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ANTHONY ITALIANO /\,(" .J..I'~ f) ,-- .".J..) ".', '; ~~!::,. ~~1' '.' if~I~:: o 1 cg;~ 40 Rec 41 DS '~ 43 Int Tot WARRANTY' DEED'(Sltutory Form,) 80018512 OCflo ~ g- 1 Ch~1L~l!~ Jml1btnftmur~\ ~ ~""'" TUTBLANX REG1STERED'U. S. PAT. OFFICE:: I'...... T~~~~ iW 9IN7P7IB;~;E.uUN3T505 FORM 1104 J ..~ ~ < O~to-..:l f-~o:r~ z~>< Q::UO~ ~~Q:l~ titd~ ~Uo.:~ ~ < ~ ..:l (,.) ~;; p.; ~ e" ~ 5 c; I~ ~.. (:1 '" ~~CiQ8n ~~ :c-:: "-~ R ::':o'2~'<t ~?~~'~~ ~'-l -<C )~I p~ ~ ~~m ~~p.~t ~ ;~ . &i Eo< ~ c.'~ ~ ~ ~ tJ 15r.. =' ~ :;1' '" ..,."~j-- :~ (1(1 , ~ i { '~.. '),7 ," W7terever used herein, the term "party" shall include the heirs, personal representatives, successors and I or asaiins of the respective parties hereto; the use of the singu,lar number shall include the plural, and the plural the singular; the use of any gender shall inc.lnde all genders; and, if used, the term ((note" shalt include allthe notes herein described if more than one Made this mfturrrn ~ I sJ;, _ day 01 January A. D. 19 80 ANTHONY S. ITALIANO a/k/a ANTHONY S. ITALIANO, SR. 01 the County 01 Hillsborough in the State 01 Florida party of the first part, and CITY OF CLEARWATER, FLORlDA, a municipal corporation, whose mailing address is: P. O. Box 4748, Clearwater, 33518 of the County of Pinellas in the State of Florida party of the second part, .ttnfltBft~ that the said party of the first part, for and in consideration of the sum of Ten and no/lOO ---------------_________________________ Dollars, to him in hand paid by the said party of the. second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said pa,rty of the second part his heirs and assigns forever, the following described land, situate lying and being in the County of Pinellas , State of .Florida, to wit: The West 50 feet of Lots 29, 34 and 37, and all of Lots 28, 35 and 36, CLEARWATER HEIGHTS, a/k/a GIBSON'S CLEARWATER HEIGHTS, according to the map or plat thereof as recorded in Plat Book 4, page 99 of the public records of Hillsborough County, Florida of which Pinellas was formerly a part. Subject to 1980 real estate taxes, restrictions, reservations and easements of record. ,I.; 24 24216309 70 DUOI. 40 41 ,1,' ".J 1'~ "'I"",dJ.."L.~t .,...,..,....~....... '-,. GLE.R~!!RGUiT '>JUFCI 04F 8li 4.DU 420.0\J 0' 424.00 CI fES 4 'l 12 AM '80 And the said party of the first part does hereby fully warrant the title to said land and will defend the same aJ!ainst the lawful claims of all persons whomsoever. ' Ju .Unfo -lJerfnt, the said party of the first part has hereunto set his d seal the day and year first above written. · .b anll 1I..b. OOm J..a.ner. , .' __ _4t-~. Ci.~th...)1 S' , l L "- .L;' nthony . Italiano, r. ~ ~. , J -f c', c'-i '~"-Ti:~-~-:::' I,:~r-t:r~~jfr (\~,I ~'~ ~[~,~~,Wy}~tl!;ri;i')~,~'::)~jJ\ ^j~L,I_"~?~! = ::-::',:, :-,' ""'~~,:~':~? f 20.00 i ::: pe. ..-., FCij-4:8~ :,', ::;,.::,.:.._", ,__.'.._. ".., ',,;...._..,_~_....,,_. ,...__1 ~)' "", -- '-~--':'~"'ri ~u &tutt of 1J11oribu } ! ' C!!oun4J of PINE LLAS 11 -)ltrthy C!!rrttfy That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowled~ments, ANTHONY S. ITALIANO, SR. to me well known and known to me to be the ir1:,rJivid-Mal" describe~in ?na, who executed the lore~oin~ deed, and he,';". ackn,o.wl~,dtedbelo.re me that he executed the same freely Cfnd voluntarilt;.for tl~e P1!rp~$.'e:~thetei1texprf!-.~sed. .U11I0 my. hand and officwl seal at;:~ear.'Wa.t~~_., /:~ ,.M:-' County 01 Plnellas , and Sta.'te~ 01 <Iflofuk,_, th~s:,/3/,c,', day of January , A. D. 19 8eL: '-., ',,-, E ,~~, .""., '. " ,', ,....J(YlitiM~~~"'.'~ /i ' , ,I).-Ol'i-O'-l (J.) My CommissioTlt"Expir:es, 1.':',1,.";",,; ,~' /,1'~':~",' "H,(;;'.l" ,;1: ~':'f.F~~)" ,) : t-;',,:, .f\<.",} r, " ....' ~ z ~ z ~ ~ Z J " Z ~ ~ ... 3 ~ > ~ ~ SATISFACTION OF MORTGAGE (BY A CORPORA nON) Franklin Printing Co., Tampa, Fla:-Fonn R. E. 7V. II "... ,.."w. "'"'''' .. . '"".. 80018192 ~ati1'ifatfion of .ortgag l ~..~';';"~. ::6E' '~'98'" ~ ~ > z '" r Z ~ ~ > ~ ~ o u ~ ~ z ~ z ~ ~ Z J " Z ~ ~ ... l[{notu ~u ~en Jj1p m:be~e ~re~ent~, That Ellis National Bank of Tampa a corporation under the laws of United States of Americp.holder of a certain mortgage given by Anthony Distributors, Inc., Anthony S. Italiano, a/k/a ~thony S. Italiano, Sr. (J Ellis National Bank of Tampa bearing date the 22nd day of November , A. D. 1977 ,recorded in OR 4628 , page 120/424, in the office of the Clerk oi the Circuit Court of Pinellas County, State oi Florida; given to secure the sum of Fifty Thousand and no/lOO------------------------------------------------ Dollars evidenced by A certain note ,upon the following described property, situate, lying and being in Pinellas County, State of Florida, to-wit: , " ~ z ., z o n o ., > ~ , > Parcell: Lots 14, 15, 16, 17, 18, 26, 27 and East 100 feet of Lots 29, 34 and 37, GIBSON's CLEARWATER HEIGHTS, also known as CLEARWATER HEIGHTS, according to the map or plat thereof as recorded in Plat Book 4, Page 99, Public Records of Hillsboroug County, Florida, of which Pinellas County was formerly a part. Parcel 2: Lots 28, 35, 36 and the West 50 feet of Lots 29, 34 and 37, GIBSON'S CLEARWATER HEIGHTS, also known as CLEARWATER HEIGHTS, according to the map or plat thereof, as recorded in Plat Book 4, Page 99, Public Records of Hillsborough COlmty Florida, of whid\,~~~#~!~y was formerly a part. I ' tl lwJ.....La~ ~CE~~.IRCUIT COU!\i f~8 , 6 15 PM '10 01 Cash 11 Chg 40 Rec 1?- c'-'t:/ 41 OS 4-' .., .) ":'1 '1rJ,,*.9U_~ 1 at --r c-c.' 14 14291:146 72 4n o > ~ , > has received full payment of said indebtedness, and does hereby acknowledge satisfaction of said mortgage, and hereby directs the Clerk of the said Circuit Court to cancel the same of record. WITNESS the signature and seal of said corporation, by its this 31st day of January , A. D. 19 80 5~;::.~;;;;~;;:--.-1 ~~:~os~mmmmmm_(:~l~ ...,..,..:,.:.....a..~..!..~,..........._:.............................,.........,..,........_..'.m.. ..,....Chainnan...Qf,..the,..BQ;;u:d,..an.d....:p.r.~,;?,b,d.~DJ.., "'tate ot..............~.!9.E.~~,.......,..,.,.........,..,..,......................,...._.,....? Qtountp ot....-....H.!}!.?1?.9.!.9.Y.gh.........,..,......,...................,....,.,..) I HEREBY CERTIFY that on this day p,ersonally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Carlos Thurdekoos, Chairman of the Board & Presicht1t of Ellis National Bank of Tampa a corporation, to me well known to be the person described in and who executed the foregoing satisfaction piece and duly acknowledged before me that he executed the same for the purpos- es therein expressed as the act and deed of said corporation. ~ ~ > z '" r Z ~ ~ z ., z ~ n o o u ~ z ~ z , ~ z Tampa, Florida ~ ~ day of January Lg ~TURN TO, CITY CLERK y , :1 ,~;o - , have hereunto set my hand;an'd affixed my official seal at .f t - >,~\)n~tt!,j:~ltl'J, , said County and State, ,thi~. ::~2;~'ltijft , A. ~~, ~ ':', .~:. "I:) ~0./' ~ _.--2-.L~-0...l~~~ .':'::: ij , ~~~b~~"):yo~~a~tate~ i'arge 'll'dW~ ..{) ~Nl l~d NrT>{N'If~.::I IN WITNESS WHEREOF, I This instrument prepared by: E is Ba ..1< ~;,.. _ ,~' ..",. .":. \",,\".. i;-;;Ili\'ll-1 -, ' , I, , I l.4.W Or"fleFS !\kl\:III.LEN. EVEI1ETT, L<)(;^N. M^IH)lI^IU)'1' & CLINE. P.^. rtn~,r N.A.TIC'lNAI RANt( AlJlL.[)ING CLEARWATER, FLORIDA 33517 CLOSINGST AT EME NT Date Januarv 31. 1980 Seller Anthony S. Italiano Purchaser: City of Clearwater Descrtlltlon of Property: W 50 feet of Lots 29, 34 and 37, and all of Lots 28, 35 and 36 (Tract #2) Clearwater Heights a/k/a Gibson's Clearwater Heights CREDITS TO SELLER: Total Purchase Price Prepaid Insurance $ 105.000.00 CREDITS TO PURCHASER: Binder Payment Mt~e, Assumed Principal $ Accrued Interest Note $ Taxes for 1980 , prorated 77.500.00 60.76 Balance to Close 27.439.24 $ 105,000.00 $ 105LOQ"C2.-d~<?__,~ STA lEMENT TO PURCHASER: Billance to Close Record Deed Documentary Stamps on Note $ 27.439. 24 4.00 116.25 Total required to Close $ __~~~_4:2_c~ STATEMENT TO SELLER: Balance to Close Binder Payment $ 27.439.24 Expenses:, Stamps on Deed State $ Surtax IntanqibleTax on Mortgage Record Mortgage Title In~urance Century Title & Abstract, Inc. Brokllr's Commission Albert P. Rogers, Inc/Bee Realty Co. 420.00 $ 420.00 415.00 10,500.00 Attorney's Fee $ 16,104.24 27,439.24 $ 27,439.24 Check Attached ,~ -,..............- I COMMITMENT NO. F 1 7 8 2 50 I o APP&OVaD ........ .J ':;...j-' AMERICAN LAND TITLE ASSOCIATION COMMITMENT - 1970 Rev. TITLE INSURANCE COMPANY OF MINNESOTA a Stock Company of Minneapolis, Minnesota TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota 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 ofthe estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipula- tions hereof. This Commitment shall be effective only when the 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 the fault of the Company. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. TITLE INSURANCE COMPANY OF MINNESOTA ~/-;~ TITLE & ABSTRACT, INC. Seccetary TIM 2419 "SCHEDULE A." FORM - FOR USE WITH COMMITMENT FOR TITLE INSURANCE I I File No. 10,861 -' Commitment No.F 178250 SCHEDULE A 1. Effective date: January 28, 1980 at 5;00 P.M. 2. Pol icy or Pol icies to be issued: Amount: (a) ALTA Owners Policy - Standard Form A - 1970 (amended 10/17nO) Proposed Insured: $ 105 ,000.00 THE CITY OF CLEARWATER, FLORIDA a municipal Corporation (b) A L T A Standard Loan Pol icy - 1970 (amended 10/17 nO) $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a FEE SIMPLE (Fee Simple, leasehold, etc.) 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: ANTHONY S. ITALIANO a/k/a ANTHONY S. ITALIANO, SR. 5. The land referred to in this Commitment is described as follows: The West fifty (50) feet of Lots 29, 34 and 37 and all of Lots 28, 35 and 36 CLEARWATER HEIGHTS a/k/a GIBSON'S CLEARWATER HEIGHTS according to the map or plat thereof, as recorded in Plat Book 4, page 99 of the Public Records of Hillsborough County, Florida of which Pinellas was formerly a part. TIM Form 2420 This Commitment valid only if Schedule B is attached. A ,.. FILE NO. "SCHEDULE B" (ORM - FOR USE WITH COMMITMENT FOR tiTLE INSURANCE 10, 861 ~ COMMITMENT NO. F 178250 " SCHEDULE B The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2, Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record: (a) Warranty Deed to be executed by ANTHONY S. ITALIANO, aka ANTHONY S. ITALIANO, SR. to THE CITY OF CLEARWATER, FLORIDA a municipal corporation. 3. Other instruments which must be properly executed, delivered and duly filed for record, and/or other mat, ters which must be furnished to the company: (a) Prior to the issuance of a Loan Policy hereunder, a copy of the Notice to Purchaser - Mortgagor Form, as required by the Insurance Commissioner of the State of Florida, must be properly executed and re, turned to the office issuing this Commitment (if applicable). (b) Satisfation of that certain Mortgage executed by Anthony Distributors, Inc., Eleanor I. Cumbo and Anthony S. Italiano, as general partners of Pinellas Beer and Wine Distributor, a Florida general partnership to Ellis National Bank of Clearwater, dated January 18,1977 and filed January 20, 1977 in Official Record Book 4502 page 72 of the Public Records of Pinellas County, Florida. In the amount of $150,000.00. (c) Satisfaction of that certain Mortgage executed by Anthony Distributors Inc., a Florida Corporation and Anthony S. Italiano aka Anthony S. Italiano, Sr. to Ellis National Bank of Tampa, dated November 22, 1977 and filed November 30, 1977 in Official Record Book 4628, page 420 of the Public Records of Pinellas County, Florida in the amount of $50,000.00. 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. Rights or claims of parties in possession. 3. Unrecorded easements, if any, on, above or below the surface; and any discrepancies or conflicts in boundary lines or shortage in area or encroachments, which a correct surveyor an inspection of the premises would disclose. 4. Possible unfiled mechanics' and materialmen's liens. 5. General or special taxes and assessments required to paid in the year subsequent years. 6. Subject to any unrecorded leases on subject property. 1980 and TIM Form 2421 A T - ~- :_~.:_,~ ~ -- --- - 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 of the proposed Insured to so disclose such knowledge. If the proposed Insured 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 com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured 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. TITLE INSURANCE COMPANY OF MINNESOTA A ~ 400 SECOND AVENUE SOUTH/MINNEAPOLIS, MINNESOTA 55401 Telephone (612) 332-5111 POLICY NO. AW o AP'aGnD ...... AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A -1970 (Amended 10-17-70) A IITLE ~ a Stock Company, of Minneapolis, Minnesota ,NSURANCE POMPANY OF '\/iINNESOTA , 'U :: SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE COMPANY OF MINNESOTA herein called the Company, insures, as of Date of Policy 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 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; or 3. Lack of a right of access to and from the land. IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, Hie policy to be valid when countersigned by an authorized officer or agent of the Company. llTLE INsuRANCEr~OMPANY OF r~iINNESOTA ,j,..". .::;;,~~~~,' ~,..(' ,.'r~ ~'" ..",~.- jr, ,,~~;;~~,. ,;"""r.;""~.",,,.-' f ,;;r '''~u.,''''''li!..,'';;''~ .,- , 9\i~~,,~., PreSident ...' ~ Secretary huson, EXCLUSIONS FROM COVERAGE e following matters are expr sly 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 stlr.h 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 jnsured 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. 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 CENTURY TITLE And ABSTRACT, INC. 23GB S'I'ATE IW/>D S;;'), SUITE No.2 CLEART;V'ATEl't, FL011DA 3351.') I L -.J ~, Form 119 ~ Copyright 1969 American Land Title Association CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including. but not limited to, heirs,distributees. devisees. survivors, personal represen. tatives, next of kin. or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder, (c) "knowledge": actual knowledge, not constructive knowl. edge or notice which may be imputed to an insured by reason of any public records, (d) "land": the land described, specifically or by reference in Schedule A. and improvements affixed thereto which by law constitute real property; provided, however. the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets. roads. avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust. trust deed. or other security instrument. L .1- (f) "public records": -those records which bylaw impart constructive notice of matters relating to said land. 2. Continuation of I nsurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purcl1ase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions - Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect. lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or ilerest which is adverse to the title to the (Continued on inside back flap) ~ ' 'I I " TIM OWNERS 6/75 FORM 2255 S File No. 10,861 Policy No. AW 094510 Policy Amount $ 105,000.00 SCHEDULE A 1. Policy Date February 4, 1980 at 11 :12 A. M, o'clock. 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation 3, The land referred to in this policy is situated in the County of Pine11as State of Florida and is described as follows: The West fifty (50) feet of Lots 29, 34 and 37, and all of Lots 28, 35 and 36, CLEARWATER, HEIGHTS a/k/a GIBSON~S CLEARWATER HEIGHTS. according to the map or plat thereof, as recorded in Plat Book 4, page 99 of the Public Records of Hillsborough County. Florida, of which Pine11as was formerly a part., A ~ This policy valid only if Schedule B is attached. . ,-- I " TIM OWNERS 12/67 FORM 2256 File No. 10,861 Policy No. AW 094510 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Facts which would be disclosed by a comprehensive survey of the premises herein described. 2. Mechanics', Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears on record. 3. Rights and claims of parties in possession. 4. County of Pinel1as taxes for the year 1980 and subsequent years, which ta.xes fol;' the year 1980 will not become due and payable until November 1, 1980._ 5. Subject to any recorded leases on subject property. A -r . ,_. (Continued from inside front flap) est:te or interest as insured, arid which might cause loss or damage for which the Company may be liable by virtue of this policy, If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter, or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. '-..... (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceed, ing or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this pOlicy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy, (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order, (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding. and all appeals therein, and permit the Company to use, at its option. the name of such insured for such purpose. Whenever req uested by the Company ,such insured shaU give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished" Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage, 5. Options to Pay or Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate aU liability and 0 bligations of the Company hereunder by paying or tendering payment of the amount of insurance undeE- this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized ,by the Company. 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; or (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 accordance 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 other. wise, removes such defect. lien or encumbrance or establishes the title, as insured, within a reasonable time aftet 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 ....~ '-- I 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 Company. 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 shall 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 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 policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, ~xclusive 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 Settlement 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 reme dies 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 insured 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 its Home Office, Minneapolis, Minnesota 55401. Note: This policy valid only if Schedules A and B are attached. I I AFFIDAVIT STATE 010' FLORIDA ) COUNTY Of' PINELLAS) ss Before me. the undt'rsiRned authority, personally appeared ANTHONY S. ITALIANO a/k/a ANTHONY S. ITALIANO, SR. who, bemg first duly sworn, depose and say: ), That they are the owners of the following described property located in Pinellas County, Florida: The West 50 feet of Lots 29, 34 and 37, and all of Lots 28, 35 and 36, CLEARWATER HEIGHTS, a/k/a GIBSON'S CLEARWATER HEIGHTS, according to the map or plat thereof as recorded in Plat Book 4, page 99, public records of Hillsborough County, Florida of which Pinellas County was formerly a part. 2. That said property is now in possession of the record owner (s). 3, That there has been no labor performed or materials furnished on said property within the past three months for which there are unpaid bills for labor or material against said property; and that there are no claims whatsoever of any kind or description against said premised for which liens could be filed according to the statutes in such cases made and provided. 4, That they hereby warrant that they have received no notice of any public hearing regarding assessments for improvements by any Government within the past three months, and that there are no unpaid assessments or liens against the above property for improvements thereto by any Government. whether or not said assessments appear of record. 5, That there is no outstanding unreeorded contrad of sale, deed, conveyance or mortgage affecting the title to said property, 6, This representation is made under oath for the purpose of inducing CITY OF CLEARWATER to purchase the above described property, ~~' "\..... ..... t. \ 4 L {i~tii,ano, r. I, (SEAL) Subscribed and sworn to before me ~L:.. ~I J ~__. __I' T~_.'I""", _.P ,n on " , I I I ... ..... . c .' REAL ESTA TE CONTRACT THIS AGREEMENT made and entered into. this -=d IS day of September , 19---12-, between ANTHONY S. ITALIANO, SR. hereinafter referred to. as "Seller" and CITY OF CLEARWATER, Flarida, a municipal carparatian, hereinafter referred to. as "Purchaser". WIT N E SSE T H: That in cansideratian af the mutual pramises and cavenants herein cantained, and ather valuable cans ideratians passing between the parties hereto., the Seller agrees to. sell and the Purchaser agrees to. buy the fallawing described praperty situate, lying and being in Pinellas Caunty, Flar ida: See Legal Attached. This praperty is also. knawn as: The tatal purchase price af said praperty~all b, e the sum,a"f rJ /C...(OCJl' t1 S,J{ One Hundred Ten Thausand - - -- - -- --- -- -Dallars (.$.11 0 J nog. 80 - payable at the times and in the manner fallawing: $ 5,000.00 depasit :with Albert P. Ragers, Inc. ".L ()f9-IJ M. ~ . $ J.G, ~e6.00 cash at clasing, including depasit. 1'7 S-co : /15 .S). $ .-SQ, 6eo.'OUI.~KOO~X~!KX~~~X~~:R~ ~~~~~x~w~~~a4Xocmc~bQxx~ ~ ) I I .. " .' IN CONSIDERA TION WHEREOF, the Seller agrees and promises to convey to the Purchaser by good and s uffic ient warranty deed containing full covenants of warranty, a fee simple, marketable title to the real estate above described, free and clear of all encum- brances whatsoever, except as herein otherwise provided. Title Insurance. The Seller agrees, at Seller's expense, to deliver to Purchaser, within 30 days of the date of this agree- ment, a commitment for title insurance in the amount of the purchase price, which commibnent shall show a marketable, unencumbered, fee simple title to said property in the Seller, except as herein other- wise provided. The Purchaser shall have 30 days after the delivery of said commitment for the examination thereof, and within said period shall notify the Seller in writing of any objections to said title. If this notification is not given within said period of time, then said title shall be conclusively deemed to be acceptable to the Purchaser. In the event that the title to the Seller is not good and marketable, the Seller shall have 30 days thereafter to perfect the title; and if the defects are not cured within such time, then the Purchaser may demand a return of all earnest monies paid by him and cancel this contract, or waive the defects and accept the property without deduction on account of said defects. A final title insurance policy will be issued to Purchaser as soon after closing as possible. Prorations. Taxes for 1978 and prior years shall be paid by Seller. The following items shall be prorated as of the date of clos ing: taxes for 1979 , lease payments ,..- .' .' I I .; Risk of Loss. The risk of loss or damage to the premises by fire or otherwise, until delivery of deed, is ass urned by the Seller. ,The Seller further agrees to maintain the properLy and to deliver said property to Purchaser in the same condition as it is when this contrac t was executed, ordinary wear and tear excepted. Closing and Possession. This sale shall be completed on or before the 2nd day of January, 1980. pos sess ion shall take place at clos ing. Clos ing shall be held at McMullen, Everett, Logan, Marquardt & Cline, P. A. Costs of Closing. The Seller shall be respons ible for the follawing costs of closing: title insurance, state documentary stamps and surtax to be affixed to the warranty deed, and recording any mortgage relating to the purchase. The Purchaser shall be respons ible for the following costs of closing: recording fee for warranty deed, intangible tax and documentary stamps on mortgage and any cost relating to obtaining financing for this purchase, any assumption fees relating to the mortgages on the property. Time of payment. The time of payment shall be of the essence !Iereof, and upon default in payment of any part of the purchase money which is due at or before clos ing, the Seller may rescind this contract, and any cash cons ideration paid hereunder shall be transferred to the Seller as liquidated damages, and thereupon this contract shall be null and void. Attorneys Fees and Costs. In connection with any litifz:ation arising out of this contract between Seller and Purchaser, , " '" I .. . . .. I .. j The obligations and benefits under this contract shall extend to the personal representatives, heirs and assigns of the respective parties hereto. This agreement is the total agreement of the parties and supersedes and takes the place of any prior agreements, wr itten or oral, previously entered into. Brokerage fee in the amount of ten (100/0) percent of purchase price shall be paid at dos ing by Seller, fifty (50%) percent to Bee Realty Company, Inc., and fifty (50%) percent to Albert P. Rogers, Inc. This contract is contingent upon the simultaneous clos ing of a contract of even date between Anthony Distributors, Inc. and the City of Clearwater. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above wr itten. Signed, Sealed and Delivered in the Presence Of: ~ '-h7~ f tY' 0,(l)(iJ1J d ~~~J)L~~ As to lip chas~'1 , 1/ c0tzedM~ ... ,_____ ~___.. ...,.......__..-:0..... ~SEAL) CITY OF CLEARWATER By, l J&..L~ At~ Cityr~age:-, Attest: ~~'L-- L,~ ":: ... ..~,...; I 113 71. 20 174 ~30 N \0 . ~ 'c) r-l ~ ~'" ~ It. ':::' II r-: .~ l.I'l -.l"" 0'. ,~'~ r-l X ~ ~~ ~~ ~~ PARCEL 1 SKYLARK 112.5 l.I'l PARCEL 3 ,l.I'l Sl\'YlARK LEASED FJO.t l.I'l WILDER ~ PARCEL 11 o ..-l E-r ~ 223.70 f.I': 48 50 50 ~ PM " 7 t= STONE BUICK -,. , . H - ~ ;::: l.I'l 07 6 5 4 3 2 l.I'l ..-l r-- 'L 9 cPA! ;L 4 PARi PM r-l SK STONE BUICK SKY LARK 1'1') PIERCE STREET SO 50 50 SO 50 SO l.I'l8 9 10 11 12 13 . 0 l.I'l P r-l ST, . . "f- ," \, CLm7ELAND STREET .,. ,. .0 '" I I '. -. ':. LEGAL DESCRIPTION All lots' located in Gibsons Clearwater Heights Subdivision. The West 50' of Lot 29; the West 50' of Lot 34; the West 50' of Lot 37; and all of Lots 28, 35 and 36.