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SENIOR CITIZENS SERVICES INC (2) f~~~~~~~~~f~~~~~~~~~~~~~~~~~~~~ ~. OWNER'S POLICY ~ ~ ~ I Cke lea :1i1e and (}uarani,! Compan'j ~ ~ ~ ~ HOME OFFICE, ATLANTIC CITY, N. J. ff'~ ~ ~ ~ A 145494 F ~ I Binder #320~7S ~ ~ 36,390 $500,000.00 ~~ ~ App. No....................._........... Amount............................ ~ ~ ~ ~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~ ~,.2 called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ~ ~ agree that it will pay to ~~ ~ ~ ~ CITY OF CLEARWATER, FLORIDA ~ ~ ~ ~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ff'~ ~~ not exceeding**FIVE HUNDRED THOUSAND AND NO/100** ~ ~ Dollars ($ 500,000.00 ), ff'~ ~ ~ ~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the ffl~ ~~ 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'~ ~ June 21, 1979 at 10:23 A.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. ;Jo. ~ ~ ~ In Witness Whereof, Cl.f..a :Jill. a.J (faa_at, m ~ Comf'an'l has caused these presents to be signed in facsimile by its duly ff'~ ~ authorized officers and its corporate seal to be affixed in accordance with ~ ~~ its By-Laws, this the 19th day of ~ ~ October , 19 7 9 ffl~ ~~ // /J CJ /J FJ // ~ ; Lhel6ea Jille ani ':::fuaranl'j Lompan'j ~ ~ ~ ~ ~ ./~ ~ ~ President ~ ~ ATTEST: ~............ a ~ C2.; ~ ~: ~~ ~ ~ L-:~)/ '2:1 Secretary ~~ I A';~;~l{OOHORN' Assistant Secretary Ii ~~~~~~.~~~~~~~~~~~~:~~~~~~~~~~~~.~~ Florida-2-Form 25 ... I , SCHEDULE A 36,390 App. No. ......"........................ Policy No. 145494 Insured: CITY OF CLEARWATER, FLORIDA Effective date:June 21, 1979 at 10 :23 A.M. Amount of Iiabllily $ 500,000.00 I. The estate or interest of the Insured In the real estate described below covered hy this Policy is FEE SIMPLE 2. The de~d or other means by which the estate or interest covered by this policy is vested in the Insured is described as follows: Warranty Deed executed by Thirteen Properties, Ltd., in favor of City of elearwater, Florida dated June 15, 1979 filed June 21, 1979 at 10:23 A.M. . in O.R. Book 4871 page 1044 of the Public RecordsofPinellas County, Florida. 3. Descriptionof the land in which the Insured has the estate or interest covered by this Policy. LOTS 5 and 20 South of Pierce Street; Lots 6 through 15, inclusive, including North 1/2 of Vacated street; and Lots 21 through 30,inclusive, including North 1/2 of vacated street, all in Block A, COACHMAN HEIGHTS REVISED according to the map or plat thereof as recorded in Plat Book 1, page 16 of the Public Records of Pinellas County, Florida. Countersigned: '''h~C?4~ Form No. 22-A -..; ..' , I SCHEDULE B This policy doel not insure apinst loss or damale by reason o( the (ollowing: I. Rights or claims o( parties other than the Insured in actual possession o( any or all of th~ property. .:!. Any variation in location o( lines or dimensions, deficiency in quantity of ground. or any state of fact which an acceptable survey would disclose or which are visible or are known to the insured. J. Rights of way and easements over, across, above or below the surface of the land not disl.:losed of r~cord or arisin, by necessity or implication. 4. Possible lInfjJ~d mechanics' and materialmen's liens. S. All assessments and taxes (or the year 19 79 and all subsequent years. 6. Liability for municipal improvements made or authorized but not assessed. 7. Conditions, restrictions, reservation, limitations, easements contractual or for utilities, shown of record or by filed plat or plan, as follows: (a) Subject to easement in favor of Florida Power in O.R. Book 741 page 643 of the Public Records of Pinellas County, Florida. (b) Subject to the Leasehold rights in said land of any tenants in possession under leases, whether recorded or unrecorded. 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. 10. Subject to Assignment of Leases filed in O.R. Book 4871 page 1714 of the Public Records of Pinellas County, Florida. 11. Subject to Assignment of Rents filed in O.R. Book 4871 page 1718 of the Public Records of Pine lIas County, Florida. Note: This property subnect to zoning regulations. Form No. 22.BX .... ..-- ................. ..,.....'..........,..;.. .- , .,,-~~- I CONDITIONS AND STIPULATIONS OF THIS POLICY 1. The Company shall have the right to, and will, at its own cost and expen,.,. defend the title insured by this Policy in any action 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 tbe effective date of this Policy, and not excepted herein. In case any sucb action or proceeding shall be begun, it shall be the duty of the Insured at once to notify tbe Company in writing of the full particulars tbereof and secure to the Company the rigbt to defend such action or proceeding in tbe name of the Insured and to give all reasonable assistance therein. Failure to notify tbe 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, shall operate as a full release and discharge of the Company from any and all liability with respect to the subject matter of such action or proceeding; provided, however, that failure to notify the Company as aforesaid shall not prejudice the claim of the Insured if the Insured shall not be party to sucb action or proceeding; nor be served with summonses, process or notice therein; nor have any knowledge thereof. The Company reserves the option of settling the claim or paying tbe Policy in full; and the payment, or tender of payment, to the full amount of this Policy shall operate as a full release and discharge of the Company from any and all liability under this Policy. 2. Whenever .the Company shall have settled a claim under this Policy, it shali be subrogated to the rights and remedies of the Insured against any other person or property in respect to Ule subject matter of such claim and the Insured shall transfer or cause to be transferred to the Company sucb rigbts, !'ecurities and remedies and permit the Company to use the Dame of tbe Insured for the recovery thereof. Any sum collected on sucb rights, securities and remedies over and above the amount of loss paid by tbe Company sball belong, aod on demaod shall be paid to the Insured. The Insured warrants that 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, ,uffered or permitted by the Insured; or by reason of the fact that the Insured was not a purchaser for value, or that the acquisition of tbe estate o:r interest hereby in5urcd contravened the laws of the United States establishing a uniform system of bankruptcy; 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 tbe Company is liable shall be furnished to the Company within sixty days after such l05~ or damage, and no right of action shall accrue under this Policy until thirty days after sucb statement shall have been furnished and no recovery shall be had under this Policy unless action shall be commenced 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 bereinbefore 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 the Insured's vendee or vendees covering any part of the property described berein, shall reduce tbe amount of insurance pro tanto, aDd no payment can be demanded without producing the Policy for endorsement of such payment. If the Policy be lost or destroyed, indemnity satisfactory to tbe Company must be furnished, It is ..pressly understood and agreed that any loss payahle under this Policy may be applied by the Company to the payment of any mortgage mentioned in Schedule B, the title under whicb is insured by tbe Company, or wbich may be held by the Company, and tbe amount so paid shall also be deemed a payment to the Insured under this Policy. The aggregate Iiahility of tbe Company under thL, Policy and any policy issued to the holder of sucb mortgage shall not exceed tbe amount of this Policy. 6. Nothing contained in this Policy shall be construed as insuring (I) against the consequences of any law, ordinance, or governmental regulation (including building anrl "zoning" ordinances) limiting or regulating tbe use or enjoyment of the property herein described or the character, dimensions, or locations of any improvements erected or to be erected thereon, or (2) against tbe consequences of the exercise or attempted exercise of tfpolice 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 tbe property hereby insured or otberwise, or (4) tbe title or rights of the Insured in any property beyond tbe line of 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 harbor or hulkhearl lines as established or changerl by the United States Government, 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. contractor3 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 of this Policy, or (7) against loss or damage by reason of the rights, titles or occupancies of parties in actual posses- sion of any or all of the property herein described at the effective date of tbis Policy, or (8) 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 tbe application upon which this Policy was issued. 7. The Company shall not be liable bereunder for tbe cost and expense incurred in tbe satisfaction or removal of liens upon or objections to the title, which were found upon examination of title to exist at tbe effective date of tbis Policy, hut which sball bave been satisfied or removed prior to the date of the actual delivery of this Policy. 8. If the property described in Schedule A is divisible into separate independent parcels and a loss is established affecting one or more of said parcels, the los5 shall be computed and sellled on a pro rata basis as if tbe face value of this Policy was divided pro rata as to the value of each separate independeot parcel, exclusive of the improvements made subsequent to the date of this Policy, to tbe whole. 9. Defects and encumbrances, arISing after tho effective date of tIiliI Policy, or created, suffered, assumed or agreed to by the Insured, and tues and assessments which bave not become liens up to tbe effective date of this Policy, or which, although tbey 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 of any transfer of 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, ~ith respect to any material fact; any fraud p~rpetrated; any suppression of or failure to disclose any material facts; any untrue anSwer by the Insured, or the agent of the Insured, or the agent to fhe Insured, to material inquiries before the issuing of this Policy, sball void tbis Policy. II. The term "the Company" as herein used. means CHELSEA TITLE AND GUARANTY COMPANY, and the 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, except the President or one of the Vice-Presidents of the Company, and sucb waiver, if any, shall be written upon or attacbed bereto. 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. '..... ~~~~~~~~~~~~ ~ ~ ~ @ m ~ ~ UIner's 1/"oIicll of ~ ~ {trifle JJ nZltrnnre ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ A mount Insured ~ ~ $ ~ ~ Party Insured ~ ~ ~. ~ ~ ~ ~ I Ckelea :Jute anJ i ~ ~~ ~ (jua,.anl, Compan, ~ ~ ~ ~~ Home Office ~ ~ ~~ ~ Atlantic City, N. J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~ :> - J 0 Haue and to Hold the same together with all and singular the appurtenances thereunto 9 9 ILL I belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- SO(lver of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said sel:ond:~:i14rty forever. ~l' f ";~ :r;~~~~;;~:\ _ . _, ~,_i__.., I . (OORPOt{A.n;:Si('AC) ':'-t - - .-, ._>' -> _ .. -'-.c <11 ~,'."'~i~t.TE:.~~:;~~~. e~a4d' , ...'.. ~ '. 'I '; .~'. . -, " / w Secretary Sign~''lSealed and delivered 'n t e presence of: ~:;'m ..7;.r~ ,. .. .-_ _hh __(~h____m:j_ _h_h.hh_ m_hm_hhh__hm_h.m. STATE OF Florida COUNTY OF Pinellas 40 Rec 41 42 ur f ~ tI... , OUIT-CLAIM DEED FROM CORPORATION I D. ~. 4341 PAG 101 75136364 I RAMeo FORM 42 This ~"il-€laim Jeed, Executed this t~~ day of ~ ,A. D. 19 75, by SE.B>IIOR CITIZENS SERVICES, INC., a Florida Non-Profit Corporation, a corporation existing under the laws of Pinellas County, Florida, and having its principal place of business at Clearwater, Florida, first party, to THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation, whose postoffice address is P.O. Box 4748, Clearwater, Florida 33518 second party: (Wherever used herein the terms "(irst party" and "second party" shall include sin~ular and plural, heirs, leg-al represe~tatives. and assig-ns of individuals, and the successors and assigns of corporations, wherever the context so admits or f("quires.) 1liltitAtssdh,.---Fhat th~-saidfirti! party. for and in-consideration. of t he sum of -$1.--011. in hand paid by the said second party, the receipt whereof is hereby acknowledged, does heleby remise, re- lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Pinellas, State of Florida , to wit: That portion of Lot 3, Block C, Coachman Heights Subdivision, as recorded in Plat Book 20, Page 26, of the Public Records of Pinellas County, Florida, lying North and East of Court Street. ~ = .... -.~, ~.;.--.~ ,:;':P~ ~ .~ .,... -7< ( ~' ., ~r.. ;~.; ,~. "'::i) .C":. ..'.... ._.. ::. '!J (r,i ,r r :r::>, "-- ;.;..:::>. .~.'" - ::;, . .... ' <<..1> '* ~ .111: ... ...., The above described property is the same property described .&.$ in that certain Deed from the City of Clearwater, Florida, a municipal corporation, to Senior Citizens Services, Inc., a Florida NON-Profit Corporation, dated June 5, 1974, which was recorded in O. R. Book 4181, page 1135 of the Public Records of Pinellas County Florida 14 14010691 72 0001, , . r- 41 (/) 42 "":- 00C75 D5 ST CA lJ...!; 20 ;;:u "<l" OEP1. Of OCT20'75 = In lWitness ltthereof the said first party has caused these pres- ents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above SENIOR CITIZENS SERVICES, INC., /7. ~._) By 0k7/. -/2. _.........._.... 'h_..m.._w"W___'" .. ,~~'--"" -'-.. .. - - President / '- - -. ., - - ~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowled!,\"ments, personally appeared Arthur L. Garniss and MaryE. Southard well kno\..'o to me to be the President and Se cret ary respectively of the corporatiun named as first party in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing, 'witnesses fr~cly and, voluntarily under authority duly vested in them by said corporation and that the seal aHixed thereto is the true corporate seal ,.'of s~id ~OTpofation." WITNESS my hand and official seal in the County and Stale last aforesaid this 16th day of Oct 6 be.i'. " ,~. D.l~ :75. " t'\' " This 11I51'1!MJil'{rl~flifffltrlfli,~.'Hs prepared by': AddfL-:fsTHOMAS A. BUSTIN, City Attorney City of Clearwater, P. O. Box 4748 .Qlearwater, .F1Qrig<t. 33518. ,-ti:v~~t.~n~1- ,; "'.."i,,, ,,_" ','V', ,~,I '; ,,_,', t~o~~::rl fd,:'f:cr - .s~'~'~e 6f f~4-t.~ ~~t1 ~:~ ll~~rG'Q fii''"i Cn';1m,:'~._;:~r.u ~:xr.l~rcs S()P~'. 14, i?1'-" rzbl'1d-_,l.; f., i /\mc;rio:m fir.e ~ C(j~L'~:dt;, C:'J. I,;, - ())~- tJ3(17)