RUTH YOUNG
----
'1
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
~
FROM:
M. A. Galbraith, Jr., City Attorney
RE:
Purchase from Estate of David Lee - Lot 9, Block 1,
W. F. Hughey's Subdivision - For future development
DATE:
December 30, 1991
The subj ect purchase was completed today, and enclosed are the
following documents:
Contract for Purchase and Sale with Addendum
Settlement Statement
Title Commitment # C-9912-762467 issued by Stewart Title
Guaranty Company
Survey
Copies of:
Personal representatives deeds
Quit claim deeds from Gladys Young, Margaret Lee, Luvenia
Evelyn, and Nancy Hickman
Information for real estate 1099-S report filing
Non-foreign certification by individual transferor
Disclosure form
Indemnity and affidavit form
Authorization and acknowledgement
I will forward the original deed and title policy when I receive
them.
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement
Return to: (enclose seff.addressed stamped envelope)
Name:
91010113
INST t 92-001289
,.Jti.N.. ," 19(:).. .',' ''2' '~61:'1
__ ___ _ _ , TAu..j. 'f I
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RAM eo FORM 8
Address:
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. \)l1L0~y: ,~,:~~.:.sT~GERMAnJ
ThiS Instrumen'}prepared by: .., ':',,,'''', " J:
C.Cd" .,'. "'., <\j
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,__PI~ELLAS COUNTY FI A
01- F . h.'EC Bk-' '77' ..,,," '" ... ·
--- .. '. ''\.. / ...J P (3 1. f37 :l.
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Address:
,"
\~~,~-;:-.I'-"~'~:: .,'
VVhi,;:~ h,S,:'lE:L,,';:
to 'Nri1ln~~ (_,,f ~J 'f~':~.2' f ~ "~~ L:: ~',.'~:,~ '.' r.
Property Appraisers Parcel Identification IFoliol Number(sl:
Grantee[s] 5.5. Its]:
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
mitis (@uit-Qtlaim ilttb. Executed this / ,zf day of December" , A.D. 19 91 ,by
RUTH YOUNG, ad Jl-~ woman, as heir to the Estate of DAVID LEE, deceased
first party, to unmarried
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. Box 4748, Clearwater, Fl. 34617-4748
second party:
(Wherever used herein the terms '1irst party" and "second party" shall include singular and plural, heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.)
BitUtssdlJ. That the said first party, for and in consideration of the sum of $ 10.00
in hand paid by the said second party, the receipt whereofis hereby acknowledged, does hereby remise, release and
quit-claim unto the said second party for(J/)er, all the right, title, interest, claim and demand which the said first
party has in and to the follouring described lot, piece or parcel of land, situate, lying and being in the County of
Pinellas , State of Florida , to-wit:
The West Two-thirds (2/3) of Lot Nine (9) of Block One (1) of W.F. HUGHEY'S
SUBDIVISION of LOT 8 OF R.H. PADGETT'S SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 1, Page 70 of the Public Records of
Pinella~ County, Florida. Being the same property as described in Deed Book 250,
Page2z4 of tne Public Re~ord9 of Pinel 1, as County, Florida.
Parcel no. 15/29/15/41688/001/0090 f'
Grantors social sec. II / ~ :1 J .-)!L. j 31- b (RUTH)
J"
This is a deed of convenience, consideration less than $100.00.
Property is not the principal residence of the Grantor, she in fact resides at:
i 1~ tJ~/ J1; r f'1/YY}Q, 'm4-, 021;39
Subject to taxes accruing subsequent to December 31, 1990, and all easements and
restrictions of record.
mn )lant aub tn )lnlb The same together with all and singular the appurtenances thereunto belonging
on in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatso(J/)er of the said
first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever.
1Ju Bitutss Blttttnf. The said first party has signed and sealed these presents the day and year first
above written.
/c=",&zt H
mmf ymThTr; .
Printed Name
l!D
26 WATSON ST.. CAMBRIDGE. MA 02139
Post Office Add......
~"..Np~ uJ
Witness Signature (as to second G"rantor, if any)
~'..gz
1fr ~-
---..::.-_..:..".....
KtiF'l FE:'N F:' X'IE:'l::<\ AI"r:'R"~" .:. ::'1,"
\...... . ....x....n\r....' . \
F~ECD\~D VEIUFIED BY: .,.. ,::-
--- --~ 6---
l!D
Printedr.o /, .
Witness Signature (as to~ Grantor, if any)
Printed Name
, ,
F'"-;'n:;
...,. Grantor Signature
Printed Name
(i'~:~
OlA
STATE OF Massachusetts
COUNTY OF Middlesex
I HEREBY CERTIFY th,at on this day, before me, an officer dUl~, a thorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared RUTH ~OUNG i. ~t.<.. h .
L ,a n arried woman, as elr to the Estate
of DAVID LEE, deceased to me known to be the person described in and who
executed the foregoing Quit.Claim Deed and she acknowledged before me that she . executed the same.
~. .,"," .. fH
WITNESS my: ~~nQ a~d..officiaLseal in the County and State l~aIO_=id l~i'~{P day 01 . December" A.D ,19 91 .
C,,, .-' _....A...~.t 'v ~ 1Il^-)
.. . N Signature '\: , , , nf
SEAII . ;;;J:;:~,tl.:!U':! I e K (J 1.\ ' I'J S (J
My COlllmi..ion Expire.: / 2 ~ 4- '7 t
"',oj .tI~.i ' , ';':'
5{)tJO
[) Ju{pDII 5
I q ~ }D
INST t 92-001293
JAN 2, 1992 3:46PM
---..-------------..----
.-------------.-------
;1
PINELLAS COUNTY FLA.
OFF.REC.BK 7775 PG 1879
...~ -~
PERSONAL REPRESENTATIVE'S DISTRIBUTIVE DEED
(intestate -- single personal representative)
THIS IND&"ITURE, made this 7 ')th day of Ncwpmhpr
Ruth Young
26 Watson Street, Cambridge, MA 02139
the duly qualified and acting personal representative of the estate of
Willie V. Duncan
deceased, party of the first part and City of Clearwater
whose post office address is P.O. Box 4748. Clearwater, FL 34618-4748
and whose SIBUk~CXlXtax identification number is 59-6000289
-' 19~ by and between
whose post office address is
--'
. party of
the second part.
WITNESSETH: That WHEREAS,
Willie V. Duncan
-~.-'
died intestate a resident of Pinellas County, Florida, on September 28
19 ~ seized and possessed of the real property hereinafter described; and
WHEREAS, title to said property passed to the party of the second part as of the date of said
decedent's death pursuant to the Florida law of descent and distribution as will more fully appear
from those certain proceedings in the Circuit Court for P inellas County, Florida, Probate
Division, in Case ~o. 91- 3799-ES003. subject only to the right of the party of the first part to sell
or encumber the property for the purpose of defraying claims, costs and expenses of enminiRtration of
the decedent's estate; and
r] i"l
J~'"
...-P'~....-.."".:.--
'II
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WHEREAS, the party of the first part wishes to distribute said property to the party of the
second part and evidence the release of the property from said right to sell or encumber;
NOW, THEREFORE, in consideration of the foregoing and in connection with the distribution
of the estate of said decedent, the party of the first part has released to the party of the second part
the right to sell or encumber said property and granted, conveyed and confU'IDed unto the party of
!".,FPD.:Jll. ,. ~lfr~e second part, . its . heirs and llSJIIlgJ"A forever, all of th~ interest ~f said decedent in and to,
.~ 1t~ real property Sltuated m P;nollo. County, FIonda, deoenbed os rollows: 0
Undivided 1/6 interest as tenant in common of ~L5 Y1
West 2/3 of Lot 9 of Block 1 of W.F. HUGHEY'S
SUBDIVISION of Lot 8 of R.H. PADGETT'S
SUBDIVISION, according to Plat thereof recorded
in Plat Book 1, Page 70, Public Records of
P inellas County, F lor ida.
Being the same property as described in Deed Book 250 page
224 of the Public Records of Pinellas County, Florida:
'L.J~3 0
J}/f
PROPERTY APPRAISER'S PARCEL IDENTIFICATION NO. 15/29/15/1+1688/001/0090
Form No. P-5.0600-1 of 2
Copyright by The Florida Bar 1991
January
q u1J / ()
'Ar: I'''E'N F" I' E"Y: I AK""'R' ~"'I E" ",.'
Knp:l.. ::. " ". .I.:......l...n :. , .,.,,:
RECORD VEliIFIED f.<Y: ~
.
,
,..' ,
1
1 PINELLAS COUNTY FLA.
nFF.REC.BK 7775 PG 1880
-~-_._------ _._._-.------~------_.._------
TOGETHER with all and singular the' tenements. hereditaments and appurtenances belonging
to or in any way appertaining to that real property, subject to all restrictions, reservations and
easements of record, if any, and ad valorem taxes for the current year.
Because this deed is given to evidence the distribution of assets of a decedent's estate aIAd
involves the assumption of no mortgage, minimum state documentary stamps are affixed.
IN ,WITNESS WHEREOF, the undersigned, as personal representative of the estate of the
said decedent, has executed' this instrument under seal on the date aforesaid.
Signed, sealed and delivered in the presence of
PdntN?~ ~
~:7Z #
RUTH YOUNGe" -~
As personal representative of the estate of
~ q~ YliUieV.nunc~D
Print Name 00'/ L L G r... OL deceased
STATE OF -&1 tA 5 S
I
COUNTY OF jv\ "JdLes ~
The foregoing instrument was acknowledged before me this ~ 6 day of N d v:.
-
19...2.L, by
Ruth Young
as personal representative of the estate of
W ilUe V. Duncan
deceased.
Printed Name:
~JI tJ~~L~SD~
~tate of' 1'V\ tc '.~.. ~ ' ' . ,.:_
At Large J
My Commi!ll.q1on Expires: Lf - :2. -71
This instrument prepared by:
WHITSON & WHITSON, P.A.
309 South Garden A venue
Clearwater, FL 34616
[Print or type names under all signature lines.]
Form No. P.5.0600-2 oC2
Copyright by The Florida Bar 1991
January
.1
~y"'
CjID[YOI/!J'
1 In ohIO
I
..;
INS,. i 92-"()01294
JAN 2, 1992 3:46PM
_~PINELLAS COUNTY FLA.
el':.! .I:;;EC. BI\ 77 "7 I:'j ':'(~'l (:)8'1
__0____ ___ __ 1\. .? \;)\, ,....
PERSONAL REPRESENTATIVE'S DISTRIBUTIVE DEED
(intestate - single personal representative)
THIS IND&'ITURE, made this ? Sth day of
Ruth Y oun~
26 Watson Street, Cambridge, MA 02139
the duly qualified and acting personal representative of the estate of
David Lee
Nm/Pmnpr' . 191L-, by and between
whose post office address is
deceased, party of the first part and City of Clearwater
whose post office address is P.o. Ro'){ lJ.7lJ.Rr rlp;:lrwrltprr FT 1lJ.h 1 R-lJ.7lJ.R
and whose socialxsecl.l!'iqxoo<tax identification number is 59-6000289
the second part.
. party oi
WITNESSETH: That WHEREAS,
Oavid Lee
I ~,
i '
died intestate a resident of Pinpll;:lc; County, Florida, on l;:lnIl;:lry 1 R
19 ~ seized and possessed of the real property hereinafter described; and
WHEREAS, title to said property passed to the party of the second part as of the date of said
decedent's death pursuant to the Florida law of descent and distribution as will more fully appear
from those certain proceedings in the Circuit Court for Pinpll;:ls County, Florida, Probate
/; Division, in Case ~ o. 91- 3 3 6 9- E 3 . subject only to the right of the party of the flr'St part to sell
,'t j
or encumber the property for the purpose of defraying claims, costs and expenses of suhniniRtration of
the decedent's estate; and
WHEREAS, the party of the first part wishes to distribute said property to the party of the
second part and evidence the release of the property from said right to sell or encumber;
NOW, THEREFORE, in consideration of the foregoing and in connection with the distribution
of the estate of said decedent, the party of the first part bas released to the party of the second part
the right to sell or encumber said property and granted, conveyed and confIrmed unto the party of
the second part, its heirs and assigJ'\R forever, all of the interest of said decedent in and to
the real property situated in Pinellas CoWlty, Florida, described as follows:
IH P"1t!lv'r.'
l~::;~h ~ West two-thirds (2/3) of Lot 9 of Block 1
~~l. ;::":/c:' --- of W.F. HUGHEY'S SUBDIVISION of Lot 8 of . . '~~r:'~"v T'); :
, .------ R.H. PADGETT'S SUBDIVISION, according to ,,- ~..__.-...~
is ----__._.._ the Plat thereof recorded in Plat Book 1, ~:, ri .
pa~e 70, Public Records of Pinellas County, Florida I;v
Belng the same property as described in Deed Book 250 pa 4 of
the Public Records of Pinellas County, Florida. '
rt/j/ ad
t39So
/Jf
--
PROPERTY APPRAISER'S PARCEL IDENTIFICATION NO. 1 5/?9/ 1 5/lJ.l hRR/on 1 lonqn
Form No. P'5.0600-1 of 2
Copyright by The Florida Bar 1991
January
/D ~ 10
KARl..EEN F: ~ . l~':-:F~I.:.tiKEf:, ~~K
\:-.: E C ()Rl)nl,J~I~~li~_~-!-<~ · ~~
... .
...,.
. 1
I F'INEI...I...AS COUNTY Fl...h.
DtJ-_.fi E~~~_l:ll< ? II ~:5_1:1-L_ 1. ~3!3 :-5
:-/
TOGETHER with all and singular the tenemenis, hereditaments and appurtenances belonging
to or in any way appertaining to that real property, subject to all restrictions, reservations and
easements of record. if any, and ad valorem taxes for the current year.
Because this deed is given to evidence the distribution of assets of a decedent's estate ac..d
involves the assumption of no mortgage, minimum state documentary stamps are affixed.
IN WITNESS WHEREOF, the undersigned, as personal representative of the estate of the
said decedent, has executed this instrument under seal on the date aforesaid.
S~ea1ed and d, elivered in the presence of . ' /.,,', /
~~ ~ ~~.
Print Name · RUTH YOUNG;:'>
. - :-B' loa personal repr.....tative of thoLe of
~~~ ~. David Lee
Print Name LV e, ILL c ;:; ~ 0 L Y deceased
STATE OF ~ Ass.
"
COUNTY OF j/l.' d J lr; s ~~
The foregoing instrument was acknowledged before me this .2 ~ day of IV tJ VI
19~ by
Ruth Young
as personal representative or the estate or
David Lee
deceased.
Printed Name:
~: e ~'!'ISQIJ
~ta}f~(~~-~---
At Large -.
My ()unmilUlion Expires: Lj'-' ~ - (if
This instrument prepared by:
WHITSON & WHITSON, P.A.
309 South Garden A venue
Clearwater, FL 34616
[Print or type names under all signature lines.]
Form No. P'5.0600-2 of 2
Copyright by The Florida Bar 1991
January
~ ~
~"T"ti~~~~'~i~;{:1Jr;;, ~t~'~"2geH~as~C o,,13r ::~q]591~
~ Igt'M Ihallh8 Seller llhalI .... and Buyer lhall buy the following real property ("Real Property") and perlonal property ("Pe~onallY") (colleCllwly .~.I upon Ihe following
terlTll ancI conditions whICh INCLUDE the Standards lor Rtlal Eslattl TrllnsaetlOn~ Printed on the reverse or all ached I Slandard!s]') a any addendum to th..liiiifriiment. N 11: " f:
~ \ ~""',\
ev ,....
1/ hh
1:?'r-^U1Y)-e(1
I.
(b) Street address. elly. zip, 01 the Properly is:
(cl Personalty:
~5. 'J7S. DO
ii
I
, .
I
ll'Oi/ided, \hit Iher8 exlIta at cIoIIng no violation of the loregoing and none 01 theni prevents use 01 Real Property lor ( . () W1 W\ "yo / r' -4 I purpoae(ll,
nil. OCCUMNCY: Seller ~ thai there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied b8l/Ond cloIIng. ItlI fact and Wma
'nerU ahalI be stated herein, IInd the tenent(s) or oc~nta disclosed put'lIUI\Ill 10 Standard F. Seller agrees to deliYer occupancy of Property at time of cloIIng unleu oIherwiIe
ltated hInIln. II occupancy II to be deliV8l8d before cloaing, Buyer a88Umes sll risk of loss to Property from date of occupancy, shall be responsible and liable for ftlIlnaIn8nce from
''IaI dIIe, 1IId' atlaIl be.4eemld to haV8 accepted Properly In their exi8ling condiIioo as 01 time 01 taking occupancy unless otherwise staled herein or in a aeparale ~
"x. ~ITTEN OR HANDWflITTEN PROVISIONS: Typewritten or handwritten provisions &hall control all printed provisions 01 Contract in conflict wfth lhem.
l(. INIULA1'ION 'UD'fllll ConIraQIII IllIIIIzed for the aaIe 01 a new relldence, ItlIlnaulation Aider or eQUivalent may be allached.
lO. ~AL OONITRUOTION CONTROL UN. (.CCCL.) RIDER: If Conlracll8 utilized for the I8le of Property affacted by the CCCL., Chapter 181. FA, (1~851. .. amenclId. i
lhIlI ~ ....... COCL'Alder or eQUIvlIIInt may be a.~ 10 thlI Contract. I
'[." i'a. . '.oRI. . .,INVUTIIINT ....RIAI. MOPIRTY . TAX It&f (.FIR~:DER: The parties shall comply with the provisions of FIAPT., ~ and, a, ppllcable /1IllUIlUlllIla whIGh CllIIIId J
.;......1II'CMdI.....-".. ~,k).... wtthholdi~ IeQU and the FIRPTA Aider or tQuivalBnl may be altached 10 this Contract 1
~.~"~'AI""""ITYI (ct.:ic'f1) 01 (2)): Buyer' (110 may aaaign OR (21M may not aaaign Contract. . ' '~
~";~~'~ ~. QLAUIII: (a.cK (1) or (2)): Addandum (1) 0 Ie attached OR (2)m is not applicable. ,'}
/r,io THIS IS INTENDED -10 BE A LEGALLY BINDING CONTRACT. ,.' Ii
.. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. II
. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAA. I., i
A/IIJItfJNeI doN not 00Il8tJtUt8 lIfJ opinion th8I, Bff'I of /he terms and CO(Iditions in lIlis Con/IIlCt should be accepted by the parlifls In B particular ttansactitn Terms ,'l
II'Id conditions IhouId be negoIiated besMJ l4POfl /he I8IiJllICW8 inlerests. obieclives and balgalning positions 01 aU interested petSOIIS. , 1
COPYRIGHT 1988 BY THE FLORIDA BAA AND THE FLORIDA ASSOCIATION OF REALTORS, INC. i:
I;
.:-5j~/9/ Date
. :i;tY~'.A't;torne~.
'.
Cl1<!e~ Wright. C:i, ty-M~nager ___
'~fJf1~~~"~{ ~~~ Citr:!e:k on
'. .' / - '~.
. .
....(. ' HEN SUBJECT TO CLEARANCE.
iQWIr8 FEE: (CHECK. c:OMPl.EllHl'lE D!E'APPI.ICASLE1 By:
'1" ~ AQRUMeNTie-CURRENTLY IN EFFECT: . .
... .-to pay the BluUr namad btIoW.1nclud1lQ cooperatl~ aub-agenta named. according to the terms of sn existing, separate listing agreement:
....., '
Jjc!!" . ~ AGAUMUr 18 Q!lRAENTLY IN EFFECT:
.,'., , ",., .... pay the ifoIIer iiiiiiiillleIOw. at time of cIoeIng. lrom Ih8 diaburaementa of the proceedl 01 the sale, compensalion in the amounl 01 (COMPLETE ONLY ONEI
,. err gIQII PllRlhIIIf prIM OR . '. for BroUr'I 88nric88 In effecting the salB by finding the Buyer ready. willing and able 10 purchase purauant 10 the foregoing
.., . __ talII 10 perform and depoaIt(lllI retained. 60'11. thereof. but)lDt -""""o:lil1lllhe Broker's fee abo\l8 provided, shall be paid Broker, 81 full coneideration for Broker'.
'"....lncUdIna 00Ita 8IQlIIIdId by BnlMr. and the balance shalt be paid J6 SeIer. " the trel188Ction shall not close because ot refusal or failure 01 Seller 10 perform. Seller Ihalt
tV .. ,1uI lie to, EIn:IMr on -....s. In any HllgBtlon artaing out, 01 the Contract concerning the Broker'a 1$8, the prevailing perty shall r8CO\l8l' I8UOI'llIbl8 Ittorney. feel and COIta.
,~cial Security or Tax 1.0. 11
Date
(Sellerl
Soclal Security or Tax to. 11
(E8crow AQenlI
(film NIIIO of Brok.erl
''''J'X! _~"'-'l -
,1-f I NOAA =t
(Seller)
(authorized aignaloryl
(Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
I
!
'-"
I r
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract 01 title prepared or brought current by a reputable and existing abstract firm (if not existing then cerlilied as correct by an existing fir
purporting to be an accurate synopsis 01 the instruments affechng htle to Real Property recolderl in thl'! public /I'cords of tho county wherein Real Property is located. through Effect,
Date and which shall commence with the earliest public records. or such later 'dote as may be customary In the county, Upon closing of this transaction the abstract shall becol
the property 01 Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A htle insur>lnce commitment issued by a Florida licensed title insurer agreei
to i~ to Buyer, upon recording of the deed to Buyer, an owner's policy 01 title insurence in the amount 01 the purchase price. insuring Buyer's title to Real Property, SUbject Of
to 1I8ns, encumbrances, exceptions or qualilicatioR Set lorth in this Contract and those which shall be discharged by Seller at or belore closing. Seller shall convey I marketa!
title aubject only to liens, encumbrances, exceptions or qualilications set lorth in Contract. Marketable title shall be determined according to applicable Title Standards adopted I
authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, il abstract, or 5 days, if lIlIe commitment, from date of receiving evidence 01 title to exami:
It. If title ,islound delectlve, Buyer ahall, within 3 days, notify Seller in writing speCifying delect(sl. II the defect(s) render title unmarketable, Seller will have 120 days lrom recel
of notice within which to remove the defect(s), laili(lg which Buyer shall have the option of either accepting the titie as it then is or demanding a refund 01 deposil(s) paid whi,
shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all furthel obligations undel the Contract. Seller will, if title is found unmarketab
use diligent effort to correct de'ect(sl in titie within the time provided therefor, including the bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage, and mortgage note to Seller shall provide lor a 30 deY grace period
the event 01 default il a lirst mortgage and a 15 day grace period if a second or lesser mortgage; shall provide lor right of prepayment in whole or in part without penally; sh
not permit acceleration or interest adjustment in event of resale of Real Property; shall require all priol lien and encumbrances to be kept in good standing and forbid medificatio'
of or future advances under prior mortgage(s); and the mortgage. note and security agreement shall be otherwise in form and content lequired by Seller; but Seller may only requl
clauses customarily lound in mortgages. mortgage notes. and security agreements generally utilized by saving and loan institutions, 01 state or national banks located in the coun
wherein Real Property is located, All Personalty and lease$ being conveyed or assigned will. at Seller's option, be sublect to the lien of a security agreement evidenced by record,
llnancing statements. II a balloon mortgage. the final payment will exceed the periodic payments thereon.
C, SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to e_amine same, may have Real Property surveyed and certified by a registered Flori
surveyor. If survey shows encroachment on Real Propelty or that improvements located on Real Properly encroach on setback lines. easements, lands of others. or violate any restrictior
Contract covenants or applicable gover,nmental legulation, the same shall constitute a title defect.
P.TERM!IES: _Buyer. at Suyer:1UaxpenSe.wilhin ti~le_allO'Ned to detiverevidence of title and. to examine same. may have Real Property inspected by a Florida Certified Pest Cont,
Operator to determine if there is any visible active termite fnfestitlori or Visible eXlstlllg,-oamage fr6m Wrrtllle lnl~stat1<:m1Irtha impro',-ements. .ireither-.~-t\flth-llre.fGUr.d,8\Jye' "
have 4 days from date of written notice thereof. within which to have aU dam~es; wl1ether visible or not. inspected arid estimatep by a licensed builder or general contlactor. Sel!
shall pay valid costs of treatment and repair of all damage up to 2% !lll1joch<!sll'j~ice, ShOuld such costs exceed that amount. Buyer shall have the option of cancelling Contra
withill 5 days after receipt of contractor's lepair estimate by giving wrjtten-noHce-to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall recei'
a' credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Tel mites" shall be deemed to include all woe
destroying organisms required to be reported under the Florida Pest Control Act.
E. INGRESS AND EGRESS: Seller warrants and represents that thele is Ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII heree
title to which is in accordance ~ith Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel Iellers flom each tenant specifying the nature and dura tic
of the tenant's occupal'lCY. rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall t
furnished by Seller to Buyer within that lime period in the form 01 a Seller's affidav~, and Buyer may therealler contact tenants to confirm such information. Seller shall, at c10sin
.dellver and assign all original leases to Buyer.
G. WENS: Seller shall furnish to Buyer at time of closing an affidavit aile sting to the absence. unless otherwise provided lor herein. of any financing statements, claims of lien (
potenllal lienors known to Seller and further attesting that there have been no improvements or repairs to Property lor 90 days immediateiy praceding date of closing. If Proper!
has been improvec;l, or repaired within that time,Seller shall deliver releases or waivers 01 mechanics' liens executed by all general contractors, subcontractors. suppliers. and materialme
in addition to Seller's lien affidavit selling lorth the names 01 all such general contractors, subcontractors, suppliels and materialmen and further affirming that all charges lor Improvement
or repairs which could serve as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid at closing.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the allorney or other Closing agent designaled by Seller.
I. nME: Time ill of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays end slate or IlIl1on81 ~ hoIIlJays
and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next ?usiness day. .
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill 01 sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppellellers, and correcttve lnslrumenL
Buyer shall furnish closing statement, mortgage, mortgage note. security agreement. and financing statements.
K, EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intllngible tax and recording purcha5e mane
IT1OI'tgage to Seller. deed and financing statements shall be paid by Buyer.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Properly shall be prorated through dey belore closing. Buyer shall hay
the option of taking over any existing policies 01 insurance, If assumable, in which event premiums shall be prorated. Cash ai' closing shall be increased or decreased as may b
required by prorations. Prorations will ba made through day prior to occupancy il occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer ar>
escrow depoaits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum aHowable discour.
homestead and other exemptions. If Closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated base
lJI)Ol1sucl1l1Ssessment.andtl1e_!l!:ior year's millage. If current year's assessment is not available, then taxes will be prorated on tha prior year's tax. If there are completed improvement
on Real Property oy .January ist 01 yean5fClOsing Wl'iiCnlrTlpI'OVtimen;S- -"".era--not-1n l:)(ister:ca--ert.~lsHH-#1e-pr~.thell- taxes shalLbeororated b<lSeduoon.Jhll grn;
year's millage and at an equitable assessment to be agreed upon between the parties, lailing which, request will, be made to the County Property Appraiser for an inlormal assessmel
taking Into consideralion available exemptions. Any tax proration based on an estimate may, at requestor either Buyer or Seller, be SUbsequently readjusted upon receipt 01 tax b
on condlllon that a stalement to that eflect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS; Certified, confirmed and ratified special assessment liens as of date 01 closing (and not as of Effective Date) are to be paid by Seller. Pendir.
liens as 01 dete of closing shall be assumed by Buyer. If the improvement has been substantially completed as 01 Effective Date. such pending lien shall be considered as certifier
coafirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate 01 assessment for the improvement by the public body.
N, INSPEcnON, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, rool (including the fascia and solllts) and exterior and Interior wal!
do not haYe any VISIBLE EVIDENCE 01 leaks 'Or water damage and that the septic tank, pool. all major appliances, heating, cooling. electrical, pIlJmbing systems and machinery ar
in WORKING CONDITION. Buyer may, at Buyer's - expense, have inspections made 01 those items by an appropriately Florida licensed person dealing in the construcllon, repair 0
malnJenanceof those items and shall report in writing to Seller such items that do not meet the above standards as to delects together with the cost 01 correcting them, prior t,
Buyer's CICC\JP1IIlCy or not less than 10 days prior to closing; whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have wsived Seller"
warranlles as \fa defects not reported. If repairs or replacement are required, Seller shall pay up to 3% of the purchase price for, such repairs or replacements by an appropriatel'
Florida licensed parsO" selectad by Seller. If the cost lor such repairs or replacement exceeds 3% 01 the purchase price. Buyer or Seller may elect to pay such excess, falling whic'
either party' may cancel this Contract. II Seller is unable to correct the defects prior to closing, the cost thereol shall be paid Into escrow at closing. Seller will, upon reasonabl,
notice, provide utilities service for Inspections. Between Effective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the conditio
herein warranled, Ordinary wear and tear excepted. Buyer shall be permitted access lor inspection 01 Property prior to c10lling in order to conlirm compliance with this Slandarc
, 0., RISK OF LOSS: If the Property is damaged by lire or other casualty belore closing and cost 01 restoration does not exceed 3% 01 the assessed valuation of the Property s'
, deme.ged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the co~
01 restoration exceeds 3% of the Bssessedvaluation 01 the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% e
any Insurance proceeds payable by virtue 01 such loss or damage. or 01 cancelling Contract and receiving relurn of deposit(s).
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of lunds. If abstract. evidence 01 title shall be continued at Buyer's expense to sho,
title In Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held In escro\'
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. II Seller's title is rendered unmarketabl.
through no fault 01 Buyer, Buyer shall. within the 5 day period. notily Seller in writing of the defect and Seller shall have 30 days from date 01 leceipt of such notification to cur
the defect. If Seller lails to timely cure the defect. all deposlt(s) shall. upon wrillen demand by, Buyer and within 5 days after demand. be returned to B~r and simultaneously wit
such repayment, Buyer shall return Personally and vacate Real Property and recolwey it to Seller by special warranty deed. If Buyer fails to maketimell/. demand lor refund, Buy~
shall take title as is. waiving all rights against. Seller as to any intervening delect except as may be ,available 10 Buyer by virtue or warranties contaiood 'in the deed. II a portio
of lhepurchase price is to be derived from institutional financing or refinancing. requirements of the lending, institution as to place, time ,of day and procedures. for closing, and fe
disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the light to require Iromthejeriding institut;on a .....rilten commitment thi'
It will not withhold disbursement of mortgage proceeds as a lesull of any title defect attributable to Buyer.mortgagor. The escrow ar>d closing procedure required by this Standar
may be waived II title agent insures adverseruatlerspu..rsuantto Section 627.7841. FS. (1987). as amended . .
Q, ESCROW: Any escrow agent ("~n receiving funds or equivalent is authorized and agrees by acceptance of them to depOsif them promptl'f, hold same irr G3c!'?w and;5ubjec
10 clearance, disburse them in accordance with terms and conditions 01 Contract. Failure of clearance of funds shalf not excuse Buyer's p_erfof'mance. II in doubt. ~ to Agent's dulie
or liabilities under the provisions 0' Contract. Agent may, at Agent's option, continue to hold the subject matter of the escrow u~til th,i parties mutually agreEt.!p its disbursemen
or unt" a judgment 01 a court 01 competent jurisdiction shall determine the rights of the parties or Agent may deposit wilh Ihe. glerk ,,,r'ihecircuit court h~~J- jurisdicllon of th
dispute. Upon notifying all parties concerned of such action. all liability on the part of Agent shall fully terminate. except to the e,>!.Ieill ol~"tOl;nting: for any it,ems. previously delivere'
out 01 escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475. F.S. (1987), as amended. Any suit-between Bu~r and Se.ller where Agent is mad
a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shan .ret:over reasonable' ato.."ffieY's lees and cost
incurred with the fees and cosls to be charged and assessed as courl costs in favor 01 the prevailing party. Parties agree that AI/ent sh!lll not be. liable 10 any party or perso:
for misdelivery to Buyer or Seller 01 items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross ~gligenceo'- Agent.
R, ATTORNEY FEES; COSTS: In any litigation arising out of this Contra!:t. the prevailing party shall be entitled to recover reasonable allorRtl'{'s'lees and oost,s. .
S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the lime specified (including payment 01 all deposit(s)), the deposil(sf paid by Buyer may be retaine,
by or for the account of Seller as agreed upon liquidated damages. consideration for the execution of this Contlact and in full settlement of any, claims; whereupon, Buyer and Selle
~hall be relieved or all Obligations under Contract; ur Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. II. for any reason other than lailur.
JI Seller to make Seiler'S title marketable after diligent effort. Seller fails. neglects or refuses to perform this Contract. the Buyer may seek specific performance or elect to receiv.
the raturn of Buyer's deposit(s) without thereby waiving any action for damages resulling from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind an'
.nure to the benefit 01 the parties and theil successols in interest. Whenever Ihe context permits. singular shall include plural and one gender shall include all. Notice given by 0
'0 the attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warral1ty. truslee's. personal representative's or guardian's deed, as appropriate 10 the status of Seller. sublee
only to matters contained in Paragraph VII and li.',se otherwis,! )ccepted by Buyer Persol1dlty slnll. at request of Buyer. be transferred by an absolute bill of sale with warrant',
'Jf tille, subject only to such matters as may be otherWise provided for herein. .
V, OTHER AGREEMENTS: No prior or present agleements or repreSe!ltations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change ir
this ContI act shall be valid or binding upon Ihe parties ul1less in writing arXf" executed by the party or parties intended to be b0unrl by it. .
N. WARRANTIES: Seller warrants that there are no facts knowl1 to Seller materially affpcting the value of the Aeal Property which ,lie not readily observable by Buyel or whic'
'ave not been disclosed to Buyer.
.
I
Add-;ndum To l,ontact '-or ::;;'dlC Vi i .t...... _~i...m:
ADDENDUM NO. -.ONE
CONTRACT DATED:
June 21st, 1991
SELLER:
Ruth Young
BUYER:
City of Clearwater
PROPERTY ADDRIiS~:
"
1166 Brownell Street, Clearwater, Fi. 34616
LEGAL DESCRIPTION:
w. F. Hughey's Sub. Block 1 West 2/3 of Lot 9
II is understood and agreed by all parties with their signatures alllxed hereto that the additional prOlJlslons of this addendum shall
become a permanent part of the subjed Contract. ..
EXTEND CLOSING DATE OF ABOVE DESCRIBED PROPERTY TO ON OR BEFORE 31
DECEMBER 1991
SEEK LEGAL AND TAX ADVICE PRIOR TO SIGNING, IF NOT UNDERSTOOD.
--~-WHNE3SES AS 10 SIGNATURE OF BUYER:---
ITwosiwlalures recQ(t!mendad but not reQuired)
Accepted and ApprC'.'sd
,19
jSEAL)
BUYER
(SEAL\
WITNESSES AS TO SIGNATURE OF SELLER:
(Two signatures recommended but not reql.ll!&d)
BUtER. ,
-d
Accepted and Approved )1 c~ cl, 9 ,19~_
~ ~-d-I4'J7, "." - (SEAL1
SELLER
I
(SEAL)
SELLER
I
I
S""I'lil.. ,,/ CO,II,ncL
RONALD IRONI E. SOMERS
President
1290 Court Sheet
Clearwater, Florida 34616
STEWAR'l" 'l"I'l"LE
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441.2689
AU'lliORIZATION AND ACKNOWLEDGEMENT FORM
Reference:
FILE NO.
LEGAL W 2/3 OF wr 9, BLK I, W.F. HUGHEY'S SUB
91060113
SELLER ESTATE OF DAVID LEE
BUYER CITY OF CLEARWATER
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SE'ITI..El'1ENT STATEMENT - I-RJD FORM 1) and authorized disbursement
of funds as shown therein this 30 day of DECEMBER , 19 91. 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, assertain if there will be personal property tax on
subject property or an amount on which to base a proration. N1Y proration necessary
when tax bills become available will be handled between the parties to this
transaction, outside of Stewart Title Company Company of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
'!HAT ALL UITLITY BILLS (WATER, SEWm, EL&:1.RIC, MAlNI.'mANCE FEES) HAVE BEEN PAID
OR WIIL BE PAID UPON REX:EIPl' OF FINAL BILLS.
,,/
4,4~l~ . .
by: R YOUNG, PERSONAL REP.
~
INITIMB ~,~~
-{i -By: CITY O~ CL 'ATER,
----
SELLER'S FORWARDING ADDRESS:
V1 :Af W~#:
V- f ~ J lJ2a&1;.
HOME PHONE# v"I ? / 7 ~ 5 '17~ 013 Y.s-'
, I .
BUYER'S FORWARDING ADDRESS:
Ro.4 {71i
~ ~ J/t,tf
I
HOME PHONE#
WORK PHONE#
~1."'h7bo
WORK PHONE#~
THIS IS TO FURTHER Aill'HORIZE
CHANGES NECESSARY TO THE CLOSING STATEMENT.
TO APPROVE 'ANY
STEWARl' TITLE COMPANY OF CLEARWA'l'ER, INC.
BY:
, ..
TL BE FILLED IN PERSONALLf
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
ESTATE OF DAVID LEE
Seller or Owner-Borrower
W 2/3 OF LOT 9, BLK 1, W.F HUGHEY'S SUB
Contractor (if new construction)
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 are:
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 appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are 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 I Approximate Amount
,,/ 7J ~YlJ___
.
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR Approximate Amount
J ,./ 17 hU../
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 are 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 J Approximate Amount
....- '7'1....n<.-1
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MA TERIALS Approximate Amount
5. 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 th2'.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 organizations 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 PA Y 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 AITORNEY'S FEES THAT SAID PARTIES MAY 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 CONSUMMA 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 mo th r on d would not purchase same or lend money thereon unless said representations were made.
~ .-
by:
SWORN TO AND SUBSCRIBED BEFORE ME T~I; zbth..dayof
DECF;MBER
91
,19_.
~
Not ry Public in and for
1_
My Commission Expires:
County, MASSACHUSETTS ~ _
2-
~PIV
'-{- - 1 ft-i 1
Rev. 1/88
NOTE: 11Ii. rorm It 10 be .ilftOCl by leU., in cale or ..... If no...., ills 10 be .ipod by lhe oOln.,.bonowe,. Ir lhere it Iny 11001 con.l,uclion, Ih. conl'lclo, mull 11.0 join in Ihis rorm
or lian I wpartJt one.
I
I
'\"nf";/)' nf ('Olllll1'-'
RONALD (RONI E. SOMERS
President
1290 Court Street
Clearwatar, Florida 34616
s'rEW AIl'l" 'l'l'l'l~I~
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
18131441-2689
D I S C LOS U R E
We, the Owners of that certain real property located at
W 2/3 OF LOr 9, BLK 1, W.F. HUGHEY'S SUB
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 effect 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.
:J
v
~:df,
WI. ness
\
....,...
,~7L e~it.
Rt1IH YOUNG, ERSON REP.
STATE OF
COUNTY OF
MASSAQillSEITS
MIDDLESEX
3
SWORN TO AND SUBSCRIBED BEFORE ME THIS - -Z C 'r~ DAY OF
DECEMBER
, 19 91.
5
V""
My Commission Expires:
~A'~~
Notary Public
2 - 4 -1'i
,'0
:2-,,~-C;1-
.,"'1
~
~(t/l
~
.:
1
J
NON-FOlm.LGN CI!;H'1'.LFJCl\'l~LOH BY 1I-IIJJ V JlJUAL 'l'\lJ\I'/SP'J.i;HOH
1. SecU.ull H"5 uf Lhe lllLetlla.l HeVel111e Coue pl'uvJ.uen lhnt 0 tt:tl\lsferee 1.'[ 0 Ulliled
SLoles reoI propel'Ly illterest IUllst w.Lthhu.ld tox if Lhe trolls(eror is IJ roreJYII t)(!r901l.
2. 1.11 order Lo :lIlIot.1lI Lhe LUJIIsferen Lhot wlLhho.ld.l.lIV or Lox Ju 1101.:. lequlred UpOIl Lhe
l1.lspos.l.l.:..I.oll by ESTATE OF DAVlD LEE
~he UlIlte<.J Stol.:.es real property t1escdbed os [o.l.lows:
W 2/3 OF LOT 9, BLK I, W.F. HUGHEY'S SUB
Lhe ulltJersiyneU trans(et.or certifies olld declares 1Jy IneallS o( lhis certlflcutiuII, Lhe
(ollowIl1g: .
(a) I (We) 0111 (ore) 110t Iloll-reaIdelll.:. a11ell(s) (or lXJrposes of UlIlleu SLutes illcome
taxal.:..ioll 011(1,
(b) I'ly Ullil r..o Sloles
Nl'tm
ESTATE OF DAVID LEE
taypapet,' ic.1elll1fyillY Illllllber( s) (SocIal Secur! ty Number)
SOCJ.^,.J mX:UH1'.l'Y NUl'IlJEIl
\ ~ ~A77, ~
" .~
" " .
I'
"
is/m'o:
(e) Ny hOllle {l(klteus Js
(ultochetJ oddllJ.ollul puye Jf lIecessm:y)
(d) There ore 110 oLher lJersoll9 who huve UII OWlleJ:uh.l.p JIILereul 111 Lhe oIJOvc-t1eucr.l.b2d
proJ,Jetly oLh8rUIQIl those (Jersolls set (OI:'UI ulJove III sutJ(JClJ:'OYrtlllh (b).
J. ',IlIe ulldeL's.I.gllud hereby [Ut'l.:.her cerl.:..i(J.es olld t1ecJ.on~u:
(a) I (We) UIldet'stolKJ lhat lhe purchaser of the obove describell P1'Op(~rly inLellds
lo ':eJ.y 011 the [OI:egoiIIV r.epreselllal.:.J.ol1s :l.1l cOllllecl:.tOI1 wilh lhe 1Il1.1.l:ed Sloles
f1'ol'eJ.YIl Illveullllcllt:. ill Heal {It'ol'erly '1'ox 1\ct:.. (94 SlHtute 2GU2 ou {lIl1elldetl).
(b) I (WI!) Ulldet:nlulld LIds ccrlJ.f.l.coUoll lIny IJe l1.l8c.l.oned Lo Lito Illlerllal Hevullue
SeJ:v.l.ce by ltolls(etee OlKJ lltat OilY fulso stalelllenl cOlllull1ell ill LIds cetUUcaL.lolI
11Ii.IY Ix! I~lll.l.SIt(!d hy L1.1m, J.lIlvd.nolllllollt 01: hAil.
UIlder pOllull.:.J.es of lJet-jUty 1 (we) (Jeclure I (we)
(!collon onll it is Lrue, correct alld complete.
J,...,
Uate DECEMBER
hove exom.llletl corefully lItls cerll-:-
~ ,/'"
Wtna
V
Witness
('ll1is clOCllll1ellt h1Uat be retail1 Wlt:.i1 the end of the fifth taxable year (oilowIng I.:.he,'
taxable yeor J.11 wh.lch the transfer takes place).
CONSUIJ1' YOun 1\'l'lQllNI~V 1\NU/On 'I'1\.X 1\IJVlSOH - No HEPHESI!.N'l'l\'l'lON on ImU:JlIl'mNIJATION IS HAIJI!: BY
STl!.WAH'J.' 'J.'.l'JH~ INSlJlt1\NCI~ C{]\IP1\.NY 1\NIJ/on CONCI~ltNJ.NG 'l'Il~~
LEG^I.. SUFL;'JC.I.I~;NCY ^NIJ/on 'l'^X CONSQUI~'NCES m' '11IJ.S lXJCUNI~t-ir:-yUl."-;;;AY IJ~ UI!;QUlJU;U TO FILe
^ COpy OL~ 'I'll W J.xX:tJMUf.l.' W.I '1'11 'l'III~ INTl!;nNAJ~ IUWI!MJI~ SI~:nV.tCI!:. 'J1ll!:SI~ AIm QUES'J'.lUNS run YOun
^'1'ronNI~Y OH T^X ^IN lS0H.
1991
at
MIDDLESEX
COUI\ty,
3 ;Z;tt JI1 .
..- by: Rill'H YOUNGW~~P.
l'1ASSACHUSETIS
'I.' .
.'
,',',
S'1'1\'l'l!: olr MASSACHUSE1TS
COUNTY O~" MIDDLESEX
I 1Il!:IU~tJY CI:.ltl'll''Y thot on Lhla clay, before llle, an of;ficer uuly aulhorizeu 1n the State
aforeaeid allll iu the Coul1ty o(oreaaid t:.o toka oclt.nowleclYlUel1t:.s, persol1011y nppeored
' Rill'H YOUNG, PERSONAL REP. FOR DAVID LEE ESTATE _
to me ItllOWtI to be Lhe petelJI1S described in alld who execul.:.ed lhe {oteyoll1Y .I.lIslnunellt
olld Lhey ot:kl1owletlyell 1..x~fote IlIe lhat:. they executed lhe Elome. <;:...
Wl'lNI.!:SS IllY Imnll ond officiol 8eal in the Counly und SLole laal.:. of ores aid LlIls ;? ~
of DECEMBER 19. ,91. .
\j~ ~ '~J ' .
v ~.ul~
NO!' ItY PUUJJJ.C '] ..... ,
MY CUI'IISSION EXPlm~S I ? ... ~.. '1 t/. .
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INFORMATION FOR REAL ESTATE 1099-S REPORT FILING
Section 6045 of the Internal Revenue Code, as amended by. the Tax
Reform Act of 1986, requires the'reporting of certain information on
every real estate transaction. From the information you provide
below, a Form 1099-s will be produced, a copy of it will be furnished
to the I.R.S. and to you no later than January 31 of the next year,
and a copy may be sent to other third parties. 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 Number:
91060113
Taxpayer ID Number:Seller 1
Seller 2
Taxpayer ID Type:
2
~1 - business, 2 = individual)
SELLER 1 NAME:
Last:
ESTATE OF DAVID LEE
First & Middle:
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next year)
SELLER 1: ar; (-j-
Street: v/ ,):,0 0./;;;,/11/ 6
City:,/' t~
SELLER 2:
Street:
State: ;Jz~
,
Zip code:cJ;l:;).3J
City:
state:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
12/30/91
Contract Sales Price: Seller 1 -
25,775.00
Seller 2 -
(If multiple sellers please allocate the sales price among the sellers)
Description of Property:
Street Address:
1166 BROONE[L STREET
CLEARWATER, FL 34616
Legal Description: W 2/3 OF WI' 9, BLK 1, W.F. HUGHEY'S SUB
Under penalties of perjury, I,
ESTATE OF DAVID LEE
(Name of Seller (s))
certify that the number shown on this form is my correct Taxpayer
Identification Number and that the other information is correct to the
best of my understanding and I understand that it will appear on a Form
1099-S that will be sent to me and to the Internal Revenue Service.
Date:v I' ). - ~ t - f / Seller - 1 Signature :.........." ' kJ J d. /#:u4-~
R~ NAL .
Date: Seller - 2 Signature:
CLOSING AGENT INFORMATION (to be completed by closing agent)
Name: STEWART TITLE COMPANY OF CLEARWATER, INC.
Mailing Address:
1290 COURT STREET
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-1433918
1
I
I
-:,....... -r::' ~'.
,J t
MIS (REG) OMB No. 2502,0265
A. U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B, TYPE OF LOAN:
1. o FHA 2. o FMHA 3. o CONV. UNINS.
4. OVA 5. o CONV.INS.
6. FILE NUMBER 17. LOAN NUMBER
91060113
8. MORTG. INS. CASE NO.
SETTLEMENT STATEMENT
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 informational purposes and are not included in the totals.
D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLE~ F. NAME AND ADDRESS OF LENDER
CITY OF CLEARWATER, FLORIDA ESTATE OF DAVID LEE CASH TRANSACTION
P.O. BOX 4748, RUTII YOUNG, PERSONAL REP.
CLEARWATER, FL. 34617-4748 26 WATSON ST.
CAMBRIDGE, MA. 02139
G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT DATE:
W 2/3 OF LOT 9 OF BLK 1 of W.F. STEWART TITLE COMPANY OF CLEARWATER DEC. 30, 1991
HUGHEYS SUB. OF LOT 8 OF R.H. .
PADGETTS SUB PLACE OF SETTLEMENT 364th day of year
a/k/a 1166 BROWNELL ST., 1290 COURT STREET, CLEARWATER, FL. 34616
CLEARWATER, FL. 34616
J.SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100, GROSS AMOUNT DUE FROM BORROWER: 400 GROSS AMOUNT DUE TO SELLER:
1101 Contract sales price 2 Cj 77 Cj . 00 401 Contract sales price ?'> ns nn
102, Personal property 402 Personal property
103, Settlement charges to borrow (line 1400) 51. 00 ~03,
--
104 404,
105. 405,
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106. City /town taxes 10 406, City/town taxes to
.-.
107. County taxes to 407 County taxes to
108. Assessments to 408, Assessments to ,
.
109. 409
110. 410
111 41"
-
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER: 25,826.00 420. GROSS AMOUNT DUE TO SELLER: 25.775.00
200, AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SELLER:
201, Oeposit or earnest money fA 501, Excess deposit (see instructions)
202, Principal amount 01 new loan(s) 502, Settlement charges to seller (line 1400) ~ 41q on
203. Existing loan(s) taken subject 10 503. Existing loan(s) taken subject to
204. 504, Payofl of lirst mortgage loan
205, 505 payoll ot second mortgage loan
206. 506,
207. 507. ,QQl RFAT. 'AXI':S ( ,) 338.61
208, 508,
209. 509.
Adjustments for items unpaid bv seller: Adjustments for items unpaid by seller:
210. City/town taxes to 510, City /town taxes to
211 County taxes to 5". 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 PAlO BY/FOR BORROWER: r/J 520 TOTAL REDUCTION AMOUNT DUE SElLER: 3,758.51
300, CASH AT SETTLMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SElLER:
301. Gross amount due from borrower (line 120) ?S A?h nn 601. Gross amounl due to seller (line 420) 25.775.00
302. less amounts paid by /for borrower (line 220) fA 602. less lotal reductions in amount due seller (line 520) 3,758.51
303. CASH ([XFROMI (l:XXOOfORROWER: 25 826.00 603. CASH DTO~ SELLER: 22,016.49
HUD-l
RESPA. HB 4305,2
. . t I
M{S LDI I , PAGE 2 OF OMB No. 2502,0265
.....- r
.' ,. !II PAID FROM PAID FROM
, L. SETTLEMENT CHARGES BORROWER'S SELLER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISSION Baaed on price $ 2'5 775.00 @ 10 %= 2,577.50 AT SETTLEMENT AT SETTLEMENT
Division ot commission (line 700) as follows:
701.$ ') ~77~n to 'RT./\ 1\T..1< 111.'111/ IS 'R~/\ T TMr
702, $ to
703, Commission paid at settlement ') ':;'77 ~n
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 tee
806, Mortgage Insurance application fee to
801. Assumption Fee
808,
809.
810,
81l
9QO,lTEMS REQUIRED BY lENDER TO BE PAID IN ADVANCE.
901, Interest trom to @$ /day
902. Mortgage II1SUrance premium for mo. to
903, Hazard insurance premium lor yrs. to
904. yrs. to
905.
1000. RESERVES DEPOSITED WITH lENDER
100l Hazard insurance mo.@$ per mo. .;:: . , '., .
mO.@$ -ioJ
1002 Mortgage insurance per mo, ) "~
1003. City property taxes mO,@$ per mo. ,.\t.F,'
1004. Counly property taxes mO.@$ per mo,
1005, Annual assessments (Main!.) mo,@$ per mo. " ~
1006, mO.@$ per mo,
1001. mO.@$ per,mo.
1008, mO.@$ per mo. 1;1i.
~i:-1< '. 0.' ;
1100. TITlE CHARGES:
110l Settlement or closing fee to
1102, Abstract or tille search to ~'fr. ')<:;n nn
1103. Title examination to
1104, Tille insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to to
(includes above ilems No.: .. -t'.~., ~ >{' " " .'
1108, Tille insurance (11 m ) to '1'1 .1<, I nli' TN(
(includes above items No,: 0< ~ "*~
1109. Lender's coverage $
1110, Owner's coverage $ ')11 7711 nn ;",,~~~.,
1111.
1112,
1113,
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
120l Recording fees: Deed $ '51 . 00 Mortgage $ Releases $ '51 nn
1202. City/county tax/stamps: Deed $ Mortgage $
1203, Slate tax/stamps: Deed $ 154.80 ~ STAMPS ON OUlT CLAIM DEEDS 3.60 1 ~R I....n
1204. 1/ 111<:I1TH ('VU'I'Tli' ' A "'1<:<.; H'n'R nA \T T,~~ . T'R IT.TTIT ,T1<' '" 11\11' 81\ 1? .nn
1205. 1/ 81<'11'1 11A \I '1"-" -- ,--- T .1<'1<' {.,nn
D rT1<'DV 'c:: A Ii'li'T IAUI'" {., nn
1300.ADDITIONAl SETTlEMENT CHARGES
1301. Survey to 1<'\181\1<": T.ANn <';fll"\ltl.Y pnr.
1302. Pest inspection to
1303, FEDERAL EXPRESS CLOSING DOCUMENTS (2 WAYS) 30.00
1304, . CITY OF rT ,!;,A DT.TATRR LIEN SEARCH 5.00
1305,
1400, TOTAL SETTLEMENT CHARGES (entered on lines 103,-Sect/on J and 502, Sect/on K) <:;1 nn ~ 1....1Q Qn
CERTIFICATION: I hav~;r~IJ~~UD'\Settl. ~~tatemuo ~my knowledgeaOO belief. II Is a true and accurate statement of all ~~sbur~nts made on mltaccount or by me In this tranSlction.1 Ic;ther certify
that I have received S co o.u e t St t · V- ;<A. L 'n, .AA
.
T.'rm . ,.. T'T'V n.T!' (' -- I / DTl'T'tJ VnTThT(' ,'T'THT.'
Borrowers.~ Sellers . .~ tJ
To thrbest ~~o\oYledljll.the H~D. ~ Seitlem';l't Sta ent ~c~ I hWJjPrepared is a true and accurate account 01 the funds which were received and have been or will be disbursed by the undersigned part 01 the settlement 01 this transaction,
DF.r.. 30 . 1 qql
~-~~ ~ '
SELLER' ANu/O URCHASER'S STATEM NT Seller's and Purchasel'sslgnature hereon scknowledgeshlslthelr approval of lax prorations and signifies their understsnding that prorations were based on tues for Ihe preceding year. or estimates
lor Ihe current year. and In the event of any chlnge for the currenl year, III necessary IIIlustments muet be mlde bet_n SIller and Purchaser; likewise sny delault In dlllnquent taxes will be reimbursed to Title Company by the Seller.
TItle Company. In Its cspaclty as Escrow Agent, Is Ind hiS been aulhorlzed to deposit all funds It receives In this trlftSsctlon In any flnanclallnstllutlon, whether affiliated or not. Such financial Institution msy provide Tille Company computer
accounting and audllservlces directly or through I sepsrste entlly whlch,lf affiliated with Tille Complny, may elllrge thsflnanclallnstllutlon reasonsble and proper compensltlon therelore and retain any profits therefrom. Any escrow fees paid by any
party Involved In this transaction shall only be for checkwrltlng and Input to Ihe compulers. but not for aforessld accounllng snd audit services. TItle Complny shall not be liable for any Interest or other charges on the earnesl money Ind shill be under no
duly to Invest or reinvest funds held by It at any lime. 5 lIers and Pure sers hereby acknowledge and consent to thedeposll of the escrow money in IInanclallnstltullons wllh which TItle Co any has or may have other banking relationships and further
consent to the rstention by Title Company and/or its lIates of I)!tl all beneflb (Including sdvlntlgtOUslnterest ratas on loans) Title Company and/or Its affiliates may r elve fro s h fin. cl Ilnslllutlons by reason oltheir, maintenance 01 said
escrow accounts. I !ahnJ c4t.~ I .
The parties have,read th~ ns her ,a ree to lime, and recognize Title Com~ relying on the same.
Purchasers/Borrower ' sellerti
,
Ited States on this or any olher similar form. Penlltles upon conviction can Include a ffne 100 Imprisonment. For delails see: Tille 18: U.S Code Seetlon 1001 and Section 1010.
ALTA OWNER'S POLICY - (4,6,90) WITH FLORIDA MODIFICATIONS
, ,
'.
I
I
POLICY OF TITLE INSURANCE ISSUED BY
91060113
"
STEWART TITLE
GU ARANTY COMPANY
1. Title to the estate or interest described in ..", ,.Ie A being vII."
2. Any defect in or lien or encumbrance on th~~!,~;
f ' ~~,~o" ,', ,'0
3. Unmarketability of the title; !I,
, :;J~j
RAGE, THE E
PULATIONS, ST
of Date of Polic
Ie A, sustained 0
TIONS FROM COVERAGE CONTAINED IN
ART TITLE GUARANTY COMPANY, a Texas
own in Schedule A, against loss or damage, not
urred by the insured by reason of:
ther than as stated therein;
~
SUBJECT TO THE EXCLUSIONS FROM C
SCHEDULE B AND THE CONDITIONS AND
corporation, herein called the Company, insures
exceeding the Amount of I nsurance stated in Sc
4.
The Company will also pay the costs,
to the extent provided in the Conditions
IN WITNESS WHEREOF, Stewart T
duly authorized officers as of the Date of
defense of the title, as insured, but only
his policy to be signed and sealed by its
~~ nr~
Chairman of the Board
Co"~~~
Authorized Signatory
Company
City, State
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (inc inot ll~fOibuildingand zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or ''') the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership 0 ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any vio inances or governmentol regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien orsencumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy. . an<'lll)' (~! CO/l!racr
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
""'+'----..........-.~......,..-
Page 1 of
Policy 0-2111
Serial No. -
16675
~ ~ ~ ~ - - ~ ~ -
~\
211 (Rov. 4-6.90)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to/rose,
The following terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insure shall
(a) "insured": the imured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action
or defenses the Company would have had against the named insured, those who or proceeding, and all appeals therein, and permit the Company to use, at its
succeed to the interest of the named insured by operation of law as distinguished option, the name of the insured for this purpose. Whenever requested by the
from purchase including, but not .limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, shall give the Company all
personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit.
(b) "insured claimant": an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge ment, and (ii) in any other lawful act which in the opinion of the Company may
or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured.
defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required
matters affeCting the land. cooperation, the Company's obligations to the insured under the policy shall ter.
(d) "land": the land described or referred to in Schedule A, and imerove- minate, including any liability or obligation to defend, prosecute, or continue any
ments affixed thereto which by law constitute real property. The term' land" litigation, with regard to the matter or matters requiring such cooperation.
does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE,
to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi.
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of loss or dam,
modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com,
insured by this policy,. pony within 90 days after the insured claimant shall ascertain the facts giving rise
(e) 'mortgage ': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damoge shall describe the defect in,
instrument. or lien or encumbrance on the title, or other matter insured against by this policy
(f) "public records": records established under state statutes at Date of Pol. which constitutes the basis of loss or damage and shall state, to the extent possi.
icy for the purpose of imparting constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. If the Company is
property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of th~ insu~ed ~Iaim~nt t~ ,provide the required proof of
l(a)(iv) of the-Exclusions From Coverage, "publicreccmU"nshall also include- - ---lossordamage;-theComf1any s obligations to the Insurea under the policy shall
environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue
district court for the district in which the land is located. any litigation, with regard to the matter or matters requiring such proof of loss or
(g) "unmarketability of the title": an alleged or apparent matter affecting damage.
the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to
a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and
the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times
delivery of marketable title. and places as may be designated by any authorized representative of the Com,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE, pany, all records, books, ledgers, checks, correspondence and memoranda,
The coverage of this policy shall continue in force as of Date of Policy in whether bearing a:!:::te b'!fore or after Date of Policy, which reasonably pertain
favor of on insured only so long as the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of
land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any
a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all
reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody
ance of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All
any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured claimant provided to the
an indebtedness secured by a yurchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the
The insured shall notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro.
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea,
an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph
to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim.
which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall LIABILITY.
not be given to the Company, then as to the insured all liability of the Company In case of a claim under this policy, the Company shall have the following
shall terminate with regard to the matter or matters for which prompt notice is additional options:
required; provided, however, that failure to notify the Company shalf in no case (a) To Payor Tender Payment of the Amount of Insurance.
prejudice the rights of any insured under this policy unless the Company shall be To payor tender payment of the amount of insurance under this policy
preludiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured
4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or
CLAIMANUO COOj)ERATE, ._,_' .,. ._ .,_ .,,__.. _ __. . _. tender of pa}'mer~LClncJ whi~htheCompanyisobligated to pay.
(a) Upon written request by the insured and subject to the optionscontalned -- Upon the exercise by the Company of this option, allliCibilityarid obligaiioris -
in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, shall
and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue
litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for
insured, but only as to those stated causes of action alleging a defect, lien or cancellation.
encumbrance or other matter insured against by this policy. The Company shall (b) To Payor Otherwise Settle With Parties Other than the Insured or
have the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant.
object for reasonable cause) to represent the insured as to those stated causes of (i) to payor otherwise settle with other parties for or in the name of an
action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any
The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were
the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company
this policy, is obligated to pay; or
(b) The Company shall have the right, at its own cost, to institute and prose, (ii) to payor otherwise settle with the insured claimant the loss or dam,
cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and
necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com,
to prevent or reduce loss or damage to the insured. The Company may take any pony up to the time of payment and which the Company is obligated to pay,
appropriate action under the terms of this policy, whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in
hereunder, and sholl not thereby concede liability or waive any provision of this paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol-
policy. If the Company shall exercise its rights under this paragraph, it sholl do so icy for the claimed loss or damage, other than the payments required to be
diligently, mode, sholl terminate, including any liability or obligation to defend, prosecute
(c) Whenever the Company sholl hove brought an action or interposed a or continue any litiQation,
defense os required or permitted by the provisions of this policy, the Company 7, DETERMINATION, EXTENT OF LIABILITY,
may pursue any litigation to final determination by 0 court of competent jurisdic' This policy is a contract of indemnity against actual monetary loss or dam,
tiO::., and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or
Qlverse judgment or order. damage by reason of m.atters insured against by this policy and only to the
l extent herein describe1.
(continued and concluded on last page of this policy)
'~
'.AL TA OWNER'S POLICY
)
I
mls
16675
SCHEDULE A
Order No.:
91.0601.13
Policy No.: 1.66'15
0-2111-
Amountof Insurance: $ 25 "7 '7 S () {'
. r -..' . d
Date of Policy:
January 02, 1992
1. Name of Insured:
CITY OF CL~AHWAT~R, ~LORIUA
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:
CITY Of CL~ARWATER, ~LORIDA
4. The land referred to in this policy is described as follows:
The West two-thirds (2/3) of Lot 9 of Block One (1) of W.f.
HUGHr~~'S SUJ:HHVlSION of Lot. 8 of R.H. PADGE~rT'S SU1:H>lVlSlON,
according to the Plat thereof, as recorded in Plat l:$ook 1, Page
70 of the Public Records of PIN~LLAS County, ~lorida.
STEWART TITLE
0012
Page 2
GUARANTY COMPANY
00.- -.
delete 1.
delete 2.
delete 3.
delete 4.
delete 5.
delete 6.
2113
AL TA OWNER'S POLICY
Order No. 91060113
-.~..
1
t
SCHEDULE B
2111
Policy No.: O~.-166'l5
This pOlicy does not insure against loss or damage by reason of the following:
RiS~~D~irx~anrmKl6t1XlWOC~~
~~~~,Qt~~~~~x
El'JO{magk~~K:K~~~RJKf~~X~}ffUlft~~I)~~~~~
amaooor~~Ktm~}(l<iW~ItK.~
~~~x1oc~Xi~~~x~~K1dmKKXXmatmro:skmemt<<xIxKlf:XIDcnecf[a:H:f['ot!![~l<iWlSI ,
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7. Taxes for the year 19 92 and thereafter.
8. Subject. t.o agreement bet.ween BEULAH Lb::b:: and ALBERl' 6. lWG.KkO,
IN. and MANY M. HOG~NO, husband and wife, filed August 22, 1984
in O.k. Book 5827, Page 1936 of the Public kecords of Pinellas
County, ~lorida; stating that the house is encroaching into
adjoining lot and must be removed from the property of the
Hogeros within sixty (60) days of any transfer.
Page 3
STEWART TITLE
GUARANTY COMPANY
"
"
tONDITIONS AND STIPULATIONS Continue!
(continued and concluded from reverse side of Policy Face)
(al 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,
(!U (This paraQraph removed in Florida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accor~ance with Section 4 of the Conditions and Stipulations,
8. APPORTIONMENT,
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the
p'arcels but not all, the loss shall be computed and settled on a pro rata basis as
If the amount of insurance under this policy was divided pro rata as to the value
on Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy.
9. LIMITATION OF LIABILITY,
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured,
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or SUit without the
prior written consent of the Company.
10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY,
AII/ayments under this policy, except poyments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto.
11, LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. PAYMENT 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 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 transter 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 shal! permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required tOlay only that part of any losses insured against by this policy which
shall excee the amount, if any, lost to the Company by reason of the impair,
ment by the insured claimant of the Company's right of subrogation,
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non,insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua-
ranties, other policies of insurance or bonds, notwithstanding any terms or condi,
tions contained in those instruments which provide for subrogation rights by rea'
son of this policy,
14, ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur:
once Arbitration Rules of the American Arbitration Association may be demanded
if agreed to by both the Company and the insured. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party, JudQment
upon the award rendered by the Arbitrator(s) may be entered in any court
having iurisdiction thereof,
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT,
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com,
pony, 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
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.
STEWART TITLE
GUARANTY COMPANY
" '
, '.
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAM E
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
''''.::'!..... -'+'- -+- -- -+--- -- --- --- -- --
SanClily of ('On/ran
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
~
-- --- -- -- -- -- - -- --- ......~
POLICY
OF
TITLE
INSURANCE
\~
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American Land Title Association Commitment - 1966
r ._~~-~~~-t~~~;~~~:~~~'i~~ 1~~~=~~t~~-'~~106:~13 -~~===i
I
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I
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed I nsured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described. or referred to in Schedule A, upon pay'
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be ef,fecti~eQ;flfYWhtm~e of the proposed Insured and the
amount of the policy or policie~ cO~~~~~~~f~~t).~~Qeen inserted in Schedule A hereof by the
Company, either at the time oftbe~~,l),tfilO(ll~,~J,tlii~Comrnitment or by subsequent endorsement.
This Commitment is preliminary to the issuanc~g~;~~~~~~fiC~.2t policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
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EX~plf'l"
elAuu/lI7~
GUARANTY CUMPANY
President
Company
City, State
Serial No. C. 9 912.7 6 2 4 6 7
005N Rev. 3/78
"
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SCHEDULE A
91060113
CITY OF CLEARWATER, FLORIDA
Prepared For:
1 qC1 I (~)
~~) . ~ I l ;1ti~ '
Commitment No.
C-9912-762467
Your No.:
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(a) D~L TA Owner's Policy
$
ie,,? }:::, 1:10
Proposed Insured: CITY OF CLEARWATER, FLORIDA
(b) 0 AL TA Loan Policy $
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
ESTATE OF DAVID LEE, deceased
4 The land referred to in this Commitment is located in the County of PINELLAS
State of F LOR I D A and described as follows:
The West two-thirds (2/3) of Lot 9 of Block One (1) of W.F.
HUGHEY'S SUBDIVISION of Lot 8 of R.H. PADGETT'S SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 1, Page
70 of the Public Records of PINELLAS County, Florida.
Page 2
of 4
STEWART TITLE
GU ARANTY COMPANY
2552
,~
l
SCHEDULE B
I ORDER NO:
91060r-r3
,.
C', q 9 12m? 6 2 4 6 ?
Commitment Number:
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
reco~. Valid photo identification (ie: Driver's License, Passport) and
social security numbers required of all parties to the
transaction by the Insuror.
Proper probate proceedings for DAVID LEE, deceased to be filed
in the Public Records of Pinellas County, Florida.
Death certificate for BEULAH LEE to be recorded in the Public
Continued on next page
II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company:
~. D ' , liens, encu s, adverse claims or other matters, if any, created, first appearing in the public records or
achin, quent to the effective date hereof but prior to. the date the proposed Insured acquires for value of record the
,. or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
(a) R;gl,b VI claims of parties in possession not shown by the public records.
ents, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
an~he premises.
Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the pu
---(~) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities,
to tide Ian ds comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhea I or changed by the United States Government or water rights, if any.
3. Special Exceptions:
(a) Taxes.
Subject to Taxes for the year 1991 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/41688/001/0090
Gross Tax for the year 1990, $304.20.
4. Subject to agreement between BEULAH LEE and ALBERT L. ROGERO,
JR. and MARY M. ROGERO, husband and wife, filed August 22, 1984
in O.R. Book 5827, Page 1936 of the Public Records of Pinellas
County, Florida; stating that the house is encroaching into
adjoining lot and must be removed from the property of the
Rogeros within sixty (60) days of any transfer.
2153
Page 3
of 4
s"rE'VAH.T "rITLE
GUARANTY COMPANY
I
CONTINUATION SHEET
SCHEDULE_
B
Order Number:
91060113
SCHEDULE B - PART I CONTINUED
Records of Pinellas County, Florida.
I
-
Commitment Number:
C-9912-762467
Personal Representative Deed to be executed from the Personal
Representative of the ESTATE OF DAVID LEE, deceased to CITY OF
CLEARWATER, FLORIDA.
Page -4-of 4
0055
STEWART TITLE
GUARANTY COMPANY
_.~----'-- - -""'""ii
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or ~ights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE"W'ART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
I"
COMMITMENT
FOR
TITLE INSURANCE
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SaT/c/il} oj Con/mct
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Issued by
STEWART TITLE
GUARANTY COMPANY
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PREPARED FOR: 1 .,
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A SURVEY OF THE.. WE~-r '3~, 0 of L.or 9, .BLo~ i, 4- W.f. I-WGHEy 5
'SU8DI'v'IS t o,J
AS RECORDED IN PLAT BOOK ~ , PAGE 70 , OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA
f'~N\ ZoNE.. C
. I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE.
DATE: 7- /I .9' EVANS LAND SURVEYING
'2..300 MAIN STREET - UNIT'H
DUNEDIN, FLORIDA 34698 PH: 1~4 - 3821
e.oU""DA~" Svr:-VE.V ONL,-/
OWN. BY: lL
INY. NO.: 91- 37~