Loading...
RALPH MUNYAN JR ., . . ,. ".- " I 'R~:~rn to: (enclose self-addressed stampel envelope) ~". . N:..~ne: " S':'~W~RT TITLE OF CLEARWA'fER, INC. ~ , SO Add:css: 1290 Court Street t I () I [JiI. Clearwater, Florida 33756. . 'p2,t:;sr his Instrument Prepared by: MARIANNE SCHAFFER 50 of STEWARTTITLEOFCLEARWA~R,INC.. g 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): 15-29-15-65214-005-0200 Grantee(s) 5.5.#(s): FILE NO: 98100005 1 RP..cO!mIN(. illi'''c I 6;1SQ. iDS cZ8',Oi) Ilkt iFEBS ~ MtF :Pre REV '---_- I INST # 98~346603 OCT 291 1998 3:10PM 2~t.. PINELLAS COUNTY FLA. OFF.REC.BK 10286 PG 1194 WARRANTY DEED (The terms "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates.) - Tins Warranty Deed Made this 27th day of Octop'er -. RALPH W. MUNYAN, JR. , a married man, A.D. 19 98, by ~t;.tqff,~Owhose marital status is: married moL hereinafter called the grantor, whose post office address is: 1..0 t.n " CV) CV) ~ ~ ~ ! . E-l CI) ~ 8 o 0"'1 N M ~ ~ U ~ o ~ o u ~ H E-l E-l ~ CI) g ~ p::: [@ <:t: Cl 8 ~ p::: to CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation whosepostofticeaddressis: P. O. Box 4748, Clearwater, Florida 33758-4748 hereinafter 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, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: The North Twenty (20) feet of Lot 20 of Revised Map of R.H. Padgett's Subdivision, Resub of Lots 2 and 5, according to plat thereof as recorded in Plat Book 4, Page 32, Public Records of Pinellas County, Florida. Subject property is NOT THE HOMESTEAD OF GRANTOR HEREIN; he in fact resides at: ~C.lj cL H~fZ-l:?on.. /-I///I K?tZ. L6rJO rL- ~..37 70 This conveyance is made for "RIGHT-OF-WAY PURPOSESII Documentary Tax Pd. $ ,2g', tJD $ _ Intangiblf) Tax Po Karlwrl F Do Blaker, elm , Fir;~)E:},:, County By Deputy Clerk 2Cl12519 PAD 10-29-1998 14:54:19 01 DED-CITY OF CLEARWATER RECORDING 1 $10.50 DOC- STA"P - DR219 3 $28.00 TOTAL: CHECK A"T.TENDERED: CHANGE: $38.50 $38.50 $.00 Page 1 of 2 /2'0 /?~/I 2~~n, . '-. ~ ... I , < \. I PINELEAS COUNTY FLA OFF.REC.BK 10286 PG 1195 ~ .. This property [t(! [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 97, 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. Signed, Sealed and Delivered in Our Presence: Witness Signature: :::::::~::.~~~- Witness Printed Natle: RONALD E. SOMERS w;,.,,, s~",,"re~k~ //" ~ Witness Printed Name: REBEC A C. PIERCE ~~~Y RALPH W. MUNYAN, JR: (Seal) (Seal) (Seal) Witness Signature: Witness Printed Name: (Seal) STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 27th day of October by RALPH W. MUNYAN, JR. a married man, ,19 98 tfj......""" OFFICIAL NOTARY SEAL f\V""~ o~p::"......,~~(" Ronald E, Somers !://tb.":')~ COMMISSION NUMBER \~&i~ CC 782274 \<~o~''''''9$7 MY COMMISSION EXP ...."hllllrl}.l NOVEMBER 7, 2002 )@4~~~M~~/l('X<<KOO](OCNr who has/have produced driver license(s) as identifi My Commission expires: Printed .me: Notary Public Serial Number: 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: Page 2 of2 ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS "If you want information about cover~ge or nel'ld assistance to resolve complaints, please call 1-800-729-1902. yO\! must furnish.. written I1<)tice in accordance with Section 3 of the Conditions and StiPtllations'''1 yisit our World-Wide Vl!.eb site at: httO:llwww.stewart.c&n _ '.. If you make a claim under your policy, .... - - - - - -- -- -+- -~ /., POLICY OF TITLE INSURANCE ISSUED BY .; "' STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures," of Date of Policy.ishown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustainEldor 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. Lack of a right of access to and<ft?1l1 The Company will also pay the costs, aftorTWtySHees 8nd eXperiseS... 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 shOWn in Schedule A. .~ ;.;0 J'~~ ur~ in defense of the title, as insured, but only STE,WART TITLE Gll'AaANTY COMI'AlfY Company ~t f f . E~NSFROMCOVJ:RAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or t expenses which arise by reason of: t 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; (il) the character, dimensions or location of any improvement now or t 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 t part; or (iv) environmental protection, or the effect of any violation()fmeselaws~ ordinances or governmental regulations, except to the extent that a notice of 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 the t 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. City, State .,...".........-----.-...;.~ Page 1 of 0 2125 Policy _ _ Sanal No. 199288 ~' ,~ ~". ...,lM ;;~~ ~{~ ~1 ("::I] ~Il)~. ~<~;I] ~I~;)~ ~(~,:I>> ~I~:,)~ 1~,~:lf ~(. I) ll.~ I~ ~I~ 1)1 (~,\ );/ CONDITIONS AND STIPUlATIONS 1. DEFINITION OF TERMs. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of t~e named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant:'; an insured claiming loss or damage, (c) "knowledge" or "known"; actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land idescribed or referred to in Schedule A, and imp,rove. ments affixed thereto which by law constitute real property, The term \ land" does not include any propbrty beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy,. (e) \ mortgage ': morgage, deed of trust, trust deed, or other security instrument. I (f) "public records": records established under state statutes at Date of Pol. icy for the purpose of imparting constructive notice of matters relating to real property to purchasers for. value and without knowledge. With respect to Section l(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability ,of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF ,INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this, policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by rea san of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company may !be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, howeyer, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written reqwest by the insured and subject to the options contained in Section 6 of these Con~itions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liqble for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy, (b) The Company shall have the right, at its own cost, to institute and prose. cute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shaU exercise its righis under this paragraph, it shall do so < diUgently, . (c) Whenever the Company shall have brought an action or interposed a . defeJlse as required or permitted by the provisions of this policy, the Company ,!,CW pursue any litigation to final.dete~mi.nationb~ a c~urt of competent jurisdic. 'fioA. and expressly reserTes..the tlght,'1n Its sole discretion, to appeal from any adverse judgment or orde~. J (d) In all cases where this policy permits or requires the Compony to!rose- cute or provide for the defense of any action or proceeding, the insure shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit. nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall ter. minate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, 5. PROOF OF LOSS OR DAMAGE, In addition to and after the notices required under Section 3 of these Condi. tions and Stipulations have been provided the Company, a proof of loss or dam. age signed and sworn to by the insured claimant shall be furnished to the Com. pony within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state. to the extent possi. ble, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examinatior under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Com. pony, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF L1ABILIT Y. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay, Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. and the policy shall be surrendered to the Company for cancellation. (b ) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or dam. age provided for under this policy, together with any costs, attorneys' fees ond expenses incurred by the insured claimant which were authorized by the Com. pony up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs \b)(i) or (ii), the Company's obligations to the insured under this pol- icy for the c aimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY, This policy is a contract of indemnity against actual monetary loss or dam. age sustained or incurred by the insured claimant who has suffered loss or dam- age by reason of matters insure, against by this policy and only to the extel)t herein d\!scribed. ' .. . (continued and concluded on last page of this policy) ~ . ' 'I .. I ;I--."~--"."I-I .. SCHEDULE A FILE NO. POliCY NUMBER DATE OF POliCY October 29, 1998 3:10 PM AMOUNT OF INSURANCE 98100005 0-2125-199288 1$4,000.00 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: The North Twenty (20) feet of Lot 20 of Revised Map of R H. Padgett's Subdivision, Resub of Lots 2 and 5, according to plat thereof as recorded in Plat Book 4, Page 32, Public Records of Pinellas County, Florida For Company reference Purposes Only According to insured representation or vesting instrument(s), the street address of the property IS: Street Name: 1175 GOULD ST. City/State/Zip: CLEARWATER, FL 33756 County: Pinellas Pin/Tax #: 15-29-15-65214-005-0200 The Company does not represent or Insure the above address IS accurate STEWART TITLE Reg. D 0012 Rev. 11-91 GUARANTY COMPANY :1!~__.~~ll~\1~_.'1.~._I~_1 Policy Number: 0- 2125-199288 File No: 98100005 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 easement to the City of Clearwater, recorded in Plat Book 6228, Page 1014, of the Public Records of pinellas County, Florida. Exceptions numbered 1 and 4 are hereby deleted from the Owners Policy. I '- . t ~.. CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) (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 paragraph 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 parcels 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 af 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 mode 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 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 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 sholl 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 nome 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 sholl 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 mode 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 0 prevailing party. Judgment upon the award rendered by the Arbitrator(sl 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 ro1icy 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 sholl be addressed to the Company at P.o. Box 2029, Houston, Texas 77252-2029. STE'VAn.T TIrrLE GUARANTY COMPANY " . . ", ~ ~ -- - - - - - - - STEWART TITLE GUARANTY COMPANY ESTABLISHED 1893 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH QUALITY "'=~ - - - -+- ....... -- --- -+-- - -- - - ~ -- -- -- - -- \~I Sdt1C1ifY ql Con/roo STEWART TITLE GUARANTY COMPANY 7~ P. O. Box 2029 Houston, Texas 77252 t.i l' -+- -- -- -- --- ~~' POLICY OF TITLE INSURANCE - - - -- - -- -+-- -- - r: U.S.DEPARTMENT OF HOUSING AND URBAN ~VELOPMENT BtrYPE OF LOAN 1\. ------~._- 1. [ l FHA 2. [lFMHA' 3. [ lCONV. UNINS. See'HUD attachment(s) for ,*, items 4. [ lVA 5. [ l CONV . INS. [Xl Cash (6) ----------- 6. FILE NUMBER: 7. LOAN NUMBER: 98100005 '. 8. MTG. INS. CASE NO.: .,-,----,-_._-,-,-----~-- C.NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ("p.o.c. ") were paid outside the closing: they are shown here for information purposes and are not included in the totals. -- D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA, ADDRESS: P.O. BOX 4748, CLEARWATER, FL 33758-4748 E. NAME OF SELLER: RALPH II. MUNYAN, JR. ADDRESS: 1175 GOULD ST. SELLER TIN: -- - F. NAME OF LENDER: ADDRESS: G.PROPERTY LOCATION: NORTH 20' OF LOT 20, R. H., PADGETT'S RESUBDIVISION OF LOTS 2 AND 5 1175 GOULD ST., CLEARWATER, FL 33756 H. SETTLEMENT AGENT: STEWART TITLE OF CLEARIIATER ADDRESS: 1290 COURT ST. CLEARWATER, FL 33756 SETTLEMENT AGENT TIN: 59-1433918 PLACE OF SETTLEMENT: STEWART TITLE OF CLEARWATER I. SETTLEMENT DATE ADDRESS: 1290 COURT ST. Closing date: 10/27/98 CLEARWATER, FL 33756 Proration date: 10/27/98 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 4,000.00 40 I. Contract sales price 4,000.00 102. Personal property 402. Personal property ,------- 103. Settlement charges to borrower(line 1400) 300.50 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance: -- 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. . 111. 411. -- 112. 412. -----,~ 120. GROSS AMOUNT DUE FROM BORROWER: 420. GROSS AMOUNT DUE TO SELLER: 4,300.50 4,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit(see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. ,. 209. 509. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to -- 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER: 520. TOTAL REDUCTION IN AMOUNT: 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETILEMENT TO/FROM SELLER: 301. Gross amount due from borrower(line 120) 4,300.50 601. Gross amount due to seller(line 420) 4,000.00 302. Less amounts paid by/for borrower(line 220) 602. Less total reductions in amount due seller(line 520) 303. CASH IX FROM] rXXNX BORROWER: ").( 4,300.50 603. CASH IX TO] ~ SELLER: 4,000.00 ~ SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) 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. SELLER INSTRUCTION-If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, witll your income tax return; for other transactions, complete the applicable parts of Form 4797, Form 6252 and/or Schedule D (Form 1040). You are required by law to provide Stewart Title of Clearwater, Inc. with your correct taxpayer identification number. If you do not provide Stewart Title of Clearwater, Inc. with your correct taxpayer identification number, you may be subject to civil or criminal penalties. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. ,'rPHOID ID REQUIRED!! Seller .. , I . Fi le 98100005 L. SETTLEMENT CHA~attachment(s) for ,., item" PAID FROM PAID FROM BORROWER'S SELLER'S , FUNDS FUNDS 700. TOTAL SALES/BROKER'S COMMISION Based on $ @ %= AT SETILEMENT AT SETILEMENT Division of Commission (line 700) as follows: " 701. $ to 702. $ to n, -- 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 aoplication fee to 807. Assumotion 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.@$ oer mo. 1002. Mortgage insurance mo.@$ oer mo. 1003. City property taxes mo.@$ oer mo. 1004. County property taxes mo.@$ ocr mo. 1005. Annual assessments (Maint.) mo.@$ ocr mo. 1006. mo.@$ oer mo. 1007. mo.@$ per mo. 1008. mo.@$ oer mo. 1100. TITLE CHARGES: 1101. Settlement or closing fee to STC 50.00 1102. Abstract or title search to STC 50.00 1103. Title examination to STC 50.00 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fee to 1107. Attomey's fee to to (includes above items No.: 1108. Title insurance to STEWART TITLE OF CLEARWATER 100.00 (includes above items No.: 1109. Lender's coverage 4,000.00 $ 100.00 1110. Owner's coverage $ 1111. fl risk rate $100.00 1112. to 1113. to 1114. to 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 10.50 Mrtg $ ReI. $ 10.50 1202. City/county tax/stamps: Deed $ MrtR $ 1203. State tax/stamps: Deed $ 28.00 Mrtg $ 28.00 1204. REC. NOT SAME NAME AFF1D. to CLERK OF THE CIRCUIT COURT 6.00 1205. RECORD PART. RELEASE MTG. to CLERK OF THE CIRCUIT COURT 6.00 1206. to 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. to 1304. to 1305. to 1400. TOTAL SETILEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 300.50 CERTIFICATION: I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made 011 my account or by me in this transaction. I further certi that I have received a copy of -I Settlement State nt. , ~~ ?- ~--:;;? FlDRID BY EARL BARRETT Sellers RALPH W. MUNYAN JR. I have rerared l~ a true and accurate: account uf the funds which were ret.'eived ami have heen or will he dishuniecJ by the underl'~ as part of the settlement of this transaction, ~--- OCIUBER LI, 1~~8 Date SELLE'S D/OR PURCHASER'S STA . Seller's llnd Purchaser's ';ignature hereon ackJlOwlcdges his/I/leir~p rpya! of t'lll prorati~1JIl and signifjes I~eir understaw,ding Ih'l~oralions we'lf based on lax", for Ihe llIeceding ,year. or es.tJmate or t~e current yeilr. and Itl the e'yent allY chattr,e fQr the current year. a.1I neceSSl\fY adlusiltc;n1s m\lSt be e between sl;lIer an Pur~hil,er' Iik~wlse ilny' defa ~m delm uenUa~e$.. WI l>l; (elllJbursed to Title \.:pmpany by Ih,e ~eller ille Company. ml15 capaclI,y as ,"scro\'o' Ag~.nl. I and has been aulhorlzed IQ de~lral,1 tu ,It rec~lye.s.!Q I s lransacllon 10 any '~n<:Jal IO,I\'IUI1OO. 'Yhether a I i,aledsr I t. Sucl, tlOanqaln1,<IUulIon may pro,Ylde Title Co pany cOlllputer aCCOu.nl\l1g and audll :;ervlces l;ttrecl y or throJ.lgh a s~parille eJIlY lCh, ,f a t tated with Tille empaoy. Jllay ch~J!e e IInjl(1Cla mstJlU!lOO rea.'\Ona lie an ~pper compensallon ther~fore and retain ~ny profils therefm" Ally esc,ow fees paid 'y any parlt myo ved mlbi, lral\.<acl1ol1 '1131' onl'r be of c ,e<;kwrUin! anQ inpUIlP lhe co"'alolers. bul nol 01 a ore,aldWccoU ling and audIt 'erYic~', Ille Company, Jall,nol be liah1e for allY IIlle~e,<1 or olher arj!,es- 011 the earne"lI1oney and ,ha be ullder nO duly 10 lI1ye't or relllve, fUI ,he d by II al n.t..\1lnt. Sellers and ur~hasen here y. acknow e 'JI.e an cOI\..qllp the deposit 0 lhe e'crow money In finaQl;I.! Ills"lu"ons wlih wtl1~1 'Hie COlllPCJ.IlY IJas or may have ,O\:I1~r ,anlpng elationshlpt :Jn4 furtl,er consent 10 t~ rettnuon oyTltle tempany a lor Its affIliates of any and a rbene ncludlOg advanlageous 1I1lerest rales 011 oans) Title Company and or its aftl les Infl,}' receive frQ1U such financI3 lutlons r 850 ot their IIltena.nce of said row acCOUnts. ~ le parties have read lIe above sell . ree '1 t re' lerem are ma 8~ree to 5ame, and recognize Title Company is relYin~he ,__ Purchasers//Borrowers Sellers _' A..---~ ' CITY OF CL , RALP . MUNYAN, JR. WARNING: It Is B crime to knowln.ly make ralse5lalement! to the United State! on this or any other similar ronn. Penalties upon conridl. nil Indude a nne and Imprisonment. For details set: nUt 18: U.S. Code Section 1001 and Section 1010. ORDER NO:' 9810000L I D I S C LOS U R E We, the Owners/Purchasers of that certain real property located at: CLEARWATER, FL 33756 pinellas hereby disclose the following known to y affect the of said ;l-S /S I/;J!J;/ I HEREBY t I have no knowledge 0 any defects in said may materially affect 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. I HEREBY CERTIFY that as the buyer(s) I have inspected the above property and accept same. ~~ RALPH W. MUNYAN, JR. /'~- CITY OF CLEARWATER, FLORIDA, ~~ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before of October, 1998, by RALPH W. MUNYAN, has produced Driver License , as take an oath. CO N CC 782274 MY COMMISSION EXP NOVEMBER 7, 2002 My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument of October, 1998, by OF CLEARWATER, FLORIDA, produced Driver License an oath. was acknowledged before me this 27th day , as of CITY a Florida Municipal Corporation, who has , as identifica . id take My Commission OFFICIAL Ronald . COMMISSION NUMBER CC 782274 MY COMMISSION exp NOVEMSER 7, 2002 I I OROER NO: 98100005 " NON-FOREIGN CERTIFICATION 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 RALPH W. MUNYAN, JR. of the United States real property described as follows: 1175 Gould St., Clearwater, FL33756 the undersigned transferor certifies and declares by means of this certification, the following: (a) I (We) am (are) not non-resident alien(s) for purposes of United States income taxations and, (b) My United States taxpayer identifying number(s) (Social Security) is(are): I ( NAME SOCIAL SECURITY NUMBER RALPH W. MUNYAN, JR. 1.16Lf-;l7-S'S32- I (c) My home address is (attached additional page if necessary) (d) There are no other persons who have an ownership interest in the above-described property other than those persons set forth above in subparagraph (b). 3. The undersigned hereby further certifies and declares: (a) I (We) understand that the purchaser of the above described property intends to rely on the foregoing representations in connection with the United states Foreign Investment in Real Property Act. (94 Statute 2682 as amended). (b) I (we) understand this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained in this certification may be punished by fine, imprisonment or both. Under penalties of perjury I (we) declare I (we) have examined carefully this certification and it is true, correct and complete. ~~~~y . - RALPH W. MUNYAN, JR. (This document must be retained until the end of the fifth taxable year following the taxable year in which the transfer takes place). CONSULT YOUR ATTORNEY AND/OR TAX ADVISOR - NO REPRESENTATION OR RECOMMENDATION IS MADE BY STEWART TITLE INSURANCE COMPANY AND/OR CONCERNING THE LEGAL SUFFICIENCY AND/OR TAX CONSEQUENCES OF THIS DOCUMENT. YOU MAY BE REQUIRED TO FILE A COpy OF TillS DOCUMENT WITH TilE INTERNAL REVENUE SERVICE. TIIESE ARE QUESTIONS FOR YOUR ATTORNEY OR TAX ADVISOR. STATE OF FLORIDA COUNTY OF . PINELlAS The foreqoing instrument was acknowledged Oc tober, 1998 by' RALPH W. MUNYAN, JR. I who has produced Orivpr T.ic:pnRP who did take an oath. N OFFICIAL NOTARY SEAL Ronald E. Somers COMMISSION NUMBER CC 782274 MY COMMISSION EXP NOVEMBER 7, 2002 day of . .. My Commission Expires: , . \.0 lIj "" CV) CV) ~ ~ ~ ~ . E--l (f) ~ 8 o 0"'1 N M ~ ~ u ~ o i o u ~ H E--l ~ ~ (f) .. ~ ~ p:: ~ ~ I:LI p::: .~ This Instrument Prepar~d by and'ReturJto: REBECCA C. PIERCE of STEWART 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): 15-29-15-65214-005-0200 FILE NO: 98100005 FEDERAL TAX LIEN AFFIDAVIT ST ATE OF FLORIDA COUNTY OF PINELLAS Before me, the undersigned, authority, duly commissioned by the laws of Florida, on the 27th day of October ,1998, personally appeared RALPH W. MUNYAN, JR. Affiant, being by me first duly sworn upon his/her oath did depose and say: 1. Affiant is the owner/purchaser of the following described property: The North Twenty (20) feet of Lot 20 of Revised Map of R.H. Padgett's Subdivision, Resub of Lots 2 and 5, according to plat thereof as recorded in Plat Book 4, Page 32, Public Records of Pinellas County, Florida. 2. Affiant's attention has been called to that certain Federal Tax Lien filed against RALPH W. MUNYAN at 625 Franklin Street Clearwater, FL 33516 recorded in Official Record Book 8280 , Page 2093 , of the public records of PINELLAS County, Florida. 3. That said Federal Tax Lien is not against affiant, but against someone of similar name. 4. That affiant's social security number is 210 - 73 - 3 6 72 . " THIS AFFIDAVIT IS MADE WITH THE FULL KNOWLEDGE THAT STEWART TITLE 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. OF 9?~th/~L, RALPH W. MUNYAN, JR. I Sworn to and subscribed before me this 27th day of October RALPH W. MUNYAN, JR. X\1t~QlWXKkxJl:JlXx)x who has produced driver license s 19 98 , by My Commission expires: ~ ~K I , ,. ~cf/oooos- '. '~. '. ~-'" -'.._~. . ,.... JMuorr 18111 PINELLAS COUNTY FLA. ~ OFF.REC.BK 8280 PG 2093 "J,',~,':"",'.:i" Department o' the Treasury . IIderMI Reftnue SeMce c- ," · · , ~ ~'. ;..,~l Notice of Federal Tax Lien Under Internal Revenue Laws ' INST ,. 93-146931 MAY 24, 1993 10:27AM ,'Fom 668 M District Serial Number F<< u.. ana JACKSONVILLE, YLORIDA As provided by sectlona 6321, 6322, and 6323 of the Internal Revenue Code, notice la given that taxes (Including Interest and penalUes) have been , asseased against the following-named taxpayer. Demand for payment of this : liability haa been made, but It remains unpaid. Therefore, there Is a lien In favor of the United Statea on all property and rights to property belonging to thla taxpayer 'or the amount 0' these taxes, and additional penalties, 'Interest, and coata that may accrue. Name of Taxpayer RECORDING NUdBER:88083699' nooK: 6720 PAGE: 0142 .' \ ~it~. it,:: RALPH W. MUNYAN ,Residence 625 FRANKLIN STREET CLEARWATER, FL 33516 IMPORTANT RELEASE INFORMATION: With respect to each assessmenllisted below, unless notice 01 lien Is reliled by the dale given in column,(e), this notice shall, on the day lollowlng such dale, operate as a certificate 01 release as defined In IRC 6325(8). Tax Period Date 0' Laat Day for Unpaid Balance , Kind of Tax Ended Identifying Number Assessment Reflllng of Assessment (a) (b) (c) (d) (e) (f) 941 8403 21-0733672 10/07/85 11/06/91 4,286.19 941 8406 " 12/24/84 01/28/91 535.30 941 8609 " 08/12/85 09/11/91 2,417.70 ,940 8412 " 10/07/85 11/06/91 1,690.97 THIS CORREC ED NOTICE 0 FEDERAL TAX LIEN CORRECTS T NOTICE OF FEDERAL TAX LIEN ORIGINALLY CORDED APR L 12, 1988 IN Fr~ LLAS COUNTY OFFICIAL RE ORDS BOOK 6720, PAGE 0142, S TO "NAME F TAXPAYER." THE TAX ASSES IT SHOWN ON AND ON THE NOTICE PREV OUSLY FILED AS CITED. IS DUE FROH RALPH . MUNYAN 0 Y AND IS NOT DUE FROM SHIRLE S. Mllli"YAN. Place 0' Filing CLERK OF THE CIRCUIT COURT PI~ELLAS COUNTY CLEARWATER. FLORIDA Total $ 8,930.16 KARLEEN F. DEBLAKER, RECORD VERIFIED BY: This notice was prepared and signed at ~...~..-.... .-, Van E. O'lea! Internal ~evenue SerV1.~ P. O. ~ox 35045, stop 575t. Jaoksanv111e rL .. ' the 20th day of MAY ,19 93 Signature Title Manager. Rev. Ru!' 71~68. 1971 .2 C.B. 409) v I I SELLER'S AFFIDAVIT (GAP) STATE OF FLORIDA FILE NO: 98100005 COUNTY OF PINELLAS BEFORE ME, the undersigned, this day personally appeared RALPH W. MUNYAN, JR. , a married man, ("Affiant(s)"), who, being by me first duly sworn, says: 1. RALPH W. MUNYAN, JR. , a married man, 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- 98100005 bearing an effective date of October 13, 1998 5: 00 PM (the "Commitment"). 3. There have been to my knowledge no documents recorded in the Public Records of Pinellas County, Florida subsequent to October 13, 1998 5: 00 PM 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 27th day of October , 19 98 . <P~~ ~---:.-- .;;2. RALPH W. MUNYAN, JR. Sworn to and subscribed before me this 27th day of October RALPH W. MUNYAN, JR. , a married man, , 19 , by x~~ib}xkRR)MO{nmcU:llXwho has/have produced driver licensees) as identification. " . .;P:;;,;p(;'" OFFICIAL NOTARY SEAL My commISSIon expIres (t.../~.~:~ Ronald E. Somers ~:\~~Q~) COMMISSION NUMBER .,....i......~.'I CC 782274 Op fl.'?/ MY COMMI -.............. SSION EXP NOVEMBER 7, 2002 . TJ BE FILLED IN PERSONALL J BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY ~ RALPH W. MUNYAN, JR. Seller or Owner-Borrower 1175 GOULD ST.. CLEARWATER, F1.. 33756 Contractor (if new construction) CITY OF CLEARWATER. FlDRIDA Purchaser personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: I. the seller. owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there arc: l. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an- tennae. carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies. electric applianccs, fences, street paving, or any personal property or fixtures that arc located on the subject property described above. and that no such items have been purchased on time payment contracts, and there arc no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY t / . ffj / (1 , / . 2. No loans of any kind on said property except the following: (If none, so state.) NAME AND ADDRESS OF CREDITOR 1//:= . I ( , ~(A./ Approximate Amount Approximate Amount t.J?(U~' Ie ~/t-~ /2. ~ ~ 3: All labor and material used in the construction of improvements or repairs on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same arc situated, and I hereby declare that all sums of money due for the erection of improvements or repairs have been fully paid and satisfied, except: (If none, so state.) NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount /,,/1: k ~ /!-- , JV:a If} C- );Rk/ , 4. I. the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above. exccpt: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MATERIALS Approximate Amount S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services. or materials in connection with any improvements or repairs to said property from any person or firms, . except: (If none, so state.) SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS 6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizaiions holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or right of possession. The improvements or repairs to said property are now completed and have been accepted by purchaser and/or owner-borrower. INDEMNITY: I, THE SELLER. OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MA Y INCUR IN CONNECTION WITH SUCH UNMENTIQNED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE- OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HA VE AN INCEPTION DATE PRIOR TO THE CONSUM MA TION OF THIS TRANSACTION. I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing same or lending money thereon and would not purchase same or lend money thereon unless said representations were made. ATER FlDRIDA BY EARL BARRETT RE ME THIS 27th day of OcroBER 98 ,19_. Notary Pu .............. OFFICIAL NOTARY C::EAL '~~~ -- 4 M~tU. ......~~<, Ronald E. SOmfJI'S .~ "OF I~ . iT.!'x es':' ." He in and for County, ~. f!.'I.P..i/~ ~nal. M \...J; CC 782274 PlNEllAS I~i, D6oMMISSION NU.oFf~C;~ MY COMMIS ION EXP NOTE: Thu,lorm il 10 be ,i,nod by ..Iler in "".. 01 ...Ie. II no tale. il ~!f.:liAf', ,1 '/' lbe owncr-1KGGc7&a2l4 anusiCOUlnlClion. 'bNO\?'!PJ1B!~'J02mJ~ lorm or "in. "'PI"'O one \"~~~ MY COMMISSION t:}\.t' , "~ OF f\.,?' 2002 ~"""",'.' NOVEMBER 7. Rev. 1/88 I I AUTHORIZATION AND ACKNOWLEDGEMENT FORM .- -. DATE: October 27, 1998 FILE NO.: 98100005 LEGAL: NORTH 20 FEET OF LOT 20, of Revised Map of R.H. PADGETT'S SUBDIVISION, RESUB. OF LOTS 2 AND 5 SELLER: RALPH W. MUNYAN, JR. , a married man, 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 27th day of October, 1998. 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. /;/2. ~ INITIALS ~~ INITIALS INITIALS INITIALS SELLER'S BUYER'S CITY OF CLEARWATER, FLORIDA, ----:J ;/C~?-/~ RALPH W. MUNYAN, JR. SELLER'S FORWARDING ADDRESS: BUYER'S FORWARDING ADDRESS: 1/7j-- COl/(A 5-r elw ;/'/- 3)'7 fG HOME PHONE# ~~~-/~~7 WORK PHONE# )1?;2-- 506' '/ HOME PHONE# THIS IS TO FURTHER AUTHORIZE APPROVE ANY CHANGES ESSARY TO WORK PHONE# AI //l- THE CLOSING STATEMENT. TO STEWART INC. BY: 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: 98100005 TAXPAYER J.D. # :l6L(-;2 7- SJJ L- RALPH SELLER NAME: RALPH W. MUNYAN, JR. Other (Name of Entity): MAILING ADDRESS Street: / /1 j'- 6 0 U ()., S'-J- e IkJ ;;:: L . 3 J "7 J--- 6 City: Zip Code: State: TRANSACTION INFORMATION Closing Date: October 27, 1998 Description of Property: 1175 GOULD ST. CLEARWATER, FL 33756 Contract Sales Price: $4,000.00 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. 1 also certify that the other information shown herein is correct. I ACKNOWLEDGE RECEIPT OF A COPY OF THIS FORM. DATE: October 27, 1998 ~~h-~=' / Seller's Signature RALPH W. MUNYAN, JR. SETTLEMENT AGENT INFORMATION STEWART TITLE OF CLEARWATER, INC. 1290 Court Street Clearwater, Florida 33756 (727)441-2689 Taxpayer 1.0. 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 -/1 I PURCHASE AGREEMENT FOR RIGHT-OF-WAY PROJECT GOULD STREET THIS AGREEMENT is made between RALPH W. MUNYUN, JR., a married man, whose mailing address is 1175 Gould Street Drive, Clearwater, Fl. 34616-5720. Phone: (727) 442-5062 (herein "Seller"), and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (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 (a) Real estate or interest therein, identified as being the north twenty feet (20') of Lot 20, Block 5,. R. H. PADGETT'S RESUBDIVISION OF ORIGINAL LOTS 2 AND 5, as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas County, Florida, and being depicted in EXHIBIT ~A" attached hereto. INTEREST BEING ACQUIRED: [X] Fee simple ] Easement b) Personal property to be conveyed: None II. PURCHASE PRICE Amount to be paid by Buyer to Seller at closing......$ 4,000.00 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, executed in duplicate by Seller. 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 Buyer or collected from Seller at time of closing this transaction. 1 t I Page 2 - Gould street R/W (Munyun) (c) Seller shall deliver unencumbered title to Buyer at closing; however, Buyer shall, at Buyer's sole cost and expense, have the obligation to obtain any releases of encumbrances as Buyer may require, together with title insurance and certified parcel survey. (d) Seller authorizes, and the City agrees, to restore to the present or equal condition any of Seller's 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 provlslons inserted herein or attached hereto as addenda, and initialed by the parties, shall control all printed provisions in conflict therewith. VI. IN WITNESS WHEREOF, the Seller has caused these presents to be executed this /~lt day of ~ ' 1998. SELLER: /J)?Jfd j/r/"'tM II Print Witness name WI~ ~/~ Print Witness name :/2~~ Ralph W. Munyun, Jr. .1 -t. I 0, Page 3 - Gould Street R/W (MUnyun) 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 ~r;-'l"A ill Y'--. , 1998. issioner BUYER: ~TY OF CLEARWATE~ FLORIDA By: Michael J. Roberto, City Manager Approved as to form and correctness: Attest: - ~ John Carassas Assistant City ~ Attorney Munyun ROR Contr.0898ewb ~ I -, I " . EXHIBIT "A" ~ ~@~LFG=D Not To Scale GOULD ST. o N LOT 20 R.H. PADGETTS RESUB OF ORIG. LOT 2&5 PLA TBOOK 4 PAGE 32 NOTE: This is not a survey! CITY OF CLEARWATER. FlDRIDA PUBUC WORKS ADMINISTRATION ENGINEERING ) Ii : Clearwater From: o Interoffice Correspondence Sheet Susan Stephenson, Documents & Records Supervisor Earl Barrett, Real Estate Services Manager / ~ February 19, 2002 t.- !~ I l.' To: Date: CITY (d_, RE: Property Purchases - closing documents, etc. The following are attached for City Clerk files to document the City's recent purchase of the Clearwater Housing Authority properties at 210 South Ewing Avenue and 1620 Fulton Avenue: . Closing statement (covers both properties) . American Pioneer Title Insurance Policy No. OP-9-1708-32 (covers both purchases in total insured amount of $1,350,000) . Original Warranty Deed recorded in O.R. 11788, Pg. 1600 (210 Ewing Avenue property) · Original Warranty Deed recorded in O. R. 11788, Pg. 1607 (1620 Fulton Avenue property) · Original Satisfaction of Mortgage recorded in O. R. 11788, Pg. 1594 (represents total consideration paid for 1620 Fulton Avenue property) . A City Owned Property data sheet for each property I have copies only of various affidavits and closing documents that I will retain in my work file. Let me know if you require anything further for your files. ~1~lrr r~-- (9/~~1 (~~ / 1. ~()CJ }t-O j l ~ ~