CITY OF CLEARWATER (2)
I
BONNER, HOGAN
(/
& PEARSE, ..-./A.
~~
ATTORNEYS AND COUNSELLORS AT LAW.
.JOHN R. BONNER, SR.
ELWOOD HOGAN. .JR.
RICHARD L. PEARSE, .JR.
October 8, 1985
Hl\.1IID DELIVERED
Mr. James V. Hensley
Special Assistant to the Director
Public Works Dept.-City of Clearwater
Post Office Box 4748
Clearwater, FL 33518
613 SOUTH ~YRTLE AVENUE
POST OFFICE BOX 1640
CLEARWATER. FLORIDA 33517
(8,13) 4-61-7777
Re: Parcels in Section 1-29-15 & Section 12-29-15
Dear Mr. Hensley:
We enclose Attorneys' Title Insurance Fund Policy of Title Insurance
No. OG-104l47l, issued in the amount of $600,000.00, covering the recent
purchase of the above captioned property.
/' PUBLIC V.,IOOKS DErr.
"-:.~ ODGB I3'1l oa
o WeB 0 JV~ 0 Art 0 ex;
OAW~ OR~ 0 GS O~
o TCJ 0 !;:J.'-:~ 0 P J 0 t-G
o HCS 0 WJS 0 DJG 0
OTHER
FILE
JRB : g'Il
Enclosure
~--~\ (.::-~ i ,;.~ Ii;;:! i ~Tt :":'"M
"n~<~7 ~':{~::"~J::.~'.:- '~;:',
:t 7 .,-; - .,!
~.I_ tIJ-e.
. I
\
.
i r'
L____. -.,
-1
--'.~ - .,-~
Very truly yours,
BONNER, HOGAN & PEARSE, P .A.
:~~ _ .Jf~ ,3 .
,~~V"-,
{,,/
John R. Bonner, Sr.
L- J7
- ,
~
IJ-OJ5-0 1 (/~)
-'~
(Same coverage as Am .can Land Title Association Owner's Policy - Form A 70 - Amended 10-17.70)
GUARANTEE OF TITLE (OWNER)
Attorneys'TItle Insurance Fund
ORLANDO, FLORIDA
OPINION ON TITLE
The Attorney, who signed Schedule A and who is a member of ATTORNEYS' TITLE INSURANCE FUND,
hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the
insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all
encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the
Exclusions from Coverage.
GUARANTEE OF TITLE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATTORNEYS' TITLE
INSURANCE FUND, a business trust, herein called The Fund, insures, as of Effective Date of guarantee
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,
and costs, attorneys' fees and expenses which The Fund 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; or
3. Lack of a right of access to and from the land.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this guarantee to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Tide Insurance Fund
BY#;~~
President and Executive Secretary
SERIAL
OG-
1041471
FUND FORM OG (11/84 OS) 2.SM)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this guarantee:
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 Effective Date of guarantee.
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 Fund and not shown by the public records but known to
the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate
or interest insured by this guarantee and not disclosed in writing by the insured claimant to The Fund
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 Effective Date of guarantee;
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 tllis guarantee.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in
the land described in Schedule A.
I
I
---
I
FUNR OWNER'S FORM
SCHEDULE A
t
Policy or
Guarantee No.: OG-1041471 Effective Date: 8/15/85
@ 3:41 p.m.
Member's File Reference: 217-294
Amount of Insurance: $ 600,000.00
I. Name of Insured:
CIlY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION
2. The estate or interest in the land described herein and which is covered by this policy or guarantee is ;) fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 6054 , Page 1518 , of the Public Records
of Pinellas County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
Tract 1: Begin at the Northwest corner of Section 12, Township
29 South, Range 15 East, run East along section line 709.76 feet
toP.O.B., thence East along section line 643.18 feet, thence South
474.0 feet, thence West 643.18 feet parallel with North section
line, thence North 474.0 feet to Point of Beginning.
Tract 2: That part of Lots Twenty-Seven (27) and Twenty-Eight
(28), lying South of the Seaboard Airline Railroad right-of-way
in Pinellas Groves, in the Southwest Quarter (SW-l/4) of Section 1,
Township 29 South, Range 15 East, Plat Book 3, Page 15.
LESS public rights-of-way.
Post Office Box 1640
(Mailing Address)
C:1 e~Y'lAT~rpr
(City)
33517
(Zip)
ISSUED BY
BONNER, HOGAN & PEARSE, P.A.
(Attorney or Firm of Attorneys)
217
MEMBER NO.
FUND Form OG/OP/OPM-SCH, A (Rev, 1/77) (8/15/84 60M)
I
FUND OWNER 'S FORM
\.. ,.,
t
SCHEDULE B
Policy or Guarantee No.: 00-1041471
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the. effective date of this policy or guarantee and taxes or special assessments which are not shown as
existing liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. ~,
~.
6. Rights claimed in personal property attached or illlattached to captioned property.
7. Charges or assessments owing to any milllicipal authority.
8. Subject to restrictions shown in deed from City of Clearwater to J. Frank Hancock, Jr.,
recorded jJovember 28, 1956, in Deed Book 1634, Page 67, of the Public Records of
Pinellas COilllty, Florida (as to Tract 1).
9. Ordinance of the City of Clearwater, Florida, recorded in O.R. 5578, Page 1216,
vacating right-of-way for ArcturasAvenue lying south of the Seaboard Coastline
Railroad and adjacent to Lot 28, Pine11as Groves Subdivision, Section 1-29-15, Pine 11 as
COilllty, Florida.
FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (11/82 DSI10M)
......-
,. Definition of Terms I CONDITI~NS A~D S~~~r~t~~:'I:Na:peal 10m any adverse judgment or order.
The following terms when used in this guarantee mean: (e) In all cases where this guarantee permits or requires
(a) "insured": the insured named in Schedule A, and, The Fund to prosecute or provide for the defense of any
subject to any rights or defenses The Fund may have had action or proceeding, the insured hereunder shall secure to
against the named insured, those who succeed to the The Fund the right to so prosecute or provide defense in
interest of such insured by operation oflaw as distinguished such action or proceeding, and all appeals therein, and
from purchase including, but not limited to, heirs, permit The Fund to use, at its option, the name of such
distributees, devisees, survivors, personal representatives, insured for such purpose. Whenever requested by The
next of kin, or corporate or fiduciary successors. Fund, such insured shall give The Fund all reasonable aid
(b) "insured claimant": an insured claiming loss or in any such action or proceeding, in effecting settlement,
damage hereunder. securing evidence, obtaining witnesses, or prosecuting or
(c) "knowledge": actual knowledge, not constructive defending such action or proceeding, and The Fund shall
knowledge or notice which may be imputed to an insured reimburse such insured for any expense so incurred.
by reason of any public records. 4. Notice of Loss _ Limitation of Action
(d) "land"; the land described, specifically or by
reference in Schedule A, and improvements affixed In addition to the notices required under paragraph
thereto which by law constitute real property; provided, 3(b) of these Conditions and Stipulations, a statement in
however, the term "land" does not include any property writing of any loss or damage for which it is claimed The
beyond the lines of the area specifically described or Fund is liable under this guarantee shall be furnished to
referred to in Schedule A, nor any right, title, interest, The Fund within 90 days after such loss or damage shall
estate or easement in abutting streets, roads, avenues, have been determined and no right of action shall accrue to
alleys, lanes, ways or waterways, but nothing herein shall an insured claimant until 30 days after such statement shall
modify or limit the extent to which a right of access to have been furnished. Failure to furnish such statement of
and from the land is insured by this guarantee. loss or damage shall terminate any liability of The Fund
(e) "mortgage "; mortgage, deed of trust, trust deed, or under this guarantee as to such loss or damage.
other security instrument. 5. Options To Payor Otherwise Settle Claims
(f) "public records"; those records which by law
impart constructive notice of matters relating to said land. The Fund shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
2. Continuation of Insurance after Conveyance of Title insured against or to terminate all liability and obligations
The coverage of this guarantee shall continue in force of The Fund hereunder by paying or .tendering payment
as of Effective Date of guarantee in favor of an insured so of the amount of insurance under this guarantee together
long as such insured retains an estate or interest in the with any costs, attorneys' fees and expenses incurred up
land, or holds an indebtedness secured by a purchase to the time of such payment or tender of payment, by the
money mortgage given by a purchaser from such insured, insured claimant and authorized by The Fund.
or so long as such insured shall have liability by reason of 6. Determination and Payment of Loss
convenants of warranty made by such insured in any
transfer or conveyance of such estate or interest; (a) The liability of The Fund under this guarantee
provided, however, this guarantee shall not continue in shall in no case exceed the least of:
force in favor of any purchaser from such insured of (i) the actual loss of the insured claimant; or
either said estate or interest or the indebtedness secured (ii) the amount of .insurance stated in Schedule A.
by a purchase money mortgage given to such insured. (b) The Fund will pay, in addition to any loss insured
against by this guarantee, all costs imposed upon an
3. Defense and Prosecution of Actions - Notice of Claim insured in litigation carried on by The Fund for such
To Be Given by an Insured Claimant insured, and all costs, attorneys' fees and expenses in
(a) The Fund, at its own cost and without undue litigation carried on by such insured with the written
delay, shall provide for the defense of an insured in all authorization of The Fund.
litigation consisting of actions or proceedings commenced (c) When liability has been definitely fixed in
against such insured to the extent that such litigation is accordance with the conditions of this guarantee, the loss
founded upon an alleged defect, lien, encumbrance, or or damage shall be payable within 30 days thereafter.
other matter insured against by this guarantee. 7. Limitation of Liability
(b) The insured shall notify The Fund promptly in
writing (i) in case any action or proceeding is begun as No claim shall arise or be maintainable under this
set forth in (a) above, (ii) in case knowledge shall come guarantee (a) if The Fund, after having received notice of
to an insured hereunder of any claim of title or interest an alleged defect, lien or encumbrance insured against
which is adverse to the title to the estate or interest as hereunder, by litigation or otherwise, removes such
insured, and which might cause loss or damage for which defect, lien or encumbrance or establishes the title, as
The Fund may be liable by virtue of this guarantee. If insured, within a reasonable time after receipt of such
such prompt notice shall not be given to The Fund, then notice; (b) in the event of litigation until there has been
as to such insured all liability of The Fund shall cease and a final determination by a court of competent jurisdiction,
terminate in regard to the matter or matters for which and disposition of all appeals therefrom, adverse to the
such prompt notice is required; provided, however, that title, as insured, as provided in paragraph 3 hereof;
failure to notify shall in no case prejudice the rights of or (c) for liability voluntarily assumed by an insured in
any such insured under this guarantee unless The Fund settling any claim or suit without prior written consent of
shall be prejudiced by such failure and then only to the The Fund.
extent of such prejudice. 8. Reduction of Liability
(c) The Fund shall have the right at its own cost to All payments under this guarantee, except payments
institute and without undue delay prosecute any action or made for costs, attorneys' fees and expenses, shall reduce
proceeding or to do any other act which in its opinion the amount of the insurance pro tanto. No payment shall
may be necessary or desirable to establish the title to the be made without producing this guarantee for endorsement
estate or interest as insured, and The Fund may take any of such payment unless the guarantee be lost or destroyed,
appropriate action under the terms of this guarantee, in which case proof of such loss or destruction shall be
whe~her or not it shall be liable thereunder, and shall not furnished to the satisfaction of The Fund.
thereby concede liability or waive any provision of this
guarantee. 9. Liability Noncumulative
(d) Whenever The Fund shall have brought any action or It is expressly understood that the amount of insurance
interposed a defense as required or permitted by the under this guarantee shall be reduced by any amount The
provisions of this guarantee, The Fund may pursue any such Fund may pay under any guarantee insuring either (a) a
litigation to final determination by a court of competent mortgage shown or referred to in Schedule B herrof which
jurisdiction and expressly reserves the right in its sole is a lien on the estate or interest covered by this
CONDITIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STIPULATIONS (continued)
guarantee, 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 deemeda payment under this guarantee. The
Fund 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 guarantee and the amount so paid
shall be deemed a payment under this guarantee to said
insured owner.
10. Apportionment
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss
is established affecting one or more of said parcels but not
all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this guarantee
was divided pro rata as to the value on Effective Date of
guarantee of each separate parcel to the whole, exclusive
of any improvements made subsequent to Effective Date
of guarantee, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund and the
insured at the time of the issuance of this guarantee and
shown by an express statement herein or by an
endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under
this guarantee, all right of subrogation shall vest in The
Fund unaffected by any act of the insured claimant. The
Fund 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 guarantee not been issued, and if requested by
The Fund, such insured claimant shall transfer to The
Fund all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit The Fund 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 Fund 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 guarantee, but The Fund, 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 Fund by reason of the
impairment of the right of subrogation,
12. Liability limited to This Guarantee
This instrument together with all endorsements and
other instruments, if any, attached hereto by The Fund is
the entire guarantee and contract between the insured and
The Fund.
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 guarantee.
No amendment of or endorsement to this guarantee
can be made except by writing endorsed hereon or
attached hereto signed by either the President, a Vice
Prefldent, or member of The Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando, Florida 32802.
About your policy. . .
This policy provides valuable title protection. You should keep it in a safe place where it will be readily available for future reference.
There is no recurring premium.
Your policy is underwritten by Attorneys' Title Insurance Fund, the nation's first bar.related™ title insurer. Founded in 1947 as a
blolsiness trust under the insurance laws of the State of Florida, The Fund exists so that member attorneys can provide real estate
consumers with the extended protection of title insurance in addition to their other legal services.
-_..~
a-... _ _