring:
against the Company arising out of the status oJ the title insured herein must be based
on the provIsions of this policy. ~
No provision or condItion, of .this' policy can he waIved or changed except by writing
endorsed hereon or -..attached hereto signed by the Presidfnt, a VIce President. the
Secretary. an ASslstant Secretary or other validating officer of the Company.
11. :;';oticcs, 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 It at 200 E. Forsyth St" Jacksonville,
Florida.
(:
~.
{
I
,
,
1
i
i
i
0
,-- i:
~..,. ..
~
c
,-- t t., 'J..
"""
" >,.
::J "",!
..- ::)
'<.,j I.
f'
l; ~ ,; ~ I
~ ,
.--=--___1
..-r-'
of;
.
"
-
~
-:_,_...:-'i ........ ,...
I
I
FroJect: Keene Road Right-of-Way
!tern No.
AGREEMENT FOR PURCHASE
AND 3ALE OF REAL ESTATE
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
-ti 2
THIS AGREEMENT, made and entered into this IS day of ~~ ,
1971 between E. J. BAUMANN and THELMA J. BAUMANN, his ife, d
hereinafter referred to as "Owner"
and the CITY OF CLEARWAT~~R, COUNTY OF FINELLA::>, STATE OF FLORIDA, here-
inafter referred to as "Purchaser";
WITNE33ETH:
WHEREA;3, the City of Clearwater requires property hereinafter described as
right of way for construction and maintenance of an authorized city, county or state
street or highway and said Purchaser is required to furnish same for such purpose;
NOW, THEREFORE, in consideration of the premises and other good and
valuable considerations, it is agreed as follows:
(a) The Owner agrees to sell and convey, by good and sufficient warranty deed,
free of liens and encumbrances, except as herein otherwise indicated, unto the City
of Clearwater, a municipal corporation, the following described land in Pinellas
County, Florida, to wit:
The East 50 feet of the North 828.94 feet of the South 1938.26 feet
of the Northeast 1/4 of Section 11, Township 29 South, Range 15
East, Pinellas County, Florida; less that portion platted as
Sherwood Gardens Subdivision;
at and for the sum of $ 30,000.00 ; and the Owner hereby agrees that said consideration
shall be inclusive of all costs.
(b) Furchaser shall pay said sum in cash within 90 days from date hereof upon
sir{".t.uli.:aneous delivery of such deed of conveyance.
1973
(c) All current taxes for the yearlshall be paid by the Owner, the Owner will
place~he necessary documentary t ax stamps upon t he deed; and will furnish title
insurance to the satisfaction of the Purchaser in the principal sum of $30,000.00
(d) Owner shall be relieved of responsibility of placement of fire hydrant
along said described right-of-way.
@
~
'J ~ t' ~
I
I
:"-.
"~,,~, '~.-
Froject: Keene Road Right-of- Way
Item No,
..
Page #'1.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed in their respective names, IN DUPLICATE, on the date first above
written.
Signed, sealed and delivered
in~,thep~",",~e.e".,:,.C,e:~,:, ,.,,'" "'~
7
-___.","" ",' ..' ___," ,', ',_~"'," ,,',. ,',',,','..,".',"." ,', ',' ,'.,', ',',-c.,. -':,
' '
~,...~'". vJ1~
~.1 ~u=~
J~~j},g~c~EAL) I
1 neJ:rnacli l:$aumann', ", , i
Approved as to form dcorrectness:
7-444~
City Attorney
CITY OF CLEARWATER, FLORIDA
\
\
u
By