ALLYN AND VALERIE AYERS
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WARR....NTY DEgO
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. A. D. 1979 .
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RAMeo FOIHl 4
day of
October
ALLYN AYERS and VALERIEL. .AYERS, his wife, 0 R !J 9~ 6
. . ~ " PAGE
19
ot the County of Pinellas
part ies of the first part, and
whose mailing address is
PO Box 4 748, 'Clearwat~r
of the County of Pinellas
'I
and Slate of Florida
CITY OF CLEAR WATER, FLORIDA, a municipal
corporation,
and State of
Florida 33518
party of the second part. laitntsseth, that the said parties of the first part. for and
in consideration of the sum of--------Ten-------..----------______Dollars. and other good
and valuable considerations to them in hand paid. the receipt whereof is hereby acknowl-
edged, ha ve grallted. bargained. sold alld conveyed. and by these presents do granfe bar.
gain, sell, convey and confirm unto the said parly of the second part and its ucc ~rs
alld 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:
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From the NE corner of Lot 1, Block 2, W. F. Hughey's
Subdivision, according to the map or plat thereof as
recorded in. Plat Book 1, .page 70 of the Public Records
of Pinel1as County, Florida,. run N 88-59'1111 Walong
North line of said Lot 1, a distance of 30 feet to p. O. B. ;
thence N 88-59'11" W along said North line, 22 feet;
thence run S 44- 31'2511 E, a distance of 7.137 feet;
thence run S 00-03'41" E, a distance of 78.5 feet; thence
S 44-15'50" W, a distance of 33.10 feet; thence run
S 88 - 59'11" E, a distance of 18.0 feet; thence N 59 -45'
1311 E, a di~tance of 15.67 feet; thence N 28-25'24" E,
a distance of 18.0 feet; thence run N 00-03'41" W, a
distance of 83.5 feet to p. O. B.
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Together with all the tenements, heredl'FamenisculdappurienanreS:zl;Uh-everYI.-rivilege, right.
litle, interest and estate. dower and right of dower, reversion, remainder alld easement thereto
belong!'ng or in anywise appertaining: 10 lla16t and to llo!d the same in fee simple forever.
And the said part ies of the first part do covenant with the said part y of the
second part that they are lawfully sei::ed of the said premises, that they are free froll
all encumbrances and that they have good right and lau'-
flLl authority to sell the same; and the: said part ies of the first /Jort do hereby fully u'arrant
the title to said land, and u'ill defend the so,';e against the lau/lll claims of all persons wllOmsoever.
~n 'Witness l{fhereof, the said parties
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of the first part have
hereunto set their
and seals
the day.and year above wriften.
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STATE OF FLORIDA )
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co'C'~ fY OF PIN::::...LAS )
55:
O.R. ~ 9 2 6 PAGE
191
Before me personally appeared
ALLYN AYERS and VALERIE L. AYERS, his wife,
to me well known and known to me to be the individual s described
executed the foregoing instrument and acknowledged before me that
executed the same for the purposes therein expressed.
in and who
they
WITNESS my hand and official seal this
A. D. 19 79 .
9-t!!
_ da y of
October
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My Commiss ion Expires:
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Title and' G~arantyl
HOME OFFICE, ATLANTIC CITY, N. ],
INTERIM TITLE INSURANCE BINDER
Company
OUR FILE #37,191
NO.3 7 3 4 4 6 B
TO:
CITY OF CLEARWATER
DATE September 14, 1979
at 5: 00 P. M.
Pursuant to application for Title Insurance on lands and premises described in Schedule "A" hereof,
we beg to advise that as of the date of this binder we will cause to be issued our Oweners
(Owners, leasehold and/or mortgagee's)
Policy of Title Insurance in an amount not exceeding $15,000.00 in its customary form
insuring:
CITY OF CIEARWATER
subject only to such conditions and stipulations of the Policy and the exceptions
and requirements as appear in Schedules "B" and "e" hereof which will appear as exceptions in Schedule
"B" in the Policy unless removed. At the date of this binder the title to said property was vested of record in:
ALLYN AYERS and VALERIE L. AYERS his wife
SCHEDULE "A"
Legal description of the real estate referred to in this Binder:
From the NE corner of Lot 1, Block 2, W.F. HUGHEY'S SUBDIVISION, Acmrding to the
map or plat thereof as recorded in Plat Book 1, page 70, of the Public Records
of Pine11as County, Florida, run N 880 59'11" W along North line of said Lot 1,
a distance of 30 feetoto P.O.B.; thence N880 59'11" W along said North ling, 22
feet; thence run S 44 31'25" E, a distance ob 7.137 feet; thence run S 0
03'41" E, a di8tance of 78.5 feet; thence S44 15'50" W, a distance of 33.10 feet;
thence run S88 59' 11" E, a distance of 18.0 feet; thence N 59045'13" E, a
dis.tanceoof 15.67 feet; thence N 28025'24" E, a distance of 18.0 feet; thence
run NOO 03'41" W, a distance of 83.5 feet to P.O.B.
SCHEDULE "B"
Requirements to be complied with before Policy of Title Insurance will be issued without exception
thereto: ITEM 1: Proper disbursanent of consideration for the estate or interest to
be insured.
Item 2. Proper documents creating or affecting, the estate or interest to be insured which must be
executed and duly filed for record, to-wit:
(a) Warranty Deed describing property as in Schedule "A" herein to be executed
by Allyn Ayers and Valerie L. Ayers his wife in favor of City of Clearwater.
(b) Release of subject land from that certain mortgage executed by Allyn Ayers
and Valerie Ayers his wife in favor of Albert Ayers and Loyce V. Ayers his wife
dated June 10, 1977 filed June 13, 1977 in O.R. Book 4559, page 950, said
mortgage was subordinated in O.R. Book 4865, page 1342, all of the Public Re-
cords of Pine11as County, Florida.
(c) Release of subject land from that certain mortgage executed by Allyn Ayers and
SCHEDULE "c" SEE REVERSE SIDE
ExcejJtions to be recited ill Title In.rurallce Policy u'hell i.r.rlied:
1. Rights or ct"aims of parties" other -than the'"": Insurea' ir1 actuu"1 'po~scssion -of any or all of the propeny.
. . .
2. Any ,'uriad(io., in -- Meation of. lilles" or d1me~.sioris. 'defi~i'en(y in
or which are' visihfc or are knoy.-n If) the. insured.
quantity of ground, or ariy st~te ''of fact ,,'hleh an ac:~ptahl~ s~r\'~y' ~"ou'fd "disclose,
3. Rights of wa)' and -easement.. o.,;er, across. aho\i(::- 'of oelow the surface of the land" 'nor df~c1osed o{ r'ecord ~lr 'aris}~~- h/ n~cessft'y o~ 'implication.
4. Possible unfiled Illl'c.:hanics' .lfld materialmen's liens.
s. All assessments and taxes for the year 19.......:..............:arid- alt' suhsequent years.
6. Liability for municipal improvements made or authorized hut not assessed.
7. Conditions, fesrticrion's', re~~er"ation,' limiiaiions, ~~sc;ne'ius c~ht;a-ctual 'or -fof" utilities~ .~hown oJ record or br,"- filed ..r!...It'" or. plan; as, 101l0\\':"s:
8. Sl,lbje.ct-to Lea~e ;l.ll, :favor. of AU.to.Cooling and EXhaust Systems Inc.',. 'filed. in
O.Roc :BOOk 4858; page 156-8,Jof the: Pttbtic~Record.s of pinellas: County,. Ftcii'ida.
9. Subject"to any and all unpaid assessments projected or to be projected if any.
10. Sub'jQctto all muni~ipal, liens for utilities.under-P'.S.159.17..'
".
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Note: This. property Subject, to zoning regulations. .
: SEE" REVERSE SIDE
:'-,
FORM 70
SCHEDULE "B"CONT'D
and Valerie L. Ayers his wife in favor of First National Bank of Clearwater dated
June 7, 1979 filed June 8, 1979 in O.R. Book 4865, page 1346, of the Public
Records of Pine1las County, Flotida.
SCHEDULE IJC!! CONT' D
11. Subject to restrictive 'covenants, con:lftionsand reservations as containced
m that certain Deed #2624, executed by the Trustees of the Internal Improve-
ment ;i'und, State of],lorida, .infavO:rof~.Edward'"T'Urrie.rdated 'April 9, 1945,
filed April 30, 1945, in Deed Book 1010 page 25, of the Public Records of
-:FinellasCounty) ,Florida. ~ ~ .,
.ReeerviJJ.g:utl.to the ~St'a.te of ~Florida easement for State of Florida- easement'
for State Road R:tght'.,of way 200 fe'et wide lying equally' on each -side: of ,the
center line of any State Road existing on the dated of this deed through so
much of any parcel herein described as ia within 100 feet of said center line.
As to all lands intracts or composite tracts aggregating ten (10) acres or more:
Reserved unto the State of Florida the title to an undivided one half of all
Petroleum and Petroleum products and to an undivided th~ee fourths of all other
minerals which may be found on or under the said land,j:og;ether with the right
to explore and develop' and mine t~ same.
UpfJn--: rcceil)[ hY the Issuing' -(;nicc of'-' t-hi~ Company or ('he i~'~'uing -office ~rit; 'd'uly-',~~dlOrizGd '-~Fcnrs 6f~a~isfacto~r; ~~v(d~rt-te ~hh~.~lI exceptt'ons
;lI1d r~quiremen:ts ,'l~t, fbrtt1.. ~unct,cY SU1~~llIe~ .. B". : ha v.e'_. been :;arhficd an~'. upiH)~-':: payI!t~n~ : of me' ~ clufrgt;s for tirt~ insllran.c~__ _as:' applie:ct (cU", alJ,d - fpr
,lhsrract ill)<L other. Ch?,q~t:5,:.~ncur~cd, ,ibis Cl)lllp~lfl). "j]l (a us\.: (~! he, i;.~ucd ro H)ll, Of.'\O your no'pinlc'e a~ their intercst~: m.ar ,app~ar,~.a _,~olicy of
~1 ilk JnsUf,-WCe: hy Cheh.ea": Titl~ ~~na' GU.lLlnt~" ConiparIY," 'ihowin!-:; 1ft S,,-'hcdlJoJc '~B":o.f ~ch policY' -only sueR exception'). a-s no" appear "in- Schedule
"C' hcre6f--n.Qd ~-tl(h ,~s ,1tPljcar,)~poil_'-ciJtliil';l:~l(16L :-.~.1l'cl-: c'( [!)~, -pubEc fcc6r,ds-'w the ~hte "o-r du,..r"ng._, YOlolr iran~ac:.[jon: '\v"hich are"'o?t ot' _ea.(in~,t
be: disposed or before, is~uin.g such 'poli..cy~ _" ~" - " ' " - - ':
Thi~' "Binder is delivered J and acc'ciHCd tJp011. the llndersundili.g that you h,-r';'(~ no -p'ersonal kno\\ le,,-fge or. inrin1<ltion' of any 'defect,' objection,
liel1 or encumbrance, litigation pending or cOnlunplatccl affcctir;~ ~;lid prcllliscs other dun [hose sho\\'11 undcr Schedule "B" hereof, and your failure
to disclose ,tny such personal informati(Jn \hall render this Binder and :1I1Y Policy isslled based thereon null and void as to :.;uch defect, ohjection,
lien or encumhrance, litigation pcnding or contclllpLllCd.
'Che li,tbility of (he Company under this Bindt r i.. limited [() the issuance of a policy of title insurance as contemplated herein, and in any
t'\'('J1( Ihi~ Rind~r s,h.'lll ..becOH](, nlll~,,';-\Ild _,,~oiJ at [hi.: I.:xpirJ._,i(')11 of ,Ginet)' cLlysfrom- date.... unless extended by this Company in writing.
3111 ltHtltl'n5 lUlrl'fl'of,. the CHELSEA TItLE AND' GUARANTY COMPANY has caused this
Binder ro he signed and sealed as of the d,ltt a hove mentioned, to he valid when countersigned by an
authorized officer or agent of the Com pan:, all in accordance with its by-laws.
CHELSEA TITLE AND GUARANTY COMPANY
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Officc or Agent
FORM 70
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CLOSING STATEMENT
Clearwater. Florida
October 9. 1979
Seller: Allyn Ayers and Valerie L. Ayers. hb wife
Purchaser: City of Clearwater. Florida
Property DeacriptionzPortion of Lot 1. Block Z. W. F. Hughey'. Sub.
Credits to Seller:
Sales Price
$15.000.00
Credits to Purchaser:
Seller's pro rata share
of 1979 taxes
Docwnentary Stamps
on Warranty Deed
Cash to close
$ 111. 89
60.00
14.8Z8.11
j15.000.00
$15,000.00
Costs to Purchaser:
Chels ea Title -
Title Commitment
$105.00
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79183123'
O.R.. 933 PAGE 1488
PAR TIAL RELEASE OF MOR TGAGE
WHEREAS, ALLYN AYERS and VALERIE L. AYERS, his wife, herein-
after referred to as "Mortgagors", by Indenture of Mortgage dated 1 Oth day
of June, 1977, and recorded in O. R. Book 4559, page 950, of the Public
Records of Pinellas County, Florida, granted and conveyed unto ALBER T
A YERS and LOYCE V. AYERS, his wife, hereinafter referred to as
"Mortgagee", their heirs and assigns, the premises therein described,
to secure the payment of the sum of other valuable considerations and Ten
Dollars, with interest as therein mentioned; and
WHEREAS, the said Mortgagors have requested the said Mortgagees
to release the premises hereinafter described, being part of said mortgaged
premises, from the lien and operation of said second Mortgage;
NOW, THEREFORE, the said ALBER T AYERS and LOYCE V. AYERS,
his wife, in consideration of the payment of any proceeds from condemnation
to Mortgagors, do hereby remise, release, quit-claim, exonerate and discharge
from the lien and operation of said second mortgage unto the said Mortgagors,
their heirs and assigns, all that piece, parcel or tract of land being a part
of the premises conveyed by said second mortgage, to wit:
From the NE corner of Lot 1, Block 2, W. F. Hughey's
Subdivision, according to the map or plat thereof, as re-
corded in Plat Book 1, page 70 of the Public Records of
Pinellas County, Florida, run N 88059' 11" W along North
line of said Lot 1, a distance of 30 feet to P. O. B.; thence N
88059'11" W along said North line, 22 feet; thence run
S 44031'25" E, a distance of 7.137 feet; thence run S 00003'41"
E, a distance of 78.5 feet; thence S 44015' 50" W, a distance
of 33.10 feet; thence run S 88059'11" E, a distance of 18.0
feet; thence N 59045'13" E, a distance of 15.67 feet; thence
N 28025'24" E, a distance of 18.0 feet; thence run N 00.03'41"
W, a distance of 83.5 feet to P. O. B.
TO HAVE AND TO HOLD the same, with the appurtenances, unto the
said Mortgagors, their heirs and assigns forever, freed, exonerated and
discharged of and from the lien of said second mortgage, and every part
thereof; provided, however, that nothing herein contained shall in anywise
impair, alter, or diminish the effect, lien or incumbrance of the aforesaid
second mortgage on the remaining part of said mortgaged premises, not
hereby released therefrom, or any of the rights and remedies of the holder
thereof.
IN WITNESS WHEREOF, the said Mortgagees have caused these
presents to be executed this 19 day of October, 1979.
Signed, sealed and delivered
in the presence of:
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Albert Ayers
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STATE OF FLORIDA
O.R. 6 9 33 PAGE 1 ~ 8 9
COUNTY OF PINELLAS
Before me personally appeared ALBER T AYERS and LOYCE V.
A YERS, his wife, to me well known and known to me to be the individuals
described in and who executed the foregoing instrument and acknowledged
before me that they executed the same for the purposes therein expressed.
WITNESS my hand and official seal this / i
A. D. 1979.
day of October,
My Commission Expires:
I"OTftRY PUBliC STATE Of :1.OKIDA ATtARd
MYCcr,\MISSiON EYJ'iR.ES JULy 171983.
K;1"iUW.,Hllll.:.l V):j'\ICK.i\1. )J\() ~ UI\lLlI...K W KI itKS
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79173143
PARTIAL RELEASE OF MORTGAGE
WHEREAS, ALLYN AYERS and VALERIE L. AYERS, his wife, herein-
after referred to as "Mortgagors ", by Indenture of Mortgage dated the 7th
day of June, 1979 and recorded in O. R. Book 4865, at Page 1346, Public
Records of Pinellas County, Florida, granted and conveyed unto THE FIRST
NA TIONAL BANK OF CLEARWATER, Clearwater, Florida, hereinafter
referred to as "Mortgagee ", its successors and assigns, the premises
therein described, to secure the paynlent of the sum of other valuable
considerations and Ten Dollars, with interest as therein mentioned; and
WHEREAS, the said Mortgagors have requested the said Mortgagee
~ to release the premises hereinafter described, being part of said mortgaged
lt~
~ premises, from the lien and operation of said Mortgage;
NOW THEREFORE, the said THE FIRST NATIONAL BANK OF
CLEARWATER, in consideration of the sum of other valuable considerations
and Ten Dollars to it in hand paid by said Mortgagors at the time of the
execution hereof, the receipt whereof is hereby acknowledged, does remise,
release, quit-claim, exonerate and discharge from the lien and operation of
said mortgage unto the said Mortgagors, their heirs and assigns, all that
piece, parcel or tract of land being a part of the premises conveyed by said
mortgage, to-wit:
...:
c.:
From the NE corner of Lot 1, Block 2, W. F. Hughey's
Subdivision, according to the map or plat thereof, as re-
corded in Plat Book 1, page 70 of the Public Records of
Pinellas County, Florida, run N 88059'1111 W along North
line of said Lot 1, a distance of 30 feet to P. O. B.; thence N
88059'11"W along said North line, 22 feet; thence run
S 44031'25" E, a distance of 7.137 feet; thence run S 00003'41"
E, a distance of 78.5 feet; thence S 44015150" W, a distance
of 33. 10 feet; thence run S 88059' 11" E, a distance of 18.0
feet; thence N 59045113" E, a distance of 15.67 feet; thence
N 28025'24" E, a distance of 18.0 feet; thence run N 00003 '41"
W, a distance of 83. 5 feet to P. O. B.
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said
Mortgagors, their heirs and assigns forever, freed, exonerated and discharged
of and from the lien of said mortgage, and every part thereof; provided,
however, that nothing herein contained shall in anywise impair, alter, or
diminish the effect, lien or incumbrance of the aforesaid Mortgage on the
remaining part of said mortgaged premises, not hereby released therefrom,
or any of the rights and remedies of the holder thereof.
IN WITNESS WHEREOF, the said Mortgagee has hereunto CCl.U$e~;Ctb-~~e ;'
presents to be executed by its fully authorized officers this~~daY().f~.,'
October, 1979.
By:
(SEAL)
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CLERK GIRC,.JiT>;U",
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O.R. ~ 926 PAGE 195
STATE OF FLORIDA)
) s s:
PINELLAS COUNTY)
I HEREB Y CERTIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
Commercial Loan
Donald L. Crosby Officer of THE FIRST NATIONAL BANK OF
CLEARWA TER, a corporation, to me well known to be the person described
in and who executed the foregoing Partial Release of Mortgage, and duly
acknowledged before me that he executed the same for the purposes and uses
therein expressed as the act and deed of said The First National Bank of
Clearwater.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at Clearwater, Pinellas County, Florida, this y'li./ day of
October, 1979.
7~4J1tM/ )jJJ;~
N ta ry Public
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My Commission Expires Jan. 24. 1981
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7917,3142
1
O.R. 4926 PAGE
19'2
PAR TIAL RELEASE OF LEASE
WHEREAS, AUTO COOLING AND EXHAUST SYSTEMS, INC. has
a leasehold interest in the property described in Exhibit A attached hereto,
such leasehold interest set forth in Lease recorded in O. R. Book 4858,
page 1568 of the Public Records of Pinellas County, Florida; and
WHEREAS, the City of Clearwater is acquiring the property described
in Exhibit A for road right-of-way purposes, and AUTO COOLING AND
EXHAUST SYSTEMS, INC. wishes to release the premises described in
Exhibit A from the operation of such lease as identified herein;
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NOW, THEREFORE, the said AUTO COOLING AND EXHAUST
. ~T~MS, INC., in consideration of the sum of other valuable considerations
and 'f'l;~n Dollars to it in hand paid by the City of Clearwater, Florida, does
hereby release and discharge the property described in Exhib it A from
the leasehold interest possessed by such corporation, which Lease is recorded
in O. R. Book 4858, page 1568 of the Public Records of Pinellas County,
Florida.
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IN WITNESS WHEREOF, the said Lessee has hereunto caused these
presents to be executed by its fully authorized officers this 1+!L day of
October, 1979.
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AUTO COOLING AND EXHAUST SYSTEMS,
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Attest:~
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ecretary .
INC.
By
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(Corporate Seal)
8
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths all;.d take acknowledgments,
dffih) Ut.bA4/ and j/~, L ~Jf.h4.-/
of A TO C&150LING AND EXHAUST SYSTEMS, IN ., to me welL known to be
the persons described in and who executed the foregoin Partial Release of
Lease, and duly acknowledged before me that they executed the same for the
purposes and uses therein expressed as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand \~p~, !~ffixed my
official seal at Clearwater, Pinellas County, Florida, thi~..<i o/.~'" <lay of
O t b 1979 ...,.......... ........,.-
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Wi, Cl.lmmissiill1 Expires May 25, 1931
Bonded By Amoli~n rirA R. r,.'''''~~' r ,t:r'IR~
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CLERK CIRCUIT.C.O.iJ.lH
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O.R. C. 9 2 6 PlGE 193
From the NE corner of Lot 1, Block 2, W. F. Hughey's
Subdivision, according to the map or plat thereof, as
recorded in Plat Book 1, page 70 of the Public Records of
Pinellas County, Florida, run N 88. 59'11" W along North
line of said Lot 1, a distance of 30 feet to p. O. B. ; thence
N 88. 59'11" W along said North line, 22 feet; thence run
S 44.31'25" E, a distance of 7.137 feet; thence run S 00.03'41"
E, a distance of 78.5 feet; thence S 44.15'50" W, a distance
of 33.10 feet; thence run S 88.59'11" E, a distance of 18.0
feet; thence N 59045'13" E, a distance of 15.67 feet; thence
N 28025'24" E, a distance of 18.0 feet; thence run N 00.03'41"
W, a distance of 83.5 feet to P. O. B.
EXHIBIT A
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AGREEMENT FOR PUR CHASE
AND SALE OF REAL ESTATE
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# day of
~ l,HIS AGREEMENT. made and entered into this
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,. A.5>-r:, A. D. 1979, by and between ALLYN AYERS and VALERIE L.
AYERS, his wife, hereinafer referred to as Sellers, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as Purchaser;
WITNESSETH:
That in consideration of the mutual promises and covenants herein
contained, and other valuable considerations pas sing between the parties
hereto, the Sellers agree to sell and the Purchaser agrees to buy the following
described real property situate, lying and being in Pinellas County, Florida,
to wit:
From the NE corner of Lot 1, Block 2, W. F. Hughey's
I
" Subdivision, according to the map or plat thereof as
recorded in Plat Book 1, page 70 of the Public Records
of Pinellas County, Florida, run N 88- 59'1111 W along
North line of said Lot 1, a distance of 30 feet to p. O. B.;
thence N 88 - 59'11" W along said North line, 22 feet;
thence run S 44- 31'25" E, a distance of 7.137 feet;
thence run S 00-03'41" E, a distance of 78.5 feet; thence
S 44-15'5011 W, a distance of 33.10 feet; thence run
S 88-59111" E, a distance of 18.0 feet; thence N 59-451
13" E, a distance of 15.67 feet; thence N 28-25'24" E,
a distance of 18.0 feet; thence run N 00-03141" W, a
distance of 83.5 feet to P. O. B.
The total purchase price of said property shall be the sum of
Fifteen Thousand Dollars ($15,000.00), together with an additional Five
Hundred Dollars ($500.00) for attorney's fee, payable in full upon closing,
which shall be on or before sixty (60) days from date hereof at the office of
the City Attorney, Clearwater City Hall, 112 S. Osceola Avenue, Clearwater,
Florida.
IN CONSIDERATION WHEREOF, Sellers agree to convey said property
to said Purchaser by good and sufficient Warranty Deed, with fee simple,
marketable title, free and clear of all encumbrances of record.
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Subject real property is to be used for right-of-way for Missou~i,
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Avenue and Sellers agree to move the rotating sign at their expense to the top
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front of the building facing Court Street in accordance with City Building
Inspection regulations and permits. Said mo;re has b~en pre-approved
by Stu Williams, City of Clearwater, Slgn Permlts.
Purchaser agrees that a left turn will be permitted from Missouri
Avenue, Northbound, into Brownell Street, Westbound.
~~rp~-r~Cl~.~-Q.!_~gYa:~~!~"%!~~~E~!;~~!:~!!J2~_se~-r~~~. ,.-,,---~... ~. .~.' ~..
~ ~.r.e.e-I.L.I_ \::.L.L"!Z:e:J:...c -J;;;~:J:. ~-O:J:. -...___r~ ';
P h . . .lit
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Ioo::l:U:Ie:::iiiii:i\~IA:llii~9~:R;~9r;5e:~i:eia; s:e:~ee,=:wh1e~:eom.~;ent:shaH:
S!b2W::;;[:Imn:::t:m;ple:~~m:~:tl:ES:1mpre: mta IO::'":'Cl~"a::pr~:rt:~:iii::m~
s@u~:s~:.;s:~:e~eH;e~6C-~~~~~; The Purchas er shall have a
reasonable time after the delivery of said commitment for the examination
thereof, and within said period shall notify the Sellers in writing of any objections
to said title. If this notification is not given within a reasonable time, then
said title shall be conclusively deemed to be acceptable to the Purchaser.
In the event that the title of the Sellers is not good and marketable, the Sellers
shall have a reasonable time thereafter to perfect the title; and if the defects
are not cured within such time, the Purchaser may demand a return of all
earnest moneys paid by it and cancel this contract, or waive the defects and
accept the property without deduction on account of said defects.
Sellers shall pay for the documentary stamps affixed to the deed;
and Purchaser shall pay the cost of recording the deed. Taxes for 1978 and
prior years shall be paid by Sellers, and taxes for 1979 shall be prorated as
of date of delivery of possession.
Both parties agree that neither have used the services of a real
estate broker in this transaction and no brokerage fee is due anyone.
The obligations and benefits under this contract shall extend to the
personal representatives, heirs, successors and assigns of the parties
hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
c...":o~t<.~A.U~
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As to Sellers )
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. alerie L. /Ayers
(SEAL)
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SELLERS
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Mayor- Co
Attest:
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. OWNER'S POLICY .. I ~
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~ eke tjea JUte an ':::Iuaranlg- Lompang- ~
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~ HOME OFFICE, ATLANTIC CITY, N. J. ff'~
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~ N~ 155644 F ff'~
~ Binder #37 34-4-6 ~
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I App. N o....3.7.,.~ 9.~ :.:.. ... AmounL......:?!.5.,'O'9.9.: 0 0 I
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~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~
~~_' called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ,,~
~ agree that it will pay to ff'~
~ ~
~ CITY OF CLEARWATER, FLORIDA, a Municipal Corporation ~
.~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ~
~~ not exceeding **FIFTEEN THOUSAND AND NO/IOO** ~
~ Dollars ($ 15,000.00 ), ff'~
~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the ~
~~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~
~ of liens or encumbrances against the same as of the date of the final examination of the title thereto, to-wit: ff'~
~ October 11, 1979 11 :57A.M. ~
~~ which date shall be deemed the effective date of this Policy, excepting the defects, estates, interests, objections, ~
~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of ff'~
~ this Policy hereto annexed and incorporated herein as a part of this contract. Any loss hereunder shall be established ~
~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~
~ compliance with the provisions of same and not otherwise. ff'~
~ ~
~~ This Policy shall not be binding until it shall have been countersigned by an authorized signatory of the ~
~ Company. 0-0.
~ ~
~ In Witness Whereof, C~(!l(!a :Jilt and (jua,.ant'l ~
~ Comf'an'l has caused these presents to be signed in facsimile by its duly ~
~"D authorized officers and its corporate seal to be affixed in accordance with ~
~ its By-Laws, this the 9th day of ~
~ January ,19 80 ff'~
~ C~e~ea :JUfeanJ /7uarant'J Compan'J ~
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~ President ~
~ By' ATTEST: ~ __ 0 ~ C2j ~
~"D /' -) _)J: / O~ ~
~ ( ( - _- >-?tl1d4~_ Secretary ~
~ Authorized $ig / tory ffI~
~ CARO~~ GOSHORN, Assistant Secretary fJ ~
~~~~~ ~~~~~~~~~~~~~~:~~~~~~~~~~~~.~~
Florida-2-Form 25
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SCHFOULE A
App. No.
37,191
PohL:Y No
15564-4-
Insured:
CITY OF CLEAR~TER, FLORIDA, a Municipal Corporation
Effe~tive date: October 11, 1979 at 11 :57 A.M.
Amount of Iiabllil~
'!i 15,000.00
I. The estate or interest of the Insured an the real estate describe~ below ~'nVl'rl'd hYlhl'
Poli~y is
FEE SIMPLE
2. The deed or other I'l"~ans by which the estate or interest covered by this P()li~Yls vest~d in
the Insured is described as follows:
Warranty Deed executed by Allyn Ayers and Valerie L. Ayers, his wife in
favor of City of Clearwater, Florid3, a MunicipaL Corporation dated October
9, 1979 filed October 11, 1979 at 11 :57 A .M. in O.R. Book 4-926 page 190
of the Public Records of Pinellas County, Florida.
3. Description of the land in which the Insured has the estate or interest coverl'd by this Policy.
SEE ATTACHED FOR LEGAL DESCRIPl'ION
Countersigned:
"
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SCHEDULE B
This policy doel not insure apinst loss or damalt by realon of the followin,:
I. Rights or claims of parties other than the Insured in actualpossesliion of any or all of th~ proJ'lerty
~. Any v~riation in location of lines or dimensions, d.eficiency in quantity of around. or any st;jt~ of
fact which lIn acceptable survey would disclose or which are visible or are knC)wn to the insu red
j, Ri,htli 01' way and usements C)ver, across. above or below the surface of th~ land n~" disl,:losed 01
r~cord or arisina by necessity or implication.
4. Possible lInfjl~d mechanics' and materialmen's liens.
5. All assessments and tues for the year 1979 and all subsequent years.
6. Liability for municipal improvements made or authorized but not assesMd.
7. Subject to Lease in favor of Auto Cooling and Exhaust Systems, Inc. filed in
G.R. Book ~858 page 1568 Public Records o~ Pinellas County, Florida.
8. Subject to any and all unpaid assessments projected or to be projected, if any.
9. Subject to all municipal liens for utilities under F.S. 159.17.
Note: This property subject to zoning regulations.
10. Subject to restrictive covenants, conditiom and reservations as contained in
, that certain Deed #262~ executed by the Trustees of the Internal Improvement Fund,
State of Florida, in favor of Edward Turner dated April 9,19~5 fi~d April 30,19~5
,in Deed Book 1010 page 25 Public Records of Pinellas County, Florida.
Reserving unto the State of Florida easement for State of Florida easement for
State Road Rights of Way 200 feet wide lying equally on each side of the center
line of any State Road existing on the date- of this deed through so much of any
parcel herein described as is within 100 feet of said center line.
As to all lands intracts or camposit tracts aggregating ten(lO) acres or more:
Reserved unto the State of Florida the title to an undivided 1/2 of all Petroleum
and Petroleum products and to an undivided 3/~ of all other miner;;ils which may be
found on or under the said land, together with the right to explore and develope
and mine the same.
Form No. 2Z.BX
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......\--...-.-------"-----.
rFrom the Nt corner of Lot 1, Block 2, W.f". Hughey's
. Subdivision, - according to the map or plat tlereof as
recorded in Plat Book 1, page 70 of the Publi~ Records
of Pinellas County, Florida, run N 88059'1111 W along
North line of said Lot 1, a distance of 30 feet to P. O. B. ;
thence N 88059'1111 Walong said North line, 22 feet;
thence run S 44.31'25" E, a distance of 7.137 feet;
thence run S 00.03141" E, a distance of 78.5 feet; thence
S 44015150" W, a distance of 33.10 feet; thence run
S 88059' II" E, it distance of 18.0 feet; thence N 59045'
1311 E, a distance of 15.67 feet; thence N 28025'24" E,
a distance of 18.0 feet; the~ce run N 00003'4111 W, a
distance of 83.5 feet to P. O. B.
LEGAL DESCRIPTION ABOVE FOR POLICY #155644
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CONDITIONS AND STIPULATIONS OF THIS POLICY
1. The Company shall have the right to, and will, at its own cost and
expense, defend the title insured by this Policy in any actioD of ejectment or
other action or proceeding founded upon a claim of title, encumbrance or defect,
which existed, or is claimed to have existed prior in date to the effective date
01 this Policy, and not excepted herein. In case any such action or proceeding
shall be begun, it shall be the duty 01 the Insured at once to notily the
Company in writing 01 the lull particulars thereol and secure to the Company
the right to defend such action or proceeding in the name of the Insured and
to give all reasonable assistance therein. Failure to notify the Company as
aforesaid at its Home Office. within ten (10) days after process or notice in
such action or proceeding shall be served upon the Insured, sh:1l1 operate as a
lull release and discharge 01 the Company Irom any and all liability with
respect to the subject matter of such actir)D or proceeding; provided, however,
that failure to notify the Company as- aforesaid shall Dot prejudice ~be c:ciI:1'. e,f
the Insured if the Insured shall not be party to such action or proceeding; nor
be served with summonses, process or notice therein: nor have any knowledge
thereof. The Company reserves the option 01 settling the claim or paying the
Policy in full; and the payment, or tender 01 payment, to the lull amount 01
this Policy shall operate as a lull release and discharge 01 the Company lrom
any and all liability under this Policy.
2. \Vhenever the Company shall have settled a claim under this Policy, it
shall be sllhrog~ted to the rights and remedies 01 tbe Insured against any other
person or property in respect to '-he subject matter of such claim and the
Insured shall transfer or cause to be transferred to the Company such rights,
::::ecurities and remedie..-'i and permit the Company to use the name of the
Insured for the recovery thereof. Any sum collected on such rights, securities
and remedies over and above the amnunt 01 loss paid by the Company shall
belong, a!1d on demard shall be paid to the Insured. Tbe Insured warrants tbat
such rights, securities and remedies shall vest in the Company unaffected by
any act of the Insured.
3. Nothing contained in this Policy shall be construed as insuring against
loss or rlamage by reason of fraud on the part of the Insured, or by reason
of claims arising under any act, thing, or trust relationship done, created,
suffered or permitted by the Insured; or by reason 01 the lact that the Insured
was not a purchaser f("lr value, or that the acquisition of the estate or interest
hereby in9JrcJ contravened the laws of the United States establishing a uniform
5ystem of bailkruplcy; or against the rights of dower and homestead, if any, of
the spouse of the Insured; nor will the Company be liable in any event for any
loss or damage arising from the refusal of any party to carry out any contract
to purchase, lease or loan money on the estate or interest insured.
4. A statement in writing of any loss or damage for which it is claimed the
Company is liable shall be furnished to the Company within sixty days alter
such los:\ or damage, and no right of action shall accrue under this Policy until
thirty days after such statement shall have been furnished and no recovery
shall be had under this Policy unle...<:.S action shall be comm~nced thereon within
one year after the expiration of said last mentioned period of thirty days; and
a failure to furnish such statement of loss or damage, and to commence such
action within the. time hereinbefore specified, shall be a conclusive bar against
the maintenance of any action under this Policy.
,5. All payments under this Policy, or any owner's policy issued to tbe
InsurrodJs vendee ("Ir vendees covering any part of the property described ber~in,
shall reduce tbe amount of insurance pro tanto, and no payment can De
demanded without producing the Policy for endorsement of such payment. If
the Policy be lost or destroyed, indemnity satisfactory to the Company must be
furnished. It is e~pressly understood and agreed tbat any loss payable under
this Policy may be applied by the Company to the payment 01 any mortgage
mentioned in Schedule B, the title under which is insured by the Company, or
which may he held by the Company, and the amount so paid shall also be
deemed a payment to the Insured under this Policy. The aggregate liability
01 the Company under this Policy and any policy issued to the holder of such
mortgage shall not exceed tbe amount of this Policy.
6. Nothing contained in this Policy shall be construed as insuring (1)
against the consequences of any law, ordinance, or governmental regulation
(including building and "zoning" ordinances) limiting or regulating the use or
enjoyment of the property herein described or the character, dimensions, or
locations 01 any improvements erected or to be erected thereon, or (2) against
the consequences of the exercise or attempted exercise of "police power" or the
power of "eminent domain" over said property, or (3) the title to any personal
property, whether the same be attached to or used in connection with the
property hereby insured or otherwise, or (4) the title or rights 01 the Insured
in any property beyond the line 01 the property described in Schedule A, or
in any streets, roads, avenues, lanes or ways in said property or upon which
said property abuts, or to tide lands or lands comprising the shores and bottoms
of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the
~:1rbor or bll]k~(,1;1 li:,es as established or changed by the United States
Go\'ernme~t. or to filled in lands or artificial islands or riparian rights, or (5)
that the buildings or other erections on the property comply with State and
:Municipal laws, regulations and ordinances, or (6) against loss or damage
by reason of mechanics' or materialmen's liens, liens of contractors, sub-
contractors or other liens arising out of the construction or repair of buildings
and improvements on the property, the title to which is hereby insured, not
filed or of record at the effective date 01 this Policy, or (7) against loss or
damage by reason of the rights, titles or occupancies of parties in actual posses4
sion of any or all 01 the property herein described at the effective date 01 this
Policy, or (B) the acreage or area contained in a given tract, nor accuracy or
location of boundary lines, nor the location or contiguity of the interior lines
of any parcels making up such property, unless an accurate survey of the
property described is furnished, or (9) against acts done or suffered by the
Insured and not disclosed by the application upon which this Policy was issued.
7. The Company shall uot be liable hereunder lor the c<>st and expense
incurred in the satisfaction or removal of liens upon or objections to the title,
which were found upon examination of title to cIist at the effective date of
this Polley, but which shall have been satisfied or removed prior to the date 01
the actual delivery of this Policy.
8. If the property described in Schedule A is divisihle into separate
independent parcels and a loss is established affecting one or more of said
parcels, the loss shall be computed and settled on a pro rata basis as if the face
value of this Policy was divided pro rata as to the value of each SEparate
independent parcel, exclusive of the improvements made subsequent to the date
of this Policy, to the whole.
9. Defects and encumbrances, anslOg alter the effective date of this
Policy, or created, suffered, assumed or agreed to by the Insured, and taxes and
assessments which have not become liens up to the effective date of this Policy,
or which, although they have become liens, are not payable until some future
date or in future installments, are not to be deemed covered by this Policy;
and no approval 01 any transfer 01 this Policy shall be deemed to make it cover
any such defect, encumbrance, taxes or assessments.
10. Any untrue statement made by the Insured, or agent of the Insured,
with respect to 3.ny material fact; any fraud perpetrated; any suppression of or
failure to disclose any material facts; any untrue anSwer by the Insured, or
the 2.~e:1t d t:le Insured, or tbe agent to the Insured, to material inquiries
before the issuing of tbis Policy, shall void this Policy.
11. Tbe term "the Company" as herein used, means CHELSEA TITLE
AND GUARANTY COMPANY, and tbe term "the Insured" means the person
or persons in whose favor this Policy is issued.
12. No officer, agent or other representative of the Company, shall have
the power to waive any of the conditions or stipulations of this Policy, eIcept
the President or one of the Vice-Presidents 01 the Company, and such waiver,
if any, shaH be written upon or attached hereto.
This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined,
This Policy is not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be
obtained.