BOARD OF PUBLIC INSPECTION PINELLAS COUNTY FLORIDA
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
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TO: Cynthia E. Goudeau, City Clerk
FROM: M. A. Galbraith, Jr., City Attorney ~
RE: Purchase from School Board of Pinellas County
For Relocation of Sanitation Complex
DATE: September 19, 1989
The subject purchase has been completed and enclosed are the following documents:
Settlement Statement
Title Commitment # C-9912-494248 issued by Stewart Title Guaranty Company
Title Insurance Policy # 0-9902-447978 issued by Stewart Title Guaranty
Company
Fee Simple Deed
Copy of Survey, and a copy of my letter to the surveyor describing errors
found on the survey,
MAG:jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement
R~qq
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FORM ~32 FLORIDA Fee Simple DO,,"
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89080070
[ OR 7 0 8 3 PG 3 2 7
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rrherCl'er used herein, the term "party" shall include. the heirs, 7Jrrsonnl reprpsrnfnfh't's,
Sllcc('s~'ors and / or assitns of the respectit'e p(lrtil~," hereto,' fill' IIS(' of the sing"lt/of' II/OJ/ber
shall includl! the plural, and the plural th" singul",.,- (hf' IISf' of ony grnnrr sholl !}I('fluff'
all gcwil'l's; (ou/, ii used, the term, "note" .~'hatl include aUthe notes herein d.e....'c/'itJ/'d if mOf'('
than one
Made this
eighth
day of
September
A.. D, 1.9 89
irtwrru
THE BOARD OF PUBLIC INSTRUCTION, PINELLAS COUNTY, FLORIDA n/k/a
SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
That p
29 Sou
1/ 4 of
record
more p
of the County of Pinellas
party of the first part, and
CITY OF CLEARWATER, FLORIDA, A MUNICIPAL
pt), I3Jt ~7-Yt) (!/fL2/)tVdla~ /'1
of the County of Pinellas
party of the second part,
lIiturggrtq. that the said party of the first part, for and in consideration of
the sum of ten and --------00/100------ Dollars, to
him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargain-
ed, sold and transferred, and by these presents does grant, bargain, sell a.nd transfer
unto the said party of the second part all that certain parcel of land lying and being
in the County of Pinellas , and State of Florida, more particularly
described as follows:
rt of Lots 6, 7 and 8 of PINELLAS GROVES in the Northwest 1/4 of Section 12, Township
h, Range 15 East, and that part of Lots 25 and 26, said PINELLAS GROVES in the Southwe t
Section 1, Township 29 South, Range 15 East, as recorded in Plat Book 1, Page 55 and a so
d in plat Book 3, page 15, both of the Public Records of Pine11as County, Florida, bei g
rticularly described as follows:
and State of
Florida
CORPORATION ,
(,3L/ f;, /? ".// 7~/g
and State of
Florida
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From t e Southwest corner of said Section 1, said point also being the Northwest corner of sa'd
Sectio 12, as a POINT OF BEGINNING, thence N, 00 deg. 08' 02" W along the West line of said
Sectio 1, 332.96 feet; thence S, 89 deg. 20' 01" E, 551.91 feet to a point on the Southerly ine
of the S.A,L. Railroad; thence along said Southerly line by a curve to the right having a rad us
of 281 ,93 feet, a chord bearing S. 77 deg. 04' 03" E, 12~.64 feet along an arc of 126.47 fee
thence S. 00 deg, 10' 28" E, along a 10 Acre Line, 305,50 feet to a point on the South line 0
said S ction 1; thence along said South line, s 89 deg. 21' 54" E, 33,29 feet; thence S 00 de
25' 21' W, 298,77 feet; thence N. 89 deg. 20' 04" W, 709,76 feet to a point on the West line
of sai Section 12; thence N. 00 deg, 25' 21" E, along said West line, 298.39 feet to the
POINT F BEGINNING.
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Subject to all easements and restrictions imposed of record.
C! ,.., t '~""- "~~:Jl,
r, /. ,~,- Wugrtqrr with all the tenements, hereditaments and appurtenances, with
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"Tmery pnvile~e, ri~ht, title, interest and estate, dower and ritht of dower, reversio,!J,
~::~:,:; 'remainder and easement thereto belontint or in anywise appertainint: ~' .:.'.::J;.~-;:
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<:Un ]f{nue nub tn ]f{nlb the same in fee simple forever.
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11u lIitnrng IIqrrrnf. the said party of the first part has hereunto set his
hand and seal the day and year above written.
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(!!OUltty of
PINELLAS
OR 7 0 8 3 PG ' 3 2 8
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3J lltrrrby (!!rrttfy That on this eighth day of September
.11. D, ]9 89, before me personally appeared THE BOARD OF PUBLIC INSTRUCTION, PINELL
COUNTY, FLORIDA n/k/a SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
to me known to be the person described in and who executed the fore~oing con-
veyance to CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION
and severally acknowledged
their free act and deed for the uses and purposes
thee.l:ecution thereof to be
therein mentioned.
lilIIttltrllfl my signature and official seal at
in the County of Pinellas
year last aforesaid.
C learwa ter ,.,.\1'
and State of Florida, th('~f1'Y and
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No a.ry Pu;blic ofV:lqri~li l .:.
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THE SCHOOL BOARD OF PINELLAS COUNTY,' FLORIDA reserves as to an undivi~d>~/~ ih'.te{~S'i ~
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in, and title in and to, an undivided 3/4 interest in all thephosphate';,.~i6~r:a1s"5!j\d
metals that are or may be in, on, or under the above described real estate'~:~nd ahi/:
undivided 1/2 interest in all the petroleum that is or may be in or under said ):aif:ld
with the privilege to mine and develop same, ,::,'::
J~fy Commission Expires 0-024 9~
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This Instrument was pr",n~r<>tl bY'
STEW ART TITLE OF CLS:,r:' ,".1m
MIKELL L, S'!'~,.2ERMAIN
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'200 Court Slr"",t
Cl~a:water, FL 3',~16 ;~-,'r1,,"':,'\':tI.
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Which Instrurnenc wa Cd, . -, ,;{
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'Dlat part of IDta 6, 7, and a of pine-lIas Groves in the Northwest ~ of section 12, ~
ship 29 South, RaD:Je 15 EaSt, and that part of IDts 25, and 26, said Pinellas Groves in
the Southwest ~ of Sectia11, ~p 29 SOUth, Range 15 East, as t;:.e(X)~ in' Plat, BOat
1, Paga 55 and aJ.ao Plat Book 3, Page 15Pqblic IecOrds of Pinellas County, Florida,
bem;J,ume ~ly QescribeQ'as fol~: ' '.
Fxan tbe SOUthWeat OOrJ1erofsa.i.d section 1, said point also being the No~t comer of
said Sectia112, as a POINT OF BEGINNING, thence N OoOOa'02"W a.l.cn1 the West line of&ai.4
Section 1, 332.96 feet; thence S a9'>2o'Ol"E, 55&.91 feet to a point an the Southerly lJ.nla
of tbe S.A.L. 9ai.lroad; thence a.lonq said Southerly line bya curve to the rightbavin:] ..a.
radius of 2814.93 feet, a cOOrd beariBJ S 7,o04'03I1E, 126.44 feet along an arc of 126.47
feet; tbence S Go010'28I1E, al.cD} a 10 Acre line, 305.50 feettQa point on the SoUth line
of said Section 1; thence aloD:.J said South 1~, S 89021'54''E, 33.29 feet; t;henc1eSOoO
25'~1-W, 298.77 feet; thence N a9~O'04"W,709. 76 feet to a point an the West1.j.ne()fsaiQ
Sect,ion12; thP.nceN OO~5' 21"E, along said west line, 298.39 feet to the POmrOF ~.
c.ant:aining 43S3~1.409 square feet or 9.99 ~ M.O.L. .
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I HEREBY CERTIFY THAT THE SURVEY REPRESENTED :HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE flORIDA ADMINISTRATIVE CODE.
DATE:c:5~/~t?'?
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1780 MAIN STFlfEET - UNIT 0
DUNEDIN, FLORIDA 34698 PH; 734. - 3821
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POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA 3 4 6 1 8 - 4 7 4 8
Office of
City Anorney
(8' 3) 462.6760
Mr. Larry L. Evans
Evans Land Surveying
1780 Main Street, Unit D
Dunedin, FL 34698
Re: Your Survey of Part of Lots 6, 7, 8, 25 and 26
of Pinellas Groves Subdivision
September 12, 1989
Dear Mr. Evans:
The City of Clearwater has purchased a tract of land from the School Board of
Pinellas County consisting of part of Lots 6, 7,8, 25 and 26 of Pinellas Groves
Subdivision, located in Sections 1 and 12 of Township 29 South, Range 15 East.
We ordered a survey of the property from your company, and your survey is dated
August 29, 1989.
The transaction closed on Friday, September 8, 1989, despite a number of errors
which were found in your survey.
The errors in your survey included the following:
1. In the top left corner, there is an erroneous reference to Stewart
Guaranty Company.
2,
27 South.
In the top right corner, there is an erroneous reference to Township
The property is located in Township 29 South.
3. You picked up the 40-foot right-of-way easement, but the easement
is recorded in Official Records Book 6395, not 3695.
4. You did not pick up the easement which is recorded at Official
Records Book 2418, Page 448.
5. In the legal description, you corrected the northern boundary to show
a distance of 551.91 feet, but you did not correct the length of the next course,
along the southerly line of the railroad right-of-way, to show the (measured)
distance of 127.64 feet,
These errors did not prevent us from closing, but I am writing to you to bring
them to your attention.
Sincerely,
M. A. Galbraith
City Attorney
MAG:jmp
"Equal Employment and Affirmative Action Employer"
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(Exp, 12-31'86)
OMB No, 2502,0265
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A. U,S. DEP,;iFMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. o FHA 2. o FMHA 3, o CONV, UNINS,
4, OVA 5, o CONV. INS,
6, FILE NUMBER /7, LOAN NUMBER
89080070
8. MORTG, INS, CASE NO.
SETTLEMENT STATEMENT
C, NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid \0 and by the settlement agent are shown. Items marked
U(p,o,c.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals,
D. NAME AND ADDRESS OF BORROWER E, NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER
CITY OF CLEARWATER, FLORIDA, SCHOOL BOARD OF PINELLAS
A MUNICIPAL CORPORATION COUNTY, FLORIDA CASH TRANSACTION
G. PROPERTY LOCATION H. SETTLEMENT AGENT I, SETTLEMENT DATE:
PART OF LOTS 6, 7, 8, 25 & 26, STEWART TITLE COMPANY OF CLEARWATER, INC.
PINELLAS GROVES SEPTEMBER 8, 1989
PLACE OF SETTLEMENT 251st DAY OF YEAR
1290 OCURT STREET, CLEARWATER, FL. 34616 11 /1 DAYS REMAIN
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract sales price 7/.0 ? <;n 00 401. Contract sales price 7/,0 ?<;n nn
102, Personal property 402, Personal property
103, Settlement charges to borrow (line 1400) 10.50 403,
-
104, 404,
105, 405.
Adjustments for items paid by sr';"!" in advance: Adjustments for items paid by seller in advance:
...
106. City /town taxes to 406. City/town taxes to
107. County taxes to 407. County taxes to
108. Assessments to 408. Assessments to
109, 409,
110, 410,
111. 411.
112, 412.
120. GROSS AMOUNT DUE FROM BORROWER: 749,260.50 420, GROSS AMOUNT DUE TO SELLER: 749,250,00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: SOD. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit (see instructions)
202, Principal amount of new Joan(s) 502, Settlement charges to seller (line 1400) 2 372.75
203. Existing loan(s) taken subject to 503, Existing loan(s) taken subject 10
204 504. Payotl of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207, 507.
208, 508,
209. 509,
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. City/town taxes to 510, Cityltown taxes to
211, County taxes 10 NONF. 511. County taxes to NONE
212. Assessments to 512, Assessments to
..
213 5t3,
214. 514,
215, 515.
216, 516.
217, 517.
218. 518.
219, 519,
220, TOTAL PAID BY/FOR BORROWEr> V1 520, TOTAL REDUCTION AMOUNT DUE SELLER: 2,372.75
300, CASH AT SETTLMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SELLER:
,
301. Gross amount due from borrower (line 120) 749,260.50 601. Gross amount due to seller (line 420) 749,250.00
---
302, Less amounts paid by Ifor borrower (line 220) V1 602, Less total reductions in amount due seller (line 520) 2 ~]7 2. 7 5
303 CASH (00 FROMI (0 TOI BORROWER: 749,260.50 603. CASH lKJ TOI 10 FROMI SELLER: 746,877,25
(Rev. 3-66)
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MIS CDI I -: PAGE 2 OF OMS No. 2502-0265
,. .,
PAlO FROM PAID FROM
L. SEnLEMENT CHARGES BORROWER'S SELLER'S
FUNDS FUNDS
700, TOTAL SALES/BROKER'S COMMISSIO:, ,aBed on price S @ %= AT SETTlEMENT AT SETTLEMENT
Division of commission (line 700) as foilows:
701.$ to
702, $ to
703. Commission paid at settlement
704,
800 ITEMS PAYABLE IN CONNECTION WITH LOAN,
801. Loan Origination fee %
802, Loan Discount %
803, Appraisal Fee to
804. Credit Report to
805. Lender's inspection fee
806, Morlgage Insurance application fee to
807, Assumption Fee
808.
809.
810,
811,
900,lTEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE,
901. Interest from to @$ Iday
902, Mortgage insurance premium for mo, to
903, Hazard insurance premium lor yrs, to
904, yrs. to
905,
1000, RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mo. @$ per mo, :,; , '" ....,:.'".'"
1002. Mortgage insurance mo. @$ per mo, .:',":...,','.. ....c."...' '''','..';:''
1003, City property taxes mo. @$ per mo, ...,:." ....,:'.,:: .'..".."., ,:."
1004, County property taxes mo, @$ per mo, :.;' , "
1005, Annual assessments (Maint,) mo, @$ per mo, ""," .i;~' : .,' >;
1006, mo, @$ per mo. "
1007. mo. @$ per mo, I:."
1008. mo. @$ per mo. ,
.'
1100, TITlE CHARGES:
1101. Settlement or closing fee to
1102, Abstract or tille search to
1103, Tille examination to
1104, Tille insurance binder 10
1105. Document preparation to
1106, Notary fees to
1107. Attorney's lees to to
(includes above items No ,'.';'. '. " '. .'i ,. " . "'~;--"'" ;",;
1108, Tille insurance to STEWART TITLE COMPANY (? i72 7')' ? i72.75
(includes above items No,; I ';' .',.:::,,\ "T , ~,,'t ,,'
""'" , "
1109. Lender's coverage $ <~ .j ~.;,:;;.[-.iC;;. :",:,
1110, Owner's coverage $ 7/,Q ') c.n nn ':"":::4' ::.,:0:.... ' ,.,i<',
1111 >
1112
1113.
1200, GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 10.50 Mortgage $ Releases $ 10,50
1202, City /county tax/stamps: Deed $ Mortgage $
1203. State tax/stamps: Deed $ Mortgage $
1204.
1205.
13oo,ADDlTIONAL SETTlEMENT CHARGES
1301. Survey to
-
1302, Pest inspection to
1303,
1304,
1305,
1400. TOTAL SETTLEMENT CHARGE.,S (entered on lines 103, Section J and 502, Sec~ ) --10,50 2 372.75
CERTlFICA TIDN: I have c~~~~:ed 1I/~D" Settlement ljItt, ~andtoat'my~ea~f,itisatruea'" ~m:t~:n~O~bymeinthistransaction.,furthercertity
Ihall have receiv:d a c,jly U ettl '. .Y/
"!<'()RTi:JF rT'l'V ()f.' r1'" ^ 1<'1 I 1<' "'IlY'f'l.lJ:" n1<' P A7i-i DT f"\TnnA
80rrowers b~1 ~~ S ~ t~e ,>
To the bel' o~rny ~owl ge~t~HUD';,Se~nt ~';:~ w e prepared is a Irue and.il.~~urate accounl ollhe lunds which were received and have been or will be disbursed by the undersigned as parI of e selllement of thiS Iransaclion,
7./ 1/./ P~fP Yf /I/1//!AL1-1/).// /'A- J SEPTEMRER B, 1<Hl<)
Settl~_rr,fnt ~6~ ,--'" ---,-=-,'Y~ Dale
SelLER'S AN / PURCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges his /their approval 01 tax prorations and signifies their understanding thai prorations were based on taxes for the preceding year, oreslimales
for the curren I ear, and in the event 01 any change lor the current year, all necessary adjustments must be made between Seller and Purchaser: likewise any delaull in delinquent taxes will be reimbursed 10 Title Company by the Seller,
Title Company, in its capacily as Escrow Agenl, is and has been authorized to deposit all lunds it receives in this transaction in any linancial institution, whether aNiliated or not. Such financial instilulion may provide Title Company computer
accounting and audit services directly or Ihrough a separate entity which, il affiliated with Title Company, may charge the linancial inslitution reasonable and proper compensation therefore and relain any profils the reI rom. Any escrow fees paid by any
parly involved in this transaction shall only be for check writing and input to the computers, but not lor aloresaid accountinQ and audit services. Title Company shall not be liable lor any inlerest or olher charges on Ihe earnest money and shall be under no
duty to invest or reinvest funds held by it at any time, Sellers and Purchasers hereby acknowledge and consent to the depoSit of Ihe escrow money in financial inslitutions wilh which Title Company has or may have olher banking rolalionships and lurther
consent to the retenlion by Tit, Ie Company and s affiliates of any and all benefits (including advantageous inlerest rates on loans) Title Compa 'ffiliates may receive f~Om sue' '. ulio s by reason oltheir maintenance of said
e~rowmounts. ~
The parties have read the abov senten s, ecognize e italions herein r ateri ree to same, and recognize Ti mpany' elying the sa e, , ~
Purchasers/80rrowers Sellers
lOe and imprisonment For delails see: Title 18: l),S, Code Seclion 1001 and Section 1010,
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AGREEMENT FOR PURCHASE OF PROPERTY
THIS AGREEMENT made and entered into the ~ day of ~...r
1989, between the SCHOOL BOARD OF\PINELLAS COUNTY, FLORIDA, and/~ assigns
hereinafter referred to as "Selle~", and City of Clearwater, A Municipal
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Corporation, hereinafter referred/to as "Buyer,"
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WITNESSETH
1. DESCRIPTION OF THE PROPERTY: In consideration of the payment
hereinafter agreed to be paid by the Buyer to the Seller, and in consideratiqn ,~
, , of the covenants of the respective parties hereto, each to the other to be
p$rformed by them at the time and in the manner hereinafter provided, the
Seller does hereby agree to sell and the Buyer does hereby agree to buy the
following Property located in Pinellas County, Florida, and legally described
as:
ADDRESS (LOCATION):
Subject property is located at the northwestern boundary of the
Clearwater Executive Air Park, and, more particularly, at the southeast
intersection of the Keene Road right-of-way and the Seaboard Coastline
Ra 11 road,
LEGAL: See Exhibit "A"
Subject site is a portion of Parcel 12-29-15-70182-200-0702, The final
description will be determined by certified survey prior to closing,
~,'
2, PURCHASE PRICE:
Seller agrees to sell the 10 acres MOL as identified above at the
appraised value of seventy-five thousand and 00/100 per acre. The exact
contract price will be determined by the results of a certified survey,
<
performed by a firm selected and obtained by the Buyer, (with approval of
Seller) on the basis of $75,000 per acre measured to the nearest 1/100 of
an acre, The said purchase price is payable in cash at closing
(certified check) less any Buyers credits that shall be applied as
advanced payment toward the purchase price and shall be deducted
therefrom at closing,
3. CONTINGENCIES: This Contract is contingent upon the following:
A. Seller obtaining approval from Florida Department of Education
for the sale.of the subject site.
B. Buyer obtaining written assurance from Pinellas County, SWFWMD,
DER, as well as positive results from engineering and environmental analysis
that the Property can economically be used for the city's maintenance facility.
"-if) .' 05t.t.CjO)
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4, TIME FOR ACCEPTANCE/EFFECTIVE DATE: If this Agreement is not exe-
cuted by Seller on or before the ~ day of August, 198~, and the Buyer on or
before the 31st day of August. 198~, it shall be null and void, The date of
Agreement ("Effective Date") sha1~ be the date when the Agreement is approved
.
and executed by the Buyer and Se1~er,
5. CLOSING DATE: This tr~saction shall be closed and the deed and all
other closing papers delivered o~ or before the 29th day of September, 198~,
unless otherwise extended in writing by Buyer and Seller or their
representative.
6, POSSESSION: Seller represents that sole possession of the premises
herein described shall pass to Buyer at closing,
7, EVIDENCE OF TITLE: Within twenty (20) days prior to Closing, Seller
shall, at Se11er's expense, deliver to Buyer or Buyer's attorney, a title
insurance commitment issued by a Florida licensed title insurer agreeing to
issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title
insurance in the amount of the purchase price, insuring Buyer's good and
marketable ti~le to the Property, subject only to those standard exceptions
appearing in the owner's title policy which, from Buyer's standpoint, do not
unduly affect title, and those items which shall be discharged by Seller at or
before closing, Buyer shall have ten (10) days from date of receiving title
" ,
commitment to examine same, If title is found defective, Buyer shall, within
five (5) days thereafter, notify Seller in writing specifying defect(s) or the
same shall be deemed to have been accepted by Buyer, If said defects render
title uninsurable, Seller will have 90 days from receipt of notice within which
~I to remove said defect(s), and if Seller is unsuccessful in removing them within
said time, Buyer shall have the option of either accepting the title as it then
is or Buyer and Seller shall be released, as to one another, of all further
obligations under this Agreement. However, Seller agrees that Seller will, if
title is found to be uninsurable, use diligent effort to correct the defect(s)
in title within the time provided therefor, in~luding the bringing of necessary
suits,
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8, UPDATED TITLE COMMITMENT: Buyer shall have been furnished with the
Title Commitment as required by Section 7 of this Agreement, and such
commitment shall be updated at Seller's expense at closing with such update
showing no change in the status of title as previously approved by Buyer.
9, CLOSING DOCUMENTS: Seller shall furnish to Buyer, at least seven (7)
days prior to closing, copies of all deeds, affidavits or other documents which
will be executed and delivered by Seller at such closing, which documents shall
be subject to the reasonable approval of Buyer's attorney.
2
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10. MINERAL RIGHTS: Seller reserves an undivided 3/4 interest in, and
title in and to, an undivided 3/4 interest in all the phosphate, minerals and
metals that are or may be in, on, or under the above described real estate and
an undivided 1/2 interest in all the petroleum that is or may be in or under
said land with the priVilege to mine and develop same,
11, EXPENSES: A) Buyer will~ pay for the cost of recording the deed and
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Buyer will record same, Values fqr recording purposes shall be the price set
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out herein, i
B) Seller wi~l: 1) Pay for the title insurance per
Section 7 above, and 2) pay for the cost of stamps on deed, if any,
12, PRORATIONS: The 1989 real estate taxes, assessments, rent, interest,
insurance, and other expenses and revenue of the Property, if any, shall be
prorated as of the day of closing. ESCROW TAXES: Seller shall place in escrow
with the Pinellas County Tax Collector, funds to pay any real estate taxes due
on the property through closing, This payment will automatically remove the
subject property form the rolls, On day of closing, the Seller will furnish
written confirmation from the Tax Collector's Office that taxes have been
escrowed and confirmation from the Tax Collector's Office that taxes have been
escrowed and the Property will be automatically removed from the tax rolls.
13. DOCUMENTS FOR CLOSING: Seller shall furnish Closi~g Statement and
Buyer shall provide payment in cash at closing (cashier1s cheek), Upon the
Buyer meeting the terms of purchase, the Seller will promptly execute and
deliver to the Buyer a county deed conveying the Property to the Buyer, The
Property shall be free and clear of all liens and encumbrances except as
indicated in Item #18 of this Agreement.
14, PLACE OF CLOSING: Closing shall be held in the county wherein the
,,~. ~. Property is located, at the office of the School .Board Attorney or at the
office of a designated closing agent as agreed by Seller and Buyer,
15. TIME: Time is of the essence of this Agreement, Any reference
-
herein to time periods of less than six (6) days shall, in the computation
thereof, exclude Saturdays, Sundays and legal holidays, and any time period
provided for herein which shall end on a Saturday, Sunday or legal hOliday
shall extend to 5:00 p.m. of the next full business day,
" ' 16. 'RESTRICTIONS. EASEMENTS. LIMITATIONS: The Buyer shall take title
subject to: restrictions in matters appearing on the plat or otherwise common
to the subdivision; public utility easements of record; taxes from the date of
closing and subsequent years.
17. SUCCESSORS AND ASSIGNS: The covenants, provisions and agreements
herein contained shall in every case be binding on and inure to the benefit of
the parties hereto respectively, and their respective heirs, personal
representatives, administrators, successors and assigns,
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18, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special
assessment liens as of date of closing (and not as of Effective Date) are to be
paid by Seller, Pending liens as of date of closing shall be assumed by Buyer,
provided, 'however, that if work on the said improvement has commenced as of
Effective Date, such pending lie~ shall be considered as certified, confirmed
or ratified and Seller shall, at ~losing, be charged an amount equal to the
I
last estimate by the public body pf assessment for the improvement,
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19, OTHER AGREEMENTS: No prior or present agreements or representations
shall be binding upon Buyer or Seller unless included in this Agreement, No
modification or change in this Agreement shall be valid or binding upon the
parties unless in writing and executed by the party or parties to be bound
thereby, Typewritten or handwritten provisions inserted herein or attached
hereto as addenda shall control all printed provisions of Agreement in conflict
therewith,
20. RELATIONSHIP OF THE PARTIES: Nothing contained herein shall be
deemed or construed by the parties hereto, nor by any third party, as creating
the relationship of principal and agent, or a partnership or joint venture
between the parties hereto, it being understood and agreed that neither the
method of computation of purchase price, nor any other provision contained
herein, nor any acts of the parties herein shall be deemed to create any
relationship between the parties hereto other than the relationship of Buyer
and Seller, Whenever herein the singular number is used, the same shall
include the plural, and the masculine gender shall include the feminine and
neuter genders.
21. AGREEMENT NOT RECORDABLE: This Agreement or any reference thereto
shall not be recorded in any public records,
22. BROKERAGE COMMISSIONS: Each party represents to the other that no
brokers have been involved in this transaction. The parties hereby agree that
if any cla~ms for brokerage commissions or fees are ever made against either
party in connection with this transaction, all such claims shall be handled and
paid by the party whose actions are the basis for such claims for brokerage
commissions. The provisions of this Section shall survive the closing, and the
delivery of the deed and other related documents,
23. SOIL TESTS: Buyer and its agent and representatives shall be
entitled to enter upon the Property for inspection, soil test, examination and
land-use planning prior to the closing, Such entry and testing on the Property
shall not interfere with the Seller's use of the Property,
Buyer hereby holds Seller harmless from any damages or liabilities,
including attorney's fees, arising from injuries caused by Buyer, its agents or
representatives in pursuing the Property inspection, soil testing and planning
activities, etc, permitted under this Section of the said Agreement, This
Agreement is contingent upon the findings from the Board's soil testing and
evaluation that the said soil conditions of the site are suitable for
construction of the proposed facilities.
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24, ENGINEERING PLANS AND STUDIES: Upon the execution of this Agreement,
Seller shall furnish to Buyer, for copying at Buyer's sole expense, all
engineering plans and surveys, which Seller has, if any, relating to the
Property, and all such information may be used by Buyer in such manner as it
" desires; provided, that in the event Buyer fails to purchase the Property for
any reason, all such information ;shall be returned to Seller together with any
j ,
informati on that Buyer may have c~mpi1 ed wi th respect to the Property,
25, CONDEMNATION PENDING O~ THREATENED: The Seller warrants there is no
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pending or threatened condemnation or similar proceeding affecting the Property
or any portion thereof, nor has Seller knowledge that any such action is
presently contemplated by parties.
26, COMPLIANCE WITH LAWS: To Seller's knowledge, Seller has complied
with all applicable laws, ordinances, regulations, statutes, rules and
restrictions pertaining to and affecting the Property. Performance of this
Agreement will not result in any breach of, or constitute any default under, or
result in the imposition of, any lien or encumbrance upon the Property under
any agreem~nt or other instrument to which Seller is a party or by which Seller
or the Property might be bound,
27, PENDING LITIGATION: Seller warrants that there are no legal actions,
suits or other legal or administrative proceedings, affecting the Property or
any portion thereof, nor has Seller knowledge that any such action is present1y
contemplated,
28, RISK OF LOSS:
fire or otherwise, until
the Seller,
29, MAINTENANCE OF PROPERTY: The Seller shall maintain the Property,
including'lawn, shrubbery, etc" between the date of this Agreement and the
date of closing in the condition as it existed on the date of this Agreement,
ordinary wear and tear excepted.
30, DEFAULT OF BUYER OR SELLER: If the Buyer fails to perform this
Agreement within the time specified, all deposit monies paid by the Buyer may
be retained by the Seller as liquidated damages or consideration for the
execution of this Agreement and as full sett1ement of any claim for damages,
and all parties shall be released from all obligations under this Agreement; or
Seller at his option, may proceed at law or in equity to enforce his rights
under the Contract. If Seller fails, for any reasons other than failure to ,
render his title marketable after diligent effort, to perform this agreement
the Buyer may seek specific performance or elect to receive the return of his
deposit without waiving any action for damages resulting from Seller's breach,
31. STREET VACATION/VARIANCES. ZONING. ETC,: Upon executi on of thi s
Agreement by the parties, the Seller hereby grants to the Buyer permission to
apply for special exceptions, vacations, or variances, as needed,
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That the risk of loss or damage to said premises by
the delivery of the deed or conveyance is assumed by
't'~.
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32, NOTICES: Any notice to be given or to be served upon any party
hereto, in connection with this Agreement, must be in writing and may be given
by certified mail, and shall be deemed to have been given and received when a
certified letter containing such; notice, properly addressed, with postage
prepaid is deposited in the Unit~d States Mail;'and, if given otherwise than by
!
certified mail, it shall be deemed to have been given when delivered to and
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received by the party to whom i~ is addressed, Such notices shall be given to
the parties hereto at the follo~ing address:
FOR SELLER:
School Board of Pinellas County, Florida
1960 East Druid Road
P,O, Box 4688
Clearwater, FL 34624
Attn:Scott N, Rose, Superintendent
With copy to:
James H, Mill er
1960 East Druid Road
Clearwater, FL 34624
FOR BUYER:
City of Clearwater Municipal
Corporation
P,O, Box 4748
Clearwater, Florida 34618
With copy to:
Jim Hensley
City of Clearwater
P,Q, Box 4748
Clearwater, FL 34618
IN WITNESS WHEREOF, the parties hereto have hereunto executed this real
estate contract the day and year first above written,
BUYER
ATTEST:
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City Clerk
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Executed by ~ on
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SELLER
ATTEST: (Witness)
BY P L~ b"g l A-/fy dz BY
forms (Equity2.pur)
CITY OF CLEARWATER, A MUNICIPAL
CORPORATION
BY:
~
, 1981.,
THE SCHOOL B
FLORIDA
BY
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Ex-Officio Secretary (Seal)
,... \'. ..,~
LEGAL DESCRIPTION
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1l.
Lots 7 and 8 and part o( Lots 6,9, 10,and 11 o( PINEl-LAS
GROVES'in the NW 1/4 o( Section lZ, Township 29 S, I Rangf! 15 E.,
as recorded in Plat nook I, Page 55. Puhlic Reco r~s of Pinellas
County, Florida, more particularly described as follows:
Be~in at the NW corne r of Section 12. Township 29 S., Hange 15 E..
and run thence S. 00 25' 21" W., along the West line of said Sedion
12 912.12 feet: thence S. 890 20' 04" E., 709.76 feet; thence
, '
N. 0025' 21" E.. 912.50 feet t~ the North line of said Sr.C"tion 1.2;
thence N. 890 21' 54" W.. alon$ the North line of sa id S,'r.tion 12.
709.76 (eetto P.O.B'. Containlnll 15 acres morr.nr IMP'.
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'l'hatpart of Lots 25 and 26. PINELLAS GROVE. in the
SW 1/4 .of Sectlon 1, Township 29 S.. Rangt" 1 5 E., as recordt!d in
Plat Book 1. Page 55. Public, ~ecords of Pinel1as County. Florid",
described as Collows: .
Begin,at the SW corner of the SE 1/4 of said Section 1, and run thence
N .00 08' 02" W.. along the West line of said St."ctLon I, 332.96 (ert:
thence S. 89020' 01" E. 513.05 feet to the Southerly line of the S.A.L.'
Railroad; thence along the Southerly line o( the S.A. L. Railroad and
a curve to the righ~ whose chord bears S. 770 04' 03" E.. 126.44 fef't,
arc-126.41 (Poet and radius 2814.93 feet to the ten acre Une: thence
S. 00 10' 28" E.. along the ten acre'line. 305 ~ 50 feet to the South
line of said Section 1; thence N. 890 21' 54" W., al.ong the South line
'of said Section 1, 616.47 feet to the P.O.B. Containing 5 acres M.O.L.
NO'tE: The above descriptlon is as it appea rs
in deed to the Board of Public Il\structlon,
recorded in O.R. Book 1341, Page 501. The
description is erroneous In that Parcel'''B'' is
lncapable o! mathematical closure hy approxi-
mately 20 (eet. It appears that a mistake was
made in the computation o! the int~rsectioll of
the North property line 'With the railroad right-
o!-wa)'. ALso the portion o! the plat of PINELLAS
~, GROVES in which the property Hes, is recorded
In Plat Book 3. Page 15. not Plat Book I, PaRe SS,
Less the fo11owirtg'desctibed'ttact:
From the NW coroe,r of SectLl'll'\ 12, Tov.nship l.9 S,. Hal\j.!.':
run S. 0025' 21" W.. along the West linr of said Spction 12,
. I
feet for the Point of Be~lnning; thf'n~e run 5. 890 20' 04" r."
709.76 (eet; thenct" ri1n S. 00 25' 21" W.. 613. 7 ~ fert; thf'nc(! rlln
N.' 890 20' 04" W.. 709.76 feet; thrnce run N. 00 Z51 /.1" E.. ;\long
the section line 613~73 (eet to the P.O,.B. Containing 10 acres M.O.L.
Contai.nln~ 10.00 Acres
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NOT E: This Is Not A Survey
Drawing Not To Scale
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ALTA O'!Y~e(s POiic,Y - Form 8 - Amended 10-17-70
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POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedu Ie A, against loss or damage, not exceeding the amount of insurance stated in Schedu Ie 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:
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, Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
du Iy authorized officers as of Date of Policy shown in Schedule A.
STEWART TITLE
~~ ht~
wAaw/$~
GUARANTY COMPANY
~e~~
Authorized Signatory
President
Chairman of the Board
Cou ntersigned by:
Company
City, State
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, 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; 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,
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0018
(25M 11-87)
~~!:~rNO~, 0.9902. 44 7 9 7 8
-+--~~~-+-~~..........--
r"t
. ALTA OWNER'S POLICY-Amended 10/17/71
nl~'. E:; ,-
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SCHEDULE A
Date of Policy: September 08, 1989
Policy No,: 0- 9902447978
Amount of Insurance: $ 749 , 250 , 00
Order No,: 89080070
1. Name of Insured CITY OF CLEARWATER FLORIDA, A MUNICIPAL CORPORATION
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:
CITY OF CLEARWATER FLORIDA, A MUNICIPAL CORPORATION
4. The land referred to in this policy is described as follows:
That part of Lots 6, 7 and 8 of PINELLAS GROVES in the Northwest
1/4 of Section 12, Township 29 South, Range 15 East, and that
part of Lots 25 and 26, said PINELLAS GROVES in the Southwest
1/4 of Section 1, Township 29 South, Range 15 East, as recorded
in Plat Book 1, Page 55 and also recorded in Plat Book 3, Page
15, both of the Public Records of Pinellas County, Florida,
being more particularly described as follows:
From the southwest corner of said Section 1, said point also
being the Northwest corner of said Section 12, as a POINT OF
BEGINNING, thence N. 00 deg. 08' 02" W along the West line of
said Section 1, 332.96 feet; thence S. 89 deg. 20' 01" E, 551.91
feet to a point on the Southerly line of the S.A.L. Railroad;
thence along said Southerly line by a curve to the right having
a radius of 2814.93 feet, a chord bearing S. 77 deg. 04' 03" E,
127.64 feet along an arc of 126.47 feet; thence S. 00 deg. 10'
28" E, along a 10 Acre Line, 305.50 feet to a point on the South
line of said section 1; thence along said South line, S 89 deg.
21' 54" E, 33.29 feet; thence S 00 deg. 25' 21" W, 298.77 feet;
thence N. 89 deg. 20' 04" W, 709.76 feet to a point on the West
line of said Section 12; thence N. 00 deg. 25' 21" E, along
said West line, 298.39 feet to the POINT OF BEGINNING.
Page 2 of 4
STEWART TITLE
GUARANTY COMPANY
0012
20 M 11/88
'AL TA f:>W'NER'S POLICY
Order No. 89.0800;"0,'
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SCHEDULE B
9902
Policy No.:
0-*Dll:1-447978
This policy does not insure against loss or damage by reason of the following:
delete 1,
2,
3.
~~kKUt~~~~~~xx
delete
Easements, or claims of easements, not shown by the public records.
ElM{;
K~lijl
Aruyxli~~~X}{ID{~~~OUOOOC>>~~xxx
ifAA~1t~moocRxJtR~
5, Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
kKmcDx~
delete 4,
6, Any titles or rights asserted by anyone including but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any,
7, Taxes for the year 19 89 and thereafter,
8. Subject to reservation as shown in Deed of Conveyance recorded
in Deed Book 1634, Page 67 of the Public Records of Pinellas
County, Florida: "Grantee agrees as a consideration for this
conveyance that this property will be developed in accordance
with planning and zoning ordinances of CITY OF CLEARWATER as
R-l, single family residential property."
9. Subject to Easement from BOARD OF PUBLIC INSTRUCTION OF PINELLAS
COUNTY, FLORIDA to CITY OF CLEARWATER, FLORIDA, as recorded 1n
O.R. Book 2418, Page 448 of the Public Records of Pinellas
County, Florida.
10. Subject to easement fifteen (15) feet wide along the Southerly
boundary line for ingress/egress of section 1, Township 27 S,
Range 15 E, Pinellas County, Florida, as recorded in O.R. Book
4173, Page 570 of the Public Records of Pinellas County,
Florida.
11. Subject to easement fifteen (15) feet wide along the Northerly
boundary line for ingress/egress of Section 12, Township 27 S,
Range 15 E, pinellas County, Florida, as recorded in O.R. Book
4173, Page 570 of the Public Records of Pinellas County,
Florida.
12, Subject to easement fifteen (15) feet wide along the Westerly
boundary line for ingress/egress of Section 12, Township 27 S,
Range 15 E, Pinellas County, Florida, as recorded in O.R. Book
4173, Page 570 of the Public Records of Pinellas County,
Florida.
13. Subject to easement fifteen (15) feet wide along the Westerly
boundary line for ingress/egress of Section 1, Township 27 S,
XilOOOXK Page 3 of 4 ~lUOOO{ continued ors~A<.R.T TITLE
GUARANTY COMPANY
2113
203 A
(50M 1-89)
'.
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Attached to and made a part of Stewart Title Guaranty Company Policy No,
O-i~ 9902-447978
Continuation of Schedule B
Range 15 E, Pinellas County, Florida, as recorded in O.R. Book
4173, Page 570 of the Public Records of Pinellas County,
Florida.
14. Subject to forty (40) foot right-of-way easement from THE SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA to the CITY OF CLEARWATER,
filed December 31, 1985 in O.R. Book 6395, Page 700 of the
Public Records of Pinellas County, Florida.
15. Subject to the Legal Description as it appears in Deed from J.
FRANK HANCOCK, JR. and JOYCE J, HANCOCK, his wife as recorded 1n
O.R. Book 1341, Page 501 of the Public Records of pinellas
County, Florida. The description is erroneous in that Parcel
"B" is incapable of closure by approximately 20 feet. It
appears that a mistake was made in the computation of the
intersection of the North property line with the railroad
right-of-way. ALSO, the portion of the plat of PINELLAS GROVES
in which Parcel "B" lies, is recorded in Plat Book 3, Page 15;
not Plat Book 1, Page 55.
16. The SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA reserves as to an
undivided 3/4 interest in, and title in and to, an undivided 3/4
interest in all the phosphate, minerals and metals that are or
may be in, on, or under the above described real estate and an
undivided 1/2 interest in all the petroleum that is or may be in
or under said land with the privilege to mine and develop same.
Page "@X~X~ 4 of 4
~TE'\'AU.T T'ITI...E
GUARASTY ('OMI"ASl
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CcJDITIONS AND STIPULATIONS Continued 1
(continued and concluded from reverse side of Policy Fa )
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 accord-
ance 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 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 Com-
pany,
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 s.hall 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
I f the land described in Schedu Ie 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
Valid Only If Schedules A and B are Attached.
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 SETTLE-
MENT
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 insu red 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 it at its main office, p, O. Box 2029,
Houston, Texas 77252,
14, The premium specified in Schedule A is the entire.
charge for acceptance of risk, It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued,
STEWART TITLE
GUARANTY COMPANY
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STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
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STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
\C\
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POLICY
OF
TITLE
INSURANCE
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
ro:
Cynthia E, Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
FROM:
SUBJECT: Purchase from John H, Harland Company (National Safe property,
1900 Grand Avenue, Clearwater) (For use as fleet maintenance facility)
DATE:
March 10, 1988
The subject purchase has been completed and enclosed are the following
documents:
Seller's Closing Statement
Buyer's Closing Statement
Title Commitment #BE741450 issued by Lawyers Title Insurance Corp.
Title Policy #85-00-987111 issued by Lawyers Title Insurance Corp,
Copy of Survey
Warranty Deed dated 1/26/88
Affidavit of No Liens
Tax Proration Agreement
N on-F oreign Certification by Corpora te Transferor
The contract for sale and purchase was forwarded to you on 12/4/87.
MAG:jmp
Enclosures
cc: Dan Deignan, Finance Director w/copy of Closing Statements
J\ECEIVED
MAR i 1 1988
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CITX CLEM
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Amerfc-an' Lar,d'Title Association Commitmant - 1966
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COMMITMENT FOR TITLE
ISSUED BY
INSURAN!e
89080070
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STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas 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 pay-
ment 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 onfy",menthe 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 six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not thefaultofthe Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, StewartTift~<.iLJaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITI..E
Chairman of the Board
ersigned by:
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GUARASTY rUMPASY
President
Company
City. State
Serial No. C. 9 912~ 4 9 4 2 4 8
005N Rev, 3/78
50M 8-88
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SCHEDULE A
Effective Date of Commitment:
Auqust 30, 1989 at 5:00 P.M.
Commitment No,
C'-QQ1?-494248
Your No,:
89080070
Prepared For: CITY OF CLEARWATER FLORIDA,
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(al ~ AL TA Owners Policy
$
749,250.00
Proposed Insured:
CITY OF CLEARWATER FLORIDA, A MUNICIPAL CORPORATION
(b) D AL TA Loan Policy
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple,
3. Title to said estate or interest in said land is at the effective date hereof vested in:
THE BOARD OF PUBLIC INSTRUCTION, PINELLAS COUNTY, FLORIDA, n/k/a SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
That part of Lots 6, 7 and 8 of PINELLAS GROVES in the Northwest
1/4 of Section 12, Township 29 South, Range 15 East, and that
part of Lots 25 and 26, said PINELLAS GROVES in the Southwest
1/4 of Section 1, Township 29 South, Range 15 East, as recorded
in plat Book 1, Page 55 Public Records of Pinellas County,
Florida, being more particularly described as follows:
From the Southwest corner of said Section 1, said point also
being the Northwest corner of said Section 12, as a POINT OF
BEGINNING, thence N. 00 deg. 08' 02" W along the West line of
said Section 1, 332.96 feet; thence S. 89 deg. 20' 01" E, 553.05
feet to a point on the Southerly line of the S.A.L. Railroad;
thence along said Southerly line by a curve to the right having
Page 2 of ~ontinued on next page
STEWART TITLE
2552
GUARANTY COMPANY
I
I
CONTINUATION SHEET
Order Number:
SCHEDULE _
A
Commitment Number:
89080070
C-9912-494248
PROPERTY DESCRIPTION CONTINUED:
a radius of 2814.93 feet, a chord bearing S. 77 deg, 04' 03" E,
126.44 feet along an arc of 126.47 feet; thence S. 00 deg. 10'
28" E, along a 10 Acre Line, 305.50 feet to a point on the South
line of said Section 1; thence along said South line, S 89 deg.
21' 54" E, 33.29 feet; thence S 00 deg. 25' 21" W, 298.77 feet;
thence N. 89 deg. 20' 04" W, 709.76 feet to a point on the West
line of said Section 12; thence N. 00 deg. 25' 21" E, along
said West line, 298.39 feet to the POINT OF BEGINNING.
LESS AND EXCEPT:
Fifteen (15) foot easement for ingress/egress along the
Southerly fifteen (15) feet of Section 1, Township 27 S, Range
15 E; and a fifteen (15) foot easement for ingress/egress along
the Northerly fifteen (15) feet of Section 12, Township 27 S,
Range 15 E; and a fifteen (15) foot easement for ingress/egress
along the Westerly fifteen (15) feet of Section 12, Township 27
S, Range 15 E; and a fifteen (15) foot easement for
ingress/egress along the Westerly fifteen (15) feet of Section
1, Township 27 S, Range 15 E.
3 of 5
Page _
STEWART TITLE
0055 (50M 3/89)
GUARANTY COMPANY
.-'
~
I
SCHEDULE B
I
ORDER NO:
89080070
Commitment Number: C-9912-494248
I. The following are the requirements to be complied with:
1, Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
record,
Fee Simple Deed to be executed from THE BOARD OF PUBLIC
INSTRUCTION, PINELLAS COUNTY, FLORIDA, n/k/a SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA to CITY OF CLEARWATER, FLORIDA, A
MUNICIPAL CORPORATION.
II. 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, Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records,
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records,
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured,
(f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities,
to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes. bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any.
3, SpeCial Exceptions:
(a) Taxes,
Subject to Taxes for the year 1989 and subsequent years, which
are not yet due and payable.
Parcel No. 12/29/15/70182/200/0702 (Parcel "A")
Parcel No. 01/29/15/70164/300/2501 (Parcel "B")
Gross Tax for 1988, $0.00.
4.
Subject to reservation as shown in Deed of Conveyance recorded
in Deed Book 1634, Page 67 of the Public Records of Pinellas
County, Florida: "Grantee agrees as a consideration for this
conveyance that this property will be developed in accordance
with planning and zoning ordinances of CITY OF CLEARWATER as
R-1, single family residential property."
5.
Subject to Easement from BOARD OF PUBLIC INSTRUCTION OF PINELLAS
COUNTY, FLORIDA to CITY OF CLEARWATER, FLORIDA, as recorded 1n
O.R. Book 2418, Page 448 of the Public Records of Pinellas
County, Florida.
6.
Subject to easement fifteen (15) feet wide along the Southerly
boundary line for ingress/egress of Section 1, Township 27 S,
Range 15 E, Pinellas County, Florida.
Page 4 of 5
Continued on next page
2153 (Rev. 3/80)
RI<<<<~
STEWAU.T TITLE
GUARANTY COMPANY
-
A
I
I
CONTINUATION SHEET
SCHEDULE _
B
Order Number:
89080070
Commitment Number:
C-9912-494248
SCHEDULE B - PART II CONTINUED
7. Subject to easement fifteen (15) feet wide along the Northerly
boundary line for ingress/egress of Section 12, Township 27 S,
Range 15 E, Pinellas County, Florida.
8. Subject to easement fifteen (15) feet wide along the Westerly
boundary line for ingress/egress of Section 12, Township 27 S,
Range 15 E, Pinellas County, Florida.
9. Subject to easement fifteen (15) feet wide along the Westerly
boundary line for ingress/egress of Section 1, Township 27 S,
Range 15 E, Pinellas County, Florida.
10. Subject to the Legal Description as it appears in Deed from J.
FRANK HANCOCK, JR. and JOYCE J. HANCOCK, his wife as recorded 1n
O.R. Book 1341, Page 501 of the Public Records of Pinellas
County, Florida. The description is erroneous in that Parcel
"B" is incapable of closure by approximately 20 feet. It
appears that a mistake was made in the computation of the
intersection of the North property line with the railroad
right-of-way. ALSO, the portion of the plat of PINELLAS GROVES
in which Parcel "B" lies, is recorded in Plat Book 3, Page 15;
~ plat Book 1, Page 55.
['/. . ' ,t....
11. The SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA reserves as to an
undivided 3/4 interest in, and title in and to, an undivided 3/4
interest in all the phosphate, minerals and metals that are or
may be in, on, or under the above described real estate and an
undivided 1/2 interest in all the petroleum that is or may be in
or under said land with the privilege to mine and develop same.
Page ~f 5
STEWART TITLE
0055 (50M 3/89)
GUARANTY COMPANY
~
.~) .
I
I
CONDITIONS AND STIPULATIONS
1, 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 B 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 I nsured 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 B 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 B, 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 and
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 I nsured 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.
STE~ART TITLE
GU ARANTY COMPANY
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 P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
COMMITMENT
FOR
TITLE INSURANCE
,
-
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,-.
Issued by
STEWART TITLE
GUARANTY COMPANY
(