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GEORGE W STONE TRUSTEE OF J O STONE GRANDCHILDRENS TRUST , .'~""'" ;0' (",,10'" 'flf-.dd"'''' ,to,",' '","op,) " ~ame: ~TEWARTT1TLE OF CLE;A~ATER, INC. Address: 1290 Court Street Clearwater, Florida 33756 . ,...,...... This Instrument Prepared by: MARIANNE, SCHAFFER of STEWART TITLE OF CLEARWATER, INC. as a necessary incident to the fulfillment of conditions contained in a title insurance commitment issued by it. Property Appraisers Parcel Identification (Folio) Number(s): 15-29-15-00000-210-0700 Grantee(s) 5,5,#(s): FILE NO: I 999 a: 18PM N- 8- 1 c; 188 99-188793 ~u eK 10545 p PIN r: I...I...I~~\ I\~ 1\1\1 11\\1 1\1\1 1\111 1\\1\ 1\1\\ IIII 1\\1 , ........\ \ J \\1' ,(,,[J 99010086 ~>"i%l r' '-"c.:;". WAR~Y D1i~ ;"':'''''';'''''','" e'w:- nOhe terms -gralllor- and -granlee- herein shall be cOl1Slrued 10 Include.1I Renders and sinlUI., or plural as the cornut indicales.) This Warranty Deed Made this aday of May A,D,19 99 , by ) GEORGE W. STONE, TRUSTEE of the J. O. STONE GRANDCHILDREN'S ~A~:~,~~';:1'RUST under Trust Agreement dated December 29th., 1976 , f/b/o MAX FORESTER A""" '~r~V D DE?'I (}J~ j'WIiose marital status is: , 'fY'-! \:It hereinafter called the grantor, whose post office address IS: F t!ICITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation I". " .. C;:(' whose post office address is: P. O. Box 4748, Clearwater, Florida 33758-4748 ,. "3 I der~nafter called the grantee, WITNESSETH: That said grantor, for and in consideration of the sum of $10,00 Dollars, and other valuable considerations. ~. receipt whereof is hereby acknowledged, h,ereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Plnellas County. Florida. viz: C~+~, l(GAL DtSCRIPTION: A PARCEL OF LAND BEING A PORTION OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1415 OF THE PUBLIC RECORDS or PINELlAS COUNTY. FLORIDA. lYING WITHIN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION I~, TOWNSHIP 29 SOUTH. RANGE I~ EAST, CITY OF ,ClEARwATER, PINElLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: CCM.ENCE AT THE SOUTmt'(ST CORNER OF THE NORTHEAST 1/4 OF THE NORTI{NEST 1/4 Of SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST. CITY OF CLEARWATER, PINELLAS COUNTY. FLORIDA: THENCE S 89-'2'05. E. ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15 (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION). FOR 665.46 FEET TO THE SOUTHEAST CORNER OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15. SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219, PAGE 346 OF THE PUBLIC RECORDS OF PINElLAS COUNTY. FLORIDA; THENCE lEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, N 00-00'08- W, ALONG THE EAST BOUNDARY LINE OF. SAID WEST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 32'19. PAGE 346. S~ ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 99~6. PAGE 1415. FOR 52.68 FEET TO THE NORTHERN MOST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RECORDS BOOK 3219, PAGE 346, SAME ALSO BEING THE POINT or BEGINNING; THENCE CONTINUE N 00-00'08" W, ALONG SAID EAST BOUNDARY LINE Of THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, SAME ALSO BEING SAID EAST BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED AS PARctL II IN OFFICIAL RECORDS BOOK 9956, PAGE 1415. FOR I II .84 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956, PAGE 1415, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915, PAGE 103 Of THE PV8L1C RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE lEAVING SAID EAST BOUNDARY LINE Of THE WEST 1/2 OF THE NORTHEAST 1/4 OF TK: NORTmt[ST 1/4 OF SECTION 15. N 89-'2'05" W. ALONG THE NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415, SAME ALSO BEING THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915, PAGE 103, FOR ~,70 FEET TO THE SOUTHWtST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 9J~. PAGE 103: THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415. S 03-08'~6" W. FOR 164.64 FEET TO THE NORTHEAST BOUNDARY CORNER OF LOT I, REVISED MAP OF R.H, PADGETT'S SUBDIVISION. AS RECORDED IN PLAT BOOK 4. PAGE 32 Of THE PUBLIC RECOROSOF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT Of INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL" IN OFFICIAL RECORDS BOOK 9956, PAGE 1415. SAME ALSO BEING AFORESAID SOUTH BOUNDARY LINE Of THE NORTHEAST 1/4 Of THE NORTHWEST 1/4 Of SECTION I~: THENCE S 89- IZ'05. E. ALONG SAID SOUTH BOUNDARY LINE OF THE NORTHEAST I/~ OF THE NORTHWfST I/~ or SECTION IS, SAM( ALSO BEING SAID SOUTH BOUNDARY lINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415. FOR ~,05 rEET TO THE SOUTHWEST BOUNDARY CORNER OF AFORESAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL REyORDS BOOK 3219, PAGE 346: THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 or SECTION 15. N 09-23'45" E. ALONG THE WEST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219. PAGE 346. FOR 53,27 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.2B9 SOUARE FEET OR 0,0296 ACRES, MORE OR lESS. See attached Exhibit "A" hereto Page 1 of 2 ~ ~ f.q~ ,'-' ,> Of) ~, ~.-r"' .. I IINELLAS COUNTY rLA, Orr,REC,8K 10545 PG 189 This property [PO [is not] the homestead of the Grantor(s), TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 99, reservations, restrictions and easements of record, if any, IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written, < ttjJ~ (Seal) TRUSTEE (Seal) Witness Signature: Witness Printed Name: (Seal) Witness Signature: Witness Printed Name: (Seal) STATE OF FLORIDA COUNTY OF Pinellas The foregoing instrument was acknowledged before me this N~ day of Uay , 19 99 by GEORGE W. STONE, TRUSTEE of the J. O. STONE GRANDCHILDREN'S TRUST under Trust Agree~ent dated December 29th., 1976, f/bla MAX FORESTER who is/are personally known to me or who has/have produced driver license(s) as identification, Printed Name: Notary Public Serial Number: ~ , My Commission expires: ~O-- ~~A," ... ., o '= z: n DEBRA A. BORGH Notary Public, State of Florida My COIIlIIlission Expire. Jan. 30.2001 Commlllion , CC691511 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by day of , 19 who is/are personally known to me or who has/have produced driver license(s) as identification, My Commission expires: Printed Name: Notary Public Serial Number: 8C080941 06-08-1999 01 0000000000 DED-CLIIR RECORDING 003 PAGES DOC STA"P - DR219 14: 18: 11 J"F 1 3 TOTAL: P CHECK A"T.TENDERED: CHANGE: $15.00 $16.10 -------- $31.10 $31.10 $.00 Page 2 of2 I, - 1 ,I -iHl~ls t<<2i A SUR~ 'EXHI~IT "Au - Paoe 2 of 2 I THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MA Y BE fOUND IN THE PUBLIC RECORDS OF 'tHIS COUNTY. I THIS LEGAL DESCRIPTION AND SKETCH WAS PREPAREb WITHOUT THE BENEFIT OF" A TITLE POLICY. , BEARINGS ARE BASEO UPON, SEE SKETCH AND LEGAL DESCRIPTION Z ON cn~ lA.~LU 00(,) m< Q.~Q. ....<en .... :2 en~. OOl-~ -J l&J I- 0 enl.tJO ~8m 0:<.... 0.< .-J io :I: 0. ..- . to 0: II) II) L__ r-l ~~ IC~ i?'" ::!f l, PINELLAS COUNTY FLA, --, OFF,REC,8K 10545 PG 190 POC SW COR OF THE NE 1/4 or THE NW 1/4 OF SEC 15-29S-15E ~ z (BEARING BASIS) S BNOY UNE OF TH NE 1/4 OF THE NW 1/4 Of' SECTION 15-29S-15E LEGOjQ BNOY . Boundcwy COR · Com. POC · Point of Convnen<:6-nent P08 · Point of 8~ilnhv SF . Squore f. At; . Acn(e) t: - "'ore ItI lea R/W - RkIIt-of-Woy OR . ~ ~ Boalt PO · Pate De . Deed Soak NOT PLA TIED PARCEL " OR 9956, PG 1415 10 -- .,. 589'2'OS-E 5.05' 1,289 SF OR 0.0296 AC :f: ...JCl wo. (.) . Q:ID <10 0.01 01 Q: o r AREA = 503'08'S6.W 53.27' 52.68' _J_ /W PER OS 91~. PO 10J ---t- N89' 2'OS.W 4.70' N09'2J'45- \ R/W t Oft 3219. PG ~_ _ NOO'OO'oa.W 164.64' _~OO'OO'08-W _ __ 111.84' --- P08 20' R/W PB H4 PG 99 MADISON AVENUE o ,... .,. WI . 101 N 0 ~.~ ~II ~...~ ::!: SE COR Of THE W 1/2 E UNE OF Tl-lE W 1/2 Of THE OF THE NE 1/4 OF 'THE NE 1/4 or THE NW 1/" Of NW 1/4 Of SEe 15-29S-15E SECTION 15-29S-15E : CLEARWA TER HEIGHTS PLA T BOOK H4, PAGE 99 n-tS lLGAl AND Sl((TC>4 ....IS PRD'ARED NTH n.E BENOlT r:F A RlCHT-r:F-WAY ~ TOPOGRAPHIC SJIl't'tY PR(J)AAal BY FlORIOA O(.gQj CCfofSUl'!ANTS. INC.. nTUJ) "'AOISON A'<{NUE/COUlD STREIT", JOe No. 191-02. LAST OAlI r:F FlEl.O WORK 7/411/'"8 AND OAlI SCNm 8/27 /l~~a. PRD' AAfl) ... Oft: SMEl., 0( SCRIPllCtt SCAU: r' = 30' jJOe ~ 197 -02 THE CITY OF CLEARWATER. FLORIDA SKETCH OA1t: ORA. J I 9/0211998 LCS ~ S( C11ON: I hereby certlf1 Ihot thl. legal descrlplion and sketch m..ts Ih. minimum t.chnical standard. a. ..t forth by Ihe Florido Boord of Profes.lonot Land Surveyors in Chapter 61G17-6 Florida Administrollve Code, pur.uant to Section 472.027, Florida Statut.. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINA RAISED SEAL OF A FlORIDA lICENS URVEY R AND MAPPER. CER D A 0 GAL ESCRIPTION AND SKETCH CAlC(t); III LCS ,...,.. TOWlNSHIP: RCW IlAHCt: 15 E 15 29 5 R.ORDA DESIGN CONSU..TANT8, we. ENGINEERS, ENVIRONMENT AllS TS SURVEYORS 8 PLANNERS 2639 McCo,rnic, D';n Cleo' "01.'. 1"0"40 337S9 (727) 724.e422 Certlflcate of Authorization: l8 6707 Stotfl! n' F1,.".IA... C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER L1CE~S.E_!,U~~~~_lS ~~ $lATE OF FLORIDA ., l, I I PURCHASE AGREa?1 FOR R1:':~OF-:::JECT : Ml>J)ISON AVENUE ~e~~ Stone, tiJr THIS AGREEMENT is made between ~:;=;:=@:;=;:~~~, as Trustee FBO Jody Forester U/T/A dated December 29, 1976, owner and holder as tenant in common of an undi vided 25% interest in subj ect real property; and as Trustee FBO Max Forester U/T/A dated December 29, 1976, owner and holder as tenant in common of an undivided 25% interest in subject real property, (herein, collectively, "Seller"), c/o Charles F. Barber, Esquire, 1550 South Highland Avenue, Suite B, Clearwater, Fl. 33756, and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, 112 South Osceola Avenue, Clearwater, Fl. 33756 herein ("Buyer" or "City"). WITNESSETH For and in consideration of the mutual covenants and conditions herein contained, Seller hereby agrees to sell and Buyer agrees to buy the following property or interest therein, upon the following terms and conditions: I. DESCRIPTION Real estate or interest depicted in EXHIBIT "A", made a part hereof. therein, identified as legally described and Pages 1 and 2 which are attached hereto and INTEREST BEING ACQUIRED: [X] Fee simple Personal property to be conveyed: None [ ] Easement II. CONSIDERATION Amount to be paid by Buyer to Seller ln cash at closing. . . .$9,023.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood and agreed that this Agreement is executed by the Seller subject to final approval and acceptance by the Clearwater City Commission, which shall occur within forty-five 45) days of receipt of this document by Earl Barrett, Real Estate Services Manager in the Clearwater Public Works Department, together with counterpart agreements from all other parties having fee interest in the property described herein. Date of acceptance and execution by duly authorized officers of the City shall be the Effective Date of this agreement, and execution shall serve to ratify and confirm the purchase price and all terms and conditions as are contained herein. If this agreement is not timely accepted and executed by the City, Seller may, at Seller option, withdraw from this agreement by providing written notice of such intent to the office of the City Attorney, whereupon this agreement shall thereafter be null and void in all respects. (b) No actual or estimated ad valorem taxes shall be prorated to the City or collected from Seller at time of closing this transaction. The city shall pay state documentary stamps to record deed given in this transaction. ;, 1 I I Page 2 - Madison Avenue (stone Buick parcel) (c) The Buyer shall designate a closing agent located in Pinellas County, Florida, and this transaction shall be closed in the offices of the designated closing agent. Seller shall deliver unencumbered title to the City at closing; however, the City shall, at City's sole cost and expense, have the obligation to obtain any releases of encumbrances as the City may require, together with title insurance and certified parcel survey. (d) The City agrees to restore to the present or equal condition any of Seller1s remainder property up to but not more than five feet (5') abutting the parcel being conveyed that may be disturbed or impacted during construction of contemplated right-of-way improvements. Such restoration shall be accomplished at City expense and shall be completed not later than project completion. IV. CLOSING DATE - POSSESSION This transaction shall be closed and the Seller shall convey title by Special Warranty Deed within sixty (60) days of the Effective date of this agreement. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as addenda, and initialed by the parties, shall control all printed provisions in conflict therewith. VI. COUNTERPARTS; FACSIMILE COPY This agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this agreement, including any addenda, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. VII. IN WITNESS WHEREOF, the Seller has caused these presents to be executed this ~ day of -';~I1JJ.a( , 1992:.. SELLER: (~kH_ '.. I I Page 3 - Madison Avenue (stone Buick parcel) VI. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER, FLORIDA, EFFECTIVE DATE. IN WITNESS WHEREOF, the City of Clearwater, Florida has caused these presents to be approved and accepted by its city Commission, and executed in its name by its officers thereunto duly authorized this ~day of ~ ' 1999. ~~ \ BUYER: OF CLEARWATER, FLORIDA CITY ~ ., By: Michael J. Roberto, City Manager Approved as to form and correctness: Attest: ~~ John Carassas Assistant City Attorney Stone Buick ROW Contr,l198Bewb .. .. lHlS IS t4.QI A SU~~ . EXHIEfT "An - Paae 1 of 2 THERE MAY BE ADDITIONAL RESTRICTIONS AffECTING THIS PROPERTY THAT MAY BE fOUND IN THE PUBLIC RECORDS Of THIS COUNTY, THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY, BEARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LYING WITHIN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, TOWNSHIP 29 SOUTH, RANGE 15 EAST. CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA; THENCE S 89012'05. E. ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15 (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION), FOR 665,46 FEET TO THE SOUTHEAST CORNER OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT . CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219. PAGE 346 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, N 00000'08" W, ALONG THE EAST BOUNDARY LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15. SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219, PAGE ~46, SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415. FOR 52,68 FEET TO THE NORTHERN MOST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219, PAGE ~46. SAME ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE N 00000'08" W, ALONG SAID EAST BOUNDARY LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, SAME ALSO BEING SAID EAST BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1415, FOR I I I .64 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER Of THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915, PAGE 103 OF THE PUBLIC RECORDS Of PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15. N 89012'05" W. ALONG THE NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415, SAME ALSO BEING THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915, PAGE 103. FOR 4.70 FEET TO THE SOUTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 91S. PAGE IO~: THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1415. S 03008'56" W, FOR 164,64 FEET TO THE NORTHEAST BOUNDARY CORNER Of LOT I, REVISED MAP OF R,H, PADGETT'S SUBDIVISION, AS RECORDED IN PLAT BOOK 4. PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, SANE ALSO BEING THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415. SANE ALSO BEING AFORESAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15: THENCE S 89012'05. E. ALONG SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, SAME ALSO BEING SAID SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I J IN OFFICIAL RECORDS BOOK 9956. PAGE 1415, FOR 5,05 FEET TO THE SOUTHWEST BOUNDARY CORNER OF AFORESAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RE~ORDS BOOK ~219. PAGE 346; THENCE LEAVING SAID SOUTH BOUNDARY LINE Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, N 0902~'4S" E. ALONG THE WEST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK ~219. PAGE 346, FOR 53,27 FEET TO THE POINT Of BEGINNING AND CONTAINING 1,289 SOUARE FEET OR 0,0296 ACRES. MORE OR LESS, CLOSURE: 0,0018' THIS ILeAL AND SKETOi WAS PREPARED YIfT'- '!HE 3ENE1lT (:F A RlGHT-(:F-WAY ANO TOPOGRAPltC SJR'v[Y PREPARED BY FlORIDA OESlCH CONSJLTANTS. INC.. mUD "'WADlSON AVENUE/GOULD ~. ..oe No. 187-02. LAST DATE (:F fIELD M:)RK '/21/1998 AND DATE SIGNED 11/27/1iia. PREPARED fOR; THE CITY OF CLEARWATER, FLORIDA LEGAL DESCRIPTION SHUT DESCRIPTION: SCAlL: N/A DATE: DIU~ 9/02/1998 LCS SEcnON: CAlcm: u J LCS ~ TO'lIIC~P: O€ 197 -02 15 29 S 15 E I h.r.by c:.rllfy Ihai Ihi. legol dnc:ription and .kelc:h mu" Ih. minimum I.c:hnic:al .tandard. os ..t forth by the Florida Boord of Professional land Surveyors In Chapt.r 61G17-6 Florldo Administrative Code, pursuant to Sec:tion 472.027, Florida Slatutn NOT VALID WITHOUT THE SIGNATURE AND THE ORIGIN RAISED SEAL OF A FLORIDA CENSE URV R AND MAPPER. AS DESCRIPTI N AND SKETCH JC8 No.: FLORIJA DESIGN CONSaTANTS, NO. ENGINEERS. ENVIRONMENT AlIS TS SURVEYORS 8 PLANNERS 2639 McCormick Oriv. Cl.arwal.r. f10rida 33 '~9 (727) '2~-8~22 Certlflcate of Authorization: LB 6707 State of florida ROBERT C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER lS 4 5 S TE OF FLORIDA DA TE SIGNED, ", . " ~. .. ~ 'MS IS Mm A SUR~ . EXHI IT "Au - Paae 2 of 2 THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF' A TITLE POLICY. BEARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION Z ON (1)1") lA.5W 00,-, m< a.=>a. _<CI) t- ~ (I) ~- OOi-~ ....JW...O (f)WO 5<':>(1) wO o::<t- 0.< .....J co zOo... 0:: ~ co L__ I-L ~... ,,~ ~... :if POC SW COR OF THE HE 1/4 OF THE HW 1/4 Of SEC 15-29S-15E -4' z (BEARING BASIS) S BNOY UNE OF TH NE 1/4 OF THE NW 1/4 OF SECnON 15-295-15E LEGENQ BHOY · Soundcry COR . eom.. POl: - Point of Commencement P08 · Point of lSeginn IncJ SF - $quore FMt ~ - Acn(.) t: - W~ 01' Leee R/W - ~t-of-WcIy OR - 0ffIclaI Recorda Book PC - Page 01 · Deed Book NOT PLA TIED PARCEL II OR 9956, PG 1415 10 ; S89i 2'OS-E 5.05' = 1,289 SF OR 0.0296 AC :i: ...Jel wo. U . Q:CO <(10 0.01 01 Q: o r AREA S03"08'56.W 5.3.27' 111.84' --- P08 N89i 2'OS.W 4.70' 164.64' _~OO"OO'08.W _ _ _ _J_ /W PER DB 9'~ PO 103 ---t- 20' R/W PB H4 PG 99 MADISON AVENUE o ,..... ... ~I 101 .... 0 ~~ ~I' ~.' ~ :if SE COR OF THE W 1/2 E LINE OF THE W 1/2 OF THE OF THE NE 1/4 OF THE NE 1/4 OF THE NW 1/4 OF NW 1/4 OF SEe 15-29S-1SE SECTION 15-29S-1SE " CLEARWATER HEIGHTS PLAT BOOK H4, PAGE 99 lHS LEGAl AND SKETCH 'N"-S PREPARED Yllll4 n.tE BENEflT OF A RIGHT-OF-WAY ANO TOPOGRAPHIC SURVEY PREPARED BY FlORIOA OE:SICN CONSULTANTS. INC., nTI.ED "WAOlSON Avt:NUE/GOULO STJlEEr, JOe No. 197-02, LAST DAlE OF FIElD WORK 7/21/1998 AND DATt: SIGNED 8/27/1998. PR(PARED FOR; SHELT DESCRIPlION: THE CITY OF CLEARWATER, FLORIDA SKETCH SCALE: DATE: DRAWN: tJ CAlero: '/..t I" = 30. 9/0211998 LCS LCS RCW J08 Na.: SECllOH: TOlIlNSHIP: ItAHCE: 197 - 0 2 15 29 S 15 E I hereby cerflf1 Ihol Ihis legal description and sketch meets the minImum technical stondords as set forth by the Florida Boord of Professionol Lond Surveyors in Chopter 61G17-6 F'lorido Administrotlve Code, pursuant to Section 472.027, Florida Statut.. NOT VALID WITHOUT THE SIGNATURE THE ORIGINA RAISED SEAL OF' A FLORIDA L1CENS URVEY R AND MAPPER. D A 0 EGAL ESCRIPTION AND SKETCH FLORDA DESIGN CONSU..TANTS, NO. ENGINEERS, ENVIRONMENTALISTS SURVEYORS a PLANNERS 2639 McCo'mic. Drive Cleo' waler, F'loflda 33 7~9 (7271 72<1-8<122 Certificate of AuthorIzation: L8 6707 State of F1orido C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS, ~ ~ SlATE OF FLORIDA DA TE SIGNED. 7- )-7'( ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS "If you want information about coverage or need assistance to resolve complaints, please call 1-800-729-1902. If you make a claim under your policy, you must'furnish written notice in accordance with Sjction 3 of the CO~ditions a~d Stipulations." Visit our World-WIde"Web 3lte at. httO:llwww.stewarlom I POLICY OF TITLE INSURANCE ISSUED BY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE E~CEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lackof a right of access to andfromthaJal'ld. The Company will also pay the costs, alom~S'f_~~rlH.liIcur"" in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. . . IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shoVtn ill Schedule A. ~tl 1'; 99010086 STEWART TITLE GU ARANTY COMPANY STEWART TITLE GUABANTYCOMP1NY Company City, State EXCLUSIONS FROM. COVERAGE The following matters are expressly excluded from the coverageotthis pOlicy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not.limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions 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 violation of these laws, ordinances or governmental regulations, except to the extent that a notice 0 the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In th public records at Date of Policy. (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, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (iI) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ---------- Page 1 of 0 2125 PO'icy - - Serial No. 234766 , . I I II I SCHEDULE A FILE NO. POllCY NUMBER DATE OF POllCY June 08, 1999 2:17 PM AMOUNT OF INSURANCE 99010086 0-2125-234766 9 023.00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation 2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in the Insured. 4. The land referred to in this policy is described as follows: For Company reference Purposes Only According to insured representation or vesting instrument(s), the street address of the property is: Street Name: City /State/Zip: County: pinellas Pin/Tax #: 15-29-15-00000-210-0700 The Company does not represent or insure the above address is accurate STEWART TITLE Reg. D 0012 Rev. 11-91 GUARANTY COMPANY , . 1'1 Policy Number: 0- 2125-234766 File No: 99010086 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 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. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 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 1999 and thereafter and assessments, if any, not recorded in the public records. 8. Subject to any lien for municipal improvements or services to captioned land which has not been filed for record in the office of the Clerk of the Circuit Court of Pinellas County, Florida, and any and all outstanding assessments projected or to be projected, if any. 9. Any lien provided by Chapter 159 of Florida Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system or gas system servicing the land described herein. 10. Subject to zoning and/or other governmental prohibition or regulations affecting the use of the property. 11. Title to any furniture, furnishings, fixtures, or chattels or personal property located in, to or upon the land described in Schedule "A" hereof. 12. Subject to unrecorded leases and/or options to purchase affecting subject premises. 13. If subject property has been a rental unit or non-owner occupied property, it may be subject to Tangible Taxes, which are not covered by this policy. Exceptions numbered 1 and 4 are hereby deleted from the Owners Policy. llGAL O~SCRI~TI~: I I A PARCEL OF lAND BEING A PORTh.... ~ THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFi<ICI~L 'RECORDS BOOK 9'956: PAGE 14/5 OF THE PUBLIC RECORDS OF' PINELLAS COUNTY. F'LORIDA. LYING WITHIN THE WEST 1/2 OF' THE NORTHEAST 1/4 ~ THE NORTHWEST I/~ OF SECTION IS, TOWNSHIP 29 SOUTH. RANGE IS EAST, CITY OF .ClEARWATER, PINELLAS COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER ~ THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION 15. TaNNSHIP 29 SOUTH. RANGE 15 EAST. CITY Of CLEARWATER, PINELLAS COUNTY, FLORIDA; THENCE S 89-'2'05' E. ALONG THE SOUTH BOUNDARY LINE Of SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION 15 (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTIONI. FOR 665.46 FEET TO THE SOUTHEAST CORNER OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTI ON 15. SAME ALSO BE I NG THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1~15 OF THE PUBLIC RECORDS or PINELLAS COUNTY. FLORIDA. SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219, PAGE 346 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, N 00-00'08- W. ALONG THE EAST BOUNDARY LINE OF SAID WEST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION 15, SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219. PAGE 346. SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1~15, FOR 5Z.68 FEET TO THE NORTHERN MOST BOUNDARY CORNER or SAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RECORDS BOOK 3219. PAGE 346. SAME ALSO BEING THE POINT OF BEGINNING: THENCE CONTINUE N 00.00'08" W. ALONG SAID EAST BOUNDARY LINE Of THE WEST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS, SAM( ALSO BEING SAID EAST BOUNDARY LINE Of THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956, PAGE 1415. FOR 111.84 fEET TO THE NORTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER Of THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915. PAGE 103 Of THE PUBLIC RECORDS OF P/NEllAS COUNTY, FLORIDA: THENCE lEAVING SAID EAST BOUNDARY liNE Of THE WEST 1/2 Of THE NORTHEAST 1/4 OF THE NORTKt'EST 1/4 OF SECTION 15, N 89-12'05. W. ALONG THE NORTH BOUNDARY liNE Of SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1415, SAME ALSO BEING THE SOUTH BOUNDARY LINE Of SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915. PAGE 103. FOR ~.70 FEET TO THE SOUTHW[ST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 9/~, PAGE 103: THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415. S 03-08'56" W, FOR 164.64 FEET TO THE NORTHEAST BOUNDARY CORNER OF LOT I, REVISED MAP Of R.H. PADGETT'S SUBDIVISION. AS RECORDED IN PLAT BOOK 4, PAGE 32 Of THE PUBLIC RECORDS OF P/NELLAS COUNTY, FLORIDA, SAME ALSO 8EING THE POINT Of INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415, SAME ALSO BEING AFORESAID SOUTH BOUNDARY LINE or THE NORTHEAST 1/4 Of THE NORTHWEST 1/4 Of SECTION 15: THENCE S 89- 12'OS" E. ALONG SAID SOUTH BOUNDARY LINE Of THE NORTHEAST I/~ Of THE NORTHWEST I/~ or SECTION IS, SAME ALSO BEING SAID SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415. FOR 5.05 FEET TO THE SOUTHWEST BOUNDARY CORNER or AFORESAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RE~ORDS BOOK 3219. PAGE 346: THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF lHE NORTHWEST 1/4 or SECTION 15. N 09-23'45" E. ALONG lHE WEST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219. PAGE 346. FOR 53.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.289 SQUARE FEET OR 0.0296 ACRES. MORE OR LESS. I CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) I (a) The liability of the Company under this policy shall not exceed the least of: (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. (Q) (This paraqraph removed in Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more porcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, 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 ond 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. All payments under this policy, except payments made for costs, attorneys' fees and 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 hos 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 lhis policy to the insured owner. 12. PAYMENT OF LOSS. (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 accordance with these Conditions and Stipulations, the loss or damage sholl 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 shall transfer 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 to pay only that part of any losses insured against by this policy which shall exceed 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 aqreed to by both the Company and the insured. Arbitroble matters moy include, but are not limited to, any controversy or claim between the Compony and the insured arisinq out of or relatinq to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obliqation. 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 bindinq 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 prevailinq party. Judqment upon the award rendered by the Arbitrator(s) may be entered in any court havinq iurisdiction thereof. The law of the situs of the land sholl apply to an arbitration under the Title Insurance Arbitrotion 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 attoched 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 sholl include the number of this policy and sholl be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. STE'VAI~T TI'TLE GUARANTY COMPANY . DISCLbsURE, CONSENT AND GRANT OF PERl\LSSION TO EARN INTEREST ON ESCROWED FllNDS STEWART TITLE OF CLEARWATER, INC. ("Stewart"), is providing title insurance and closing services, and has issued Commitment No. C - 99010086 dated February 23, 1999 5: 00 p. m . in connection with a real estate transaction in which you are a party as a buyer, seller or mortgagor ("Transaction"). Disclosure: Money owned by a party or parties to your Transaction will be received by Stewart in connection with the Transaction and will be held by Stewart in Trust ("Escrowed Funds") until disbursement is properly authorized. As a title insurance agent licensed by the Florida Department of Insurance ("Department"), Stewart is required by law and Department rule to immediately deposit Escrowed Funds, when received, in an escrow trust account in a financial institution insured by an agency of the federal government and located within this state. Stewart intends, upon receiving all consents required in connection with the Transaction, to (a) deposit Escrowed Funds from the Transaction, together with similar funds from other transactions, in an interest-bearing trust account, and (b) retain the interest earnings from such trust account in consideration for services provided in administering and properly disbursing the Escrowed Funds. Any escrow fee paid by any party involved in this transaction shall only be for check writing and computer input, but not for any of the accounting, bookkeeping, auditing, messenger, and other services. Department rules provide that a title agent may not deposit such funds in an interest-bearing trust account without the written consent of the buyer and the seller in a sale transaction, or "use" money in its escrow trust accounts without permission of the owner of the money, given after full disclosure of the circumstances. Therefore, if this form (or a counterpart hereoO is not signed (by both buyer and seller if a sale transaction, or by the owner of the Escrowed Funds if a financing transaction) and received by Stewart prior to Stewart's receipt of the Escrowed Funds in its capacity as escrow agent in the Transaction, the Escrowed Funds in this Transaction will be deposited in a trust account on which no interest is earned. Grant of Permission: Having read and understood the foregoing "Disclosure", I/we Purchaser/Borrower o do, or 0 do not, and Seller 0 do , or 0 do not hereby grant permission for and consent to Stewart's deposit of the Escrowed Funds in a trust account upon which interest will be paid to and retained by Stewart. CI~lOF CL~RWATER, FLORIDA, Date Pri~~:-- \::j As of (Title) (Corporate or other entity name, if Applicable) please check all that apply ~ Buyer / _Seller / _ Mortgagor Print Name: As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / _Seller / _ Mortgagor Date w-- l-q'Cf ~~~~::: As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / ~ Seller / _ Mortgagor TRUSTEE Date Date Print Name: As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / _Seller / _ Mortgagor 1 I SELLER'S AFFIDAVIT (GAP) STATE OF FLORIDA FILE NO: 99010086 COUNTY OF Pinellas BEFORE ME, the undersigned, this day personally appeared GEORGE W. STONE, TRUSTEE ("Affiant(s)"), who, being by me first duly sworn, says: 1. GEORGE W. STONE, TRUSTEE is/are the owner(s) of certain real property located in Pinellas County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). 2. Affiant(s) is familiar with Stewart Title Guaranty Company's Owner's Title Insurance Commitment No. C-99010086 bearing an effective date of February 23, 1999 5:00 p.m. (the "Commitment"). 3. There have been to my knowledge no documents recorded in the Public Records of Pinellas County, Florida subsequent to February 23, 1999 5: 00 p. m. which affect title to the Property insured; and (i) that there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will not execute any instrument that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment, save and except the following: 4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent, STEWART TITLE OF CLEARWATER, INC. , to issue an Owner's Title Insurance Policy to CITY OF CLEARWATER, FLORIDA,a Florida Municipal Corporation Dated, this / day of b:tr'irqlYlLf../ , 1999 . _tZ--- TRUSTEE Sworn to and subscribed before me this GEORGE W. STONE, TRUSTEE I day of .MY" Cf~ ,19 99 ,by is/are personally known to me or who has/have produced driver license(s) as identification. , "~"c:. "" ~ ~ Ii DEBRA A. BORGH Notary Public. Stale 01 Florida My COllllnillion EIpi'" Jln. 30, 2001 CommlIIiOIl. CeSt1H7 ~~ ~fv Printed Name: Notary Public Serial Number My commission expo ORDER NP: ~9010~6 I D I S C LOS U R E We, the Owners/Purchasers of that certain real property located at: MADISON AVENUE, Pinellas County, Florida, do hereby disclose the following facts known to me which may materially affect the value or desirability of said property. I HEREBY CERTIFY that I have no knowledge of any facts or defects in said property which may materially affect the value or desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. CERTIFY that as the buyer(s) I have inspected the above accept same. ~~..~(t~ GE R W. STONE, TRUSTEE WITNESS WITNESS STATE OF FLORIDA COUNTY OF Pinellas The foregoing instrument was acknowledged before me this Is~ day of~, 1999, by GEORGE W. STONE, TRUSTEE, who has produced ~'v~ . as identifica ion and who did take an oath. My Commission Expires: STATE OF FLORIDA COUNTY OF Pinellas ~~~(; .. ,. o - & n DEBRA A. BORGH Public Slall 01 Florida Notary . sian Elpiltl Jan. 30. ~I My eoc:;:..illion . CC~'l~'__ The foregoing of May, 1999, produced an oath. instrument was acknowledged before me this 24th day by , as of, who has , as identification and who did take NOTARY PUBLIC My Commission Expires: I I onDEn NO: NON-FOREIGN CEWl'IFICATION BY INDIVIDUAL TRANSFEROR -------------------------------------------------- 1. section 1445 of the Internal Revenue Code provides that a transferee of a united states real property interest must withhold tax if the transferor is a foreign person. 2. In order to inform the transferee that withholding of tax is not required upon the disposition by GEORGE W. STONE, TRUSTEE of the United States real property described as follows: SEE EXHIBIT A the undersigned transferor certlfles and declares by means of tlds cer.tifica\:ion, the following: (a) 1 (We) am (are) not non-resldent alien(s) for purposes of unlted States income taxatlons and, (b) Hy United States taxpayer identifyJng number(s) (Social Security) is(are): NAME SOCIAL SECURITY NUMBER GEORGE W. STONE, I TRUSTEE # (c) (d) My home address is (attached additional page if necessary) 'I'here are no other persons who have an ownershIp interest in the above-described property other than those persons set forth above in subparagraph (b). ( b) 'l'he undersigned hereby further certif ies and declares: I (We) understand that the purchaser of the above described property intends to rely on the foreg01ng representations 1n connection with the UnJted States Foreign Investment in Real Property Act. (94 Statute 2602 as amended). I (we) understand this certification may be disclosed to the Interna Hevenue Service by tr.ansferee and that any false statement contained in this certification may be punished by f1ne, imprisonment or both. J . (a) Ullder penalties of perjury I (we) declare I (we) have examined carefully this certification and it is true, correct and complete. ~~ ('1'his document must be retained until the end of the fifth taxable year following the taxable year in which the transfer takes place). CONSUl,'I' YOUR A'I'TORNEY At.JO/OR 'l'AX ADVISOR - NO REPRESEN'rA'rION OR RECOMMENDA'l'ION IS MADE BY S'l'J~WAnT 'l'rl'J.JE HISUHANCE COMPANY AND/on -.STFYART TTl1.F. ~IJARANIY..()'JofPANY _ CONCEIUHNG TilE LEGAL SUFFICIENCY AND/OR TAX CONSEQUENCES OF 'rillS DOCUMEN'1'. YOU MAY BE REQUIRED 1'0 FILE A COpy OF 'rillS DOCUMEN1' Wl'rll TilE IN1'ERNAL REVENUE SERVICE. 1'HESE AHE QUESTIONS FOIl YOun A'l"l'ORNEY OR 'I'AX ADVISOH. s'rATE OF FLORIDA COUNTY OF .PlNELlAS 'l'he foreqoing instrument was acknowledged 1999 by GEORGE W. STONE, TRUsrEE . who has produced who did take an oath. '-7U--t1- . before me this )44- d~y of_'-MAV- as identification and My commission Expires: ~~ Q,6hgl---- t 'ARY PUBLIC' ~~." '" ,. o _ Z n DEBRA A. BORGH Notary Public, StlI. 01 florida t.ly Commission bpi'" Jan. 30, 2001 Commission' CC5t7H7 ". ! 1 I AUTHORIZATION AND ACKNOWLEDGEMENT FORM DATE: FILE NO.: 99010086 LEGAL: SEE EXHIBIT A SELLER: GEORGE W. STONE, TRUSTEE BUYER: CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETTLEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this day of, 19. We further acknowledge that we understand utility bills are not included in this statement and that the proration of taxes as shown in the statement of actual cost is based on the latest information available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, ascertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company of Clearwater, Inc. Stewart Title of Clearwater will not be held responsible. THAT ALL UTILITY BILLS (WATER, SEWER, ELECTRIC, MAINTENANCE FEES) HAVE BEEN PAID OR WILL BE PAID UPON RECEIPT OF FINAL BILLS. ~INITIALS INITIALS INITIALS INITIALS SELLER'S BUYER'S CITY OF CLEARWATER, FLORIDA, ~;t ~~~~EE SELLER'S FORWARDING ADDRESS: f O. {}yA- i78lJ10 (Q~~) _111 iQ ~ I r L- ?:J.../lDtL.. HOME PHONE# BUYER'S FORWARDING ADDRESS: HOME PHONE# WORK PHONE# WORK PHONE# THIS IS TO FURTHER AUTHORIZE TO APPROVE ANY CHANGES NECESSARY TO THE CLOSING STATEMENT. STEWART TITLE OF CLEARWATER, INC. BY: ,;oJ . ' _ This Instrument Prepared by a,nd Retur1to: MARIANNE SCHAFFER of STEW ART TITLE OF CLEARWATER, INC. 1290 Court Street Clearwater, Florida 33756 I as a necessary incident to the fulfillment of conditions contained in a title insurance commitment issued by it. Property Appraisers Parcel Identification (Folio) Number(s): 15-29-15-00000-210-0700 TRUSTEE AFFIDAVIT FILE NO: 99010086 STATE OF Florida COUNTY OF Citrus Before me, the undersigned, authority, duly commissioned by the laws of Florida, on the ;l. <t:i- t, day of April , 19 99, personlly appeared SUNTRUST BANK, Nature Coast, by: who having been first duly sworn deposes and says: /Successor 1. Affiant is the Trustee of the Mari tal Trust as established by Article VI of the Last Will and Testament of Ira A. Desper, dated March 9, 1989 as evidenced by ~xXBf the Trust~. 2. The following property is included in the Trust: See Attached Schedule "A" 3. Affiant has full power and authority to sell and or mortgage the above described property as evidenced by IWxxxxx~the Trust (aUoobe14) and no contrary powers or restrictions appear in the trust document. 4. The Trust is in full force and effect and has been during the period of ownership of the above described property. THIS AFFIDAVIT IS MADE WITH THE FULL KNOWLEDGE THAT STEWART TITLE OF CLEARWATER, INC. WILL RELY ON THE TRUTH OF THE STATEMENTS MADE IN THIS AFFIDAVIT TO INDUCE SAID COMPANY TO ISSUE A POllCY OF TITLE INSURANCE. BAN , Nature Coast, a;;; Succes the Ira A. Desper Marital Trust by:"'vic!.-- PR~/lJcNrrJ TftuO- DFF~CER Sworn to and subscribed before me this 2E -II- day of SUNTRUST BANK, Nature CoastJ---- who is personally known to me or who has produced driver license(s) as identification. April 19 99, by ,~ Craig H Coppedge *.*My CommIssIon CC738879 \;....:1 expires April 28, 2002 1!ttJ~ Notary Pub ic Serial Number My Commission expires: ." ~ . ! ..d.;AL DtSCRIPT ION: , A PARCEL Of LAND BE ING A POR~ON ~ THAT CERTAIN PROPERTY DESCRIB 0 AS PARCEL I I IN OFF ICIAL RECORDS BOOK 9956. PAGE 1415 ~ THE PUBLIC RECORDS or PINELLAS COUNTY, FLORIDA, LYING WITHIN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 29 SOUTH. RANGE IS EAST. CITY OF .CLEARWATER. PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CCMv€NCE AT THE SOUTtMST CORNER ~ THE NORTHEAST 1/4 OF THE NORTtMST 1/4 Of SECTION IS, TC7NNSHIP 29 SOUTH. RANGE IS EAST. CITY Of CLEARWATER. PINELLAS COUNTY, FLORIDA: THENCE S 89.IZ'OS" E. ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION IS (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION). FOR 66S.~6 FEET TO THE SOUTHEAST CORNER Of THE WEST 1/2 Of SAID NORTHEAST I I~ OF' THE NORTHtt'EST I I" OF SECT I ON 15, S~ ALSO BE I NG THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956, PAGE 1415 OF TK: PueLIC RECORDS OF P INELLAS COUNTY. FLORIDA. SM€ ALSO BE INO THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219, PAGE 346 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE LEAVING SAID SOUTH BOUNDARY LINE Of THE NORTHEAST 1/4 Of THE NORTKftEST 1/4 Of" SECTION IS, N 00.00'08- W. AlOHG THE EAST BOUNDARY LINE OF SAID WEST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION IS. SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RECORDS BOOK 3219, PAGE 346. SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415, FOR 52.68 FEET TO THE NORTHERN MOST BOUNDARY CORNER Of SAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RECORDS BOOK 3219. PAGE 346. SAME ALSO BEING THE POINT or BEGINNING; THENCE CONTINUE N 00.00'08. W, ALONG SAID EAST BOUNDARY L I HE Of THE WEST 1/2 OF THE NORTHEAST I I~ OF THE NOR1JMST 1/4 OF SECT! ON 15, SM'E ALSO BEING SAID EAST BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 141S. FOR I II .84 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 141S, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER or THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915, PAGE 103 OF THE PVBLI C RECORDS Of PI NELLAS COUNTY, FLOR IDA: THENCE LEAV I NG SA I D EAST BOUNDARY L I HE Of THE WEST I/Z OF TliE NORTHEAST 1/4 ~ Tl€ NORTHWEST 1/4 OF SECTION IS, " 89.12'05- W. ALONG THE NORTH BOUNDARY LINE OF SAID CERTAIN PRoPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 99S6, PAGE 1415. SMIE ALSO BEING THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK giS, PAGE 103. fOR 4.70 FEET TO THE SOUTHW(ST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 91S. PAGE 103: THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OfFICIAL RECORDS BOOK 9956. PAGE 1415. S 03.08'5'".. FOR 164.64 FEET TO THE NORTHEAST BQI.H)ARY CORNER OF LOT I. REVISED MAP Of R.H. PADGETT'S SUBDIVISION. AS RECORDED IN PLAT BOOK 4. PAGE 32 or THE PUBLIC RECORDS or PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415. SAME ALSO BEING A~ORESAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 or THE NORTHWEST 1/4 OF SECTION IS: THENCE $ 89.IZ'OS' E. ALONG SAID SOUTH BOUNDARY LINE Of THE NORTHEAST 1/4 or THE NORTHWEST 1/4 OF SECTION 15. SAME ALSO BEING SAID SOUTH BOUNDARY LINE OF SAID CERTAIN PRoPERTY DESCRIBED AS PARCEL I I IN OfFICIAL RECORDS BOOK 9956. PAGE 1415. FOR 5.05 FEET TO THE SOUTHWEST BOUNDARY CORNER Of AFORESAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RE~ORDS BOO~ 3219. PAGE 346; THENCE LEAVING $AID SOU1H BOUNDARY LINE or THE NORTHEAST 1/4 or THE NORTHWEST 1/4 or SECTION 15. N 09.Z3'45- E. ALONG THE WEST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219. PAGE 346. fOR 53.27 FEET TO THE POINT Of BEGINNING AND CONTAINING I,ZB9 SQUARE FEET OR 0.0296 ACRES. MORE OR LESS. 'lJ.is Ins/rument Prepared by and Return to: MARIANNE SCHAFFER I <.Ji STEWART TITLE OF CLEARWAn.\, INC. 1290 Court Street Clearwater, Florida 33756 a as a necessary incident to the fulfillment of conditions contained in a title insurance commitment issued by it. Properly Appraisers Parcel Identification (Folio) Number(s): 15-29-15-00000-210-0700 TRUSTEE AFFIDAVIT FILE NO: 99010086 STATE OF Florida COUNTY OF pinellas Before me, the undersigned, authority, duly commissioned by the laws of Florida, on the I sJ-" day of ~~ 19 99, person1ly appeared GEORGE W. STONE who having been first duly sworn deposes and says: 1. Affiant is the Trustee of the J. O. STONE GRANDCHILDREN'S TRUST as evidenced by~Kg~xxXXXN}(he Trust (XK!~. 2. The following property is included in the Trust: See Attached Schedule "A" 3. Affiant has full power and authority to sell and or mortgage the above described property as evidenced byctsK~XX~the Trust tat~~ and no contrary powers or restrictions appear in the trust document. 4. The Trust is in full force and effect and has been during the period of ownership of the above described property. THIS AFFIDAVIT IS MADE WITH THE FULL KNOWLEDGE THAT STEWART TITLE OF CLEARWATER, INC. WILL RELY ON THE TRUTH OF THE STATEMENTS MADE IN THIS AFFIDAVIT TO INDUCE SAID COMPANY TO ISSUE A POLICY OF TITLE INSURANCE. ~~~~~ Sworn to and subscribed before me this J 54-- day of ~ 19 99 ,by GEORGE W. STONE who is personally known to me or who has produced driver license(s) as identification. My Commission expires: ~~dL~~: (JuPMrf Notary Public Serial Number ---.... ~~"G- ... ,. o - ,. n \ DEBRA A. BORG~I . j Public Slale 01 Fh:,lt . ~~mlaslon ilpil" J.... 10. "J' Y COIII"",.iOn . CC59h~~ ' ---......... . ~ I I LE.GAl.. Dt.SCR I P1 ION: A PARCEL Of LAND BEING A PORTION OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415 Of THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. lYING WITHIN THE WEST 1/2 OF . THE NORTHEAST 1/4 rF THE NORTK'NEST 1/4 Of SECTION I~, TOWNSHIP 29 SOUTH. RANGE I~ EAST. cln OF CL~ATER, PINELLAS COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: CCMvENCE AT THE SOUTHN(ST CORNER OF THE NORTHEAST 1/4 OF THE NORTKNEST 1/4 OF SECTION 15. TCfNNSHIP 29 SOUTH. RANGE 15 EAST. CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA; THENCE S 89-12'05' E. ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION 15 (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION), FOR 665.46 FEET TO THE SOUTHEAST CORNER OF THE WEST 1/2 OF ~AID NORTHEAST 1/4 Of THE NORTtMST 1/4 Of SECTION 15, SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 1415 OF THE PUBLIC RECORDS Of PINELLAS COUNTY. FLORIDA. SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RECORDS BOOK 3219, PAGE 346 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, N 00-00'08- W. ALONG THE EAST BOUNDARY LINE Of. SAID WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 rF SECTION I~. SAME ALSO BEING THE EAST BOUNDARY LINE Of SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219. PAGE 346. SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415, fOR 52.68 fEET TO THE NORTHERN MOST BOUNDARY CORNER Of SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3219, PAGE 346. SAME ALSO BEING THE POINT OF BEGINNING: THENCE CONTINUE N 00-00'08- W, ALONG SAID EAST BOU~DARY L1~ Of THE WEST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION 15. SM'( ALSO BEING SAID EAST BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFfiCIAL RECORDS BOOK 9956. PAGE I~IS. fOR 111.84 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415. SAME ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915. PAGE 103 OF THE PueLIC RECORDS or PINELLAS COUNTY. FLORIDA: THENCE LEAVING SAID EAST BOUNDARY LINE OF THE WEST 1/2 OF THE NORTHEAST I/e OF ra: NORTtft'EST 1/4 OF SECTION 15. N 89-12'05- W. ALONG THE NORTH BOUNDARY LINE OF SAID CERTAIN PRoPERTY DESCRIBED AS PARCEL II IN OffICIAL RECORDS BOOK 9956, PAGE 1415. SAME ALSO BE ING THE SOUTH BOUNDARY LINE OF SAID CERTAIN PRoPERTY AS DESCRIBED IN DEED BOOK 915. PAGE 103. FOR 4.70 ftET TO THE SOUT~STBOUNDARY CORNER OF SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 91~. PAGE 103: THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OFFICIAL RECORDS BOOK 9956. PAGE 1415. S 03.08'~60 W. fOR 164.64 fEET TO THE NORTHEAST BOtN>ARY CORNER rF LOT I. REV I SED MAP OF R.H. PADGETT'S SUBD I V I S ION. AS RECORDED I N PLAT BOOK 4. PAGE 32 OF THE PU8LIC RECORDS OF PIHELLAS COUNTY, FLORIDA. SM'( ALSO BEING THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PRoPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415. SAME ALSO BEING AFORESAID SOUTH BOUNDARY liNE or THE NORTHEAST 1/4 Of THE NORTHWEST 1/4 Of SECTION I~: THENCE S 89- Il'O~o E. ALONG SAID SOUTH BOUNDARY LINE Of THE NORTHEAST 1/4 OF THE NORTHW[ST 1/4 or SECTION 15. SAME ALSO BEING SAID SOUTH BOUNDARY LINE Of SAID CERTAIN PROPERTY DESCRIBED AS PARCEL I I IN OfFICIAL RECORDS BOOK 9956. PAGE 1415. fOR 5.05 FEET TO THE SOUTHWEST BOUNDARY CORNER OF AFORESAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL REOORDS BOOK 3219. PAGE 346: THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 or THE HQRTHW[ST 1/4 OF SECTION 15. N 09.23'450 E. ALONG THE WEST BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFfiCIAL RECORDS BOOK 3219. PAGE )46. ~OR 53.27 FEET TO THE POINT or BEGINNING AND CONTAINING I.Z89 SQUARE FEET OR 0.Ol96 ACRES. MORE OR LESS. I I INFORMATION FOR REAL ESTATE 1099 REPORT FILING as Required by the Internal Revenue Service Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information to the IRS on real estate transactions. From the information you provide below, a Form 1099-S will be produced and a copy of it will be furnished to the I.R.S. If you fail to furnish adequate information (in particular, a taxpayer ID number), then you will be subject to all I.R.S. Regulations, including the possible withholding of twenty percent (20%) of the current sales price. FILE NO: 99010086 TAXPAYER I.D. # SELLER NAME: GEORGE W. STONE, TRUSTEE Other (Name of Entity): MAILING ADDRESS Street: f O. -.b')'f..... City: C:~(^j'Pf\t~ (rgl2 () fL State: Zip Code: J Y ltJ~ -z-- TRANSACTION INFORMATION Closing Date: Description of Property: MADISON AVENUE Contract Sales Price: $ 9 , 023 . 00 Hud Line 406 Hud Line 407 Total Seller Tax Credit - $ 0.00 If multiple Sellers - Request is hereby made that you allocate the sales price among the sellers as follows: Has the seller received (or will receive) property (other than cash and consideration treated as cash) or services as part of the consideration for this transaction? (YES or NO) CERTIFICATION Under penalties of perjury, I certify that the number shown on this form is my correct Taxpayer Identification Number. I also certify that the other information shown herein is correct. I ACKNOWLEDGE RECEIPT OF A COpy OF THIS FORM. DATE: (p ) I )qq sel~~ SETTLEMENT AGENT INFORMATION STEWART TITLE OF CLEARWATER, INC. 1290 Court Street Clearwater, Florida 33756 (727)441-2689 Taxpayer I.D. Number 59-1433918 SUBSTITUTE FORM 1099 This is important Tax Information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ... .-. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Completion of this form checked by 'TolsE FILLED IN PERSONALL 1 DY SEL.LER on !30RROWER IN '.IIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEOTS, LIENS, AND POSSESSION USE 8EPAnATE FonM Fon EACII.l*-'!'!Y~ 'f.'''''' ..., GEORGE W. STONE, TRUSTEE SEE EXHIBIT.A Seller or Owner-Dorrower Contraclor (Ir new con.lruclloll) ., I'urchuer penonally known 10 me 10 be Ihe penon who.e nlme I. .ub.crlbed herelo, and upon hi. ollh depo.es and uY': I, Ihe seller, owner-borrower, and/or contraclor, repre.enl 10 Ihe purchuer and/or lender In Ihl. tranucllon Ih,1 10 my knowledge Ihere arc: ./. I. No IInpald debl. for plumbing flxlures, waler healeu, noor (urnllce., air condltlonera, radio or lelevlslon an- Icnnae, carpellng, rugs, lawn sprinkling .y.lems, venellan blinds, window .hadca, drlperlea, eleclrlc applllllcCI, rCllces, slreel I,avlng, or any Ileuonalllroperly or flxlures Ihal Dre localed on Ihe .ubJecI prollerly deacribed above, and IhRI no such Items hRve been purcluued on lime IJaymenl contracls, and Ihere Rre no .ecurily Inlcresh on .lIch properly .ccured by a financing "alemenl, .ecmlly asreemenl or olherwlse excepl Ihe following: (If none, 10 II ale.) NAME AND ADDIlESS OF SECURED PARTY Approllmate Amounl . 1. No loalls of any kind on uld properly excepl Ihe following: (If none, 10 Ilale.) NAME ANI) ADDRESS OF CREDITOR Approllmale Amounl I ; 3. All lobor and malerlal used In Ihe construction of Improvemenls or repaln on Ihe above described properly hRve been pRld for Rnd Ihere are now no unpaid labor or malerlal claims I,alnll Ihe Imllrovemenls or Ihe prollerly \lIIon which Sftme are silualecl, and I hereby declare lhal all lunu of money due for Ihe erecllon of Improvemenls or re(lRlrs have been fully paid Ind SBllsfied, excel'l: (If 1I0ne, 10 .llIe.) NAME AND A[)UHESS OF SUPPLIER OF LADOIl, SERVICES OR MATEIlIAI.S Approximate Amount " 4. I, Ihe purchaser, represenl Ihal I have no knowledge or Rny debts or liens of any kind olher Ihnn Ihole lisled above, excepl: (If nOlle, so IIIlle.) NAME AND ADIJnESS OF SECUnED rAlnV, CIlEDITOR, SUrl'UER OF LADOn OR MA l"ERIALS Approllmlle Amounl S. I, Ihe owner-borrower, or purchaser, havc nol been given notice or lhe furnishing or Inlenllo furnish any labor, .ervlces, or malerlals In connecllon wllh Iny Improvemenls or repairs 10 nld properly horn any penon or nrnll, . excel'l: (If none, .0 .Iale.) SUI'rI.lER OR LADUR, SEItVICES Ult MATERIALS AUDRESS 6. I, Ihe undersigned owner, fU!lher cer!lfy 1111'1.1 Ihe real eslale Iud I'ersonall'rol'erty above described are illlhe aClunlpossessiun of Ihe undersigned and Is nollnlhe possession, aclual ur construcllve, of any person, perso"" or organilDiions hulding or claiming same, adversely 10 Ihe undersigned under conlrRcl, lease. or Rny olher color ur lille or rlghl of possession. lhe Improvemenls or tepalu 10 laid properly are now coml'leled Ind have been accelJled by purchaaer and/or owner-borrower. INDEMNITY: I, TilE SELLER, OWNER-DOIlRO\VER, AND/OR CONTRACTOR, AORI!I! TO I'A Y ON DEMAND TO TJlll I'UIlCIIASEIlS AND/OR I.l!NDllR IN TillS TRANSACTION, THEm SUCCl!SSOIlS ANn ASSIGNS, ALL AMOUNTS SECllllED IIY ANV ANI> ALL 1.I1!NS NOT SHOWN AIlOVE, TOOETHr..n WITII ALL COSTS, LOSS AU!) ATHJIlNEY'S FEES THAT SAID l'AllTIl!S MA v INCUn IN CONNI!CTION WITH SUCII UNMENTlllNElJ LIENS, I'I\OVII)EI> SAil> LIENS EITIIHIl CtlRRI!NTLY API'L V TO SUIJJECT pnOI'lHlTY, on A I'Aln TIIEIll!- OF, on AilE SlJlJSEQUENTLY ESTAIJl.lSlIlH) AGAINST SAIl> l'IH>rEIlTY ANI> ARI! CIlEATEU IJV ME, KNOWN TO ME Oil IIA VE AN INCEPTION UATI! I'RIOR TO Till! coNSUMMATION OF TillS TRANSACTION. I reaUze Ihal Ihe purchaser and/or lellder IlIlhls IrlnJlcllon ate relylns olllhe representallon conlalned herein In purchasing IImc or lending money Ihereon alld would nol purchase lime or lend money lhereon unless IIld repre.enlallon. were made. ~'1'1: Q&"~ STONE TRUSTEE SWORN TO AND SUDSCRIDED DI!PORI! MI! TillS -1Lday or ~H?I- ClAst!Hp . Nolary Public In and ror Tn"~~ T . ~ Counly, ~cru.,tt..L , 19 99 DEBRA A. BORGH ~"G. ~fol Public Slall 01 Florida My Com"II(j 1!x fU1r.... ':!II2001 r"T "'" T "'. Z n Commil!o('n , CC~97~67 ~ EXHIBIT 1 I ~ CERTIFICATION FOR NO INFORMATION REPORTING ON THE SALE OR EXCHANGE OF A PRINCIPAL RESIDENCE This form may be completed by the seller of a principal residence. This information is necessary to deternline whether the sale or exchange should be reported to the seller, and to the Internal Revenue Service on Form 1099-S, Proceeds From Real Estate Transactions. If the seller properly completes Parts I and Part III, and makes a "yes" response to assurances (I) through (4) in Part II, no information reporting to the seller or to the Service will be required for that seller. The term "seller" includes each owner ofthe residence that is sold or exchanged. Thus, if a residence has more than one owner, a real estate reporting person must either obtain a certification from each owner (whether married or not) or file an information return and furnish a payee statement for any owner that does not make. the certification. Part I. Seller Information I. Name GEORGE W. S'IONE, 1RUSTEE 2. Address or legal description (including city, state, and ZIP code) of residence being sold or exchanged. SEE EXHIBIT A 3. Taxpayer Identification Number (TIN) Part II. Seller Assurances Check "yes" or "no" for assurances (I) through (4) Yes No (I) I owned and used the residence as my principal residence for periods aggregating 2 years or more during the 5-year period ending on the date of the sale or exchange of the residence. (2) I have not sold or exchanged another principal residence during the 2-year period ending on the date of the sale or exchange of the residence (not taking into account any sale or exchange before May 7, 1997). (3) No portion of the residence has been used for business or rental purposes by' me (or my spouse if I am married) after May 6, 1997. (4) At least one of the following three statements applies: The sale or exchange is of the entire residence for $250,000 or less. OR I am married, the sale or exchange is of the entire residence for $500,000 or less, and the gain on the sale or exchange of the entire residence is $250,000 or less. QR I am married, the sale or exchange is of the entire residence for $500,000 or less, and (a) I intend to file a joint return for the year of the sale or exchange, (b) my spouse also used the residence as his or her principal residence for periods aggregating 2 years or more during the 5 year period ending on the date of the sale or exchange of the residence, and (c) my spouse also has not sold or exchanged another principal residence during the 2-year period ending on the, date of the sale or exchange of the residence (not taking into account any sale or exchange before May 7, 1997). Part III. Seller Certification (g~ HI Date ~~ , F it~ 9\}Q 1 G:l86 L. SE'fTLEl\}ENT CHARGES I PAID FROM PAID FROM BORROWER'S SELLER'S 700. TOTAL SALES/BROKER'S COMMISION Based on $ FUNDS FUNDS @ %= AT SETTLEMENT AT SETTLEMENT Division of Commission (line 700) as follows: 701. $ to 702. $ to 703. Commission paid at settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination fee % 802. Loan Discount % 803. Appraisal fee to 804. Credit Report to 805. Lender's inspection fee to 806. Mortgage Insurance application fee to 807. Assumption Fee to 808. to 809. to 810. to 811. to 812. to 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Interest from to @$ /day 902. Mortgage insurance premium for mo. to 903. Hazard insurance premium for yrs. to 904. yrs. to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance mo.@$ per mo. 1002. Mortgage insurance mo.@$ per mo. 1003. City property taxes mo.@$ per mo. 1004. County property taxes mo.@$ per mo. 1005. Annual assessments (Main!.) mo.@$ per mo. 1006. mo.@$ per mo. 1007. mo.@$ per mo. 1008. mo.@$ per mo. 1100. TITLE CHARGES: 1101. Settlement or closing fee to STC 50.00 1102. Abstract or title search to STC 100.00 1103. Title examination to STC 45.00 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fee to 1107. Attorney's fee to to (includes above items No.: 1108. Title insurance to STEWART TITLE OF CLEARWATER 100.00 (includes above items No.: ) 11 09. Lender's coverage 0.00 $ 100.00 1110. Owner's coverage $ 1111. to 1112. fl risk rate ($ 100) 1113. to 1114. to 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 60.00 Mrtg $ ReI. $ 60.00 1202. City/county tax/stamps: Deed $ Mrtg $ 1203. State tax/stamps: Deed $ 64.40 Mrtg $ 64.40 1204. RECORD 2 TRUSTEES AFFIDAVITS to CLERK OF THE CIRCUIT COURT 21.00 1205. to 1206. to 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. to 1304. to 1305. to 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 440.40 CERTlFlCA TION: I have carefully reviewed the ~\tlement St~~~ beSI of my knowledge and belier, it is a true and C/latement of all receiP~~t~ m~e on my accounl or by me in this transaction. I furt ~ify tha~ve receiv~ cop UD-. Seule nl Sla . J I'l. I A - /- I ../ { &iI? L".F ~ 'l (jf! orl!e Iv.' ~tone 'lrustee Borrowers Jlr'T'l<'l . Sellers '-..J C IT OF ClEARW R BY. EARL BARREIT To the best o~.my knowledge, the HUD-l Settlement Stateme".t,~~~~h,,~ ,~_v~..P_~iS a true and accurate account of the funds which Wl:re received and have been or will be disbursed by the undersigned as part of the settlement of this U'3nsacrion. .'~ ~ '-.' JUNE 1, 1999 nf"A~nt Date SELl.ER'S AND/OR PURCHASER'.S STATEMENT s and Purchaser's signalllre hereon ac~WledKeS hIS/tl1ei~rpVal of I'll' Rror~li l!S and~i niijes their und~r~t;ing Ih~tWororations W~\f basCII on taxes foOhe preceding year, r elil~ateli.f!}t the current ye~r, and I~ the e.l(enl of a e fQr the current yea,i, all """essary ~s nTs I11\lSl be belween ~lIer Pun; r' likeWIse any. de.a!on ~elon enlta~e~ WI be rell1)bursed 10 Tille I,.ompany by . ~e er. Tlfle compank, on lls c~aclty as pscro,/! .' I and has been autnonied IQ de~$lr a. $ II rec~lyeli.}g t s transaclion on~ '~ 'll$lilVliop, whether a I lated Qr ot. Such linanc[alll\Slilullon may pro.vlde ule O~lY compule accOlll1.t\n and audll ;iervleel Ill)' or thro)J2,h lJ s!;parrree~lty Ich, If a lIiated With Tltlt~an~rnaY c ge In;IJlClal instItution reas.p le,and jljDer...so~nsatlOR the~rore a.nd retain ~ny profits t refrr.; rly e~clow ees pa'd b any ~nvo ved on 's ",",saclion Shat' on y or c ~k~ntin~ancj~ i', UIIQ lI1e co Ie s, but oot 0", a preSatat~cot;,ling and aUdlt=rvlc~s. Ille CO any sha .not be li~ble for lUJy onte~eSl or 01 r c ei,on the e~rneSf Inone and be under (lO ,tv Jo onv~st or reonvesl s.tv: by" at 'L\I Sellers n; here ackoowl Xl': COl\Seql tQ lI1e It 0 lliI' escr w money In fin;IQCI~llnslllullons WJ)h w I~h It Lomp~y has or m~y' ave.~ r I~ ~ation$tllgf ~Q furtber consent n ~d retc!ntlon 6-T11 e Company lor Its I iates any am a rbene Its (lIlcludmg tageous mterest rates oh oans) Title Company and or its a ft~~~~rt%:y,ca~~~l~3rn,~~boV~~~te~~t.'~~~nr~ ~~~~ rJcU~i~~J~~~:'~ ~:~erY:e~r:~o ~~I and recognize Title Co"1>any is relying on the same. P.urdlltllerS/ /Borrowers Sellers ClTY OF CLEARWAl.l:~.:1{ lW: tAJ{L J)A.RRt:n GEORGE TN. STONE, TRIISTFF W ARNlNG: II is a crime 10 kno\l'lngly make false statement! 10 Ih. Unlled Slates on this or any other similar fonn. Penalties upon ~nvltlloa tan Intlude _ nne and Imprisonment. For detAIls set: lll1e 18: U.S. Code Sec::tIon 1001 and Secllon tOl0.