CSX TRANSPORTATOIN INC
This instrument prepared by
or under the direction of:
.YV~C B~
William C. Basney I
Senior COWlsel
01 RE(/ltU)INO' Attorney for Grantor
REC a~L:::Business Address:
DS ~iQJ~,~OO Water Street
INT ______ Jacksonville, Florida
FEES
MTF
PIC
REV
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t
INST t 91-159587
JUN 17~ 1991 10:43A~
I
PINELLAS COUNTY FLA.
OFF.REC.BK 7598 PG 77
12103-019-999-MAS
PS\210187A.KCP
Documentary TlIX Pd, $ ~ \ no. 0 y
.
1f't.1!1pib!e Tax Pd.
I<arlelin F, De B~er. Clck, P;rv'lil~ County
By ---..-.LO joeputy CllIrk
32202
__ THIS QUITCLAIM DEED, made this t.Jl.Lc.... day of ~ , 19 ro ,
between CSX TRANSPORTATION, INC., a Virginia corpo~whose mailing
address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called
"Grantor", and CITY OF CLEARWATER, FLORIDA, whose mailing address is
TOTA~P,O. Box 4748, 112 South Osceola Street, Clearwater, Florida 3/+618, and whose
Tax Identification Number(s) is/are_5-9 600028-9- ' hereinafter
~called "Grantee", and CHEMICAL BANK, Trustee as hereinafter provided,
WITNESSETH:
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(Wherever used herein, the terms "Grantor" and
"Grantee" may be construed in the singular or
plural as the context may require or admit, and for
purposes of exceptions, reservations and/or
covenants, shall include the heirs, legal
representatives and assigns of individuals or the
successors and assigns of corporations.)
THAT Grantor, for and in considera,tion of the sum of THREE HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($350,000.00), to it in hand paid by Grantee, the
receipt of which is hereby acknowledged, does hereby RELEASE, REMISE and
forever QUITCLAIM unto Grantee, its successors and assigns, all :cight, title
and interest in and to those two (2) certain tracts or parcels of land
s Unate : lying and being at. C ~ea~ate~, Conn ty of t"'I',',} ;'jj~4\1J.B1t~da,
and hav1ng Tax Parcel Ident1f1cat1on Numbers of ---1.S.I-1.9it / VI / _,
hereinafter designated "the Premises," more particularly escribed in
Exhibit A, attached hereto and incorporated herein, and together containing
38,475 square feet, more or less.
TO HAVE AND TO HOLD the Premises, and all the estate, right, title,
lien, interest and claim whatsoever of Grantor therein, either in law or
equity, and all improvements thereon and appurtenances thereto, unto the
proper use, benefit and enjoyment of Grantee, Grantee's heirs and assigns or
successors and assigns, forever.
AND THIS DEED FURTHER WITNESSETH that Chemical Bank, a New York
corporation, Corporate Trustee under the former Seaboard Coast Line Railroad
Company's Consolidated Mortgage dated March 15, 1971, as supplemented, has
executed this deed for the sole purpose of releasing and does hereby release
all estate, right, title, lien and interest of the Trustee under said
Mortgage, in and to the property herein conveyed, or i.n and to the estate,
1ic't", .
b/JU1/lUL
KARLEEN F nE
RECORD VER"'I'F'IEBr;LAKER" CLERK
,~. 'BY:~
"
IF} r.i ,-Y () ~I
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PI~ELLAS COUNTY riA
_?I~.~==._~~ _.7598 PG .. ;8
- 2 -
right, title and interest herein quitclaimed, pursuant to the prov1s1ons of
Section 5.02 of Article Five of said Mortgage; Individual Trustee, L. F.
Sadler of Jacksonville, Florida, being relieved of any obligation to join in
such release by Section 10.06 of Article Ten of said Mortgage. This release
is subject to any and all the same rights, reservations, exceptions,
limitations and agreements herein specified on behalf of the Grantor, and is
without covenant or warranty, express or implied, and without recourse
against said Trustee in any event, and recitals of fact herein are to be
taken only as recitals of Grantor and Grantee and not of Trustee.
RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS
ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS
TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED
FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA.
ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM
YOUR COUNTY PUBLIC HEALTH UNIT.
IN WITNESS WHEREOF, CSX TRANSPORTATION, INC. and CHEMICAL BANK (as the
aforesaid Trustee), pursuant to due corporate authority, have caused their
names to be signed hereto by their officers hereunto duly authorized and
their corporate seals, duly attested, to be hereunto affixed.
Signed, sealed and delivered
in the presence of:
CSX TRANSPORTATION, INC.:
c?~rc ~
By_
Ji
C s YqdE\;!-~n~
Au ority of Pro,pe-r:ty M~~tl.e:nlenl Agreement
and Limited Power of Att~rn~y"dated'as of
Marc
Attest
/~aLW~
;;,,,. .
Signed, sealed and delivered
in the presence of:
/fOJ 1 ---
~
CHEMICAL BANK, as Corporate
Trustee as aforesaid:
BY~<m
Attes t_J1/1tu--_If{J~_
rAssistant Trust ~~-,.c.
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STATE OF FLORIDA )
) SS.
COUNTY OF DUVAL )
I
PINELLAS COUNTY FLA.
OFF.REC.BK 7598 PG 79
no be.titi!ll~ lWliealton
I, , a Notary Public of the State
of Florida and the County of Duval, do certify that, on the date below,
before me in said County personally came J. L. Kiesler, to me known, and
known to me to be the person whose name is subscribed to the above
instrument, who, being by me first duly sworn, did depose, acknowledge and
say that: he resides in Jacksonville, Duval County, Florida; he is Senior
Vice President, CSX Real Property, Inc. on behalfof CSX Transportation, Inc.,
the corporation described in and which executed said instrument; he is fully
informed of the contents of the instrument; he knows the seal of said
corporation; the seal affixed to said instrument is such seal; it was so
affixed by authority of the Board of Directors of said corporation; he signed
his name thereto for said corporation pursuant to such authority; and
instrument is the free act and deed of said corporation; and the conveyance
herein is not part of a transaction, sale, lease, exchange or other transfer
or conveyance of all or substantially all of the property and/or assets of
the Grantor.
IN WITNESS WHEREOF, I hereunto set my hand and official seal, this
I(.k day of ~ 19_,~o_
My commission expires on: ~~~~~
Notary Public
NOTARY PUBLIC, STATE OF FLORIDA
My aommission expires. Dec. 7, 1993
Bonded thru Patterson - Becht Agency
STATE OF NEW YORK )
) SS.
COUNTY OF NEW YORK )
I, ~VI; ~b~/' __________, a Notary Public of said
Count~pand .st1?:E~' duly authorized to take acknowledgements, do certify that
on lJvL i" ,:.l}JU , before me in said Coun.1:ty and State personally
cameRo LORENZEN and __~. VAYN_, ,
to me known, and known to me to be the pers~s whose na~re subscribed to
the above instrument, bearing date on the ~_ day of ,:/tJl'1 , 19iv,
who, being by me first duly sworn, did severally depose, acknowle~e and say
that: They areSFNTOR TRTTST OFFIOER andr Assistant Trust OfficerJ '
respectively, of Chemical Bank, a corporation under the laws of the State of
New York, and Corporate Trustee under the Consolidated Mortgage made by the
former Seaboard Coast Line Railroad Company, dated March 15, 1971, as
supplemented and modified; they ,heing informed of the contents of tl1e-
instrument, signed their names thereto with full authority to act for said
corporation; the seal of the corporation was affixed to the instrument, and
the instrument delivered, by said __R. l.pRENZEN ,
SE.~OR TRUST OFFIOER as aforesaid, by like authority; and said
instrument is the free act and deed of said corporation.
the d~,y
expires on:
tOOlS BOOl
NoBy Public. StaIB of NN York
No,43--W18901
OIBlilied in R"lChmord CDIIIlY
Certilical8 filed In New York Coll\ly
Commission Expires February 8, 1992
Notary Public
____._~S~Ai,)
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EXHIBIT A
I S COU~TY FLA.
. PI NELL.A ,~ 80
OFF. REe . BK 7598_n~~__u
Description of property at: Clearwater, Florida
To: City of Clearwater, Florida
CSXT Deed File No.: 12103-019-999-MAS
All that certain land situate in Section 16, Township 29 South, Range 15
East, Pinellas County, Florida, more fully described as follows:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all in
MAGNOLIA PARK according to the Plat thereof, as recorded in
Plat Book 3, Page 43 of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all 1n
MAGNOLIA PARK SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 3, Page 43 of the Public Records of
PINELLAS County, Florida.
Being all or part of the same property acquired by Grantor, or its
predecessor, by the following deeds recorded among the Public Land
Records of Pinellas County, Florida:
Parcel
No.
Acquired
From
Date of
Instnnnent
Book
Page
A
Sarah E. Allen
01-07-1914
09-27-1924
06-24-1985
84
424
B
Clarence Hobart
220
6023
110
A & B
Seaboard Tampa Investment Company
uU---Heirs of Sarah E. Allen
1259
A'
, ,.
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--- - ---- -~-" - . ---- --
By Final Order Entered on
08-09-1988 in Court Case
No. 86-16816-16
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Parcel No. A and Parcel' No. ,'8.. as shown above being as follows:
:~rOOl' Ais used to describe East 15 feet of Lot 6 and the East 15 feet of
'.Iht ~fif. ,ana "aJTt"'ofJ3ots 7, 8, 9 and 10, Block 7, MAGNOLIA PARK
~ : s". :. i
Parcel B is used to describe Lot 8, Block 12, MAGNOLIA PARK
.
I
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney~
Purchase from CSX Transportation, Inc. - Part of Lot 6
and East 16' of Lot 11, all of Lots 7,8,9 and 10,
Block 7, and Lot 8, Block 12, Magnolia Park Subdivision
FROM:
RE:
DATE:
July 3, 1991
As a follow-up to my memo of June 20, 1991, enclosed are the
original recorded quit claim deed and the title policy regarding
the above purchase.
MAG: jmp
Enclosures
ALTA OWNER'S POLICY - (4-6'90) WITH FLORIDA MODIFICATIONS
,..
E:::
POLICY OF TITLE INSURANCE ISSUED BY
91050066
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM C~.RAGE, THE E TIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND S'lPULATIONS, ST .. ART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, I of Date of Polic~ll$hown in Schedule A, against loss or damage. not
exceeding the Amount of Insurance stated in Schj~~le A. sustained Of:;~!1Icurred by the insured by reason of:
L',^ >
1, Title to the estate or interest described in Sc"'.le A being vested other than as stated therein;
c \t~~; t
2. Any defect in or lien or encumbrance on the t~~Li'I;
iI i~'
3. Unmarketability of the title;
4. Lack of a right of access to and frOfl1 t
The Company will also pay the costs,'im:i)
to the extent provided in the Conditions
~~~~
defense of the title. as insured, but only
IN WITNESS WHEREOF, Stewart T
duly authorized officers as of the Date of
this policy to be signed and sealed by its
Chairman of the Board
~"~d~
AuIl'horized Signatory
Company
City. State
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (incl uilding and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any vi mances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice af a defect, lien or,encumbrance resulting from a violation or alleged violation affecting the land has been
d d' h bl' d f I' ."iIne'lIIy "1 ( Oil/ran
recor e m t e pu I,C recor s at Date 0 Po ICY. '
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(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. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
....,....,.---~.."...,.....-...=-~-
Page 1 of
Policy 0-2111-
Serial No.
14185
211 (Rev. 4,6,90)
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SNOI1Y1ndI1S aNY SNOlllONO)
AL T A OWNER'S POLICY
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14185
SCHEDULE A
Order No.: 91050066
Policy No.:o-2111- 1418 S
Amount of lnsurance: $ 350, 000 . 00
Date of Policy: aune 17, 1991
1. Name of Insured: CrTY OF CLEARWATER, FLORIDA
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3, Titletothe estate or interest in the land is vested in:
CITY OF CLEARWATER7 FLORIDA
4. The land referred toin this policy is described as follows:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all in
MAGNOLIA PARK according to the Plat thereof, as recorded in
Plat Book 3, Page 43 of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all in
MAGNOLIA PARK SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 3, Page 43 of the Public Records of
PINELLAS County, Florida.
STEWART TITI..I~
REG. 0 0012
Page 2
GUARANTY COMPANY
ALTA OWNER'S POLICY
Order No.
SllOSOCJ66
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SCHEDULE B
2111
Policy No,: 0 ~-.141 85
delete
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1, Ri
2, Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey and inspection of the premises,
delete 4,
i_IlI":lJiJiiJC~
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
6. Any titles or rights asserted by anyone including but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7. Taxes for the year 19 92 and thereafter,
8. Subject to facts of survey by C.A. PETERSON, INC., dated June
13, 1991, showing the BRICK BUILDING encroaching into the
right-of-way and outside the insured property.
2113 (Rev. 6,87)
Page 3
ST.~WAR'I" 'l"I"rI..)~~
GUARANTY COMPANY
~T_____
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ICONDITIONS AND STIPULATIONS Continual
(continued and concluded from reverse side of Policy Face)
.-
(al The liability of the Company under this policy shall not exceed the
least 0(:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy,
l!2J (This paragraph removed in Florida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accor~ance with Section 4 of the Conditions and Stipulations,
8, 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 the
p'arcels 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, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy.
9, LIMITATION OF LIABILITY,
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured,
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company.
10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY,
AIl/ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto,
11. 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
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and 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 to the insured owner.
12, PAYMENT OFLOSS,
(a) No payment shall be made without producing this policy for endorse,
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company,
(b) When liability and the extent of loss or damage has been definitely
fixed in accordCince with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13, SUBROGATION UPON PAYMENT OR SETTLEMENT,
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this pol.
icy, 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 reme'
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com.
pany, the insured claimant shalltranster to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro,
gation, The insured claimant shall permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies,
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required tOlay only that part of any losses insured against by this policy which
shall excee the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non.insured Obligors,
The Company's right of subrogation against non,insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua'
ranties, other policies of insurance or bonds, notwithstanding any terms or condi,
tions contained in those instruments which provide for subrogation rights by rea,
son of this policy.
14, ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur;
ance Arbitration Rules of the American Arbitration Association may be demanded
if agreed to by both the Company and the insured, Arbitrable matters may
include. but are not limited to. any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation, Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party, Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court
having iurisdiction thereof,
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT,
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com,
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) 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
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a 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.
16, SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law. the rolicy shall be deemed not to include that provision and all
other provisions shal remain in full force and effect.
17, NOTICES, WHERE SENT,
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.
STEWART TITLE
GUARANTY COMPANY
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
Purchase from CSX Transportation, Inc. - Part of Lot 6
and East 16' of Lot 11, all of Lots 7, 8, 9 and 10,
Block 7, and Lot 8, Block 12, Magnolia Park SUbdivision
FROM:
RE:
DATE:
June 20, 1991
The subject purchase was completed on June 14, 1991, and enclosed
are the following documents:
Copy of Contract for Purchase and Sale
Settlement Statement
Title Commitment # C9912-762416 issued by Stewart Title and
Guaranty Company
Copy of Quit Claim Deed
Survey
Environmental report prepared by Camp, Dresser & McKee
Indemnification, release and acknowledgement
Copy of memorandum of power of attorney
Copy of certificate re: execution of documents from CSX
Copy of mechanics' lien affidavit
Copy of certification of non-foreign status
Copy of requests for tax computation on transaction (2)
I will forward the original quit claim deem and title policy when
I receive them.
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement
BECEIVED
JUN 2 1 1991
CITY CLERK
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t1AY 30
'SI 15:45
FROM REAL PROPERTY
PAGE.001
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COMPANY: S:~A<J( _~
PHONE I:
FROM:m-~.~c.-Itt..I~ I PAGES: I~
PHONE' : VERIFY-Qt'N)
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CS~ Form 4653-Sheet 1
June 1989
RE-12103-RM
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nus AGREEMENT, madQ and entered into this .J.L. day of t-,~
V 1990. by and between CSX TRANSPORTATION. INC., a Virginia co~oration,
hereinafter called .Sellerw, and CITY OF CLEARYATER, FLORIDA, hereinafter
called "Buyer."
(Wherever used herein the CQrm "Buyer" sh3l1 be
construed 1n the singular or plural as the context
may require'Qr admit and shall include the heIrs,
legal representatives and assigns of individuals or
ocher entities or che SUccessors and assigns of any
corporations.)
:VITNESSETH: Thac. for and in c:onsiderat.I.on of the premises, and subjeot
to terms and' conditions hereinafter set forth. Buyer hereby offers to purchase
from ,Seller and Seller agrees to sell to Buyer the propert:y described in
Exhibit. "A" .attached hereto and _de a part hereof, which land is located at
Clearwater, County of Pinellas, State of Florida, hereinafter called Wthe
Prems&J(."
The terms and conditions of this sale and purchase are as follows:
1. . l'lUCE:
. 1.1 The agreed Total Purchase Price for said Pre.Dlises is THREE H.UNDRED
FIFTY THOUSAND AND NO/lOO U. S, DOLLARS ($350,000.00).
-1~2 If ~a s~9Jei a~ea sf ~ Pre.lees ia .er~ tnaft f~ ~~~~en~ (St) ~
"W"9-.t... ~all~. arn 'ill 1:119 Preahee blaiea1!~s ~ &a.iblt "~\~. el.i!. '!\,t.....l ~
o._..:v.'-,;"'b;l~" l'ri-av ..llal' \Q P:r;oPOX'~1"Aal1y 1'111'5'&'.-9(;1 (~~d9d u.p ;_ ~R8 HeArfl9~ lJ"
-.A'~n.g'd 04ctllars) ha.eei 8ft tit. lIiffenHee Betwe.en tk~ S'It'eV _) _8 Il.Ul'.4:t;l! ~,
....agf. 8!!{l,ih<l.l1y iftllhahs.
V"
2. DEPOSIT:
. i
~.8', ~~ ~$i;.~~~~;g;:~~~~:-=r~~~:~~~n~~~~~:~.e~t~
8Al-~.. Ii ~R; T9tal PY~GA8Qa P~i.. $Qatt 88 p8i~ .~ tv~~lqmeHt (~ia81Hg). ~H ~
8al!lft, 'er 11,. ~ert1fle8 ,,~ 848klU' _ el..!:IMe, BE' 11, ~tht\f' retuUl, 1l.4i1Ilt.ble. fl!u~ 0'"
8eeep~ael~ .8 S811e~.
. 2.2 'The Ini.ial DapBsi~'~all 88 applies AS '&Ft 8f T.'.l PY~ekaa8 Fri8".~i
a~ ~A8 .'-e BE ~8~~le.eft~, IBi~i.l >>B,;sl~ BRall ~e r8~B.8& ~B 'B~er '~J, !~ .~~~~'
~ "llIlfll.~" "f._I Qifll!' II RVt; 'Q1J'ilap~lI~ ~ fdl.....l' 9- ."f'~1l ......~1'A'llt"i~Q ft~
~~au!~a.~B.i...I~ l.ll ,.~ --i 14,~ L_~~4
j'.,..l"!(."3 If B...J...... .f~L. c.... _0.4\.~. S<..I!t1__t...t 1.. a~~&dma~4> _hI. .l..d l_~_ J\J!l J
t,':.IIS'.uo~, 1~.1I" _gnu RBi UnsllRlI. lIhall .. l"iUal :P8puh 1M" 1... f.~.hll!lli M ' .,fJJ!.~J
I~~. r-N~~~-~V RY i~'l--. .. ~~'la-'. a,l. .,vi... ia aiil.l!il t~_L_la, 8~11~E. ~~
~. a~ i~. u'ill~ ep~~. ..Y w.-f] I.__'~ ~ ~p.~1fj~ F9~fa~8-~"" "T ~~ 19881 [/II
06/01/89
, . -
. ," ..
...... ~...~ ,"
. '.- . .
RECEIVED
JUN 2 1 1991
CITY CLERK
06/01/89
MAY 30 '91 15:46
.~..
..
FROM REAL PROPERTY
'.
PAGE.002
11"
.
CSXT Form 4653.Sheet 2
June 1989
~. .::~::~: :=::~ "';~~ ~~.~.;"::::.. "::~~. .~,... .f 01... Iff,;> .. .fII.J
3. OFFEll, ACCEPTANCE:
3.1 UNTIL EXECUTED BY SELLER'S VICE PRESIDENT-PROPERTY SERVICES, CSX RAIL
TRANSPORT, 'l'BIS AGREEMEN'l" SHALL BE A FIRH OFFER BY BUYER. 'l'O PURClfASE SAID
PREMISES. nIE OFFER llILL BE SUBKITTED FOR SELLER.' S CORPORATE KANAGEMEN'I'
APPR<W'AL PROCESS BEFORE SELLER'S EXECUTION. THIS PURCHASE-SALE AGREEHEN'l' IS
EXPRESSLY CONTINGENT UPON SUCH CORPORATE APPROVAL(S). FAILURE OF SELLER'S
MANAGEMENT TO APPROVE THE OFFER VITHIN ONE HUNDRED TwENTY (120) DAYS OF
SEL1..E1l.' S SUBMISSION SHALL RENDER. THIS AGREEMENT NULL AND VOID. AND THE INITIAL
DEPOSIT SHALL BE REtuRNED TO BUYER.
4.' OONDltIONS:
v
. .
4.1 This Purchase-Sale Agreelll$nt is also contingent upon tbe fo;J..lowing
ev~nts, if, any:
. L1tt/. '. .Satisfactory results, to the Buyer, of environmental te.sts
~nducted at'~he site by the Buyer.
. 4.2 In the event the conditiolUJ in Section 4.1 have not been._~,
satisfied or obtained within thlrty (30) days after the date of Seller's
. acceptance of this Offer, Buyer may terminate this Agreement by written notice
to Seller, . in which event this Agreement shall be null and void, the Initial
Deposit shall be returned to Buyer, and neither Seller nor Buyer shall bave any
further r.1ghts or obligations here\mder. If Seller has not received written
notice. from Buyer to terudnate this Agreement prior to the expiration of such
tntrty (30)' day period, the condltioO$ set forth in Section 4.1 shall 'be deemed
waived by Buyer, this Agreement shall remain in full force and effect, and
Seller and ~uyer shall proceed to the Closing.
s. DEED:
5.1 As early as practicable after date of acceptance of~. Agreement.
Seller will prepare and submit to Buyer, for Buyer's approval, a, form of.deed
to convey the Premises to Buyer. Buyer shall bave a period of ten (10)
calendar day~ after receipt of said deed to examine same and notify Seller of
approval. ,Upon approval, or after sald ten (10) days, Seller shall prepare
deed in form submitted.
5..2 At time of approval of Deed, Buyer shall designate the niune(s) of
Crantee(ll) in deed and any form of co-tenancy. (If designated Grantee is a
cor:poration, designation must include oa.te and sta.te of inoorporation; if a
par..tnershi-p, designation shall include state and date of oreation) , wbether
'general o'r 11m! ted partnership, and names of 811 general partners; . it:
Joveriunental 81!ency, state the correct: st:a.tutory desi.gnation; if individual
grantee-(s), designation must state any form of eo-tenancy: joint with rights
of survi~rsh1p, common or entirety.)
~.3 Conveyance shall be by Ouitcl",im Deed: but sha11 be sub1ect to: the
usual exceptions contained in title insurance binders; all existing roads and
RECEIVED
JUN 2 1 1991
CITY CLERK
MAY 30 '91 15:47
FROM REAL PROPERTY
PAGE.003
'.
" .
fO'!-
.
.
CSXI Form 4653-Sheet 3
.Tune 1989
public utilities; reservations, exceptions, easements and restrictions of
record; any applicable zoning ordinances and subdivision regulatio~ and laws;
taxes -and assessments, both general and special, which become due and p,ayab1e.
after the date of conveyance and which Buyer ASsWlles and agrees to pay; all
existing encroachments, ways and servitudes, howsoever created,' determinable by
a proper surveyor by an inspection of Premises.
5.4 kelease(s) of Seller's mortgage(s), if any. shall be: included in
deed; or by separate instrument at or after Closing.
6. TITLE SEARO'B, IRSUllANCE:
. 6,1 ;l:t shall be the option of Buyer to arrange and pay for any
e~amlnatibn of title to the Premises as Buyer may desire. Failure .to 'Obtain
such examination, or failure to report to Seller any objections as hereinafter
reqtdred, constitutes a waiver by Buyer of any and all title d8fftcts.. affecting
Buyer~s obli~ation to purchase and Seller's liabilities as Sel1e~. This
provision shall also survive Settlement.
6 .2 . '1 f conveyance is bI Warranty D.e.ed, any subs bntul d8fec ts in t1 tle
(other than mortgages to be released or items hereinabove s~ctfloa.lly set
forth) which render title unmarketable (and not merely insura.ble at a higher
rated premium). must be reported to Seller in writing within thirty (30) d8.Y$
follo:wing Seller'l$ Bcceptance of Offer. Within ten (10) days of receipt .of
Rl.lYer's written obj ectioM, Seller shAll advise Buyer in vrit1..ng whether Seller
is willing or able to rel1lOve RU}'er's objections, in which event, date of
Settlement may be postponed for a reasonable period of time to accomplish
re1llOV'al. If Seller is unwilling or unable to remedy Buyer's reported'
objections, Seller shall so advise Buyer in writing within said ten' (10) 'day
period, and Buyer mAY elect to (a) accept such title as Seller is willing to
give,' -with such defects withou.t reduction in purchase price, O~. (b) to
terminate this Agreement by giving written notice to Seller within fifteen (15)
days after receipt of Seller's advice. Upon such terminatitm, the parties
_hereto shall be relea.sed from any and all duties and obligations hereunder,
including the duty to close and any liability' for breach of any of. the
provisions bereunder. If Buyer does not give such termination notice, or
elects .to take title with defects or exceptions, this transaotion shall be
coc:ple,ted as herein provided, and such defeot or exception shall be 'additional
exception(s) from any deed warranty.
6.3' If conveyance is provided by this Offer to be by ~uitclaim Deed,
Buyer.agrees to accept conveyance from Seller. regardles$ of results of any
title search.
6.4 Any title insurance shall be provided by and at the sole .expense of
Buyer.
-.--.
06/01/89
DECEIVED
JUN 2 1 1991
CITY CLERK
MAY 30 '91 15:48
FROM REAL PROPERTY
PRGE'.004
'.
.
.
GSxr Form 4653-Sheet 4
June 1989
7. SELLIll' S TITLE OJUCIN:
7.1 Seller's immediate title source(s) is/are as follows:
INSTRUMENT IPART'I DATE
RECORDATION DATA
Parcel A: Easement/Sarah E. Allen 1/7/1914
Parcel B: lla.rranteEl DeEld/ClarElDCe
Hobare 9/27/1924
parca1 A&B: Warrantee Deed/Seaboard
Tampa Investment Co, 6/24/1985
Parcel A:. Quiet TitlejUeirs of
Sarah E. Allen 8/9/1988
OR Book 84. Page 424
OR Book 220, Page 110
OR Book 6023, Page 1259
Court Case No. 86-1681~-16
8 . stJJ.VEY I
8.1. Immediately upon Buyer's execution and submission of thls'O~er,
~r :shall arrange for a survey of the PreJlllses at Buyer's . expense , and
Buyer's' surveyor may enter Premises in accordance wi~tlcle 14' hereof.
8.2 Vithin thirty (30) days after submission of Offer, Buyer shall
furnish Seller three (3) copies of metes and bounds descr1ptIOn, describing
exact area to be conveyed, and three (3) prints of a survey plat acc.eptable to
Seller and to Recorder of Deeds for the County or City 1n which,~e. Premi~es
lie!t, for use by Seller in preparation of deed and otber papers. If Seller
does ~ot accept Buyer's Offer, Seller shall reimburse Buyer ,for eost of sw:vey,
Bnd :B'uyer ,8M11 thereupon assign all rights ther~ln and copies thereof ,to
Seller.
t. SET'lLEHERT, CLOSING:
9.1 Settlement or Closing he.reunder shall be held at any time.,within
Si.~ey (60)' cLays following receipt of Seller's acceptance of this Offer. at such
tiIN and'plaoe as Seller shall designate 1n writing, unless otherwi.se extendad
by Seller in writing, ti.Jlle expressly being of the essence of the :resulting
oontract 1n its entirety.
9..2, In the event of Buyer's failure to closewlthl-n tbe aforesaid period,
and if Seller agrees to extend Settl.-ent date, the Total Purchase P~ice for
the Premises shall increase at the rate of one p~rcent (1\) per month. or
fraction thereof, until actual Closing. '
10. . .POSSESSION;
10.1 Buyer shall Qbtain possession at time of'Settlement, subject.to all
11.Jnitatlot\S 1n Section 5.3 above, and to the following occupancIes, leases,
licenses or limitations (which may ,not be stated ~ deed):
NONE
.06/01/89
RECEIVED
JUN 2 1 199'
CITY CLERK
.06/01/89
~lAY 3121 '91 15:48
FROM REAL PROPERTY
"
PAGE,12I1215
I
.
.
CSXT Form 4653-Sheet 5
June 1989
10.2 At Closing, Seller shall (4) assign to Buyer, and Buyer assume,
Seller'. rights. title or interest: in such items as apply solely ~o the
Preaiae.. or (b) include Buyer as a party thereto if applicable ~o more. than the
PrerUaes.
10.3 If possession i. given to Buyer prior to Settlement, en~ry shall be
in accordance ~ith Article 14 hereof, and Buyer shall be liable and responsible
for any and all utility charges or expenses as of such date of possession.
11. ANNuAL TAXES; RENTS; LIENS; CBAllCES:
11.1 All annual or periodic taxes or assessments on .the Premises.,' both
general and special, shall be prorated as of date ~f Settlement. Any proration
. shall 'be based on the taxes assessed against the Seller in the year .of the
delivery of 'Possession or entry by Buyer and shall allow the maximu!a discount
penrltted by law.
11.2 All rents and license fees (In e~cess of $500.00) accruing to said
Prealse.s shall be prorated at S&tt:lement, except as noted herein:
,NONE
.IL 3 . Any certified governmental a.ssesSDlents or liens for u.provements on
Preai:ses whi~h are due and payable at the time of Clo$ing shall be paid' in full
by Seller, ,and any pending liens or assessments for improvements n~t yet due
and payable at Closing shall ~ thereafter paid in full by Buyer.
12.. TAXES ON TllANSFEB.i OLOSING COSTS:
12.1 ' 'Buyer shall pay all transfer taxes. however styled or. desl:gnated,
all .4o~umentary stampe. recording costs or fees or any 8imila~. expense in
connection with the proposed sale or necessary to record the deed.
..., 12.2 Buyer shall be solely responsible for any reassessments generated by
rec~sificat1on of Premises resulting from this sale or transaction.
12.3 If any state or local governmental authority determines. or requires
the .payment of any sales or use tax upon the sale, acquisition, u.se or
disposition of any portion of the Premises, under any' statute, regulation 'or
rule. Buyer shall pay the same, plus any penalty or. interest theJ;'eon. db;ectly
to said authorit:y, and shall hold Seller harmless therefrOlll. Seller shall
QOoperate with Buyer in the prosecution of any claim for refund.' rebate or
abatement of said tax.
12.4 ~el1er shall pay cost of recording any release of Seiler's.
mortgagees) or lien(s). In the event Buyer finances any portion of.~otal
Purchase Price, Buyer shall pay all costa thereof. including recordation,
intangible. baes, etc.
RECEIVED
JUN 2 1 1991
CITY CLERK
06/01/89
MAY 3121 '91 15: 49
FROM REAL PROPERTY
PAGE. 12106
,-
~ f
,
,
CSXT Fo~'4653-Sheet 7
June 1989
suecessors, and assigns, also covenants and agrees tbat no building or
strua~. shall be placed or eonstrUcted by Grantee within a distance of feet,
in each (~asterly/westerly or northerly/southerly) of StreetIRoad, in. order to
maintain proper sight clearance for the safe operation of Grantor's trains,
loeomotives and rail equipment.
[] (D) OTHER.;
(X] (E) NONE
14. Buna's 1lI0HT or ElmYI
14.1 During the term of this Offer, and prior to Settlement, Buyer and/or
its aget;lt:s shall be permitted to have access to the Premises, subjeot .to the
rights. of.any tenant of Seller, to make surveys, make measure.ments, conduct
enviroDlll8t\tal or engineering tests (including drilling and co~ng for
preconstruotion soil analysis), and otherwise make such pbyalcal inspections
and <'m.aly~e5 thereof as Buyer shall deem necessary; PROVIDED, bowever, that
BuYer hereby assumes all risks of such entry and agrees to defend, indemnify
and save Seller harmless from and against any claim. cost or expenSe resulting
from any damage to or destruction of any property (including the Premises) and
any injury to or death of any person(s), arising frOlll' the aCts or omisfdons of
Buyer or its agents in the exercise by Buyer or its'agents of tbis .'
r1.gbt,.of-entry, and Buyer agrees to do no act which would encwaber title to
P~emises. in exercising this right-of-entry.
14.2 Any damage to the Premises or improvements resulting trom Buyer's
entry onto the Prem1ses shall be repaired or corrected at B~er)s 80le cost in
the' event this transaction does not close. Any drilling and coring holes shall
be filled ~n cOllple1:!on of testing. Mowing and chopping .to facilitate ao.o.65/$
for acti~lties under this Article shall be done by Buyer at !uyer's sole risk,
cost and. expense.
14,3 Seller reserves the right to monitor and approve all procedures
re.l,aeed to the conduct of any e,nv1ronmental tests, st:ud1es, measurements or
analyse~ performed by or for Buyer in, on, to or with respect t:o 'the :Pr.eJIllses.
Buyer shall provide in any contract or bids for site assesS1ll$nt or.
environmental inspection a ~confidentlality clauseN. l~lting diselosure of
report only to Buyer (or to Seller, upon request). . Buyer shall also: notify
Selle.r in writing no less than fifteen (15) days prior to initiating any such
environmental work; keep Seller fully apprised of th.eprogress. of, and
procedures followed with respect to, all such environmental work;: wd fully
cooperate with all reasonable requests of Seller in undertaking and carrying
out such work. Buyer shall deliver to Seller, rlthin five (5)' days after
recei.pt, ~opies of all results, reports end studies, whether of an
errv!ronmental nature or otherwise, resulting from any work conducted by Buyer
pursuant. to Section 14.1 or otherwise in accordance nth this Agreement.
14.4 'If enviroDlll8ntal con~inJllt1.on of the Premises, is revealed by the
studies and ~sts conducted by Buyer pursuant to Sections 14.'1 end 14.3 in an
amount and/or concentration beyond the minimum acceptable levels established by
ourrent applicable governmental authorities or if the estiaa~ed costs of cure
RECEIVED
JUN 2 I 1991
CITY CLERK
06/01/8"9
MAY 30 . 91 15:5121 FROM REAL PROPERTY PAGE.12I1217
, ,
CSXT Form 4653-Sheet 6
JunCt 1989
13. DEE]) COVENANTS I
13.1 Deed shall contain, in effect. the following language as ~ovenant(s)
to run.with title to Premises conveyed, and as binding upon Buyer, Buyer'B
heirs, legal representatives and aBsi~, or corporate successors and assiSns.
and anyone claiming title to or holding Premises through Buyer. (Seller to
check applicable provisions):
[] (A) FENCING: (If Premises are adjacent to T-ail right-of-..y):
GRANTEE, by the acceptance hereof, hereby covenants and agrees with Grantor
thae Grantor .sball not; be required to erect or maintain any fences, railings
or guard rails along any boundary lines be~een the Premises and the. adjacent
l~d(B)'of Grantor or of any other company affiliated with Grantor; or be
liable for. or required to pay any part of the cost or expense of erecting or
maintaining such fences, railings or guard rails or any part hereof; or be
liable f~r any damage, loss or injury that may result by reason' of the
non-existence or the condition of any fences. railings or guard rails. Grantee
ass~s all liability and responsibility respecting fences, railings or guard
rails; or the absence thereof. Grantee shall construct and maintain. a.t
Grantee's .ole cost and expense, an adequate and suitable fence along the line
of the premi$es which adjoins Grantor's railroad track for so long as a
railroad .track exists on the adjoining railroad ri"ght~of-way. The'fence shall
be of a type satisfactory to Grantor and reasonably sufficient to keepporsons
and vehicles from trespassing on Grantor's adjoining :right-of-way. .'
[) .(B) DRAINAGE: (If Premises are adjaoent to rail dght-of..:way):
Grantee,' by acceptance of this deed, hereby covenants that it, its successors,
. be-l.rs,. legal representatives or assigns shall maintain the ex1st:ing drainage on
the Premises in such a manner as to not impair adjACent railroad right-of-way
drainage and to not redirect or increase the quantity or velocity of surface
water runoff or any streams into Grantor's drainage system or Upon t,he .
right-of-way or other l~s and facilities of Grantor. If said .Premises or
existing drainage are modified or improved, Grantee agrees to ConstrUCt and
~1.ntain, :in accordance with all applicable statutes, ord;~ces, building and
subdiv:t.s1.on codes, covenants and restrictions, an. adequate drainage system from:
the P'reuiises to the nearest public or non-Grantor owned drainage or' storm sewer
system, in order to prevent the discharge of roof, surlace, stre_ and other
drainage waters upon said right-of-".ay or upon o.ther adjacent lands; .and
faeilities of Grantor.
_ [J (C) .SIGHT CLEARANCE: (If Prelllises are adjacent to rail
right-of-wa.y) :
. Grantee, for itself, its successors and assigns, hereby covenants and
agrees that. for so lotlg as tbe propert:y adjacent; to the Premises c6n~ins an
operated and operable track and line of railroad, neither Grantee, nor its
successors and assigns, shall erect, or cause to be erected. any buildlng or
structure in, on, over or across the as sbown (1n color or by hachure) on
Grantor'.s Drawing No. ,dated (last revised ), attached hereto and 'Dade a part
hereof fot;' general references only; nor shall Grantee, its successol:s and
assigns. pend, alter or modify any Sur<1ey description of said area. nor. cause
~e s.8.Ille ..to be amended, altered or JIIOdified. Grantee, for itself. its .
lfECEIVED
JUN 2 1 19~1
CITY CLERK
16.Z In the event Buyer does not terminate thiS AgreeQl~nt, &s provided in
Sections'4.1, 6.2 and l4.4 hereof, Buyer shall secure, in an amount at least
equal to that portion of the Purchase Price allocable to such building(s) or
structure'(s), a policy of Fire and Extended Coverage Insurance on said
building(s) and/or structure(s), insuring both Seller and Buyer as their
respective .interests may appear. Buyer shall furnish evidence of such
insurance.to Seller, only on demand.
06/01/S9
MAY 30 . 91 15; 51
FROM REAL PROPERTY
PAGE.008
-
-
'i
CSXT Form 4651-Sheet 8
June 1989
or remediation exceed Ten Percent (10\) of the Total Purchase Price; Buyer's
~. and exclusive remedy shall be eo te~nate this Agreement and receive a
refund of the Initial Deposit. Under no circumstanoes shall Seller. be required
to correct, remedy or cure any condition or characteristic of the Premises,
including but not lilllited to any environmental contanllnaelon which Buyer's
tests and studies may reveal, a5 a condition to Settlement or other performance
hereunder. If Buyer does not elect to terminate, or elects not to secure any
tests or inspections, Buyer shall take the Premises~As Isw, and assumes all
risks o.f condition of the Premises.
14.5 Buyer acknowledges that Seller makes nO guarantee~ representation or
warranty regarding the condition of the Premises. end Seller expressly
disclaims any and all obligation and liability to Buyer regarding any physical
or environmental defects which may exist with respect to the Prelllises.
15~. SUBDIVISION. Al'PROVAL:
15.1 If any subdivision approval is deeDled necessary for the .completion
of the conveyance her~in, or if Buyer desires subdivision approval, said
approval sh~ll be obtained by Buyer at Buyer's sole risk. cost, and exp~n$e.
Seller shall cooperate with Buyer in obtaining said approval, to the extent
necessary or required, but Buyer shall reimburse Seller for any and all
cbarges. 'costs and expenses (including portions of salaries of employees of
Seller assigned to such project) which Seller may 'incur in such eoOperation.
15.2 Seller makes no guarantee or warranty that any subdivision approval
will be granted and assumes no obligation or liability for any. costs or
eXpenses if same 1s not approved. .
'15.3 Failure to obtain any subdivision approval shall not be grounds to
postpone .or extend Settlement, or for rescission of the contract re'sulting from
Seller's aoceptance of Buyer's Offer.
l5..4. Costs and expenses shall include all fees, costs t,md expenses of
'obtaining : subdivision plats, fiUng same. with applicable governmental
body(ies)~ recordation thereof, attorneys' fees, and all other' related and/or
associated items.
16. . DlStJUBUt IUSK:
16.1 If this conveyance involves sale of any building(s) and/or
strueture(s), upon acceptance of Offer, said building(s) and/or structure(s)
shall be held by Huyer at Buyer' 8 $01e risk until Settlement. Seller shall
have no duty to insure Buyer's interest or to amend or alter Seller's existing
insurance'policy(ics) to reflect Buyer's interest.
"
"
",
PAGE. 01219
"
MAY 3121 '91 15:51
FROM REAL PROPERTY
.
.
.CSXL Form 4653.Sheet 9
June 1989
16.3 Destruction of building(s) aT\d/or structure(s) by any insurable
peril shall not be grounds for Buyer to terminate this oontract or to postpone
Settlement hereunder. Failure of Buyer to insure shall be at Buyer' 8 sole
risk, cost and expense.
17 , BllOICD.' S FEES:
17.1 Seller shall be under no obligation to p~y or be responsible.for any.
B~oker's or finder's fees, cOllllllissions or charges in: connection 'With handl,.ing
this transaction, or Settlement, Seller and Buyer each warran"t to .the other
.t4at no, real estate brokers or sales agents are inVolved in this ~ransa~tion.
18 . EASE!fEftTS, lUGRTS, INTERESTS TO BE RETAINED:
18.1 Seller shall except and rese~ unto itself as Crkntor, its
Ruccessors and assigns, the following easements,' rights and interests. (Seller
.to check applicable item(s)):
,[] (A) EXCEPTING unto Grantor all oil and gas, and the constlt;uents of
each, underlying the Premises; and RESERVING the right for Grantor. and its
lessees, to remove the same; however, Grantor will not drill or pennit drilling
on the surface of the Premises without written con...~ent of Grantee.
[J (B) EXCEPTING unto Grantor the own8uhip in and to all track(s) and
other. track. material (including switches and signals and ballast) within and on
the premlses. Grantee shall rem0'V'8, at its sole cost and expense, . all such
track(a)' and other track material and stockpile same (other than the ballast)
. for later retrieval by Grantor.
[1. (C) .RESERVING unto Grantor (an) easement(s) twenty (20) feet in
width,. ten (10) feet in each direction from center of (each) traok, for the
continued lo~atlon, maintenance, use, repair, replaoement and removal of the
. tracka5~ shown on Premises description Drawings; TOGETHER WITH the ,right of
ingress and egress to and from said trackage until removal. Said easement
shall automatically terminate And atl title vest in Grantee upon cessation of
use and removal of said traokage by Grantor,
[) (D). RESERVING unto Grantor an easement fifteen (15) feet in width
along and/or across the Premises, to construct, malntain,operate, U8e,
replace, relocate, renew and remove fiber optic communication cabl~s, lines or
tacili1:1es beneath the surface of the PreJllises, and all ancillary equiplllent or
facilities (both underground and surface), or to attach the same to existing
bridges or poles on the premises; TOGETlIER WITH the further r.ights to assign
the rttserved easement, right and facl11 ties, in whole or in part, and t() lease,
license or permi t tldrd parties to do so; PROVIDED that the. exercise of such
right dOes not unreasonably interfere with the safe .and efficient. use of the
Premises, or any 1sDprovements thereon. by Grantee.
[J (11:) RESERVING unto Grantor a Perpetual Railroad Easement th1.rcy (30)
feet in width,fifteen (15) feet in each direction from the center of each
track, for the continued location, maintenance, use, repair, replacement and
removal of the trackage and appurtenant rail material and facilities '(tie$,
. ballast, drainage structures. signals, switches, communication I1n~~, etc.)
06/01/89
MAY 3121 '91
15: 5'2
FROM REAL PROPERTY
PAGE.12I10
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CSXT Fora 4653-Sheet IO
June 1989
shown on Premises description Drawings, ownership of all of Wbich1s also
excepeed hereunder; TOGETHER. VITK the righe of ingress aoc,1 egress to and from
said trackage and facilities. Said Railroad Easement shall automatically
terminate and title vest in Grantee upon cessation of use and removal ,of said
trackage .and facilities by Grantor, Grantor'S successors and assigns.
[ ] (F) EXCEPTING unto Grantor the ownership in and to all extsting
signal and/or coDllllW1i.eation poles, wires, guys, etc., within or on the Premises
and . located generally along or near the line thereof; and RESERVING unto
Grantor. a perpet\lal easement to maintain said existing signal and/or
cOllldUnlcat1on pole line, wires, guys, etc., and to reconstruct same or.
.col1$truct new poles, wires, guys, etc., sufficient in m.uJlber and type tb meet
Grantor's present and future communication and/or signal needs; any new.pole
line.to be located generally along the alignment of said existing pole l1oe.
[] (G) OTHER (Clear Sight Restriction, At Ai.)
.[Xl (H) NONE
19. ASSICRHKNTI
19.1. This Purchase-Sale AgreePlent may not be assigned by 'Buyer~thout
the. prior written consent of Seller.
20" USULTmG CON'l'RAC'J:; EIfrIRE AGRJWwr.[:
20.1 . Buyer's Offer, when accepted by Seller as above, shall constitute
the resulting Contract and the entire agreement between the .p~~ies hereto, and
they shall flot be bound by any terms, conditions, st&tementsor'
representations. oral or written, not contained herein or in schedules .attached
here.to. . This contract IIlBY not b~ changed, altered or 1IlOdified except: by an
instrument in writing signed by the party against lihom the enforcelllent thereof
is sought.
'. 20.2 This instrument shall be executed in duplica1.:e, each of which lDay be
treated.as an original.
21. SUCCESSORS AIm ASSIGNS; SURVIVAL CI.6.USE:
21.1, :The resulting contract shall be binding upon the parties; their
.suece~sors and assigns Dr upon their heirs, legal repre~entative8 and assigns,
as. the ~ase Jilay be. .
21. 2 Art:y provision calling for obligations continuing after Settlement
shall survi:ve delivery of deed, whether or not deed so states.
22. IIOT:ICES:
22.1 llhenever notice is to be given UIlder the. terms o~ this .Offer, or
resulting contract, such notice s~ll be deemed to have been given' When
'enclosed in an envelope having the proper postage, addressed to the party to
'06/01/89
, 'Thh ~rchase Offer is accepted by Seller: this .;{ T
.1990.
da'Y ~f.' .~__
~
"
r'lRY 30 '91 15: 53
FROM RERL PROPERTY
0" "., ,9
.,/
PAGE.I2I11
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.
CSXT Fona 4653.Sheet 11
June 1989
receive such notice, sent by regls~ered or certified mail, reCUrn receipt
requested, and deposited at a U.S. Post Office.
22.2 The date such nodee shall be deemed to ha~8 been given shall be the
. first:. calendar day after the date se.nt by courier. express or overnight ("'next
day delivery-) service or the third calendar day after tbe. date of .the postmark
of the envelope.
23. 0TItD. TE1Um:
2~.1 Radon is a naturally occurring radioactive gas that, when it has
ac~at/!d in a building in sufficient quantities, may present: ..h4!ialth risks to
persons who .are exposed to it over tiae. Levels of radon that' exoeed 'federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county
. --public health un! t. '
.IN: VITNESS WEREOF, the Bu.yer has cauaed this Purchase Offer. to be .s;igned.,
in clupU<;;at:~~::aiid'.,dated the first dat:e written above.
~~". .
.s.~ ',-.... ... - "'. .
WI.~!~-:-''':::-''"'.{-;:''r... . BUYE&(S): CITY :OF CLF.AJlWATER
. ff~". "..; \~.', ~. -LJ/
...~t &'~~:_~-'- ''-V4f, ~ --~ . (SEAl.)
~a;...~~. .>'.:,~.- ;-.-.;., .
. .. :'~1 .;;.... """~:"....,. ;:
..,. ~ ~ ~.." ';':::'.~...- ,.
,. ..,I't,"'v:", ___.. . City '~nager
.'. ...~ .....;, ......
.' '.'
lfO'lICE OF SEU.Blt' B ACCEP'.r.AJlCE
.VITNE$S(ES) :
CSX TRANSPORTATION. life..
;~.~r
BY~~
On.-~n~. .aun~
Tide
. 06/0.1/89
1.
MAY 30 ' 91 15: 53
,. ~ " -~,.' ~ ..
" .
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.
EXUIB IT A
FROM REAL PROPERTY
.
. ". :
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~,\' ..
Lots 7-10 inclusive and aa8t 15' of Lots
6 and 11. Bloek 7 together with Lot S,
Block 12, Magnolia Park Subdivision, Plat
Book 3* Page 43.
PIERCE
liS .t
PeL. A.
IIS~
,FRANk.L/tV
50':1:
"
1'-
PCLJ!>
csx. BALnc-u1
PROPOSED SALE TO CITY OF CLEARWATER
SCALE:
DATE:
1 "_1.00'
3/20/90
VAL. SEC.
V12FLA/
L-I/
5-8a
AREA:
PCl;.:,! 30,~15"S;+
Pel. B 8,OOO'SF+
Total 38,475 SF!
PAGE.12I12
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. . EXHIBI'tA
N
** TOTAL PAGE.012 **
O.TYPE OF lOAN
1. 0 FHA 2 0 FMHA 3, 0 CONV. UNINS.
4.0 VA 5. (II~ONV.,~__
8. FILE - ----17, LOAN
NUMBER 91050066 -1 NUMBER
-~-'_-_-"M_','._.~, a MaRTe INS. CASE NO
C, NOTE: T('~pi~ fg(r)n~~{.~tpn~f~l~d :o,aivte, YOll1 astatehment of actual :lettlement costs.Amounts paid to and by the settlement agent ara shown. Items marked
' , , '_~'_ '.'__ ' use Ie C OSlng, t ey ara shown hare for InformatIOn purposes and are not included in the fotals,
D, NAME OF BORROWER: CITY OF CLE'ARWATER, FLORIDA ~.- --~_ ,__~~.__
PO BOX 4748
ADORESS: Cl:..EARWATF:R, FI:.. 14618
E. NAME OF SELLER; CSX TRANSPORTATION, INC.
500 WATER STREET
ADDRESS: J~~Qn~n7ITT
F. NAME OF LENDER: .,~ nluol.:,.'_",,-/HlC I IF: . FL 3/.202
-~
U,Il, U~"'Rn I m~n J ur nUUlllNIi IIND URBAN DEVElOPfIIENT
a
,4
I
'/
CASH TRANSACTION
SELLER TIN:
...,--...\.-......._\.J'.
ADDRESS:
G, PROPERTY LOCATlOHYa)E 151 0,.... LOT 6 & E 15 1
\ J.' 1 OF LO'I' 1 & AU, OF LOTS 7,8,9 & 10, BLK 7, I.'1l\GNOLIA PARK
also (b)LOT 8, BLK 12, ~~GNOLIA PARK
H. SETTLEMENt AGENT: STE"i.vART TITLE COMPANY OFCLEARWATER, :iNC-.-.'.._'_J.~ SETTlEMENT AGEH'r TIN: 59-1433918
ADDRESS: 1290 COURT STREET
Cr...,EARV~ATER, FL 34616
PLACE OF SETTLEMENT: STEWART TITLE COMPANY' OF CLEARWATER, INC.
ADDRESS: 1290 COt.1RT STREET
ctEARW'ATER FL 346J.6
J. SUMMARY OF BORROWER'S TRANSACTION
100 CAOS8 AMOUNT OUE FRO'"' BORROWEA:
101. Contract s~les prl(:e
102. Psrsonal property
103, Selllement Charges to borrow (/inF 1400)
104.
10$.
Jjl I. SETTLEMENT DATE:
JUNE 14, 1991
~__~~ 165th DAY OF YEAR
._ K. SUMM~RY OF SElLER'S TRAH8A.CTlON
400. GROSS AMOUNT OUE TO smtft:
350 000.00.. 401. Contracl Bles price
_~_ _ _ _ 402. Personal property
4 204. 50 403
404
Adjustments for items paid by seller in advance:
106. Clly/town ta~u to
101. County taxes 10
108. AsseS$menls to
109 to
110. to
111,
112.
120. GROSS AMOUNT DUE FROM BORROWER:
200. AMOUNTS PAID By OR IN BEHALF OF BORROWER:
201. Deposit or earnsst money
202. Principal amount Of new loan(s)
203. Existing loan(s) lak.en subicl;lto
204.
205.
206.
207.
208.
209.
Adjustments for ilems unpaid by seller;
210. Cily/\OWn laxas 10
211 Counly taxes to
217.. Assessments 10 .
11)0. ()O On..
40~.
_.._----J
Adiustments for items paid for seller in advance:
406 Clty/lown taxes 10
407. County la'~~ 10
40$ AsseSSmfnl, to
409. to
v.
410. to
-....-
411
412
354,204,50 42() GROSS AMOUNT DUE TO SELLER::
500. REDUCTIONS IN AMOUNT DUE TO SELLER:
- ,
SU8STlTUTE F~'M 1099 SELLEn 8TATEMENl-The informatlon contained in alocks E, G, H ~nd land on line 401 (Or, Illin~ 401 i~ asterisked.linllS 403 ~nd 40.4) is imporlant tax informallon and is being
furnished to the Int/lInal Revenue Service. If you are required to file a relurn, a negligence p~nally or olher sanctIOn Will be Imposed on you It this IIM'i IS required to be re~orted and the IAS
determines that It has not been reported. . . .. 'I tll I l"
8ELLER INSTRUCTION,lf this real estale wa5 your principal ra6lclence. tile forlTl2119, Sale or Exchange of Pl'lnolpal Residence, for any gall1, with your Income tax return, or 0 sr ransae Ions.
cOf11plel$ the applicable pQrts CJf form 4797. Form 6252 il.nd/or Schedule D (Form 1040),
You are re(]UlreC! by law 10 provide I, R. S, ,~ _ with your f.otrecltaxpilyer Identification number,
If d I 'de 1. R. S. wi'h your correct taxpayer identilicatlon number. you may bB subject to Civil or criminal penallles,
you 0 no pro VI. ___ ,
Under penalties of perjury, I certify that the number shown on this statement i& my correct taxpayer identification number.
'Jlt~1Vu/ 4t1.fl!t1/._-
Seller .
J UT-j 1 2 '8 1 1 1 : 1 8
,~. TAXES
213.
214.
215.
to
216,
~17,
218.
219.
220, TOTAL PAID BY/FOR BORROWER:
:100. CASH AT SETTLEM"ENT FROM/TO BORROWER:
301. Gross'amount due from borrower (line 120)
302 Less amouilts paid by Ifor borrower (line 22(J)
303 CASH [tXFROM) l[]OOJ:BORROWER:
~o-
35~ 204.50
-0-
354,204,50
350,000.00
501. EXCEH dtp')$it (see Ir'Slructions)
502 Seltlement charges to sellet lIit1~ 14001
503 E~isljn9 loan!;} taken subjsr.t. 10
504. Payoff of t"sl modgaoe loan
505 Payolf 01 sscond mortgage loan
506
507. H,!I~ING FEES/rROCEEDS
508.
509. .
AdjuslmentsTor items unpaict'by seller:
510. City /lown t~~es to
511. County taxes 10
512. Assessments to
20.00
513
514.
SHi.
516
517.
518,
519.
\0
520. TOTAL REDUCTION IN AMOUNT DUE SElLER::
600 CASH AT SETTLEMENT TO/FROM' SELLER:
601 Gross amount due to seller (line 42{})
602. Less total reductions in amount due seller (line 520)
20.00
6O~. CASH [~ TO] [~ELlER;
349,980,00
8134474663
PRGE,002
L. SEn~MENT CHARGES
700, TOTAL SALES/BROKER'S COIl1MISSlON Baaed Oil price $
'""iiivis~~ss!o~ I/In; 'OO} aslo~-~ --
701$ to
@
%=
I
PAID FROM
BORROWER'S
FUNDS
AT SETTHMENl'
PA(;E 2 OF OMB No 2502,~
PAID FROM
SUlER'S
FUNDS
AT liETTlEMENT
M/SLDI
~--
702.$
703 Commiseion paid at seUlement
to
NONE
"'---.-----._. ~..
704
aoo.ITEMS PAYABLE IN CONNECTION WITH lOAN.
^" --"'-"~'-'--""'-._- .
e~~~~~ O(jOln~lon lee
eOZ.loan ~~~t
603 Appraisal Fie
804 Credit RepOtt
805 Lender's inspection fee
806. Mortgaoe Insurance application fee
" ..,..",,--- -
807. Assumption Fee
808.
809.
810.
811
%
'It
to
to
to
llOo.ITEMS REQUIRED BY LENOER TO BE PAID IN ADVANCE,
901. Intetest from
902. Mortgage in~urance premium for
903. Ha~aro insurance prerllium lOr
904. yrs. to
005.
1000.RESERVESDEPOSITEO WITH LENDER
to
@$
Iday
mo. to
yrs. to
1001. Hazard Insurance
100'l Mo~tgage insuran:~
1003. City property lues
1004. County property ta~es
1005. Annual assessments (Maint)
1006
1007.
1008.
mO.@$ ptr mo.
MO @l i per mo.
rno ~ $ per mo.
mo.@$ per mo.
mo. @ ~ pel mo
mo.@$ per mo.
mo@$ per.mo.
n.O. ~ $ per mo.
1100 TITLE CHARGES:
1101sett~:ment o~:losing fes_~_.
1102. Abstract or title search
1103. fltli examination
1104. Title insurance binder
1105. Document preparation
1106. Notary fm
1107. Atlor~ey's lees to
(inclvdeS sQove items No..'
1108. Title insurance 1101
(includes above items No.:
1109. Lenctet'$ coverage
1110. Owner's covera~e
1111.
1112.
1113.
to
to STEWART TITI-E COMPANY OF J~LEARWATER.
10
to
to
to
10
'--S~-'
s
350 <.2Q0 . 00
to STE\.vART TITLE COMPANY OF
~
JUN 2 t-
2 100.00
1200. GOVERNMENT RECORlIlNG AND TRANSFER CHARGES
1201. ReCOroing less: Deed $ 19 . 50 Morluage $
1202. City /county tax/stamps: Oeeo $ MOrtoage s
1203. Slate tax/stamP$~ Deed $ 2, 100.00 Mortgage $
1204.
1205.
Aeleases S
1300 AlIDITlONAL SETTLEMENT CHARGES
1301. Survey
13OZ. Pesl inspection
to
to
POC
1303. CITY OF CLEARWATER (2 PARCELS) LIEN SEARCH
1304.
1305
1400 TOTAL SETTLEMENT CHARGES (enter9
10.00
CERTIFICA liON: I pave csrr.1ully reViewed the HUO,I Settlement State,nenl end to ths be~t 01 Illy knowledge end hOliel,l(le a IrVI and ~ccu'ate etetllmonl 01 all receipts and dlsbursemvrill made Dn my account Dr by m~ In thi.trenuctlon.1 fc:thorCe,1I1
'''''''''_,'~.'~'~:~'''~''''' ~ CSX. . Rr TION INC.
Borrowera ,i~8.e~~ , .-~.- SllIere . , R. V.P.
To tho bell of my nowl9 e IolUO etUen\tnl Slatem t whlcn Ilia e spared Is 8 true ~nd .ccuratc account ot the lunda which w.'~ r~celvf,~ ~n~ have been or will be dl.burai~ by the onderelgned B!I partohhe $ottlaffienl of this trarlStclion.
_ ~ JUNE 14, 19~L- .
S'llllro~nt A.lIont Date
ULLfn ~ND/Oft PUR A.SER'S liT A fEMENT S6l1erl end Pu",hatere sI9n.1ur. Mreon tCl(now1ndg.. hie/their approval of tax prorations and elgnlfies their understanding thai ploratlDnl Wert hased on ta~aelorth/l preceding ye.., Dr ulimall
fot' the cumnt year, end nth. Ivenl 01 any thaf1\l.lor the ourr,nt year, all neceuary adjuetmenls must be mad. betwean &aller and Purch..e'j IIkewi.. any defat"lln delinquent 18)(63 will b. rnhnbur,nd to TItle ~mr~n\,by tilt S.II....
Tille Company, In Ita capaolty a, Eterow A9Cnt. is and hn bl'" aul/lOrl2&d to deposit alllundslt rncniV8& In thll tranA8Cllon In any financlallnelllUllOn, Whether ~'fili.tad or nol. Such flnanol.llnGlitutlon may prOvld,'TltJe COlnp.ny comput,
""counting end eudlt mvlcn dlrnctly or\llrough a upe,ettentity ..hlch.lt affilioled with TltteCompany, ,""y char9flll. tlnaneJalln.t1tutlon reasonable and propel complln5ellOn lh."ilole end r.t,ln any prnfils therelrom. Any lecrOW fen paid by ar
party InvoMd in lnls tlansl-.,Ion shall onlY be lor chockwr1tJ"lI.nd inputto thO eomputers, but not lor ~fnrn$a1d eccounMo .lI(leudlt servloes, TitleComplny ,h~1I not be lI,bl. lor eny I",arllt or olhorcharVes on the oarnos1 mOney and shall be vMft"
alJly to InviSt or 'oln~utlvnU~ held by ~ at any tlmo. Sollors ,rid Purchaseri hereby Icknowltdoe Ind ~onse"t 10 the d&POSlt OHM IScrow monny In llnantlillnltltutlons WUh wbicn TrIto ~ompeny he. sln,ay nave otner banKing relatlonehlp~ andllJrth
cllnsent 10 tne men lion by Tlllo Oompany Indlor It. ."illllll of .ny Ind all blntllls (Including adv,,"liveoue Inleni! ratu OIIll11ns) Tille CompMY and/or Itl ."lIIlls. msr mt:alve from such fln,noislulitiMlone by reaion Of lhalr malnlenence of s.
"croW accounts, /-:I ~ " ~
Th. partlt, have r"d tho Ib~W'\.nc.~ . ~e ,:""uant,s ~, mat . e".IO sam.. and recogni~. TlUe COmp.ny is re~llIJl gn thu3.!t\L
PurcP.$erS/BOrrowfrs ~ ~v 6 ' c Wl;:~' . (LJ Sell61'S - sx TRANSPO
,.._~TIX'1'~R Tl\K'. f~~~ / {:.t-. /.'"
J U N 1 2 '9 1 1 1 : 20 . .... . -,. . ,.., .. u.. ..... .._a..'___ ....'.,.. ..... ..".,.tlno '''''' ;..;1'" :1>.. AI en\; or dell1iJ$ : t e IR: u.s. Code Section 1001 ..nd Section 1010.
c 8134474663 PAGE,003
American Land Title Association Commitment, 1966
r===--=c='=='"
I
= t - - - "=~~ . '~'.~. ==c='='==='=====~~='===1-====='===='========='='===='.===,~,=
'COM~~l"I\7IENT FOR TITLE INSURANCE
ISSUED BY 91050066
I
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STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof,
This Commitment shall be effective 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,
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature,
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY CUMPANY
wAawl$~
""....."""";,
.........~S!~"~~~~
,~,........ -.;
I i:.~tJ~..pa'4~ \
~...:" -*- ~:
\. t;.\ 19 08 /:;:1
~~.... .*. ..* I'
.... 7-........;. ~,.
EX~,.,I...
President
Company
City, State
RECEIVED
JUN 2 1 1991
CITY CLERK
Serial No. C. 9 912.7 6 2 416
005N Rev. 3/78
=='==11
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""",
ml's
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SCHEDULE A
Commitment No.
C-9912-762416
Effective Dat~mmitment:
~O, 1991 at
-ifv.u I~ I
Your No.:
91050066
CI~~ Of CL8AKWAT~K,
Prepared For:
MIKELL L. ST.GERMAIN
Inquiries Should be Directed to: St t T t I (' f (' 1 t
ewar i' e ,ompany o. '" earwa er
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
(a) d AL T A Owner's Policy
Amount
$
350,000.00
Proposed Insured:
CITY OF CLEARWATER, FLORIDA
(b) D AL TA Loan Policy
$
Proposed Insured:
2, The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
CSX TRANSPORTATION, INC., a Virginia corporation
IItcelVtD
JUN
2 1 1991
C1ry c(
Ell/(
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all in
MAGNOLIA PARK according to the Plat thereof, as recorded in
Plat Book 3, Page 43 of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS:
The East 15 feet of Lot 6 and the East 15 feet of Lot II, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all in
MAGNOLIA PARK SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 3, Page 43 of the Public Records of
PINELLAS County, Florida.
Page 2
of 4
STEWART TITJ~E
GUARANTY COMPANY
2552
I
SCHEDULE B
I
ORDER NO:
910::,0066
Commitment Number:
C-9912--762416
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
reco~, Valid photo identification (ie: Driver's License, Passport) and
social security numbers required of all parties to the
transaction by the Insuror.
Proof of good standing and corporate officers of CSX
TRANSPORTATION, INC., a Virginia corporation.
II.
Corporate Resolution from CSX TRANSPORTATION, INC., a Virginia
Continued on next page
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.
n y
(b) Easements, or claims of easements, not shown by the pUblic records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
en r right to a lien, for services la own by
to t
t
3. Special Exceptions:
(a) Taxes.
Subject to Taxes for the year 1991 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/54450/007/0070
Gross Tax for the year 1990, $0.00 (as to Lots 7, 8, 9 AND 10,
Block 7)
Subject to Taxes for the year 1991 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/54450/012/0080
Gross Tax for the year 1990, $0.00 (as to Lot 8, Block 12)
2153
Page XIDOOOOC 3 of 4
~
S'I'E'VA_U.T TITLE
GUARANTY COMPASY
I
I
CONTINUATION SHEET
Order Number:
SCHEDULE _
B
Commitment Number:
91050066
C-9912-762416
SCHEDULE B - PART I CONTINUED
corporation approving the sale of subject property.
e Summary Final Judgment
in above mentioned Case
556 of the Public
Review by Insurors Legal Counsel
Reforming Deeds and Determining
No. as recorded in O.R. Book
Records of Pinellas Count Fl
Quit Claim Deed to be executed from CSX TRANSPORTATION, INC., a
Virginia corporation to CITY OF CLEARWATER, FLORIDA.
Page_ ~ 4 of 4
STEWART TITLE
0055
GUARANTY COMPANY
-...... - ~ .... ~ - ---
- -- - -- - - -~
I
I
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE'\VART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O, Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment.
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This instrument prepared by
or under the direction of:
'YV~L B~
William C. Basney I
Senior Counsel
Attorney for Grantor
Business Address:
500 Water Street
Jacksonville, Florida 32202
RECEIVED
JUN 2 1 1Q91
CITY CLERK
12103-019-999-MAS
PS\210187A.KCP
THIS QUITCLAIM DEED, made this LJ~ day of ~ ' 19rO,
between CSX TRANSPORTATION, INC" a Virginia corporatio , whose mailing
address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called
"Grantor", and CITY OF CLEARWATER, FLORIDA, whose mailing address is
P.O. Box 4748, 112 South Osceola Street, Clearwater, Florida 34618, and whose
Tax Identification Number(s) is/are -----5.9-~OOO?89 hereinafter
called "Grantee", and CHEMICAL BANK, Trustee as hereinafter provided,
WITNESSETH:
(Wherever used herein, the terms "Grantor" and
"Grantee" may be construed in the singular or
plural as the context may require or admit, and for
purposes of exceptions, reservations and/or
covenants, shall include the heirs, legal
representatives and assigns of individuals or the
successors and assigns of corporations,)
THAT Grantor, for and in consideration of the sum of THREE HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($350,000.00), to it in hand paid by Grantee, the
receipt of which is hereby acknowledged, does hereby RELEASE, REMISE and
forever QUITCLAIM unto Grantee, its successors and assigns, all :cight, title
and interest in and to those two (2) certain tracts or parcels of land
situate, lying and being at Clearwater, County of 1~~eJ)1i~!. ~4 tll I. ida,
and having Tax Parcel Identification Numbers of --i).i~m- ,
hereinafter designated "the Premises," more particularly 'escribed in
Exhibit A, attached hereto and incorporated herein, and together containing
38,475 square feet, more or less.
TO HAVE AND TO HOLD the Premises, and all the estate, right, title,
lien, interest and claim whatsoever of Grantor therein, either in law or
equity, and all improvements thereon and appurtenances thereto, unto the
proper use, benefit and enjoyment of Grantee, Grantee's heirs and assigns or
successors and assigns, forever.
AND THIS DEED FURTHER WITNESSETH that Chemical Bank, a New York
corporation, Corporate Trustee under the former Seaboard Coast Line Railroad
Company's Consolidated Mortgage dated March 15, 1971, as supplemented, has
executed this deed for the sole purpose of releasing and does hereby release
all estate, right, title, lien and interest of the Trustee under said
Mortgage, in and to the property herein conveyed, or in and to the estate,
I
I
- 2 -
right, title and interest herein quitclaimed, pursuant to the prOV1.S1.ons of
Section 5.02 of Article Five of said Mortgage; Individual Trustee, L. F.
Sadler of Jacksonville, Florida, being relieved of any obligation to join in
such release by Section 10.06 of Article Ten of said Mortgage. This release
is subject to any and all the same rights, reservations, exceptions,
limitations and agreements herein specified on behalf of the Grantor, and is
without covenant or warranty, express or implied, and without recourse
against said Trustee in any event, and recitals of fact herein are to be
taken only as recitals of Grantor and Grantee and not of Trustee.
RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS
ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS
TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED
FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA.
ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM
YOUR COUNTY PUBLIC HEALTH UNIT.
IN WITNESS WHEREOF, CSX TRANSPORTATION, INC. and CHEHICAL BANK (as the
aforesaid Trustee), pursuant to due corporate authority, have caused their
names to be signed hereto by their officers hereunto duly authorized and
their corporate seals, duly attested, to be hereunto affixed.
Signed, sealed and delivered
in the presence of:
CSX TRANSPORTATION, INC.:
c?durl- ~
/tL\J/~
BL
J. ie er, r. VP
CS R 1 Propetty, Inc., YJ:l'de:i'Jhe .
Au ari tyaf . :priqpertyn~~g~~n.1i, A~reemen t
and Limited Power of Attntn-~y.; dated' as of
. /'... ,\', .
Marc
Attest
Signed, sealed and delivered
in the presence of:
~f~ /
I~
CHEMICAL BANK, as Corporate
Trustee as aforesaid:
BY~~
AttestJi~ 1Yd;trL/
rAssistant Trust ~ .
i,:
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STATE OF FLORIDA )
) SS.
COUNTY OF DUVAL )
~ob~l'jJ![t'!J ID1ealt~on bl h
I, , a Notary Pu ic of teState
of Florida and the County of Duval, do certify that, on the date below,
before me in said County personally came J. L. Kiesler, to me known, and
known to me to be the person whose name is subscribed to the above
instrument, who, being by me first duly sworn, did depose, acknowledge and
say that: he resides in Jacksonville, Duval County, Florida; he is Senior
Vice President, CSX Real Property, Inc. on behalfof CSX Transportation, Inc.,
the corporation described in and which executed said instrument; he is fully
informed of the contents of the instrument; he knows the seal of said
corporation; the seal affixed to said instrument is such seal; it was so
affixed by authority of the Board of Directors of said corporation; he signed
his name thereto for said corporation pursuant to such authority; and
instrument is the free act and deed of said corporation; and the conveyance
herein is not part of a transaction, sale, lease, exchange or other transfer
or conveyance of all or substantially all of the property and/or assets of
the Grantor.
My commission expires on:
IN WITNESS WHEREOF, I hereunto set my hand and official seal, this
I C. k day of ~/ 19 __?o -- . J"
Ci2~w ~ i'={~EAL)
Notary Public
., ,
L' .I
NOTARY PUBLIC, ST/\TE OF FLORIDA
My commission expires. Dec. 7, 1993
Bonded thru Patterson - Becht Agency
" C
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STATE OF NEW YORK )
) SS,
COUNTY OF NEW YORK )
I, t<;)U/; ~l>1)1 , a Notary Public of said
Count~ and Stl;ln~' duly authorized to take acknowledgements, do certify that
on llJJ[ I. " I~~U . ' before me in said CouRtty and State personally
came R. LORENZEN and _~. VAYrt _
to me known, and known to me to be the pers~s whose na~re subscribed to
the above instrument, bearing date on the ~_ day of ,:;/Ul'j , 19i.J,
who, being by me first duly sworn, did severally depose, acknowled~e and say
that: They are~WMO'R 'mTJST OFFlOEIR and' Assistant Trust Officerj ,
respectively, of Chemical Bank, a corporation under the laws of the State of
New York, and Corporate Trustee under the Consolidated Mortgage made by the
former Seaboard Coast Line Railroad Company, dated March 15, 1971, as
supplemented and modified; they, being informed of the contents of the
instrument, signed their names thereto with full authority to act for said
corporation; the seal of the corporation was affixed to the instrument, and
the instrument delivered, by said __R. LORENZEN ,
SENIOR TRUST OFFIOER as aforesaid, by like authority; and said
instrument is the free act and deed of said corporation.
the day
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expires on:
lOUlS8OOl
Hotly PIdlIic, StaIB 01 New York
No. 43-4918901
~lifled in RlchmonS COIItY
CertiflClllB filed In New York CoIJ1Iy
Canmis5ltll Expires February 8,1992
Notary PubHc
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EXIllBIT A
Description of property at: Clearwater, Florida
To: City of Clearwater, Florida
CSXT Deed File No.: 12103-019-999-MAS
All that certain land situate in Section 16, Township 29 South, Range 15
East, Pinellas County, Florida, more fully described as follows:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7, 8, 9 and 10, Block 7; and Lot 8, Block 12, all in
MAGNOLIA PARK according to the Plat thereof, as recorded in
Plat Book 3, Page 43 of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and
all of Lots 7,8,9 and 10, Block 7; and Lot 8, Block 12, al1uJ
MAGNOLIA PARK SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 3, Page 43 of the Public Records of
PINELLAS County, Florida.
Being all or part of the same property acquired by Grantor, or its
predecessor, by the following deeds recorded among the Public Land
Records of Pinellas County, Florida:
Parcel Acquired Date of
No. From Instrument Book Page
A Sarah E. Allen 01-07-1914 84 424
B Clarence Hobart 09-27-1924 220 110
A & B Seaboard Tampa Investment Company 06-24-1985 6023 1259
A Heirs of Sarah E. Allen By Final Order Entered on
08-09-1988 in Court Case
No. 86-16816-16
Parcel No. A and Parcel No. B as shown above being as follows:
Parcel A is used to describe East 15 feet of Lot 6 and the East 15 feet of
Lot 11, and all of Lots 7, 8, 9 and 10, Block 7, MAGNOLIA PARK
Parcel B is used to describe Lot 8, Block 12, MAGNOLIA PARK
Item to Large tOl:Opy original
**Please see file**
Section 15-29-15 CSX Transportation Inc. Lots 7 inclusive and East 15' of Lots 6 & 11, Block 7
together with Lot 8, Block 12, Magnolia Park Subdivision.
..
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RECEIVED
JUN 2 1 1991
CfTY C~ ~!'.~
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,"'"ndll}' 01 1."0111111"/
RONALD(RONIE,SOMERS
President
srl'EW AIIT rl'rrI~]~
OF CLEARWATER
1290 Court Street
Clearwater, Florida 34616
DATED
Jlll1e 14, 1991
P.O. 80x 2756
Clearwater, Florida 34617
(813) 441,2689
INDEMNIFICATION
RELEASE AND ACKNOWLEDGEMENT
CITY OF CLEARWATER, FLORIDA
hereinafter referred to as
Acknowledgement to STEWART
GUARANTY and nla
TITLE COMPANY OF CLEARWATER, INC. to insure
following real property to wit:
The East 15 feet of Lot 6 and the East 15 feet of Lot 11, and all of
Lots 7, 8, 9 and 10, Block 7, and Lot 8, Block, MAGNOLIA PARK SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 3, Page 43 of the
Public Records of Pinellas COlll1ty, Florida.
PurchaserCs) makes this Indemnification, Release and
TITLE COMPANY OF CLEARWATER, INC., STEWART TITLE
, in order to induce STEWART
and close the transaction on the
PurchaserCs) hereby acknowledges the following to be true and correct:
BRICK BUILDING appears to encroach into the right-of-way and outside the
insured property described above, along the easterly bOlll1dary.
If said encroachment is ever required to be moved or removed and further that
the moving or removal of same will be done promptly upon request and completely
at the expense of the undersigned, andfurtberagrees to release, absolve, in-
demnify and hold STEWART TITLE COMPANY OF CLEARWATER, INC., STEWART TITLE
GUARANTY and nla harmless from any
liability whatsover as to the matters and things hereinabove set forth. That
this Indemnification, Release, and Acknowledgement was executed by the under-
signed in connection with and prior to transfer of title to the above described
property.
NOTICE:
By reason of the above described encroachment, the undersigned proposed insured
acknowledges that the the preprinted Schedule B policy survey exception will
not be deleted from the policy.
)::1Udt //~~~
WI . ESS
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W:fTNESS
PURCHASERS
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Sworn,.;~.t):(~ii~:s:Y~:~,:ribed before me this
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14th day of
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MEMORANDUM OF POWER OF ATTORNEY (CERTIFICATE OF AUTHORITY)
This Memorandum, dated as of January 2, 1991, by and on behalf of CSX
Transportation, Inc. ("CSXT"), a Virginia corporation, having a principal place
of business at 500 Water Street, Jacksonville, Florida 32202, WITNESSETH that:
Under authority of Resolution of its Board of Directors, CSXT has
CONFERRED and GRANTED as of March 1, 1990, and by these presents does hereby
CONFIRM unto CSX Real Property, Inc. ("CSXRPI"), a Virginia corporation, having
a principal place of business at 6737 Southpoint Drive South, Jacksonville,
Florida 32216, the full and exclusive RIGHT, POWER, and AUTHORITY to execute
Deeds, Easements, Grants and other conveyances of real property or interests in
real property, in the name of and on behalf of CSXT, in accordance with that
certain Property Management Agreement and Limited Power of Attorney between CSXT
and CSXRPI, dated as of March 1, 1990; and
The following officers of CSXRPI are hereby authorized to execute such
Deeds, Conveyances, Grants, etc. for and on behalf of CSXT, upon the issuance of
other proper resolutions and authorities: President Paul D. Sandler, Senior
Vice President James L. Kiesler, Vice President E. Clark Adams, Jr., Vice
President W. Stephen Johnson, Jr., Assistant Vice President William p, Coffing,
Jr., Assistant Vice President Richard M. Hood, Assistant Vice President Richard
C. Sibley, Assistant Vice President Mary Ann Scheler; and
This authority shall last and continue until amended or revoked in a
writing executed by CSXT and recorded as this Memorandum, and shall be effective
to convey Title, Right(s) or Interest(s) in land(s) within the states of
Alabama, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana,
Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina,
Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia, and the
District of Columbia, in and for the counties listed on Schedule A attached
hereto.
Witness the execution of this Memorandum (Certificate of Authority) by
CSXT, by its Senior Vice President - Administration, and its seal hereunto
affixed and attested by its Corporate Secretary, under authority of Resolution
of its Board of Directors, this tz. ( day of ~ ' 1991,
Witness(es)
CSX TRANSPORTATION, INC.
By: /d4k/c7~/~~
'Senior Vice President - Administration
Attest:
?, ai, LOtlta/)u (SEAL)
s ~stant Corporate Secretary
BECEIVED
JUN 2 1 1991
CITY CLERK
/;2;,~
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2
STATE OF FLORIDA
)
) SS.
)
~ . M\.U ~'- \~\
COUNTY OF DUVAL
day
IN WITNESS WHEREOF,
of ~
I hereunto set my hand and official seal, this ~
, 19.:l.L.
~c,. ~_-<SEhL)
Notary Public
My commission expires on:
NOTI\IlY PUBLIC, STI\Tt OF FLORIDA
My CommIssIon Expires May 27. 1991
Bonded by Western Surety Ins. Co..
Document prepared by or
under the supervision of:
elw (: .!!~
Richard C, Keene )
Senior Counsel for CSX Transportation, Inc.
Florida Bar No. 793957
Law Department (J-150)
500 Water Street
Jackso~ville, Florida 32202
"'~:,,"'
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CSX TRANSPORTATION, INC.
CER TIFICA TE RE EXECUTION OF DOCUMENTS
WITH RESPECT TO TRANSACTIONS
INVOLVING REAL PROPERTY OR RIGHTS THEREIN
- - - - - - - - - - - - - - - - - - - - - - - - - -
I, PATRICIA J. AFTOORA, Vice-President and Corporate Secretary
of CSX TRANSPORT A TION , INC., do hereby certify that the attached ex-
cerpt marked Exhibit "A" from the minutes of the meeting of the Board of
Directors of this corporation as of May 1, 1990, governing instructions with
respect to transactions involving real property or rights therein to be true
and correct and in force as of this date.
I do hereby further certify that J. L. Kiesler is the Senior
Vice-President of CSX Real Property, Inc" and in this capacity is duly
authorized to execute deeds, leases, options and other documents involving
real property or rights therein in accordance with the power of attorney
granted CSX Real Property, Inc., under that certain Property Management
Agreement and Limited Power of Attorney dated March 1, 1990, by and
between CSX Transportation, Inc., and CSX Real Property, Inc. all as set
forth in the resolutions referred to above.
~~~
Vice-Pre' ent\Mld'." C
Corporate ec::;tet":ry of . .
CSX TRANSPOR ':rATION ,INC.
,."-" '
Baltimore, MD
Dated: 4f7-/;/trl
,( \- ,-,
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TRAT\TSPORT A TION INC. 1 1990
C5 ~ P . as of Ma
, . thoU t rneetln
act\On W\
f.xc~1
TIES TO CSX R~J.t
DELE.GA.TION OF AUT~~R~OR THIS GORPORA'TlqN
PROPER}1,)~c_.,_~S_A_G; - - - - - - - - - - - -.
- - -
WHEREAS the proper officers of this corporation have entered
into a Propert~ Management Agreement and Limited power of Attor-
ney with CSX Real Property. Inc. under date of March 1, 1990 (the
"Agreement") .
WHEREAS, Section 2.8 of said Agreement provides that this
corporation grant to CSX Real Property, Inc., its officers and
assigns, certain authority limits with respect to the performance of
its real property management services, including the execution of
documents on behalf of this corporation in connection with said ser-
vices.
Now, therefore, be it
RESOLVED, that effective March 1, 1990, the following in-
structions will apply to the acquisition, disposition or encumbrance
of property or rights therein performed by CSX Real Property,
Inc. as agent for this corporation under the terms of the Agreement
hereinabove referred to and the execution and custody of deeds,
leases and contracts to which this corporation may be a party in
connection with said services:
(1) The President of CSX Real Property, Inc. ("RPI") may
approve the following:
(a) Sales, acquisitions, exchanges, donations, or
disposition of real property, or options there-
for, whenever the consideration does not exceed
$1 million; and
(b) Leases of real property by or to the corporation
whenever (i) the annual rental does not exceed
$150,000 or (ii) the term of the lease, including
renewals not subject to renegotiation, does not
exceed ten (10) years.
1\ECEIVED
JUN 2 1 \991
(2) The President of RPI may designate in writing the au-
thorities granted to him herein, to any officer, employee,
or agent of CSX Real Property, Inc., with all such let-
ters of designation to be filed with the Vice-President and
Corporate Secretary of this corporation.
"._..~ "'. eDit
(3) Unless prepared without deviation on standard forms pre-
viously approved by the legal department of this cor-
poration, all deeds, leases, contracts and other documents
tn which this corporation may be a party shall be sub-
STATE OF FLORIDA
COUNTY OF DUVAL
,
MECHANICS' LIEN AFFIDAV[I
,
Personally appeared before me, the undersigned authority dUly authorized to
administer oaths and take aCknowledgements in the State of Florida, J. l.
KIESLER, being by me first duly sworn, deposes and says:
I. That he is Senior Vice President of CSX Real Property, Inc.,
authorized to sign on behalf of CSX TRANSPORTATION, INC. ("CSXT") by virtue of
Authority of Property Hanagement Agreement and limited Power of Attorney dated as
of Harch I, 1990; and that he is responsible for the care, custody and control of
land and land sales of CSXT.
)
) SS.
)
2. That CSXT is qUitclaiming its interest in property ("the Premises")
located in Clearwater, Pinellas County, Florida, and more particularly described
in Exhibit A of that certain deed dated July 16, 1990 between CSXT and CITY OF
CLEARWATER, FLORIDA ("Purchaser").
3. That to the best of his knowledge no person, firm or corporation
adversely claims the Premises.
4. That any and all work, labor, materials and supplies which have been
Used, applied or furnished upon the Premises at any time prior to this date have
been fully paid for and discharged, and that there is no Possible lien which may
be filed against the Premises for work, labor or materials furnished thereon by
anyone.
5. That the cost of any improvements and repairs to and upon the
Premises has been paid in full by CSXT unto all persons, firms and corporations
whatsoever.
6. That this Affidavit is made for the purpose of inducing Purchaser to
purchase the Premises and that, replYing upon this Affidavit, Purchaser has
agreed to pay the SUm of $350,000.00 for the Premises.
FURTHER AFFIANT SAYETH NOT.
RECEIVED
JUN 2 1 1991
CITY CLERK
CSX TRANSPORTATION? INC.
By:
. iesler, Senior Vice President
Real Property, Inc.
nder the Authority of Property
Management Agreement and
Limited Power of Attorney dated
as of March 1, 1990
1991.
SUBSCRIBEO ANO SWORN TO before me this~h~ day of
My commission expires on:
NOTARY PUBLIC, STATE OF FI_Oi:/D'\
My commission expires (.1.'7. :) i,)
Bonded thru Patterson - fJ'~clit I~B;;'.>/
/A~
~AAA-g~-<1#f~lJ
'- . Not-'; ubl ic
,
J
Date:
~7 .z ~ j.~9/
CERTIFICATION OF NON-FOREIGN STATUS
"Section 144' of the Internal Revenue Code (Title 26, U.S. Code)
provices that a transferee of a U. S. real property interest, as defined in
Section 897(c) of said Code, must deduct and Withhold tax upon the aale price
if the transferor is a foreign person.
To inform the transferee that deduction and Witholding of tax is not
required uPon the dispOsition by CSX TranspOrtation, Inc. of any U. S. real
Property interest, the underaigned hereby certifies the following on behalf
of CSX Transportation, Inc.:
1. CSX Transportation, Inc. is a domestic corporation of
the State of Virginia.
2. CSX Transportation, Inc. is not a foreign person
(corpOration, partnership, trust or estate, as those
terms are defined In the Internal Revenue Code).
3. CSX TransPOrtation, Inc.'s office address is
500 Water Street, JacksonvIlle, FL 32202.
4. CSX TranspOrtation, Inc, 's U. S. employer
identification number is 54-6000720.
.. CSX TransPOrtation, Inc., a U. S. domestic corpora.
tion, is not and has not been a U. S. real property
holding COmpany, as defined in Section 897(c) (2)
of said Code,
This certification may be disclosed to the Internal Revenue Service by
transferee, transferee's title insurer, Settlement officer, or any escrOW
agent.
Under penalties of perjury, I declare that: I have examined this
Certification and to the best of my knowledge and belief, it is true, correct
and complete; and I further declare that I have authority to sign this
document on behalf of CSX Transportation, Inc.
Witness:
ct?~ z;L.{;~ /,~
d. // ~ '
L ~~~ '/~
Signature
RECEIVED
JUN 2 1 1991
CITY CLERK
Ti tIe
Senior Vice. Pro31dent
JIM JITH P APPR
FAX 1813462344e_
I
PAGE 02
, .',
" " .
. ....
'..... I' ., .
. .....
.
RBQOBS7 POR 7AX CORP07A7IOR OR 7RAHPAC7IOR BARD~BD BY
CLoszIIC AGIlR7, Cn:WAer nTLE - /'?d::E.Z.t 6TQCU!/'?/J/N'
PURCRARRS BY . (! <70tCJF t?/ P9~/;.T~
1"0. JllDY SIIBL1"OR. PROPBM'r APPRAISBR'S OPPlCE
Pl..a... .furnhh. 'his offic.... as OOOb as P088ib1e wHh 'h..
pro-r.'ed 'ax aaoun, for d.pooi, wi'h 'h.. 7ax.Col1"C'or in
connection wi~ the following acquisitioQ by' the
- '- .4.1l)( (?F (!L~.-9E?W;97EL?J _
GIlANToR' ~~IJ:.v (lnqs,r L/~;'e ~"
GRAlfTEE:_ t?/ r;y OF" t1b;:/;,.e Wh/ ;.e
LEGAL DESCSRIPTION:
-
DaY8 in year
l1'actor
'Gay..e priV'ate
. ownership
s_
Gross Tax due
/lit. aF:
PARCEL NUMBER
E"-~9.~ ...?v//StJ C1O? tJtI?O
ASsessed value on property taken
B.....d on ceCord1ng da'. Of_. 0Zl.11d: //,1 /99i
~
ASsessment:
..-0-
-
Pro-rated ASsessment
IUllage Rate
$~
Amount placed in Escrow
-cJ_
RECEIVED
JUN 2 1 199'
CITY CLERIC
~~~~
JIM 1m P APPR
FAX 18134623448_
I
PAGE 03
""
',0111,.,: -0..
.
RRaDSST POR TAX COKPDTATIO& 0& TRABSACTIOS RANDLBD BY
CI.OsxaG AGEtn.': oSTc.-WA.er 7/;:LS" - H/i:i-~~ ~T (;;:c~/9A/
PUSCtJA8R8 BY 0/7;/ (') r' c:?.(~ w."If( )'2:"'te
,
1'0: JUDY SBELltOtl, PROPBRft APPaAISBR'S OFFICE
Please fU"'1sh- this office, as GOon as pon1ble with the
~ro-rated tax amount for deposit with the Tax ,COllector in
connection wi~h the rOllowing acquisition by'the
'- 4<7/ o.r {?/~;QRW~~.e
GRllN'lOa. -::::::M4ZJ, q,{i"'T 4Ne;p~ '(7"
GIUlJrrS'h. tJ/7- CI F e'1 MPW<9 77'c_
LEGAL DESCSRIP'rlOtl: PARCEL NUMBER
/9Lt. of,' J!5.'.:19-/,5 .'i-P'#'.&J dIAl MJf:J
Days in Year
-
Factor
Day.s private
- ownership
Based on recOrding date ot
\Jii..vE /4 /99/
.
Assessed value on property taken
- .0_
Assessment
Pro-rated Assessment
Hillage Rate
S
Gross Tax due-:-
$
~ount placed. in Escrow
- .0'-
BECEIVED
JUN 2 1 1991
Cn'y CLERIC
~~~~
.,
~-
,
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~ ~
MAY 3121 'SI 15:45
FROM REAL PROPERTY
PAGE. 1211211
C. / L"zl.(
....
~ l'Ax TRAN8MIS810N
TO: . ~I ~. 11 ;h G-<< ~ ~
COMP~ -=<->~ -rt~
PHONE I:
FROM: Y)\... c:\ . ~c.-ltt.. ( e,,(
PHONE' :
CSXT Form 4653.Sheet 1
June 1989
RE-12103.RM
. : '{
I
I PAGES: 11)-
VERIFYiWN)
'J
--
I'fr
nus AGREEMENT, made and entered into this AL:...... day of J.,.ML/
1990, by and between CSX tRANSPORTATION. INC., a Virginia co~oratlon,
hereinafter called .Seller", and CITY OF CLEARYATER, FLoRIDA. hereinafur
called "auyer."
(Wherever used herein the term "Buyer" shall be
construed in the singular or plural as the coutext
may require'or admit and shall include the heir5,
legal representatives and assigns of individuals or
other entities or the ~Uccessors and assigns of any
corporations.)
:\I1TNESS~TH: That, for and in considerati.on of the premises, and subject
to terms and conditions hereinafter set forth, Buyer hereby offers to purchase
from.Seller and Seller agrees to sell to Buyer the property desctlbed In
Exhibit. -A" .attached hereto end made a part hereof, which land 1s located at
Clearwater, County of Pinellas, State of Florida, hereinafter called "the
Premise.."
The terms and conditions of this sale and purchase are as follows:
1. . PJUCE:
. 1.1 The agreed Total Purchase Price for said Premises is 1'HRBE ~RED
FIFTY THOUSAND AND NO/lOO u. s. DOLLARS ($350,000.00).
-L2 If I!k~ S~"$i a~ea sf' 1!Ile. Pn.bu is .SE".!I t:hall f:I:T{. l'e~e6r.~ (!;%) ~
~_....I!!ll'" .....""-e~-C-.R. are. er dig pJt'ealees iRtlica1!es ell Bdiibit MA-, d.~ !vLu.l
...! ~'-'ho.. .- ",all ~. .............U" "'...u.. (..-.. "I' .. ~ ;;;.;;;... . ~
~~~:~~ ~~~~~~S? llaed liIft ~. wifi'er8ft99 8etwe~n tl!e 8IfPW\..,.ell-lt~rel!l.~e-l!tl'ld.
..~.a~A 8~{&il.&11y iftileates.
2. DEPOSIT:
. . ~~J;i;~:;"~.~:.:,=.:-:::;:,:: ~~~,,=~~~~
;~~~ .; ""~~!='al ........ ..... oIo.U.. pol. ,. ..~~ ~~~;::.k ~ ~
esat\, er &, ~l!ytifie.1I ~l!' u.aLiu'!. elu.dl, ey 8' et:hu~ li:: ~ ..
-fl{.eep~&h16 ~8 B!11~r.
. . 2.2 . TIle Ifthlal 118fluh ".811 8e Bf,alli AS ,~t ef Tetlal PltuRaae pri.. . k1tl j .
~~ ~~ ~~~ ~! ~et!I;1e.eft~. IRiHd h'PlIsh Hall lie flllnd.~:~ '~~;~:1\i; in....~
~'L._ ~11l' .. ,---' Oifn 11 11;1;' filU'~~qll "y f"ll.r 'Ill" nFt>R..... II . (/'
'~8.i~a ~'i..~l.R8 i.l, ,.~ I_A J~.~ ~-~~ . . ,
i . .~."3 IE B...J'.... E'b:iL. c~ -A~. fJ.:.u.l__l>..t i'Il aecu&.04l lint. ..~.~ l_:._ I\Jll J
l~~A~:t'It~~~\;g;:~; -~~. -~.~;~:~, :~:l~:,~~~:~d l:.:~:~:i::) ~~t~:~.~~~~~:; -<J;!~J
""'. eo h. -.. ....... ...y ...... '00'" .0 ......... ....;;;;;..;:::: :;-.";; i=.:r ~
06/01/89
'. ".. . .:- ....
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1:2 ~ () 1-( - () 1-()),
MAY 3121 '91 15:46
.~.,
"
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FROM REAL PROPERTY
" '
PAGE. 1211212
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CSIT For. 4653.Sheet 2
Jun. 1989
::::~::~: :::~~:~.-:::: ~~.~;'-=_ -::~~~ ...'..0 .f 01." Off_. v. .(}IJ
, . OFFEll, ACCEPTANCE:
3.1 UNTIL EXECUTED BY SEu..ER'S VICE PRESIDENT-PROPERTY SERVICES, asx RAIL
TRANSPOR.T, THIS AGREEMEN'l' SHALL BE A FIRK OFFER. BY B11YER. ro PURCHASE SAID
l'RBKISES . THE OFFER. llILL BE SUBKITTED FOR SELLER'S CORPORAtt KANAGEMEN"l'
APPROVAL PROCESS BEFORE SELLER'S EXECUTION. THIS PURCHASE-SALE AGREEMENT Is
EXPRESSLY CONTINGENT UPON SUCH CORPORATE APPROVAL(S). FAILURE OF SELLER'S
MANAGEMENT TO APPROVE THE OFFER lnTHIN ONE HUNDRED 1"WENTY (120) DAYS OF
SELLER'S SUBMISSION SHAU. RENDER THIS AGREEMENT NULL AND VOID, AND THE INITIAL
DEPOSIT SHALL BE RETURNED TO BUYER.
1+.' OORDITIOlIS;
. '.
4~l This Purchase-Sale Agreelllent is also contingent upon the f~11ow1ng
events, if. any:
If. . Satisfactory results. to the Buyer. of environmental tests
nducted .t.the site by the Buyer.
. 4.2 In the. event the conditioJUJ in Section 4.1 have not been'. met ,
satisfied or obtained within thirty (30) days after the date of Seller's
. acceptance of this Offer, Buyer may terminate this Agreement by written notice
to Seller, . in which event this AgreeDIent shall be null and void, the Initial
Deposit shall be returned to Buyer, and neither Seller nor Buyer shall have any
furt~r r.ights or obligations hereunder. If Sell~r has not received written
notice, from Buyer to terminate this Agre8:lllent prior to th~ erxplration of such
thirty (30)" day period, the oonditions ~et forth in Section 4.l shall 'be deemed
waived by Buyer, this Agreement shall remain in full force and effect, and
Seller and .Buyer shall proceed to che Closing.
S. . DEED:
5.1 As early as practicable after date of acceptance ofthi. Agreement.
Seller will prepare and submit to Buyer, for Buyer's approval, ~ form of.deed
to con:vey the Premises to Buyer. Bu.yer shall have a period of ten (10)
calendar day~ after receipt of said deed to examine same and notify Seller of
approval. Upon approval, or after said ten (10) days, Seller shall prepare
deed in fom submitted.
5..2 At tillle of approval of Deed, Buyer shall designate the noe(s) of
Grant~e(5) in deed and any form of eo-tenancy. (If designated Grant~e is $
corporation, designation must include date $nd state of inoorporation; if a
partnership, designation shall include state and date of oreationt whether
'general or limited partnership, and names of all general partners; . if
,ov8rnmental B.2ency, state the correct: s'Catutory designation; if individua.l
grante8'(.s), designation must state <my form of eo-tenancy: joint with rights
of survi~ra~p, common or entirety.)
.5.3- eo.tVeyance shall be by Quitcla1Dl Deed; but shall be subject to: the
usual exceptions contained in title insurance binders; all existing roads and
06/01/89
MAY 3121 '91 15: 47
FROM REAL PROPERTY'
PAGE. 1211213
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csxr Form 4653-Sheet 3
June 1989
public utilities; reservations, exceptions, easements and restrictions of
record; any applicable zoning ordinance. and sUbdiv1a10n regulatlo~ and laws:
taxes 'and assessments, both general and special, which become due and p.ayab1e .
after the date of oonveyance and which Buyer AStlWlles and tlgrees to pay: all
existing encroachments, ways and servitudes, howsoever created',' deteOllinable by
a proper survey Dr by an inspection of Premises.
5,4 Release(s) of Seller's mortgage(s), if any, shall be: included in
deed; or by separate instrument at or after Closing.
6. TITtE SEARCH, INSURANCE:
. 6.1 It shall be the option of Buyer to arrange and pay for any
examinatibn of title to the Fremises as Buyer may desire. Failure to ~btain
suc~ examination, or failure to report to Seller any objections as hereinafter
required, constitutes a wa.1ver by Buyer of any and all title defects.. affecting
Buyer~s obligation to purchase and Seller's liabilities as Selle~. This
provision shall also survive Settlement.
6.2 . 'If co~ance is by- Warranty Deed, any substantial defects in title
(other than mortgages to be released or items hereinabove ~cifically set
fQrthj which render title unmarketable (and not merely insurable 'at a higher
rated premium), must be reported to Seller in writing within thirty (30) days
foll~ing Seller's acceptance of Offer. Within ten (10) days of receipt -of
B~er's written objections, Seller shall advise Buyer in writing whether Seller
is willing or able to remove Buyer's objections, in wh!ch event, ,date of
Settlement may be postponed for a reasonable period of time to accomplish
removal. If Seller is unwilling or unable to remedy Buyer's reported'
objections, Seller shall so advise Buyer in writing within said ten' (10) day
period, and Buyer may elect to (8) accept such title as Seller is willing to
give,' 'with such defects without reduction in purchase prIce, or. (b) to
terminate ~is Agreement by giving written notice to Seller within fifteen (15)
days after receipt of Seller's advice. Upon such termination, the parties
.hereto shall be released from any and all duties and obligations hereunder,
including the dutY to close and any liability' for breach of any of. the
provisions hereunder. If Buyer does not give such termination notice, or
elects ,to take title with defects or exceptions, this transaotion shall be
comple~ed as herein provided, and such defect or exception shall be 'additional
,excep~ion(s) from any deed warranty.
6',3' If conve:xance is provided by this Offer to be by Ouitclaim Deed,
Buyer.agrees to accept conveyance from Seller, regardless of results of any
title search.
6.4 Any title insuranoe shall be provided by and at the sole .expense of
Buyer.
06/01/89
~1AY 30 '9115:48
FROM RERL PROPERTY
PRGE.004
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1
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,
CSXT Form 46S3-Sheet 4
June 1989
7. SELLD! S TITLE OJUCDI:
1~1 Seller's immediate title source(s) is/are as follows:
INSTRUMENT IPART':/. DATE
RECORDATION DATA
OR Book 84, Page 424
OR Book 220, Page llO
Parcel A: Easement/Sarah E. Allen 1/1/1914
Parcel B: llarrant.e Deed/Clarence
Hobart 9/27/1924
Parcel A&B: Varrantee Deed/Seaboard
Tampa Investment Co. 6/24/1985
Parcel A:. Quiet title/Heirs of
Sarah E. Allen 8/9/1988
OR Book 6023, Page 1259
Court Case No. 86-16816-16
8 . SUl.VEt I
8.1. ImmediAtely upon Buyer's execution and submission of thls'Of~er.
Buyer..shall arrange for a survey of the Premises at Buyer's .expense, and
Buyer's' surveyor may euter Premises in accordance with Article 14'bereof.
8.2 Within thirty (30) days after submission of Offer, Buyer shall
furnish Seller three (3) copies of metes and bounds descriptiOn, describing
exact area to be conveyed, and three (3) prints of a survey plat acceptable to
Seller and to Recorder of Deeds for the County Or City in wbich.~e. Prem.1~es
lieli, for use by Seller in preparation of deed and ~ther papers. If Seller
does not accept Buyer's Offer, Seller shall retmburse Buyer ~or eost of survey,
and..B"uyersh.a1l thereupon assign all rights ther~in and copies thereof .to
Seller.
~. BET'lLlDIERT, CLOSIBG:
9.1 Settlement or Closing hereunder shall be held at any time..within
Si~~ (60) 'days following receipt of Seller's acceptance of this Offer, at such
tUie and'place as Seller shall designate In writing, unless otherwise extended
by Seller in writing, time expressly being of the essence of the ~esulting
oontract in its entirety.
9..2. In the event of Buyer's failure to c10sewithln the aforesaid period,
and if Seller agretts to extend Settl.-ent date, the Total Purchase Price for
the Premises shall increase at the rate of one percent (1\> per montb, or
fraction thereof, until actual Closing.
10. . ,POSSESSION:
10.1 Buyer shall ~btein possession at tlme of'Settlement, subject.to all
11mitatIOl'\oS in Section 5.3 above, and to the following occupancies, leases,
licenses or limitatIons (which uay .not be stated ~ deed):
NONE
. . 06/0l/89
MAY 30 '91 15:48
FROM REAL PROPERTY
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PAGE.01215
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CSXT Form 46S3-Sheet 5
J\ttla 1989
10.2 At Closing, Seller shall (a) assign to Buyer, and Buyer assume,
Seller's rights. title or interest in such items as apply solely to the
Preldses or (b) inQlude Buyer.... a party thereto if applicable to more. than the
Prellli.se$.
10.3 If possession i. given to Buyer prior to Settleuent, entry shall be
in accordance ~ith Article 14 hereof, and Buyer shall be liable and responsible
for any and all utility charge~ or expenses as of such date of possession.
11. IJBNUAL TAXES; RDTS; LIDS; CBO.GES:
11.1 All annual or periodic taxes or assessments on .the Premises.,' both
general. and special, shall be prorated as of date o.t Settleaent. Any proration
. shall 'be based on the taxes assessed again.ct the Seller in the year .of the
delivery of PO$$Bsslon or entry by Buyer and shall allow the max~ discount
penrltted by law.
11.2 All rents and license fees (1n excess of $500.00) accruing to said
Premises shall be prorated at Settlement, except as noted hereln~
. NONE
.IL 3 . Arty certified governmental assessments or liens for improvements on
Premises ~h are due aDd payable at the time of Closing shall be paid' in full
by Seller, ..nd any pending liens or assessments for improvements n~t yet due
and payable at Closing shall be thereafter paid in full by Buyer.
12.. TAXES OB ftANSFEI.; CLOSING COSTS:
12.1 . buyer shall pay all transfer taxes, hwever styled or. desi.gN.ted,
all .~umentary scamps, recording costs or fees or any simila~. expense in
conneetion with the proposed sale or necessary to record the deed.
.... 12.2 Buyer shall be solely responsible for any reasSessments 8&oerated by
reclas~ifioation of Premises resulting from this sale or transaction.
12.3 If any state or local gove:rDlllental authority dete:rmlnes. or requires
the .payment of any sales or use tax upon the sale. acquisition, Ua8 or
disposition of any portion of the Premises. under any' statute, regulation 'or
rule. Buyer shall pay the same, plus any penalty or. interest 'the:J::'8on, di:z;ectly
to said authority, and shall hold Seller harmless therefrom. Seller shall
cooperate with Buyer in the prosecution of any claim for refund,' rebate. or
abatement of said tax.
12.4 'Seller shall pay cost of recording any release of Seiler's.
mortgage(s) or lien(s). In the event Buyer finances any. portion of. '.total
Purchase. Price, Buyer shall pay all costs thereof. including reeordation,
ln~ible. tazes, etc.
.06/01/89
MAY 30 '91 15:49
FROM REAL PROPERTY
PAGE. 1211216
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CSXT Fo~'4653-Sheet 7
June 1989
successors, and assigns, also covenants and agrees ~bat no building or
8tru(:~e shall be plaQed or constrUcted by Grantee within a di8tance of feet:,
in each (~asterly/westerly or northerly/southerly) of StreetIRoad, in order to
maintain proper sight clearance for the safe operation of Grantor's trains,
loeomotives and rail equipment.
[] (D) OTHER.;
(X] (E) NONE
14. Buna' S 1lI0HT or ElmY I
14.4 'If enviroDlll8ntel contaminat:1on of the Premises. is revealed by the
studies and ~sts conducted by Buyer pursuant to Sections 14.'1 end 14.3 in an
amount and/or concentration beyond the minimum aoceptable leveb established by
ourrent applicable governmental authorities or if the estl"~ed costs of cure
06/01/89
13.1 Deed shall contain, in effect, the following language as ~ovenant(s)
to run.vith title to Premises conveyed, and as binding upon Buyer, Buyer's
heirs, legal representatives and assigns, or corporate successors and assigns,
~d anyone claiming title to or holding Premises through Buyer. (Seller to
check applicable provisions):
[J (A) FENCING: (If Premises are adjacent to rail right-of-way):
GRANTEE, by the acceptance hereof, hereby covenants and agrees with Grantor
that Grantor. shall not: be required to erect or maintain any fences, railings
or guard rails along any boundary lines between the Premises and the. adjacent
1~d(8)'of Grantor or of any other company affiliated with Grantor; or be
liable for. or required to pay any part of the cost or expense of erecting or
maintaining such fences, railings or guard rails or any part hereof; or be
liable for any damage, loss or injury that may result by reason' of the
non-existence or the condition of any fences, railings or guard rails. Grantee
assumes all liability and responsibility respecting fences, railings or guard
rails; or the absence thereof. Grantee shall construct and mairitabi, at
Grantee's sole cost and expense, an adequate and suitable fence along the line
of the Premises which adjoins Grantor's railroad track for so long as a
railroad .track exists on the adjoining railroad rlght~of-way. the' fence shall
be of a type satisfactory to Grantor and reasonably sufficient. to k&eppersons
and ~eh1cles from trespassing on Grantor's adjoining right-af-way.
[J .(5) DRAINAGE: (If Premises are adjaoent to rail rigbt-oi~way):
Grantee,' by acceptance of this deed, hereby eovenants that it. its successors,
. heirs,. legal representatives or assigns shall maintain the exlsc;ing drainage on
the Premises in such a manner as to not i1llpair adjacent: railroad right-ai-way
drainage and to not redirect or increase the quanticy or velocity of surface
water ~off or any streams into Grantor's drainage system or ixpon epe
right-of-way or other lands and facUities of Grantor. If said .Pre:.dses or
existing drainage are modified or improved, Grantee agrees to constrUCt and
~1.ntain, :in accordance with all applicable statutes, ord~nances, building and
sWxl1v1.sion codes, covenants and restrictions, an. adequate drainage system from'
the Pre1liises to the nearest public or non-Grantor owned drainage or' storm sewer
system, 1n order to prevent the discharge of roof, sudace, streADl and. other
d.t:ainage waters upon said right-of-yay or upon other adjacent lands .and
facilities of Grantor.
_ (J (C) .SIGHT CLEARANCE: (If Prelllises are adjacent to rail
right-of-way):
Grantee, for itself, its succesSOrS and assigns, hereby covenants and
agrees that, for so long as the property adj acent to the PreJll.f.ses con~ins an
operated and operable track and line of railroad, neither Grantee, nor its
successors and assIgns, shall erect, or cause to be erected, any building or
struc;ture in, on, over or across the as shown (in oolor or by hachure) on
Grantor'.s Drawing RD. ,dated (last revised), attached bereto and lUde a part
hereof for general references only; nor shall Grantee, its successo~s and
assi,gns, amend, alter or modify any survey description of said area, nor. cause
~e same ..to be amended, altered or JIOdified. Grantee, for itself, its .
06/01/8"9
MAY 3121 '91 15: 51
FROM REAL PROPERTY
PAGE. 1211218
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csxr Form 4653-Sheet S
June 1989
or remediation exceed Ten Percent (10\) of the Total Purchase Priee; Buyer's
.Il2l& ~ ~~clusive remedy shall be to terminate this Agreement and receive a
refund of the Initial Deposit. Under no circumstances sball Seller.be required
to correct, remedy or cure any condition or eharacteristic of the Premises,
including but not limited to any enviroomental contauination which Buyer's
tests and studies.may reveal, as a condition to Settlement or other performance
hereunder. If Buyer does not elect to terminate, or elects not to s~cure any
tests or inspections, Buyer shall take the Premises-As Is., and assumes all
ri.ks ~f condition of the Premises.
14.5 Buyer acknowledges that seller makes no guarantee~ representation or
1farranty regarding the condition of the Premises, and Seller expressly
disclal111$ any and all obligation and liability to Buyer regarding any phys.ical
or environaental defects which may exist with respect to the Premises.
J
15. . SUBDIVISION. APPR.OVAL:
15.1 If any ..ubdivlslon approval is deellled necessary for the .completion
of the conveyance herein, or if Buyer desires subdivision approval, said
approval shall be obtained by Buyer at Buyer's sole risk, cost, and exp~n$e.
Seller shall cooperate with Buyer in obtaining said approval, to the extent
necessary or required, but Buyer 5hal1 reimburse Seller for any and all
charges, costs and expenses (including portions of salaries of employees of
Seller assigned to such projQct) which Seller may 'incur in such cooperation.
15.2 Seller makes no guarantee or warranty that any subdivision approval
will be granted and assumes no obligation or liability for arry. costR or
eXpenses if same is not approved. .
'15.3 Failure to obtain any subdivision approval shall not be grounds to
postpone ,or extend Settlement, or for rescission of the contract re'sulting from
Seller'a acceptance of Buyer's Offer.
lS.4, Costs and expenses shall include all fee~. costs ~nd expenses of
'obtalning:suhdivision plats, filing same with applicable governmental
body(les)~ recordation thereof, attorneys' fees, and all other' related and/or
associated i.tems. .
16. . D1SUlI.ABLE IUS!::
16.1 If this conveyance involves sale of any building(s) and/or
strueture(s), upon acoeptance of Offer, said building(s) and/or stru~ture(s)
shall be held by Buyer at Buyer' 8 80le risk until Settlement. Seller shall
have no duty to insure Buyer's interest or to amend or alter Seller's existing
insurance'policy(les) to reflect Buyer's interest.
16.2 In the e-ftlnt Buyer datls not teDllinate thiS Agreelllent, &s provided in
Sections'4.1, 6.2 and 14.4 hereof, Buyer shall seeure, in an amount at least
equal to that portion of the Purchase Price allocable to such bu:i:lding(s) or
structure"(s), a policy of Fire and Extended Coverage Insurance on said
bul1ding(s) and/or structure(s), insuring both Seller and Buyer as their
respective .interests may appear. Buyer shall furnish evidence of such
insurance.to Seller, only on demand.
06/01/89
MAY 30 '91 15:51
FROM REAL PROPERTY
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.CSXI Form 465J.Sheet 9
June 1989
16.3 DQscructlon of building(s) and/or structure(s) by any insurable
peril shall not be grounds for Buyer to termilUlte this contract or to postpone
Settlement hereunder. Failure of Buyer to insure shall be at Buyer's sole
risk, cost and expense.
17. !kOKla'S PEES:
17.1 Seller shall be under no obligation to p~y or be responsible.for any.
Broker's or f~der's fees, commissions or charges in' connection with handling
this transaction, or Settlement. Seller and Buyer each Warrant to .the ocher
~at no real estate brokers or sales agents are inVolved in this transaction.
18. EASDENTS, RIGHTS, :IR'rERESTS TO BE RETAIRED I
18.1 Se1~er shall except and reserve unto .itself as CrAntor, its
successors and assigns, the following easements. rights and interests. (Seller
.to check applicable item(s)):
. [] (A) EXCEPTING unto Grantor all oil and gas, and the consdt;uents of
each, underlying the Premises; and RESERVING the right for Grantor. and its
lessees, to remove the same; bowever, Grantor will not drill or permit drilling
on the surface of the Premises without written consent of Grantee.
[] (B) EXCEPTING unto Grantor the ownership in and to all track(a) and
other. track. material (including switches and signals and ballast) within and on
the Prelllises. Grantee shall remove, at its sole oost and expense, 'all such
track(s)' and other track matedal and stockpile same (other than the ballast)
. for later retrieval by Grantor.
[1 (C) .RESERVING unto Grantor (an) easement(s) twenty (20) feet in
width.. ten (10) feet in each direction from center of (each) track, for the
continued. lo.cation, maintenance, use, repair, replaoement and removal of the
. trackag~ shown on Premises description Drawings; TOGETHER WITH the .right of
ingress and egress to and from said trackage until removal. Said easement
shall automatically terminate and all title vest in Grantee upon cessation of
Use and removal of said trackage by Grantor.
[) (D). RESERVING unto Grantor an easement fifteen (15) feet in width
along and/or across the Premises, to construct, maintain, operate, use,
replace, relocate, renew and remove fiber optic communication cables, lines or
f'acilit:ies beneath the surface of the Premises, and all ancillary' equiplIIent or
facilities (both underground and surface), or to attach the same to existing
bridges or poles on the Premises; TOGEllIEa llITH the further rights to assign
the reserved easement, right and facilities, in whole or in part, and to lease,
11.cenae or permit tUrd parties to do so; PROVIDED that the. exercise of such
right dOes not unreasonably interfere with the safe .and efficient. use of the
Premises, or any 1DrprovEllllents thereon, by Grantee.
() (E) RESERVI.NO unto Grantor a Perpetual Railroad Easement thirty (30)
feet in width, fifteen (15) feet in each direction from the center of each
track, for the continued locatIon, maintenance, use, repair, replacement and
removal of the trackage and appurtenant rail material and facilities (tie$,
ballast, drainage structures. sIgnals, switches, communication I1n~~, etc.)
. 06/01/89
MAY 3121 "91 15:52
FROM REAL PROPERTY
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PAGE. 1211121
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CSXT For. 46S3.Sheet 10
June 1989
shown on Premises descript10n Drawings, ownersh1p of all of which.ls also
excepted hereunder; TOGETHER. WITH the right of i~resB and egress to and from
said trackage and facilities. Said Railroad Easement shall automatically
terminate and title vest in Grantee upon cessation of use and removal.of said
trackage .and facilities by Grantor, Grantor's $uccessors and assigns.
[] (F) EXCEPTING unto Grantor the ownership in and to all exbting
signal and/or communication poles, wires, guys, ete., within or on the Premises
and . located generally along or near the line thereof; and RESERVING unto
Crant:or a perpetual easement to maintain said existing signal and/or
eommunlQati~n pole line, wires, guys, etc.. and to reconstruct same or.
,C1oMtruct new poles, wires, guys, etc., sufficient .in number and type tb meet
Grantor's present and future communication and/or signal needs; any new.pole
line'eo be located generally along the alIgnment of said existing p~le line.
19.1. This Purchase-Sale Agreelllent may not be assigned by 'Buyer1rl.thout
the. pripr written consent of Seller.
20" USULTmG CONTRACT; ElflIRE AGlUtUlur.c:
20.1 'Buyer's Offer, when accepted by Seller as above, shall constitute
the resulting Contract and the entire agreement between the .p~ies hereto, and
they shall not be bound by any terms, conditions, statements or'
representations, oral or written, not contained he.rein or in schedules ,attached
hereto. 'This contract ma.y not be changed, altered or ux>dified except by an
i~trument in writing signed by the party agtdnst 'Rhom the enforcement thereof
is sought.
'. 20.2 This instrument shall be executed in duplicate, each of which may be
treated ,as an original.
21. SUCCESSORS AIm ASSiGNS; SUllVIVAL ClAUSE:
21.1. :The resulting contract shall be binding upon the parties; their
.suec:e~sors and assigns or upon their heirs, legal representatives and assigns,
as. !:he c::4se Jiay be. . .
21. 2' Arry provision calling for obligations continuing after Settlement
shall survi:ve delivery of deed, wether or not deed so states.
zt. 19OT:ICES:
22.1 Vilenever notice is to be gi'V8n UQder the. terms o~ 'Chis .Offer, or
result:ing contract, such notice shall be de_d to have been given' when
'enclosed in an envelope having the proper postage, addressed to the party to
'06/01/89
r'1 A Y 3121 '9 1 1 5 : 53
FROM RERL PROPERTY
PAGE.011
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CSXT FOB 4653-Sh$et 11
June 1989
receive such notice, sent by registered or certified mail, reeurn receipt
requested, and deposited at a U.S. Post Office.
22.2 The date auch notice shall be deemed to have been given shall be the
,first. calendar day after tbe date sent by courier. express or overnight ("'next
day delivery-) service or the third calendar day after the. date of ,the postmark
of the etlVEllope. .
23, OTSD. '1'D!Is I
2~.1 Radon is a naturally occurring radioactive gas that, when it has
ac~at.d in a bul1di~ in sufficient quantities, may present,h~alth risks to
persona who -are exposed to it over time. Levels of radon that exceed 'federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon te$ting lIIay be obtained from your county
'--public bealth unit. .
.llI: VITNESS WHEREOF, the Buyer bas caused this Purchase Offer to bes,igned,
in dupli<tfl!t;~~~:aii<l..dated the first date written above.
......~ ",. .
..s-.~ .~..- .......... .
WI~!.~-.<.:-:p>..r. . BUYER(S): CrTY :OF CLEAllWATER.
...... ff~"~~:"~~, ~ .~ --&- (SEAL)
~....... -. ~.,.. ; ,- . .
. ':. ~~ "J ~ > ;:fj.j : '
.' . .. '0. ~ ~. 'City '~nager
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BO'lICE OF SEI.tBlt.'S ACCEPr.A1Ita
, ''thb ~rcbase Offer is accepted by Seller: thb. ,~ T
.1990.
day of" .~
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.WITNESS(ES) :
CSX TRANSPORT4TION. me..
::;::;r~
By ~RkV
~_~~.~as
Tide
. 06/0.1/89
MAY 30 '91 15:53
FROM RERL PROPERTY
t. I' III -~. o.,f .
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EXHIBIT A
Lots 7-10 inclusive and aaat IS' of Lots
6 and 11, Block 7 together with Lot 8,
Block 12. Magnolia Park Subdivision, Plat
BOok 3. Page 43.
PIERCE
liS ~
PCLA.
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IfS~
.F~ANI<LlrJ
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PCLJ!>
csx: REAL~I
PROPOSED SALE TO CITY OF CLEARWATER
SCALE:. 1"-1.00'
DATE: 3/20/90
VAL. SEC.
V12FLA!
L-I/
8-8a
AREA:
Pel;. :.A 30.~75"!f+
Pel. B 8,OOO'SF+
Total 38.475 SFf
50',.,
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PAGE.012
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$7.
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5T.
. . EXHIBI'tA
** TOTAL PAGE.012 **
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