W.A.G.I. WAGENVOORD ADVERTISING GROUP INC (2)
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Prep;u.,;d~13y and Return to: Jennifer Pitruzzello
S&MERS TITLE COMPANY
1290 COURT STREE',;,
CLEARWATEN., FL 33756
(727) 441-1088 ph. (727) 449-1359 fax
incidental to the issuance of a title insurance policy.
File Number: 03020010c
Parcel ID #: 16/29/15/00000/240/0100
Grantee(s) 88 #:
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KARLEEN F. DE BLAf<F!<, CLEm< OF Cl1Uf,'T
PINEL.L.AS COUNTY, FLOF-~TDfi
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CI030ffl0 03-07-2003 1.4::55:29 SBS
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010771
11:03091677 BK:12584 SPG:22fA EPG;ZY~;
RECORDING 002 PAGES 1 $10,50
!XI.: STAtf - DR219 .j $2:,100,,00
WARRANTY DEED
(CORPORATE)
TOTAl:
. TENDERED:
CHANGE :
DEPUTY CLE~'K
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This WARRANTY DEED, dated February 28, 2003 by:
W.A.G.I., a Division of Wagenvoord Advertising Group, Inc.
whose post office address is:
03-091677 MRR- 7-2003 2:54PM
PINELLRS CO 8K 12584 PG 2264
1IIIIIIIIIIIIIIIIIIIIIIIIIUII!II~I!~lmillIL____ ..
hereinafter called the GRANTOR, to
City of Clearwater, Florida, a Municipal Corporation
whose post office address is:
Attn: Earl Barrett, Engineering
P.O. Box 4748, Clearwater, Florida, 33758-4748
hereinafter called the GRANTEE:
(Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations,)
WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10,00 and other valuable considerations,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz:
A parcel of land lying within Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, Being more
particularly described as follows:
For a Point of Beginning, Commence at the most easterly point of Pierce 100 Condominium as recorded in
Condominium Plat Book 19, Page 98 of the Public Records of Pinellas County, Florida, said point lying on the
Westerly Right-Of-Way line of Pierce Boulevard, also being a point on a curve, concave Northeasterly; thence
along the arc of said curve to the left having a radius of 224.63 feet, a Central Angle of 02 deg. 24' 17", the Chord
of which bears S. 46 deg. 34' 59" E., a Chord Distance of 9.43 feet, on an Arc Distance of 9.43 feet; thence
departing said Westerly Right-Of-Way line of Pierce Boulevard S. 15 deg. 19' 01" E., a distance of 36.83 feet;
thence S. 74 deg. 41' 01" W., a distance of 5.62 feet to a point of curvature; thence along the arc of said curve to
the left having a Radius of 70.33 feet, a Central Angle of 29 deg. 51' 19", the Chord of which bears S. 89 deg. 36l
37" W., a Chord Distance of 36.23, an Arc Distance of 36.65 feet to a pont of compound curvature; thence along
the arc of said compound curve to the left, having a Radius of 75.00 feet, a Cental Angle of 38 deg. 30' 47", the
Chord of which bears Sf 55 deg. 25' 37" W., a Chord Distance of 49.47 feet, an Arc Distance of 50.41 feet to the
end of said compound curve; thence S. 89 deg. 45' 13" W., a distance of 42.60 feet to a cross cut at the
southeastern most point of said Pierce 100 Condominium; thence N. 02 deg. 49' 46" E., a distance of 25.84 feet;
thence N. 89 deg. 23' 46" E., a distance of 63.40 feet; thence N 00 deg. 36' 14" W., a distance of 45.04 feet to a
found 3" x 3" concrete monument; thence N. 89 deg. 23' 46" E., a distance of 44.32 feet to the Point of Beginning.
"
. .
SUBJEtT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any;
taxes and assessments for the year 2003 and subsequent years; and to all applicable zoning ordinances and/or restrictions
and prohibiti~ils imposed by governmental authorities, if any,
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining,
TO HAVE AND TO HOLD, the same in fee simple forever, P INELLRS COUNTY FLR.
OFF.REC,8K 12584 PG 2285
---,---'.-'--'---
AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully
seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land;
that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above.
SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES:
Signatur :
Print Na e:
W.A.G.I., a Division ofWagenvoord Advertising Group, Inc.
Signature:
Print Name:
/
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State of Flori,da
County of Pinellas
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THE FOREGOING INSTRUMENT was sworn and ac!mowledged before me on Februarv 28. 2003 by:
Dave Wagenvoord, President
of
W.A.G.I., a Division ofWagenvoord Advertising Group, Inc.
on behalf of the corporation.
He/She is personally !mown to me or who has produced driver licl~identification,
N t S 1 S. t .. ~~
o ary ea l~a ure:~,/ ...,' ,', 'L. . --
MARIANNE SCHAFFER Pnnt Nam ,
l~~'0 Notary Public, State Of Rorida / MARIANNE SCHAFFER
t.J My Commission Expires 12/14105
"~OFf\.o'" Commission No. # 00068427
..
!.
(Printed on Feb 28, 2003 @ 11:09)
A.
US Department of Housing and Urban Development
SETTLEMENT STATEMENT
OMB No. 2502,0265
I. [] FHA 2. [] FmHA 3. [] Cony. Un ins.
4. VA 5. Cony. Ins.
6. File Number:
03020010c
7. Loan Number:
C. NOTE: This foml is furnished to give you a stalement of actual settlement cosU. Amounts paid to and by the settlement agent are shown. hems marked 'POC' were paid outside the closing: they arc shown here for information
D. NAME AND ADDRESS OF BORROWER:
City of Clearwater, Florida, a Municipal Corporation Attn: Engineering Dept.
P.O. Box 4748 Clearwater, FL 33758
E, NAME AND ADDRESS OF SELLER:
W.A.G.I., a Division ofWa envoord Advertisin Grou , Inc. 2360 NE Coachman Road Clearwater, FL 33765
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
, Florida
H. SETTLEMENT AGENT:
SOMERS TITLE COMPANY 727-441-1088 Contact:
I, SETTLEMENT DATE:
02/28/2003
PLACE OF SETTLEMENT:
]290 COURT STREET CLEARWATER, FL 33756
DISBURSEMENT DATE:
02/28/2003
I J. SUMMARY OF BORROWER(S) TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER:
I K. SUMMARY OF SELLER(S) TRANSACTION
400. GROSS AMOUNT DUE TO SELLER :
10]. Contract sales orice 300 000.00 401. Contract sales price 300,000.00
] 02. Persona] Property 402. Personal Property
103. Settlement charges to borrower (line 1400) 3,944.50 403.
104. 404.
105. 405.
Adjustments for items oaid bv Seller in advance Adiustments for items paid by Seller in advance
106. City/town taxes 406. City/town taxes
107. County taxes 407. County taxes
108. Assessments 408. Assessments
109. 409.
1I0. 410.
] ] I. 4]1.
] ]2. 4]2.
120. Gross Amount Due From Borrower 303.944,50 420. Gross Amount Due Seller 300.000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Deoosit or earnest money 501. Excess deposit (see instructions)
202. Princioal amount of new loan(s) 502. Settlement charges to seller (line 1400)
203. Existinl!: ]oan(s) taken subiect to '. 503. Existing loan(s) taken subiect to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506. 2002 Real Estate Taxes 1,032.37
207. 507.
208. Escrow 50,000.00 508. Escrow 50,000.00
209. 509.
Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance
2] O. City/town taxes 5] O. City/town taxes
2] ]. County taxes 511. County taxes
212. Assessments 5] 2. Assessments
213. . 513. County Taxes 111/03 - 2/28/03 157.40
214. 514.
215. , 515.
216. 516.
217. 517.
218. 5]8.
219. 519.
220. Total Paid Bv/For Borrower 50.000.00 520. Total Reduction Amount Due Seller 51.189.77
303,944.50
50,000.00
253 944.50
300 000.00
51,189.77
248810.23
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401(or if 401 is asterisked, line 403 and 404) is
important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent
with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
~~ ,
(Printed on Feb 28. 2003 @ 11:09) US Department nf Housing and Urban Development OMI! No. 2502-0265
L. SETTLEMENT CHARGES
700. Total Sales/Broker's Commission based on price Paid from Paid from
Borrower's Seller's
701. Listing Realtor Commission Funds at Funds at
702. Selling Realtor Commission Settlement Settlement
703. Commission paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807.
808.
809.
810.
900. ITEMS REOUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from
902. Mortgage Insurance Premium for
903. Hazard Insurance Premium for
904.
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002. Mortgage insurance
1003. Citv orooertv taxes
1004. County property taxes
1005. Annual assessments
1006.
1007.
1008. Aggregate Accounting Adjustment
1100. TITLE CHARGES
1101. Settlement or closing fee To: STC 100.00
1102. Abstract or title search To: STC 100.00
1103. Title examination To: STC 50.00
1104. Title insurance binder
1105. Document preoaration
1106. Attornev's Fees
1107. FL Risk Rate $1575.00
(Includes above item numbers; )
1108. Title Insurance To: SOMERS TITLE COMPANY 1,575.00
(Includes above item numbers: )
1109. Lender's coverage @
1110. Owner's coverage300,000.00 @
1111.
1112.
lIB.
1200, GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed To: Clerk of the Court 19.50
1202. City/county tax/stamps:
1203. State tax/stamps: To: Clerk'ofthe Court 2,100.00
1204. Record SIM
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection
1303. Courier/Handling Fee for Mtg Pkg
1304.
1305.
11400, Total Settlement Chames (enter on lines 103 Section J and 502 Section K\ '1 O.H en 1 0.001
I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, It is a true and accurate statement of all receipts and disbursements made on my
a~~l~ thi ~ransactlon. I further certify that I have received a copy of HUD-l Settlement Stateme~t.
BO E S)1 SELLER~ ./ .~
-/~ ~
City ofClearwate , Ftorida, a Municipal Corporation D~envoord, President - W,A.G.I" a Division ofWagenvoonl
. ~tiSing Group, Inc.
The H~~t1em~nt which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this
statem t A
// ~ ~ February 28, 2003
~~~. ~ 0.:.:- .. Date
NOT: ell.liav~rorated based on taxes for the year. Any re-proration will be handled between the buyer and seller. All utility bills (water. sewer, electric. cable and
maintenance fees) have been paid or will be paid upon receipt of final bills.
WARNING; It Is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For
details see: Title 18 U.S. Code Section 1001 and Section 1010.
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File #03020010c
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POUCY 10-17-92 (Florida Modified)
POLICY NO.
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
IOP-9-1708-5861
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBJE~T TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Un marketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations,
IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigr..ed by an authorized signatory.
Issued by:
Attest: ~
Secretary
AMERICAN PIONEER TITLE INSURANCE COMPANY
By:
Somers Title Company
Phone 727-441-1088,Fax
1209 Court Street
Clearwater, FL 33756
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limrted to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
'..relilting to (i)theoccupimcy, use: or enjoymenC6f the land; (Ii) the character;aimensionso(locaticrnof-any improvemenr-ntlvrorl1erealter erected on tile land;
Ilii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or liv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
(b) Any governmental police power not excluded by (al 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:
la) 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;
Id) attaching or created subsequent to Date of Policy; or
Ie) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A. and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including. but not limited to, heirs, distributees, devisees, survivors,
personal representatives. next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructivo knowledge or
notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of matters
affecting the land.
(d) "land": the land described or referred to in Schedule [AJ, and improvements
affixed thereto which by law constrtute real property. The term "land" does not
include any property beyond the lines of the area described or referred to in Schedule
[AJ, nor any righ~ trtle, interest, estate or easement in abutting streets, roads, avenues.
alleys. lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records": records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without knowledge. Wrth respect to Section 1 (a)(iv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the Unrted States district court
for the district in which the land is located.
(g) "unmarketability of the trtle": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
title.
2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any
purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in wrrting Ii) in case of any litigation
as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any ciaim of title or interest which is adverse to the trtle to the estate
or interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate or interest, as
insured. is rejected as unmarketable. II prompt notice shall not be given to the
Company. then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of any inaured
under this policy unless lhe...Ccimpany shall be prejudiced by the failure and then
only to the extent of the prejudice.
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations. the Company. at its own cost
and without unreasonable delay. shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest
as insured. but only as to those stated causes of action alleging a defect, lien
or encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the insured
to object for reasonable cause) to represent the insured as to those stated causes
of action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured against
by this policy.
(b) The Company shall have the righ~ at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest, as insured, or to prevent
or reduce loss or damage to the insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. II the
Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or
order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company. the right to so. prosecute or provide defense in the action or
proceeding, and all appeals therein, and permit the Company to use, at its option,
the name of the insured for this purpose. Whenever requested by the Company,
the insured, at the Company's expense, shall give the Company all reasonable
aid (i) in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and Iii)
in any other lawful act which in the opinion of the. Company may be necessary
or desirable to establish the title to the estate or interest as insured. If the Company
is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
within 90 days alter the insured claimant shall ascertain the facts giving rise to
the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage. lithe Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage.
the Company's obligations to the insured under the policy shall terminate, including
.,any liability or obligation to defend, prosecute, or continue any Irtigation, with regard
to the matter or matters requiring such proof 9f loss or Tage. .
I l ~ ,-'
.
OWNER'S POLICY
Schedule A
State: Florida County: Pinellas
File Number
03020010c
Policy Number
OP-9-1708-586
Effective Date
March 7, 2003
Effective Time
2:54 PM
Amount of Policy
$300,000,00
Commitment #:
Simultaneous #:
Reinsurance #:
1, Name of Insured:
City of Clearwater, Florida, a Municipal Corporation
_.-
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4, The land referred to herein is described as follows:
A parcel of land lying within Section 16, Township 29 South, Range 15 East, Pinellas
County, Florida, Being more particularly described as follows:
For a Point of Beginning, Commence at the most easterly point of Pierce 100
Condominium as recorded in Condominium Plat Book 19, Page 98 of the Public Records
of Pinellas County, Florida, said point lying on the Westerly Right-Of-Way line of Pierce
Boulevard, also being a point on a curve, concave Northeasterly; thence along the arc of
said curve to the left having a radius of 224.63 feet, a Central Angle of 02 deg. 24' 17", the
Chord of which bears S. 46 deg. 34' 59" E., a Chord Distance of 9.43 feet, on an Arc
Distance of 9.43 feet; thence departing said Westerly Right-Of-Way line of Pierce
Boulevard S. 15 deg. 19' 01" E., a distance of 36.83 feet; thence S. 74 deg. 41' 01" W., a
distance of 5.62 feet to a point of curvature; thence along the arc of said curve to the left
having a Radius of 70.33 feet, a Central Angle of 29 deg. 51' 19", the Chord of which bears
S. 89 deg. 36' 37" W., a Chord Distance of 36.23, an Arc Distance of 36.65 feet to a pont of
compound curvature; thence along the arc of said compound curve to the left, having a
Radius of 75.00 feet, a Cental Angle of 38. deg. 30' 47", the Chord of which bears S/55 deg.
25' 37" W., a Chord Distance of 49.47 feet, an Arc Distance of 50.41 feet to the end of said
compound curve.; thence S. 89 deg. 45' 13" W., a distance of 42.60 feet to a cross cut at
the southeastern most point of said Pierce 100 Condominium; thence N. 02 deg. 49' 46" E.,
a distance of 25.84 feet; thence N. 89 deg. 23' 46" E., a distance of 63.40 feet; thence N 00
deg. 36' 14" W., a distance of 45.04 feet to a found 3" x 3" concrete monument; thence N.
89 deg. 23' 46" E., a distance of 44.32 feet to the Point of Beginning.
co~J:~alO~
Issued By: 1875* 03020010c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
OWN E R · S POLICY
Schedule 8
This policy does not insure against loss or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed
by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor. or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the
insured.
6. Any adverse ownership clain by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands and lands
accreted to such lands.
7. Taxes and assessments for the year 2003, and thereafter and/or special assessments, if any, not
recorded in the public records.
**The following items, as listed above, are hereby deleted: 1 and 4 **
8. Riparian rights and littoral rights, if any, incident to the land.
9. Any and all rights of the United States of America in and to navigable waters or filled -in land
formerly within navigable waters and any conditions contained in any permits authorizing the
filling in of such land.
10. The rights of the general public to use the waters of Clearwater Harbor for bathing, boating,
fishing, and other purposes.
11. AS TO ALL LANDS, there is reserved unto the State of Florida, the title to an undivided one half
of all petroleum and petroleum products, and title to an undivided three fourths of all other
minerals which may be found on or under the said land, together with the priviledge outside any
municipality, this date, to explore for or to mine and develop same. Said privilege to explore,
mine and develop is to be conducted on and under lands inside any municipality, this dated, only
with the consent of the surface owner.
12. Subject to provisions of the Coastal Construction Control Line, as outlined in Chapter 161.053,
Florida Statutes, and amendments thereto, as recorded in the Public Records of Pinellas County,
Florida.
13. Subject to any and all residual royalty rights of Coastal Petroleum Company, or its assigns,
resulting from any agreements with the Trustees of the Internal Improvement Trust Fund of
Florida, which does not include the right of entry for exploration, mining, or drilling.
Policy #: OP-9-1708-586
2
File #: 03020010c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
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OWN E R · 5 P OL I.C Y .
14. Filled land and riparian rights, rights of reliction, accretion, submerged land or any other water
rights of any nature, whatsoever, are neither guaranteed nor insured herein.
15. Any adverse claim by the state of Florida by right of sovereignty to any portion of the lands
insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted
to such lands.
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Policy #: OP-9-1708-586
3
File #: 0302001 Dc
Note: This Policy consists of insert pages labeled Schedule A and B. This pOlicy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
CONDITIONS AND STIPULATIONS - CONTINUED
In addition, the insured claimant may reasonably be required to submrt to 9. LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a dale before or after Date of Policy, which reasonably pertain to the loss
or damage. Further, if requested by any authorized representative of the Company,
the insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records. books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of the insured
claimant to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;_ TERMINATION OF
LIABILITY ~-
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In case of a claim under this policy, the Company shall have the following addrtional
options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy together
wrth any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
Irtigation, and the policy shall be surrendered to the Company for cancellation.
Ib) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
Ii) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs Ib)(i) or Iii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any lrtigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
-.-----6YStaiReG~iflGllR'ed-by-the, .insuFed-claimal'lt-who--t1aS-SlJlfered-kJss. or--damage---
by reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least ot
(i) the Amount of Insurance stated in Schedule A; or,
Iii) 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.
(b) (This paragraph dealing with Coinsurance was removed from Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Condrtions and Stipulations.
8. APPORTIONMENT
If the land described in Schedule [AI consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as if the amount 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.
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(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 un marketability of trtle, 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 surt without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11, LIABILITY NONCUMULATIVE
~ 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 endorsement
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 wrthin 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTlEMENT
la) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a ciaim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogated to and be entitled to all rights and remedies
which 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 Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation.
The insured claimant shall permrt 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
---ilfGPGrtioo-wRiGl1 the CofTlpaAys-payment I:leafs m-the. wAeleamoont-Bf-the.loss, -
If loss should resu~ from any act of the insured claimant, as stated above.
that act shall not void this policy. but the Company. in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, rt any. lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! 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 indemnrties.
guaranties. other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arbitration pursuant to the Tit/e Insurance
Arbitration Rules of the American Arbitration Association may be demanded if
agreed to by both Company and the insured. Arbitrable matters may include,
but are not limited to, any controversy or claim between Company and the insured
arising out of or relating to this policy, and service of 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
CONDITIONS AND STIPULATIONS - CONTINUED
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of Policy shall be binding upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award rendered
by the Aroitraror(s} may be entered in any court having jurisdiction thereof.
The law of the s~us 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, ~ any, attached hereto by the
Company is the entire policy and contract between the insured and the Company.
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.
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(c) No amendment of or endorsement 10 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 policy shall be deemed not to include that provision and all
other provisions shall 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 fumished the Company shall include the number of this policy
and shall be addressed to the Company at 493 Easl Semoran Boulevard.
Casselberry. Florida 32707. Telephone: (407) 260-8050.
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