CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
-.
.
CLOSING PACKAGE
EXCHANGE OF PROPERTY BETWEEN:
TOM DEVOCHT, TRUSTEE OF THE CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST ("Church")
AND
CITY OF CLEARWATER, FLORIDA, a municipality ("City")
DATE OF CLOSING:
AUGUST 21, 2001
* * * * * * * * * * * * * * * * * * * * * *
INDEX
1. Contract for Exchange of Real Property X
Documents re Conveyance from Church to City:
2. Affidavit of No Liens X
3. Incumbency Affidavit of Trustee X
4. Trustee's Deed X
5. Closing Statement X
6. Title Insurance Commitment X
7. Owner's Title Insurance Policy X
Documents re Conveyance from City to Church:
8. Indemnity and Affidavit as to Debts, Liens and X
Possessions
9. Borrower's Affidavit X
10. Special Warranty Deed X
11. Closing Statement X
12. Title Insurance Commitment X
13. Owner's Title Insurance Policy X
PREPARED FOR: D Church of Scientology Religious Trust
~ City of Clearwater, Florida
D Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A.
08/31/01 1 :29 PM 0-1
-
:\ - -- ..
: ..
"-
e)
~)
.=,
..
,
CONTRACT FOR EXCHANGE OF REAL PROPERTY
f::Jf-
THIS CONTRACT is made and entered into as of ttie cr day of
,2001, by and between the CITY OF CLEARWATER, FLORIDA, a
mu cip ity, hereinafter referred to as "the City," and the CHURCH OF SCIENTOLO~Y
RE[ GIOUS TRUST, hereinafter referred to as "the Church," for the exchange of
properties in Clearwater, Florida, as described herein.
The parties hereto agree as fQllows:
j
1. Exchanae of Property. The City shall convey title to certain real property
referred to as "Parcels 1 and 2" which are described in Exhibit A to this contract to the
Church. The Church shall convey title to certain real property referred to as "Parcel 3"
which is described in Exhibit B to this contract to the City. The conveyance of Parcels
1 and 2 shall constitute full consideration for the conveyance of Parcel 3. The
conveyance of Parcel 3 shall constitute full consideration for the conveyance of Parcels
1 and 2.
2. Definitions. In this contract, "Seller" shall mean the City with respect to
Parcels 1 and 2 and the Church with respect to Parcel 3. "Purchaser" shall mean the
-Church with respect to Parcels 1 and 2 and the City with respect to Parcel 3. These
terms are used for convenience and do not imply the payment of any compensation
other than conveyance of real property in exchange of real property.
3. Leoal Descriptions. The legal description of the properties being
exchanged between the parties are described as follows:
a. Parcel 1 - Lot 8, Block 12, Magnolia Park
.3
Parcel 2 - Metes and bounds, Parcel 16-29-15-00000-140-0200, also
known as City Parking System Lot 25
b. Parcel 3 - The West 10 feet of Lot 12, all of Lots 13 and 14, and the East
8 feet of Lot 15, Block 7, Magnolia Park, also known as 612 Franklin Street.
4. Purchase Price. It is mutually agreed that the transfer of Parcels 1 and 2
by the City to the Church and the transfer of Parcel 3 by the Church to the City shall
constitute the full and sufficient consideration for the transfer of properties.
5. Commission Approval. Following the execution of this contract by the
Church, this contract shall be held unconditionally open for acceptance and approval by
the Clearwater City Commission for 45 days following receipt in the offices of the City of
Clearwater City Manager's Office. Unless this contract is approved and accepted by the
City Commission within the 45 days and written notice of the approval and acceptance
delivered to the Church within 60 days following receipt by the aforesaid City Manager's
Office, the Church may at its sole option and discretion terminate this contract
whereupon each party shall be relieved of all further obligations hereunder.
e.,
;::)
..
. A)...
.:j/ .
6. Closing Date. This transaction shall be closed and the deeds and other
closing papers delivered no later than 30 days after approval of this contract by the
Clearwater City Commission unless extended by other provisions of this contract.
7. Title Evidence. The City shall order and provide at its expense a
commitment for title insurance in the amount of $ 156,500 which commitment shall
show a marketable unencumbered fee simple title in the .name of the City as to Parcels
1 and 2. The Church shall have 15 days after delivery of said commitment for the
examination thereof, and within said period shall notify the City in writing of any
objections to said title. If this notification is not given within said time period, then said
title. shall be conclusively deemed to be acceptable to the Church. In the eventthat the
title to Parcels 1 and 2is not good and marketable, the City shall have 30 days .
thereafter to perfect the title. If the defects are not cured within such time, then the
Church may cancel this contract or waive the defects and accept the property without
deduction on account of said defects. A final title insurance policy will be issued to the
Church as soon after closing as possible.
The Church shall orde~rovide at its expense a commitment for title
. insurance in the amount of $~g" which commitment shall show a marketable
unencumbered fee simple title in the name of the Church as to Parcel 3. The City shall
have .15 days after delivery of said commitment for the examination thereof, and within
said period shall notify the Church in writing of any objections to said title. If this
notification is not given within said time period, then said title shall be conclusively
deemed to be acceptable to the City. In the event that the title to Parcel 3 is not good
and marketable, the Church shall have 30 days thereafter to perfect the title. If the
defects are not cured within such time, then the City may cancel this contract or waive
the defects and accept the property without deduction on account of said defects. A
final title insurance policy will be issued to the City as soon after closing as possible.
The Church and the. City shall mutually agree upon a title insurance company and
closing agent.
8. Permitted Exceptions. The parcels shall be conveyed to the Purchasers
subject to no liens, charges, encumbrances, restrictions, exceptions, or reservations of
any kind or character other than the following permitted exceptions:
a. Zoning ordinances and land use regulations
b. Any easements, restrictions or other matters that appear in the
commitment and/or survey (excluding standard exceptions) which are not objectionable
exceptions.
c. Any agreements between the parties that are part of this contract.
9. Survey. Within the time allowed for delivery of the title insurance
commitments, a registered Florida land surveyor shall survey each of the parcels. The
costs thereof shall be borne by the Church for Parcels 1 and 2 and by the City for Parcel
3.
2
e
eD
10. Closinas and Possession. The exchange contemplated herein shall
occur on or before the day of ,2001. Said closings shall be
simultaneous. After closing, the City shall be allowed to remain in possession of
Parcels 1 and 2 on a rent-free basis for a minimum of three months from the date of the
closing. The Church shall be required to provide the City with 45 days written notice of
the need to vacate Parcels 1 and 2, and thereafter, within such time frame, the City
shall cease possession and further use of Parcels 1 and 2. While the City remains in
possession of Parcels 1 and 2, it shall be responsible for any and all upkeep,
maintenance and operational costs associated with the properties. The City shall fully
indemnify and hold the Church harmless from any and all claims or causes of action for
property damage, death or personal injury which may be brought against the Church
relating to the City's possession, use or operation of Parcels 1 and 2.
11. Property Taxes. To the extent any property taxes are assessed, all
property taxes shall be prorated at closing.
12. Condition Precedent to Closinas. It shall be a condition precedent to
the closings hereunder that the City Commission shall approve, within sixtY (60) days of
the date hereof, the vacation of certain alleys and easements adjacent to Parcels 1 and
2, as shown on the Petition to Vacate submitted by the Church on or~about this date. In
the event that the Petition to Vacate is not approved, the parties shall be released from
all obligations hereunder and each shall bear its own costs, fees and expenses.
13. Closina Costs. The Seller shall pay the following closing costs and
expenses in connection with the closing:
a. Documentary stamps in connection with the conveyance of the property;
b. The premium and all search fees payable for the owner's policy of title
insurance;
c. Recording fees in connection with those instruments necessary to render
title acceptable to the Purchaser;
d. Its costs of document preparation and its attorneys' fees; and
e. Any costs of operating the property which have been accrued on or prior
to the closing date.
The Purchaser shall pay the following costs and expenses in connection with the
closing:
a. Recording fees in connection with the special warranty deed; and
b. Its costs of document preparation and its attorneys' fees.
14. Risk of Loss. The risk of loss or damage to the premises by fire or
otherwise, until delivery of deed, is assumed by the Seller, The Seller -further agrees to
3
l
, '
"
;
eJ
eJ
maintain the property and to deliver said property to the Purchaser in the same
condition as when the contract was executed, ordinary wear and tear excepted.
15. Nonassianabilitv. Neither party may assign this contract or any rights
hereunder.
16. No Brokers. Each party affirmatively represents to the other part that no
brokers have been involved in this transaction and that no broker is entitled to payment
of a real estate commission because of this transaction.
17. Notices. All notices which are required or permitted hereunder must be in
writing and shall be deemed to have been given, delivered or made, as the case may
be, (notwithstanding lack of actual receipt by the addressee) (i) when delivered by
personal delivery, or (ii) three (3) business days after having been deposited in the
United States mail, certified or registered, return receipt requested, sufficient postage
affixed and prepaid, or (Hi) one (1) business day after having been deposited with an
expedited, overnight courier service (such as by way of example but not limitation, U. S.
Express Mail or Federal Express), addressed to the party to whom notice is intended to
be given at the address set forth below:
As to Church:
Tom DeVocht
319 S. Garden Avenue
Clearwater, FL 33756
With a copy to:
E. D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A.
Post Office Box 1368
Clearwater, FL 33757-1368
As to City:
William B. Home II
Interim City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the
other party written notice of any such change in the manner provided in this section, but
notice of change of address is effective only upon receipt.
18. Entire Contract. This contract and the exhibits referenced herein
embodies and constitutes the entire understanding among the parties with respect to
,
4
I
" ~,
e)
./.--J
_.-",-
'ii....
~.i:.;.:.:
i!l
)i
the transaction contemplated herein and all prior or contemporaneous agreements
understanding, representations and statements, oral or written, are merged into this
contract. Neither this contract nor any provisions hereof may be waived modified,
amended, discharged or tenninated except by an instrument in writing signed by the
party against which the enforcement of such waiver, modification, amendment,
discharge or termination is sought, and then only to the extent set forth in such
instrument.
H
,
'.
< (~
19. ApDlicable Law. This contract is construed in accordance with the laws
of the State of Florida.
20. Headings. Descriptive headings are for convenience only and shall not
control or affect the meaning or construction of any provision of this contract.
21. Bhldina Effect This contract shall be binding upon and shall inure to the
benefit of the parties hereto and their heirs, personal representative and successors by
law. However, this contract shall not be assignable by either party.
22. Interpretation. Whenever the context hereof shall so require, the singular
shall including the_ plural, the male gender shall include the female gender and neuter
and vice versa. This contract and any related instruments shall not be -construed more
strictly against on party than against the other by virtue of the fact that initial drafts were
made and prepared by counsel for one of the parties, it being recognized that this
contract and any related instruments are the product of extensive negotiations between
the parties and that both parties have contributed substantially and materially to the final
preparation of this contract and all related instruments.
23. Time is of the Essence. Time is of the essence of this contract. Should
any period of time specified herein end on a Saturday, Sunday or legal holiday,
(recognized in Clearwater, Florida), the period of time shall automatically be extended to
5:00 p.m. on the next full business day.
24. Radon. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantifies, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in Buildings in Florida. Additionally, information regarding
radon and radon testing may be obtained from your county public health unit. The
Seller agrees to allow, at the discretion and expense of the Purchaser, an investigation
to test for levels of radon in the property. The written report is to be obtained within 60
days from the Effective Date. If the Purchaser does not notify the Seller in writing of the
failed tests within this time period, the Purchaser waives all rights under this clause. If
the test results indicate levels of radon gas unacceptable to the Purchaser in its
reasonable discretion, - the test shall be a failed test, and the Purchaser shall
immediately notify the Seller of such condition in writing, providing to the Purchaser a
copy of the written report received.
25. Other Aareements. No prior or present agreements or representations
shall be binding upon either party unless included in this contract. No modification or
5
,..
A'.'
...1
e-.-)
change in this contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties to be. bound thereby.
26. Nothing in this contract shall be construed to constitute the creation of a
partnership or joint venture between the parties.
Countersigned:
~,?f
Brian J. Au st
Mayor-Commissioner
By:
EARWATER, FLORIDA
. :.:B~-n
William B. Home, II
Interim City Manager
l:d as to fonn:
P mela K. Akin
City Attorney
Attest: .
~r )!..o..._
Cy t ia E. Goudea.u
City lerk
CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
By: ~ .{~
Title: \J, c::..e- (fres. I~ ~~'rJc:.7'r~ eRo.-JGUaoEk
6
e
e
,..
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared TOM DEVOCHT, AS TRUSTEE OF THE
CHURCH OF SCIENTOLOGY, who [is personally known to me] [pFO'd\:teetr
~ a:s4dentificatiorti and who, being first duly sworn, deposes and
says that:
1. The undersigned is the owner of the real property located in Pinellas
County, Florida, as is more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is now in possession of the record
owner, and there is no other person or entity in possession of the Property or who has
any rights or tenancies to the Property.
2. No Notice of Commencement affecting the Property has been executed,
recorded or posted by the undersigned.
3. The Property is free and clear of all liens, taxes, encumbrances, and
claims of every kind, nature, and description whatsoever, except for real and personal
property taxes for the year 2002, and matters shown on the title insurance commitment
issued by FIRST AMERICAN TITLE INSURANCE COMPANY, through its agent
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. (collectively, "Title
Company").
:1
I:
4. The undersigned knows of no state or federal judgment or lien of any
kind or nature whatever against the Property.
5. There has been no labor performed on or materials furnished to the
Property within the past ninety (90) days for which payment in full has not been made
or for which valid liens could be filed; there are no claims whatsoever of any kind or
description against the Property for which liens could be filed according to the statutes
in such cases made and provided; and no informal notice of claim has been received
by the undersigned including, without limitation, unrecorded labor, construction or
materialmen's liens against the Property.
6. The undersigned hereby warrants that the undersigned has received no
notice of any public hearing regarding pending or future assessments for improvements
by any governmental agency and there are no unpaid or pending bills, assessments or
liens against the Property for sanitary sewers, paving, utility installation, service or
other improvements made by any public utility or governmental agency, whether or not
such assessments appear of record.
e
e
~
7. The undersigned knows of no violations of municipal or county
ordinances, or any easements or claims of easements for uses or adverse interests not
shown by the public records, pertaining to the Property including, without limitation, any
unrecorded easements or rights-of-way created through use or adverse interest with
respect to the Property. The undersigned knows of no violations or breaches of any
covenants, conditions or restrictions applicable to the Property including, without
limitation, building setback violations and use restrictions violations.
8. The undersigned has, in the operation of the Property, where
applicable, complied in all respects with the sales tax law, and shall submit in a timely
fashion all filings not currently due.
9. The undersigned warrants that there are no estate tax, inheritance tax,
or income tax liens, under federal or state laws, against the Property, or against the
undersigned, which would affect the Property.
10. There is no outstanding unrecorded agreement of sale, option, deed,
agreement for deed, conveyance, mortgage, or lease affecting the title to the Property,
other than the Contract for Exchange of Real Property between the City of Clearwater
and the undersigned, incident to which this Affidavit is given.
11. The undersigned owner of the Property is not a non-resident alien,
foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms
are defined in the Internal Revenue Code and Income Tax Regulations), and the U.S.
taxpayer identification number of said owner is
12. This representation is made under oath for the purpose of inducing
City of Clearwater ("City") to purchase the Property, and the Title Company to insure
title to the Property.
13. The undersigned makes and delivers this Affidavit of No Liens fully
realizing that the Title Company and City are relying hereon in order to close such
purchase. This Affidavit of No Liens is made with full understanding of all laws
appertaining to affidavits in Florida, and full faith and credit may be given hereto. The
undersigned further certifies that the undersigned has read the complete text of this
Affidavit and fully understands its contents.
14. All statements made herein shall, to the best of the knowledge and
belief of the undersigned, be true and correct as of the date and time the deed is
recorded. There are no matters pending against the undersigned that could give rise to
a lien that would attach to the Property between the date hereof and such recordation.
The undersigned has not and will not commit, between the date hereof and the date
and time of such recordation, any act that would cause the statements made herein to
change or to become invalid, nor will the undersigned execute any instrument that
would adversely affect the title to the Property.
-2-
e
e
,.
15. The undersigned agrees to indemnify and shall save and hold the Title
Company harmless from and against any claim, liability, or cause of action which may
arise by virtue of any of the foregoing representations being false or untrue or from any
lien or claim which may be filed or enforced for any labor, services or materials used or
furnished to the Property, for or on account 0._ f b_enefit of ow~ / } / .
(/~4-~ VrS2e-c~
TOM DEVOCHT, AS TRUSTEE OF
THE CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
SWORN TO, subscribed and acknowledged before me this J71/vday of August,
2001.
~t.~
~ta Public
Print name: JA y 10/ e €. .s ~;r ~
My commission expires:
08/14/01 01 :39 PM d-1
41305.102100
#246250 v1
-,.,',;';"Y';""
. C"'......~~:'~ Jayne E C'~~
. ~-' .o~ . vo;,,;g
;~Sf MY COMMISSIO~J ~. r:('s:'~ 75 EXPIRES
...;;.....~~,'. Septem'd .' /,_;'
II"II~ BONOfDTliRU TAU\" ~..l'" :;:__...,~. ;"W:J.:. INC.
","~I';""
,,~t-'...~~~ Jayne E. Sears
~.( ~\*~ MY COMMISSION # CC646775 EXPIRES
W'~'?f September 2. 2001
"'~p.r..f,.~" BONDED THRU TROY FAIN INSUP....NCE, iNC.
-3-
e
e
'.
EXHIBIT "A"
The West 24.7 feet of Lot 13, all of Lot 14 and the
East 8 feet of Lot 15, Block 7, MAGNOLIA PARK
SUBDIVISION, according to the plat thereof, recorded
in Plat Book 3, Page(s) 43, Public Records of Pinellas
County, Florida;
AND
The East 25.3 feet of Lot 13 and the West 1 0 feet of
Lot 12, all in Block 7, MAGNOLIA PARK
SUBDIVISION, according to the plat thereof as
recorded in Plat Book 3, Page 43, Public Records of
Pinellas County, Florida.
.~ .}:Jf 15. 00
') ! .
...0
lJ'")
I'
CV)
CV)
~
~
~
t-l
~
~
d
.
t-l
(J)
~
u
o
0'>
N
...-l
~
~
u
~
o
~
o
u
~
H
t-l
~
~
(J)
g
~
p:::
o ---..
ZO'>
<co
08
P:::O()
8S
~o
p=:'-'.
KARI..EEN F. DE BlAKER, CLERK OF COURT
e PnnLAS COONTV, FLORIDA
6C269B30 08-23-2001 17:18:26 HDK
51 AFF-TOH DEVOCHT TTEE
~70 3010 - 00000541
IU:0129605B BK:11542 SPG:1689 EPG:1691
RECORDING 003 PAGES 1 $15.00
IDTAL: $15.00
CHECK AMI. TENDERED: S10.5O
cmRGE AMOUNT: $4.50
BY m:omurY CLERK
\~7
'..' GES 3 ..
~CCT "'Stfl
REC ~/s;.tJO
DR2.9 '
r\..~
t.".....,
INT
. .
FEES ___
This instrument is prepared by Mn= ___
amocoeiooctDC PIC _ ___.
Timothy A Johnson, Jr., Esquire RE\i
Johnson, Blakely, !=>ope, Bokor, ~ -;;--~D
Ruppel & Burns, PA TCr.~L Z~
P o. Box 1368 - Cl< BAL /"",,:;)0
Clearwater, FL 33757-1368 CHG AMT ~SV
INCUMBENCY AFFIDAVIT OF TRUSTEE
STATE OF FLORIDA
01-296058 AUG-23-2001 5: 19~
PINELLAS CO 8K 11542 PG 1689
11111111111111111111111111111111111111111111111111
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority duly authorized to administer oaths a~
take acknowledgments, personally appeared TOM DEVOCHT ("Trustee"), who [0'is
personally known to me or D ~ -........ ~entific:::ltinn
and who, being first duly sworn, deposes and says that:
1. He has personal knowledge of the facts stated herein.
2. The undersigned is the acting Trustee of the Church of Scientology
Religious Trust ("Trust"), as described in the Warranty Deed recorded in O. R. Book
11309, Page 871, Public Records of Pinellas County, Florida ("Deed").
3: . The Trustee of the Trust is the owner of an undivided interest in the
following real property ("Property"), which is an asset of the Trust:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN.
4. The undersigned, as Trustee of the Trust, remains vested with all the
powers enumerated in the Deed and has full power and authority to sell, transfer or
dispose of the Property, and to execute and deliver all documents pertaining to sale of
the Property, including, but not limited to the Trustee's Deed.
5. The execution and delivery of any and all documents of whatever kind,
character, nature or description, including, but not limited to the Trustee's Deed, and
related documents by the undersigned, .in his capacity as Trustee of the Trust, does not
require the further consent or approval of any other party.
6. No proceedings with respect to liquidation, dissolution or winding up of
the Trust are pending or contemplated.
7. The Trust has not been amended or modified and the Trust remains in full
force and effect.
/ ~..u
t
e
f::l .LLR5 COUNTY F'LR.
OF'F' .REC.BK 11542 PO 16S0
~.
8. This Affidavit is made with full understanding of all laws appertaining to
affidavits i'n Florida, and full faith and credit may be given hereto. The undersigned
further certifies that the undersigned has read the complete text of this Affidavit and
fully understands its contents.
~,d~
TOM DEVOCHT
SWORN TO, subscribed and acknowledged before me this 11"11v'day of August,
2001.
~
t-
~
Print name: :JA Y tV e. E. S ~A R.S
My commission expires:
08/14/2001 2:01 PM
41305.102100
#246271 v1
~~f~:'~~/f:;:';. Jayne E. Sears
~<'rb.'\'1 MY COMMISSION # CC646775 EXPIRES
~'~'R'; September 2. 200t
"'~p.f.:r..'t" SONOfO THRU TROY fAIN INSURANCE. INC.
-2-
'.
e
e
\.
EXHIBIT "A"
~INELLAS COUNTY ~LA
O~~.REC.8K 11542 ~G 1681
The West 24.7 feet of Lot 13, all of Lot 14 and the
East 8 feet of Lot 15, Block 7, MAGNOLIA PARK
SUBDIVISION, according to the plat thereof, recorded
in Plat Book 3, Page(s) 43, Public Records of Pinellas
County, Florida;
AND
The East 25.3 feet of Lot 13 and the West 10 feet of
Lot 12, all in Block 7, MAGNOLIA PARK
SUBDIVISION, according to the plat thereof as
recorded in Plat Book 3, Page 43, Public Records of
Pinellas County, Florida.
",--...,,:*
r~
\.0
If)
r---
(Y)
(Y)
~
~
~
~
u
~
.
E-l
CJ)
~
8
o
Q'\
N
,-l
~
~
u
~
o
~
o
u
~
H
E-l
E-l
;~
\~
'..0
E-l
~
P::
o /""'-
~g;
o
00
P::oo
8S
~8
KARlEEN F. DE: BlAKER, CLERK OF COURT
PItnLAS COJHV, FLORIDA
~.-- r
tQ6983l 08-23-2001 17:19:51 HDK
51 I&TOM DEVOCHT/GITV If CLEARWATER
~70
11:01296062 BK:11542 SPG:1711 EF'G:1713
REClRDING 003 PAIlS 1 $15.00
IXt STAff - mm9 3 $2,555.00
TOTIl:
(]ECJ( ~. IDmED:
()W<< .
BY jY1{}'L DEPUTY cliRK
$2,570.00
$2,570.00
$.00
This instrument was prepared by
~~n:~
E. D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, PA
P o. Box 1368
Clearwater, FL 33757-1368
01-288082 AUG-23-2001 5.20
P INE:LLAS CO ,SK 11542 PG '17 i1
-----__Dllm-'lI~IMIIIIRI~lIalllllmIIlIlIUL__ _~
TRUSTEE'S DEED
THIS INDENTURE is made on August .sl-.t-, 2001, between TOM DEVOCHT,
AS TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, with full
power and authority either to protect, conserve and to sell, or to lease, or to encumber,
or otherwise to manage and dispose of the real property described in this instrument,
whose post office address is 319 South Garden Avenue, Clearwater, FL 33756
("Grantor") and CITY OF CLEARWATER, FLORIDA, a municipality, whose post office
address is P. O. Box 4748, Clearwater, FL 33758-4748 ("Grantee").
W II N E SSE I H:
GRANTOR, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and
other valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, convey, tranSfer and assign to Grantee, its successors and assigns,
all that certain real property located in Pinellas County, Florida, more particularly
described as follows:
The West 24. 7 fee~ of Lot 13, all of Lot 14 and the East 8
feet of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISION,
according to the plat thereof,. recorded in Plat Book 3,
Page(s) 43, Public Records of Pinellas County, Florida;
R'AG'-." 3
._r-n :-.
. ./L._.... _.____
Acel
i:: ,.. ,." '--dr... /-5"---;"'"
r-t:~:.:,::.., ~ J _. ~~
DH::'1U~-.1'555:-t) ()
C?1, ...-._____~___
AND
n::.
FE::; ;::
The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12,
all in Block 7, MAGNOLIA PARK SUBDIVISION, according
b, :.:-. _..____H__.
r:"/c ._,__--._,___..'____
Fi~'J ___..___u
~ii~J$'?O:(} ()
. CK~'[ii':~~ ~~~=..~_~
CHG AMT ______.
;2 ~;U
~:,..
PINELLAS COUNTY FLA,
OFF, REC .8K 11542 PG 1712
.
~ ,~'!
to the plat thereof as recorded in Plat Book 3, Page 43,
Public Records of Pinellas County, Florida.
Real Estate Tax Parcel Numbers: 15/29/15/54450/007/0131 and
15/29/15/54450/007/0140.
Grantee's Tax Identification Number: 59- (pooo dl. 3' 'J
SUBJECT TO easements, reservations and restrictions of record, if any, which.
are specifically not reimposed or extended hereby and to taxes for the year 2002 and
subsequent years, which are not yet due and payable.
TO HAVE and to hold the same in fee simple forever.
THIS DEED is executed pursuant to and in the exercise of the power and
authority granted to and vested in the undersigned trustee by the terms of a deed or
deeds delivered to Grantor pursuant to the above-described trust.
IN WITNESS WHEREOF, Grantor has executed this deed the day and year
above written.
WITNESSES:
c~L~
TOM DEVOCHT, AS TRUSTEE OF
THE CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
~'1f.a~
Signature .
l/~' {I {2f7 n )l1ffl~
Print name
~ i. ~
if i'r Y tJ 6 ~. SEAeS
Print name
-2-
-~
.
<:1:",.... "'-..
PINELL~S COUNTY rLA,
Orr,REC.8K 11542 PG 1713
STATE OF FLORIDA
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this /7 f"A./day of TOM
DEVOCHT, AS TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS
TRUST. He [is personally known to me] [h~ as
id~
~L.~
t-.otary Public . ..'
Print name: :TAYA! e [;, S6/tfL.S
My commission expires:
08/17/2001 8:46 AM d-1
41305.102100
#246243 v1
....~~';r.~:lf~~;.~, Jayne E. Sears
[:r@,"'f~ MY COMMISSION # CC646775 EX. PIRES
;'~"~:~'; September 2, 2001
"'1,1.(;;,t~~>- BONDED THRU TROY fMN INSURANCi;, iNC.
"1111\1"
-3-
e
e
CLOSING STATEMENT
CHURCH: TOM DEVOCHT, TRUSTEE OF THE CHURCH OF
SCIENTOLOGY RELIGIOUS TRUST
CITY: CITY OF CLEARWATER, FLORIDA, a municipality
DATE OF EXCHANGE: AUGUST 20, 2001
**********
PURCHASE PRICE:
[Even exchange]
Church's Expenses:
2001 Real Property Taxes to Pinellas County
Tax Collector (1/1/01 through 8/20/01 ):
Parcel No. 15/29/15/54450/007/0131
$ 406.78
Parcel No. 15/29/15/54450/007/0140
3,873.36
Documentary stamps on deed to City (based on $365,000)
2,555.00
Recording of Deed from City
15.00
Title Search Fee to First American Title
125.00
Title Insurance Premium for Owner's Policy insuring
City (payable to Johnson, Blakely, et al)
TOTAL AMOUNT DUE FROM CHURCH AT CLOSING
2.400.00
$9.375.14
Approved and accepted on August :2 I
.2001~~ iL/-
TOM DEVOCHT, AS TRUSTEE OF
THE CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
08/17/01 08:48 AM d-1
41305.102100
#246283 v1
',j
FATIC-213X
ALTACommitment (1982)
e
e
".' W
First American Title Insurance Company
SCHEDULE A
41305.102100
Issuing Office File No.: 120421-4-01 'Z> \ \\1 \0 \
1. Commitment Date: ~~ 05 : 00 PM
2. Policy or Policies to be issued:
(a) Owner's Policy (Identify policy type below) Policy Amount: $ 365, 000 . 00
ALTA Owner's Policy (10-17-92) (With Florida Modifications)
Proposed Insured:
CITY OF CLEARWATER, FLORIDA, a municipality
(b) Loan Policy (Identify policy type below)
ALTA Loan Policy (10-17-92) (With Florida Modifications)
Proposed Insured:
Policy Amount: $
(c) Other (Identify policy type below)
AL T A Loan Policy (10-17-9~ (With Florida Modifications)
Proposed Insured:
Policy Amount: $
. I
3. A Fee Simple interest in the land described in this Commitment is owned at the
Commitment Dat~~ by:
TOM DEVOCnT, as trustee of The Church of Scientology Religious Trust
4. The land referred to in this Commitment is described as follows:
See Attached Commitment Schedule A Continued
JOHNSON, BLAKELY, POPE, BOKOR,
RUPPEL & BURNS,
(Insert;lbo~ line name of Agent)
/ ' I / //
B./' (/ ,J
y: .. L
m'\. ~ v Authorizea Sig;atory '.
TillS COMMITMENTIS FURNISHED BY FIRST AMERICANTITLE~CE COMPANYOR ITS POL:CYISSUING AGEN'l
SOLEL YFOR THE ISSUANCE OF A POLICY OR POLICIES OF TITL~INSURANCEOF FIRST AMERICANTITLEINSURANCE
COMPANY. TillS COMMITMENT IS NOT AN ABSTRACT OR AN OPINION OF TITLE. LIABILITY UNDER THIE
CO~TMENTISDE~DBYANDL~DTOTHETERMSANDCONDnnONSOFTHISCO~NTANDTHETITLI
INSURANCE POLICY TO BE ISSUED. PERSONS AND ENTITIES NOT LISTED ABOVEAS PROPOSED INSURED ARE N01
ENTITLED TO REL YUPON THIS COMMITMENT FOR ANY PURPOSE.
Issue Date:
August 2, 2001
//
FATIC-202 (Rev. 9-78)
e.. .
First American: Title Insurance t;ompany
.... '.
SCHEDULE B-1
(Requirements)
Agent's
FileNo.: 120421-4-01
Commitment No. FA-CC- DP /LRC
v
. following are the requirements to be complied with:
Payment to, or for the account of, the grantors or mortgagors of the full consideration for the estate or interest to
be insured.
Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable.
Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed;
that contractor, subcontractor, labor and materialmen are paid in full.
Instruments in insurable form which must be properly executed, delivered and duly filed for record:
a. Submit a proper Owner/Seller's Affidavit satisfactory to insure
against unrecorded mechanic's liens.
b. Submit a proper survey certified to all parties involved in this
transaction, including but not limited to, First American Title
Insurance Company.
Deed from TOM DEVOCHT, as Trustee with full powers under Florida
Statute 689.071, under Trust Agreement known as THE CHURCH OF
SCIENTOLOGY RELIGIOUS TRUST, to CITY OF CLEARWATER, FLORIDA, a
municipali ty. 'i
. I
Obtain and record in the Public Records of Pinellas, County, Florida,
an Incumbency Affidavit from the Trustee TOM DEVOCHT, confirming that
the Trust Agreement known as THE CHURCH OF SCIENTOLOGY RELIGIOUS
TRUST, remains in full force 'and effect; has not been amended; that
the Trustee still remains vested with all the powers enumerated in
said Trust Agreement, that the property(ies) described in Schedule A
herein is/are still an asset of the trust, and that there have not
been any amendments or modifications to the trust other than the
amendments noted herein. If there have been any subsequent
amendments, production of them is required. The company reserves the
right to make such additional requirements as it may deem necessary
upon review of said amendments, if any, and proof of status of trust.
. Written evidence, from appropriate governmental authorities, that City
and County Special Assessment Liens, and water, sewer and trash
removal charges, if any, have been paid.
FATIC-600 (Rev. 9-78)
e. " .
First American Title Insurance ~mpany
I
<"'.
SCHEDULE
A
(Continued)
Agent's
File No.:
120421-4-01
Commitment No. FA-CC- DP /LRC
Policy No.:
The West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet
of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISON, according to the
plat thereof, recorded in Plat Book 3, Page(s) 43, Public
Records of Pinellas County, Florida.
.. AND
The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all
in Block 7, MAGNOLIA PARK SUBDIVISION. according to the plat
thereof as recorded in Plat Book 3, page 43, Public Records of
Pinellas County, Florida.
'1
. ,
FAT. 203 (Rev. 10-92)
e. " .
First American Title Insurance ~ompany
SCHEDULE B-II
(Exceptions)
Agent's
File No.:
120421-4-01
Commitment No. FA-CC- DP /LRC
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company.
1.
~
ct!.
; 3.
. 4.
Defects liens, encumbrances, ims, or other matters if
r attaching su 0 the effective date hereo ut prior to the date the propose
record the estate or interest or mortgage thereon covered by this Commitment.
Easements, or claims of easement, not shown by the public records.
Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
or inspection of the premises.
,v.i. -----b.ny lie~ht to ~, for servises... labor ru;..matc.ria:l heF8t9wrp nr hprpaft~r furnL,lu:d, iw!-,oscd 1:.oy law and not
(f-~ s~y the P\i'trt1Cfecords.
6. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such
portion so created and riparian rights, if any.
Taxes or special assessments which are not shown as existing liens by the public records.
Any minerals or mineral rights leased, granted or retained by current or prior owners
7.
8.
9. The lien of the Taxes f~r the year 2001, and all subsequent years, which
are not yet due and payable.
2000 Taxes Gross Amount $6,435,06 - PAID
I
$6,628.11 on April 12,'2001; Total Assessed Value $268,200.00
Taxing District: CWD - CLEARWATER DOWNTOWN
Homestead Exemption filed.for 2000? NO
Other Exemptions: NONE
Parcel No. 15/29/15/54450/007/0140
10. The lien of the Taxes for the year 2001, and all subsequent years, which
are not yet due and payable.
2000 Taxes Gross Amount $669.42 - PAID
$689.50 on April 12, 2001; Total Assessed Value $27,900.00
Taxing District: CWD - CLEARWATER DOWNTOWN
Homestead Exemption filed for 2000? NO
Other Exemptions: NONE
Parcel No. 15/29/15/54450/007/0131
11. Personal Property Taxes - NONE FOUND
12. Ter.ms and provisions of all agreements and franchises pertaining to the
cost, installation, operation, and maintenance of gas, water and/or sewer
facilities. (Owner's Policy only)
REAL ES_E TAX
RE ITEM NO RE PARl:WNO.- /.. /
PP.ITEM NO PP ACCOUNT NO
ACTION.: PASSWORD:
(A)ADD' (C) CHANGE (D)DELETE (P)PRINT
THIS RECORD FOR INQUIRY ONLY
/
/
e
TRANSFER
CORR#
CODE
6177.66
CWO NOV
268,200
6242.01
DEC
NOTE COOE
TAXABLE
EXEMPTED
ASSESSEO
2000
6306.36
JAN
CURRENT-YR RE 063215 - 8
6370.71 6435.06 6628.11
FEB MAR APR
NX
HX
WX/DX
AX
TX
612 FRANKLIN ST
PLAT 001 PAGE 070
MAGNOLIA PARK
BLK'7, W 24.7 FT
13, ALL LOT 14 &
LOT 15 (LYING IN
15)
268,200 2)
o
268,200
RE PAID 04 - 12 - 01
02 - 042269
OF LOT
E 8 FT OF
N 16/29/
NAME 1
NAME 2
ADOR1
AOOR2
CITY
CNTRY
VALIOATED AMT 6,628.11
PARCEL NO 15/29/15/54450/007/0140
HYOE PARK BUILOING PTNSHP
C/O TERRY, MARIE C.
1511 S CLARK AVE
TAMPA
ST FL
ZIP 33629-4935
'1
, ,
REAL.ES~E TAX
RE ITEM NO RE PARCWNO'
PP ~TEM NO PP ACCOUNT NO '
ACTION.', PASSWORD:
(A)AOD (C) CHANGE (O)DELETE (P)PRINT
THIS RECORD FOR INQUIRY ONLY
TRANSFER
/. -
/
/
/
e
CORR#
CODE
642.64
CWO NOV
27,900
649.34
DEC
NOTE CODE
TAXABLE
EXEMPTED
ASSESSEO
2000
656.03
JAN
CURRENT-YR RE 063214 - 1
662.73 669.42 689.50
FEB MAR APR
NX
HX
WX/OX
AX
TX
27,900 2)
o
27,900
RE PAID 04 - 12 - 01
02 - 042267
PLAT 001 PAGE 070
MAGNOLIA PARK
BLK?, E 25.3FT OF LOT 13
& W 10FT OF LOT 12
NAME 1
NAME 2
ADDR1
ADDR2
CITY
CNTRY
VALIDATED AMT 689.50
PARCEL NO 15/29/15/54450/007/0131
HYDE PARK BUILOING PTNSHP
C/O TERRY, WILLIAM J
POBOX 20645
TAMPA
ST FL
ZIP 33622-0645
'1
. I
-~-
.'
e-
,..,.;,.'.........~~'~I"!~\l!"""..~~.I~.'JlM~.;;:.~~.~....,.~~f'l;<\q'<~.~\'.}'.."1';.,y.l!.i\\':".!!1~.t~..
'. e .. . "j
This Warranty Deed
JfJRIDl F. I( a.m, amc If IDJ1T
PIIRJJI auav, FI.IRIm
r'
Made Ihi, .L day nl April AD. 200
'>Y HYDB PAlUt BU1:LDIRG PAR'.mBRSBXP. A PLOlUDA
GERERAL PARnmRSBIP. JOYCB C. ADDISOB.
PARTNER AND JfA1lIB C. TERRY. PAR'lIIBll AIm
WILLIAM J. TBlUlY. PARTHD -i /0' f~Sm.eUJ..I
hereinafter caned the granlor, 10 .,.....'" p.~ Fe. ~3
Tom DeVocht, &8 truat_ of The CllIlrch of
Scientology Religious Trust H
'11.098271. 01\-12-2001 10:04:16
51 ro-vllllffl TERRY
00Xl0lXXm
II: Ilk:
REIDlIlOO 002 f'lVIS
:r- !XI: STAff - 1R219
:.!'9 IitIDlD FEES
l
lOTll:
P jt(ffJ. mmED:
whose pO'1 nffice address LII: DW<<iE:
319 South Garden Avenue
Clearwater. Florida 33756 R'f. -_1VUlY \lllI(
Grantees' Tax Id # 1 01-113415 FlPR-12-2001 9 S5An
. "INELUlS CO SIC 1 J309 PG 871
hereinafter called Ihe granlee: ,..........
~ ... (Whcnew:r U5Cd hc:rcin lilt: lenn ."anl''''- aad .Cr.ltt:. tnclude alllbr partta. ." Ih. _nancn. and "te
Ie' hcir.c. lepl n:pracnlal1\'a aa.J ~~ uf tadwftJ.... and tk ~,. and ~ uf n'f'P"ntl"~)
..~:';.C"\" Witnesseth, lhallhe granlor. lor and in a.....iderali..n ,>I I"" sum ..I S 10.00
and other valuable con..idcratiun,. rcl'Cipl ..t.Crel,r i>. hcrcry :lckn..",icdged. hereby granb. ""rgai"" ",I~ alien.... .emi"""
., rele..."".. etln""Y' and con6rm. unl.. Ihe granlce. aB lhal con;sin land silUalc in PIRBLLAS
Counly. Florida. .i"
See Schedule A attached hereto .~l by this refereace made & part
. hereof.
'I..~
c.
".;,. .'.:;
r:....
Cl~ ~..
....~:G. I.~' . I
I.t
9'G:
1
3
~
rni:
SiD.50
52.555.00
52.00
$2.567.50
IMb7.50
5.00
SUBJECT TO Coveaaats. restricti~. ea.<<ments of record &Dd taxes for
the curr8Dt y_r.
Said property is not the homostlMd of the Grantor(sl under the laws
aDd constitution of the Stato of Plorida in that Deither Grautor(s)
or any ml!lDlbers of the household of GraDtoJ:(sl rea:lde thereon.
..wi~h full power sDd authority to protect. conserve. sell. lS88e, encumber or
otherwise manage and diapose of said property puruaaut to l.S. 689.071.
Parcel Id8Dtificatioa ~I 15/19/15/54450/007/0140 . 0131
Togethcrwilh 1I111..lenrmc:nl,. ho:r~..tilam.nl'"" arrurtC1laJ\cc.'Ihcn:t.. hel",~;n!l or in an~'n.c .""crt.inin!!.
To Have and to Hold. the ...me U. r~'C ...pac r..",,,,.
And the granlllr bcrdty e"...nanl, with said WaDlI:C I..... I"" granllW is lawfullY ",,;"".1 ..I ..aid land in tee simple;
lhal Ihe granlor ha. good\;s/lI and 11I..fulllUlk"rily I" ""It and ..10......' said Iaad; lhat the l!"aDl... hen:tty lully ....arr.n..
the litle tll said land and wiD defend lhe same .,unSl I"" b..ful c1,.;"", llf aU ",:r''''l' wltom.........r: amllllal :.;oid land i,
Iree oC ullrnt'\lmbrun~ClIa:f11I",",' aa:iuing >Um.:qUCnllll o.:(('"1II""r '.'1. :l000
I 10 WItness WberaJr,. Ibe ",j.J !;l".lDlll' ha.. siglEd and ""..Icd ,he.... prc:ocnb the d.~ ..... year liN ah"""
\Witlen.
,.,'-,-
fc)C
,~~ .-
'2."
sz;rf.~Y:::'"
~ '. t,-: ,
'- ~
--
ONEEDA 1. GUAGLIARDO
prtnted nsae of vitne.. '\
r
~L'~
"/(4
"'.-.
A nORIDA
. PAIl
._._~~ ~.. ...~
~
,.-..."""'""
Slule llr Pl'p.I~
Cllunlrnl ~~ . ~
The IO""1l"ing ;"olrum<:nl wu.. ackn.iwlt..dgcd hel..... me ,h... ,(<.Jav't!. April 200~
IIYJ)B PAlUt BtJILDIRG PUTRERSBIl".A FLORIDA GBRERAL PARTHBRSBIP BY,
JOYCE C. ADDISOB. PAR'l'RD. AND DRIll C. '1'JDIJI.Y. PAR'DfBR ARD NILLUII J..
...h"BJl&IIaI,JUI5HBR me.... wht. ha:< pood\K1:d "" idt....lirlClli"n.
DRIVERS LICBlfSK
'#
~
"""I)...
$,"',1
PREPARED BY, MARY BALL
RECORD a RBTlJRN TO I
GOLD SERVICE T:ITLIl :IRstJJtA1i1'CE CO.
4762 C8Dtral Avenue
St. Petersburg. PL 33711
-i-
::7
~~~~:~~-,
.'tl (-11I"11...... I"'ru~.:
:~~;b ~'. . ~:o=
I ". ,>il ...",. ~'_'L_
'.t;'
I..::... .,:::..::: :.. 01008287
D1
r.""..
.{.4~ ~~ -.!-,,_.
~
I
PINtLLAS COUNTY -LR
orr Rtc.eK 11309 PO B?2
l
8chudule A
The w..t 24.7 feet of Lot 13. .11 of Lot 14 and the BaBt 8 feat
of Lot 15, Bloak 7, HAGRCLIA .ARI SOBDIVtSlOR. according to the
plat thereof a. recorded in 'lat llOOk 3, .age 43. 'ublic Records
of Pinella. County, Florida
ARD
The Zast 25.3 fe.t of Lot 13 aDd t~. W..t 10 fe.t of Lot 12. all
in Block 7, MAGNOLIA .A1Ut SUBDXVIS:IOH. accord.ing to the plat
thereof as record.ed in Plat Baok 3, Page 43, Public Records of
PineUa. County. Florida.
.~
. ,
~~'~,.:
;~;"
. ",-:':
~:~~.
}:: .
'~i;
if.
),
,
~
1.
~
~
~.
::-.-
..........~. .........,~...
~~ ;o".'~ ,_,..?"" :~.
1f--C{-:::~~.t~-.,,_::~._ ~~ ~ (~
h>..
..-.:.,; "
.~;:-~f~.:' .:-....~_
File Ko. 01008287
I
J
,
.
I
DP'
~~)J~~{~i~~; :'~;:. ;"~'-~~~~76~-~~
.r~..~".:lt:~~
FC I'lM'lI..
e
N
0='
i
<I
~
.J
I-
"
<
'---'--------.1' : ~ ~
,. 1 It
;,
II" ' , ) ., f
<.J
"
r
~
(
(
~
11 ..
'1'1' If
-~
e
, ~
rE~-"" ~- ---.-:-"7
fa ~;':::.:: :,::
EO.....,...'"
,f~ ')' roTl,I:~I: ~
~~"J"I'''.''of''''...r:~1
t ....1....e::N'"
~~
I!J:--;- ,. -, 1 :..
~It,.
r
--
J.~~~~ :q~":'::E~
.., .~ ,. .. -':':.':."---0;;- _.~..,.r ;"--::;'"";.'
..i.. . .~;.:,"'!,;;r~'W;";::~":=':~:'.. ,,~uw:.(.;;c'~~'~,~~~:-:::~:.:o.-:...:....- ...
.........,."-."j....
"' 11 It I
"ltJ"',.,.kRl
. , .. I
: 'CA,"",ocoo.H"
&; ~ u._;\ . 1 . J ~ r . T ,~]J ~ .
... =-!... 'I .
i :...;- ., ~ \' ~"'. .. ~~ " . ,~1~ .1~1..I.r.r,l~ I
-r---'- '- "G~A ~~
.. , ~
I , .... ~ &. ,-." wi ' .. J, ~ '-." ~~. It
f~' . ; ; '" m:rnr: ~~: : ~:,:"".:; ""~i
j{. 0-' .... BI8Jj H d .. u. . .i
.1 r-;:..,fIlc: ~ S>t' '-=1
fl'1r." ".. ~".J......,,.l
"I"'" ft . ""i ..,. r. .. I.. ., " .." .. ',; I
, -s,;!
....r.,. CEEIJJf." .r.,.'
:: St4'J"" II' IUfWr...... ~.n n, !
LIVe,. oST. ~I
.,., .,.......'1...... "~,I
l.'"! .... "".:'!'..&"11i..,
CI-<<:'S".ITA--~' ~---~._--
'"'II''''''' ,::::::::". ::,
~i:
.. ,. ill "3 IIll
,. · , , .. .. , · .. ...... oJ' .... 'Ii ,. ,.. .,.... & .. ';t ... ~.. ~
, P'N"1t I 9T. :)1>
'. . , " r I ... . T . ~ .. ......" ~ " .. .i~ ~
.. , , , . . , .!. ~ 'r . .. '... - T':" . r
'~';lm:;;'~ To;S 1: ~ '.? -~~L.-_'~
! ~..c-. ...e-~ 4r , ,.~
II I_ . . ". .. . , , t.~. ".__~
~( Co..-:-->- c............
AV'~.: ~.~A& ..... -..--
. " .. 1 I
-, ... . , , . q
, , ro , , , ...:: .~~~
, " ,. '" i.~1
~
"1..- ., .,
"" I.,
~T.
, . .
4 S' ~ 1
f""
J
~ 1.
~ ~
~l....~ ~
~ti
~1
II I).
..,I....., ":1..,_....,
t-
v
I~
. ., I l " of'r " T
p~p,
MASt(OL,I~
Cl_Ef'\tt "",....,T 6. f-l. F" L ~
61( :}
p3
43
1i11
i ..-
";#~T=--- -I
--~:~ :::j
.....,"~=-- -f
.:~_~:!-ti""-_1
"-4'~~";;'= .:::1
_~..I'_'L. _I
;;;.l-._ s;=.~~r_...J
. ."-!arh..olI
",-,",,,".~ .r'i.........:... 1./,
"" .,. .., ..1.,..... .1__ ./"--6
.L-:: ;-~ ~ I,::,!:~~-' _L --of...
tN:I..,.. IVf_.,:...... ._.....
"- 8'. r-/::,' J; f'. 46.
,.....;11., Ca.R.,_
7-4.- .L--c.. ,..,- 'r'~,
t'.),..;"-:" ~
~L.-.- .:.:.-- t!-.
,
~'
IT
.~
"f
O~"P..:L. ...
. . " .s'iJo ../?lJrl
11-/7- ,:1
~U:..I. ,\"..
n .f~":'"... "
. 'l"I~'L.L,,,,,,,,:...t
r.~ 1\...Q.J
'17'15" 'lO~
J"'~" 'If
~~
AhoO ' . JL,I
5':'!;.,,"
\l~~'
K:~~'"
I ~ .........~!
-'.-13- 81
Pm.w. ....
'l1\~?~
!.!!~
8.J-
'!!I
r:>.
.Q~~
, "~1,...S..
~ f~"':;:~-"1..:...'::.~~c.."i:.f~ i~::;"'='i. .,~;~~ ~~:ej
VI/"",e:t.,..,f"'",,twc,,," .......~" .'tt.......~rJo....".._~\.\'"'
-:~s"./~--::...I:f~~.~~ ~fioc ".,. .,.. ..:...:~
". ....... 't1'..~ ft.,"'" ,:';": .,.... oHo:(f..: .e, ""~5 ~~.
-i..... A~L"'(, ..... e:.n...rfM"t d.... IIl-i.. ".....'.,,>><. .."",,,,,.
seJl.-t."... ~"".."__Q~'ft. ,.....-.c... ~-(...,..'i.........v,.,."..
C...~. F\....d... J
e.c..\" ,"at. . 8.-, .,.. 3">>,-........- C.....
Tc_i- ,R.
i\, ".G-..- :;...roo.. "'"(-'''.4
I
I
~.,.
-"" ~ "::, --..',::::::,
,'/- -", /,,--';;;....;,
I.f ~ 1(! .
,., .. .. ,c-..t::C."1il'i.~ ._"
. ~ ~:f .
________~.. _ ~ l\ & ..~ ~..,
-...\ri \,i,...:..,
~1!.g Policy No. FA-35- 611132
'.-.- ...-7.
-v'
~"
POLICY OF TITLE INSIJItANC}:
J:';:';U [I UY
First AmeJ.icanTitle IllSUrt1:nce (:~~)[l~p(:In.Y
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the Insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. 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.
First Alnericc1n TItle Insura nCt~ C'ornpany
::~E~~ L ~"i~i'!jfi'[
~1jjI.Yilfill' ""J-li,*,"f'!llt,
"ili';;S~i\ '_;;~'(4lI>-
"'j'~ ~~\'\'~-~~~~~~~,~-~-~-:~,
(TP 10/99)
ALTA Owner's Policy (10-17-92) (WIth Florida Modifications)
,.,~
,,~Ji:J
EXCLUSIONS FROM COVERAGE
1. (a)
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:
Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice 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.
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.
(b)
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The followin~ terms when used in this l'olicy mean:
(a) "insured: the insured named in Schedule A, and,
subject to any rights or defenses the Company would
have had agamst the named insured, those who succeed
to the interest of the named insured by operation of law
as distinguished from p'urchase including, but not
limited to, heirs, distnbutees, devisees, survivors,
personal representatives, next of kin, or corporate or
fiducial)' successors.
(b) "msured claimant": an insured claiming loss or
damage.
(c) "knowledge" or "known": actual knowledge, not
constructive knowledge or notice which may be
imputed to an insured 6y 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 (A), and improvements affixed thereto which
by law constItute real property. The term "land" does
not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right,
title, interest, estate or easement in abutting streets,
roaas, 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 relatmg to real property to
purchasers for value and without knowledge. With
respect to Section l(a)(iv) of the ExclUSIOns From
Coverage, "public records" shall also include
environmental protection liens filed in the records of the
clerk of the Umted States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or
apparent matter affecting the title to the land, not
excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of
Date of Pohcy 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
mortg~e -.&iven to the insured.
3. NOTIC'E OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promplly in
writing (i) in case of any litigation as set [ortb in Section
4(a) tielow, (in in case knowledge shall come to an
insured hereunder of any claim of title or interest which
is adverse to the title to the estate or interest, as insured,
CONDITIONS AND STIPULATIONS
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 PAYOR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company
shall have the following additional options:
(a) To Payor Tender Pavment of the Amount of
Insurance.
(i) To payor tender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the
Company is obligated to pay.
(il) 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 re<J,uired,
shall terminate, including any liability or obiligalJon to
defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation.
(b) To Pavor Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for
or in the name of an insured claimant any claIm insured
against under this policy, together with any costs,
attorneys' fees, and expenses mcurred 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 mcurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is oblIgated to pal.
Upon the exercise by the Company 0 either of the
options provided for m paragraphs (b )(i) or (ii), the
Company's obligations to the msured 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 lilJgation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss 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 of:
", (i) the AJ1lOunt of. Insurance stated in Schedule A;
or,
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(b) The Comoanv's RilZhts Against Non-insured
~
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
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.
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration AssociJJtion 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, and service of the Company in connection
with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the Insured,
the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court
havingjurisdiction 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 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.
(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.
FATle-52!
. -
.
First American Title Insurance Company
SCHEDULE A
41305.102100
Agent's File No.: 120421- 4 - 01
Policy No. FA~35-611132
FATIC 120421 AMO
Amount of Insurance $ 3 65 , 0 0 0 . 0 0
Date of Policy: Augus t 23, 2001
05:20:00 PM
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a municipality
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 CLEARWATER, FLORIDA, a municipality
4. The land referred to in this policy is described as follows:
The West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet
of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISON, according to the
plat thereof, recorded in Plat Book 3, Page(s) 43, Public
Records of Pinellas County, Florida.
AND
The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all
in Block 7, MAGNOLIA PARK SUBDIVISION. according to the plat
thereof as recorded in Plat Book 3, page 43, Public Records of
Pinellas County, Florida.
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL &
BURNS
911 CHESTNUT STREET
CLEARWATER, FLORIDA 33757
By:
FATIC-522
First American Title Insurance Company
SCHEDULE B
Agent's File No.: 120421-4-01
Policy No. FA-35-611132
FATIC 120421 AMO
(and the Company will not pay costs, attorneys' fees or expenses)
which
This policy does not insure against loss or damage
arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
or inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such
portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
NOTE: Exceptions numbered 1, 4, 5, and 6 above are hereby deleted.
Special Exceptions:
7. The lien of all taxes for the year 2001, and all subsequent years,
which are not yet due and payable.
8. Any minerals or mineral rights leased, granted or retained by current or prior owners
Item 8 above is hereby deleted.
and which might cause loss or damage for which the
Company may be liable by virtue of tliis policy, or (iii)
if titre to the estate or interest, as insured, is rejected as
unmarketable.. If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
matters for which prompt notice IS required; provided,
however, that failure to notify the Company sliall in no
case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure
and then only to the extent of tlie prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONSj
DUTY OF INSURED CLAIMANT Tv
COOPERATE.
(a) Upon written request by the insured and subject to
the opllons 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 lillgation 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
insureo 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 right, 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 sliall not thereby concede liability
or waive any provision of this policy. ]f the Company
shall exercise Its rights under tliis paragraph, it shall do
so di]igently.
(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 jUflsdiction 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, al 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, ana (ii) in any other lawful act
which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest
as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy
shall 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
signea and sworn to by tlie insured claimant shall De
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts gIving rise to
the loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy which
constitutes the basis of loss or damage and shall state, to
the extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by
the failure of the insured claimant to provide the
required proof of loss or damage, the Company's
obligations to the insured under the policy shall
termInate, including any liability or obligation to
defend, prosecute, or continue any litigatIon, with
regard to the matter or matters requiring such proof of
loss or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Companv 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 date before or after Date
of Policy, which reasonably pertain to the loss or
damage. Further, if requested by any authorized
representative of the Company, the insured claimant
shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and
copy all records, books, ]eagers, checks, corresl'ondence
ana memoranda in the custody or control of a third
party, which reasonably pertain to the loss or damage.
(ii) the ~ifference 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 Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a
loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount 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. UMITATION OF LIABIUTY.
(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.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMUlATIVE.
It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy
insuring a mortgage to which exception is taken in
Schedule B or to which the insured 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 within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SEITLEMENT.
(a) The ComDanv's Ril!ht of Subrol!ation.
Whenever the Company shall have settled and paid a
claim 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 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.
16. SEVERABIUTY.
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 furnished the
Company shall include the number of this policy and
shall be addressed to the Company, Attention: Claims
Department, 1 First American Way, Santa Ana,
California 92707.
e e
TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN
HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSESSIONS
SELLER OR OWNER-BORROWER: CITY OF CLEARWATER, BY: EARL BARRETI
LEGAL DESCRIPTION: LOT 8, BLOCK 12, MAGNOLIA PARK
and Parcel "B"
PURCHASER: CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, BY: TOM DEVOCHT
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:
I.
No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting,
rugs, lawn sprinklers, 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
APPROXIMATE AMOUNT
2. No loans of any kind on said property except the following:(ifnone, so state):
NAME AND ADDRESS OF CREDITOR
AI)PROXIMATE AMOUNT
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 eredction of improvements or repairs have been fully paid and satisfied,
except (If none, so state)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS APPROXIMATE AMOUNT
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 MATERIALS
APPROXIMATE AMOUNT
5. 1, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to fumish 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 APPROXIMATE AMOUNT
6. I, the undersigned owner, further certify that 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 IMPROVEMNETS OR REPAIRS TO SAID PROPERTY ARE NOW COMPLETED AND HAVE BEEN ACCEPTED BY
PURCHASER AND/OR OWNER-BORROWER.
INDEMINTY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO
PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION,
THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS
NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS 4~D ATTORNEY'S FEES
THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS,
PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUB:TECT PROPERTY, OR A
PART THEREOF OR ARE SUBSEQUENTL Y ESTABLISHED AGAINST SAID PROPERTY
AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO
THE CONSUMMATION OF THIS TRANSACTION.
I REALIZE THAT THE PURCHASER AND/OR LENDER IN THIS TRANSACTION ARE
RELYING ON THE REPRESENTATION CONTAINED HEREIN IN PURCHASING SAME
STATE OF FLORIDA
COUNTY OF PINEL LAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS 21ST DAY OF AUGUST, 2001.
~
CITY OF CLEARWATER
CHURCH OF SCIENTOLOGY RELIGIOUS
TRUST
BY:
EARL BARRETI
BY:
TOM DEVOCHT
~./'7
/:
NOTARY PUBLIC~/
""i"", l ARY Sm;~
",~~\~~t~~:'\ MARIANNE SCHAFFER
~.:' ':*: CC 698089
. ~"~,,,.,.:~'::tW Cm,-lMISSIO"l EXPIPES
"',. - '('i:,:.-'"
J
/
MY COMMISSION EXPI~S:
/
. - .
.- ~.-._~.-, ,_.-.-,->"..,.. ........_--, ,
.:~j,.:;;JJ.
e
e
..
BORROWER'S AFFIDAVIT (GAP)
STATE OF FLORIDA
COUNTY OF PINELLAS
FILE NO: Cn080009
BEFORE ME, the undersigned, !:his day personally appeared CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
(" Affianc( s) "), WhO,L being by me: first duly sworn,.. says:
1. CHURCd. OF SCIENTOLOGY RELIGIOUS TRUST
is/are the proposed. purchaser(s) and or horrower(s) of cert3in real property located in Pinellas'
County, Florida. which. is more particularly described on Exhibit "A" attached hereto. and made a part ..
. aereof (the. "Property"):..
. 2. AftI~[(s) is. familiar with Stewart Title Guar3nty Company'"s Mortgagee'~ TItle ~nce
Commitment II C~ 0 ~ as 0 a a 9 bearing an effective dare of August: ~a,.. 20. a:1.
5: 00 p..m_ _ (the"Comminnent").
3.. There have been..ro my knowledge no documems recorded in me- Public Records ofEi.:neIIas
County,Floridasubsequentto August: ~a, 2Qa~ 5:00 p.m. which- affecrtitleto the
Property insured; and. (i) that there are no maners pending against chem lh~ could gi.ve.rise to oa lien:~r
would attach to the subjecr property between the effective date. of the Cormn;tm~nt" and. me recording of
the insUilments giving rise to the interest: to be insured, and (ii) that the affi~mtq have not executed. and:
will not execute any lnsttument tbal: would adversely atfea the title to the subject: property or the lien of
any mortgage to be insured pursuant to the Commitment, save and. except the following: _ -..
4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent,
STEWART TITLE OF CLEARWATER, INC_ ) to issue a Mortgagee's TItle Insurance Policy to
Dated, this
day of
~AtLJ-~
CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
Sworn to and subscn"bed before me this fi r;...... day of ~ > "Z.. 0 0 \
-} CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
L-rOl"Yl """DeAloe,.h-r o-s Iru...si7z-,e.. a.f- ~
i,/are EwIY kn~ me or who ba:ilbave produced driver license(s) as fdentification..
, by
~
-,C.SO'd
E99vLvvEl8 'ON KV.:i
My commission expires
.
tl
I (c,~
~ tOo
. "":J /0
\ ty t, ,'":7
\ oa..
i/-.)..
e
I\tOO.t.t.f't t. lit. tll.HI\t.K, l.U:I\I\ ut WUK I
. p~ mIffi',FURIDA
~9829 00-23-2001 17:16:16 HDK
51 IIIH:ID ClIAR'iATERITIII DE1IDIT IT
4'13261
11:01296047 1lK:11542 SPG:I609 EPG:l6l0
RECORDING 002 PAllS 1 S10.50
DOC STAlf - DR219 3 $1,095.50
.'....
..
01-298047 RUG-2:3-200 1 5: 17PM
~INELLRS CO . BK 11542 ~G 1809
.111111111111111111111111111111I1111111111111111111
PAGES ,:L..
ACCT
REC 1>11J.~
DR219 "LO'lS,!;'~
DS
lr< 1
FEES
f<jil4F
RE1\JRN TO' /
Stewart Title of Clearwater, Inc.
1290 Court Street
c.learwatW-1F.J83.3Z569
File No. V U UW'
TOTrt:
CIfCK 11fT. TENIEID:
CJWIiE .
BY mDIL. DEPUTV ctiRK
$1,106.00
$1,106.00
$.00
?~
t:~~.-:-: -----.- SPECIAL WARRANTY DEED
~uL7-r~'~tJ
TG.'.~.__Madethis ~/!! dayof ~-e~ ,2001 by the CITY OF CLEARWATER,
_ C:-< :> FLORIDA, a Municipal. Corporation 6'f the State of Florida hereinafter called the "Grantor", to TOM
8HG N;i i --.D-E.VOCHT, AS TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, with full power and
authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of the real property,
whose Post Office address is: .319 South Garden Avenue, Clearwater, Florida 33756, hereinafter called the
"Grantee":
(Whenever used herein the lerm "grantc(' and -gnmtee" include aU the parties 10 this instrument and the heirs. legal representatives end assigns of individuals, and the successors
and assigns of corporations)
Witnesseth, that the grantor, for and in consideration 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 of the following parcels of real property situate in Pinellas County, Florida, viz:
Lot 8, Block 12, MAGNOLIA PARK SUBDIVISION, as recorded in Plat Book 3, Page 43 of the
Public Records of Pinellas County,Florida,
-AND-
A portion of Section 16, Township 29 South, Range 15 East, more particularly described as
follows:
From the intersection of the North right-of-way of Court Street and the East right-of-way of
South Garden Avenue, run East 140 feet for a Point of Beginning; thence Northeasterly 300
feet; thence East 55 feet along Franklin Street; thence Southwesterly 300 feet; thence West
55 feet along Court Street to the Point of Beginning
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.
Subject to nondelinquent ad valorem taxes and current installments of special assessments not yet due and
payable, to highways, rights-of-way, licenses, easements and restrictions of record generally, zoning
ordinances and other govemmentallimitations.
And the s.<iiid Gr:.antor does specifically warrant the title to said land and will defend the same against the
lawful claim of all persons claiming by, through or under Grantor except taxes for the year 2001 ;:md
subsequent, and subject to the matters hereinabove mentioned.
Parcel Numbers: 15-29-15-54450-012-0080 / 16-29-15-00000-140-0300
...
. '
4'
.;
e
A'
, ", 10'" '"
. .'
.
PINELLAS COUNTY rLA.
Orr.REC.8K 11542 PG 1610
In Witness Whereof, the grantor has caused these presents to be executed in its name, and its corporate
seal to be hereunto affixed, by its proper officers thereunto duly authorized, the. day and year first above
written.
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
E. Goudeau, City Clerk
, ~ .
. ,~-' ",... "~.,
,
;i~ lJ
>:/
i
f
t
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, Mayor-Commissioner of the
City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof
to be his free act and deed for the use and purposes herein set forth, and who is personally known to me.
'I-L
WITNESS my hand and official seal this ~ 6 day of August, 2001.
C~~.;;f. ~
Notary Public "- State of Florida
Print/type name:
STATE OF FLORIDA
:SS
COUNTY OF PINELLAS
NOTA:W PUBLIC. STATE OF FLORIDA
(;AROL YN L BRINK
COMMISSIOI;" CC334678
EXPIRE S :'1': 212003
BONDED THRU ASA '.OSO.NOTARY1
BEFORE ME, the undersigned, personally appeared William B. Horne II, City Manager of the City of
Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be
his free act and deed for the use and purposes herein set forth, and who is personally known to me.
'fl-
WITNESS my hand and official seal this;}.,o day of August, 2001.
Q x.~
Notary p~e of Florida
Print/type name:
AU ~s~ronn
Pamela K. Akin, City Attorney
NOTA;W ?:;BLlC . STATE OF FLORIDA
"Al'OL YN L BRINK
COMl>,l:IS:;IC"~.' CCll34678
EXP'Rf 51'::12003
BONDED TH:,:J i,S~ '.,,88.NOTARY1
Page 2 of 2
A. ~ ':T ."M'" OF HOUSING AHO "aEVELOPM'" . TYPE OF LOAN
- - '~ , 1. [ ] FHA 2. [ ] FMHA 3. [ ]CONV. UNINS.
~':'
J' 4. [ ]VA 5. [ ] CON V . INS. [X]Cash (6)
6. FILE NUMBER: 7. LOAN NUMBER:
01080009
8. MTG. INS. CASE NO.:
C.NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
("p.o.c. ") were paid outside the closing: they are shown here for Information purposes and are not included in the totals.
D. NAME OF BORROWER: CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
ADDRESS:
E. NAME OF SELLER: CITY OF CLEAR~ATER, FLORIDA,
ADDRESS: PO BOX 4748, CLEARWATER, FL 33758 SELLER TIN:
F. NAME OF LENDER:
ADDRESS:
G.PROPERT'Y LOCATION:
;
H. SETTLEMENT AGENT: STEWART TITLE OF CLEARWATER PHONE NUMBER: (727) 441-2689
ADDRESS: 1290 COURT ST.
CLEARWATER FL 33756 SETTLEMENT AGENT TIN: 59-1433918
PLACE OF SETTLEMENT: STEWART TITLE OF CLEARWATER I.SETTLEMENT DATE
ADDRESS: 1290 COURT ST. Closing date: 08/20/01
CLEARWATER FL 33756 Proration date: 08/20/01
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
10 I. Contract sales price .156,500.00 40 I. Contract sales price 156 500.00
102. Personal property '1 402. Personal property
103. Settlement charges to borrower(line 1400) ; 10.50 I 403.
104. 404.
105. 405.
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106. City/town taxes to 406. City/town taxes to
107. County taxes I 407. County taxes
108. Assessments to 408. Assessments to
109. 409.
110. 410.
Ill. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER: 420. GROSS AMOUNT DUE TO SELLER: 156,500.00
156 510.50
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
20 I. Deposit or earnest money 501. Excess deposit(see instructions)
202. Principal amount of new loan(s) 502. Settlement charRes to seller(\ine 1400) 2,203.00
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. EXCHANGE PROCEEDS 156 500.00 507. EXCHANGE PROCEEDS 156,500.00
208. 508.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. Cityltown taxes to 510. City/town taxes to
211. County taxes to 511. County taxes to
212. Assessments to 512. Assessments to
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER: 520. TOTAL REDUCTION IN AMOUNT: 158,703.00
156,500.00
300. CASH AT SETILEMENT FROMrrO BORROWER: 600. CASH AT SETILEMENT TO/FROM SELLER:
301. Gross amount due from borrower(line 120) 156,510.50 60 I. Gross amount due to seller(line 420) 156,500.00
302. Less amounts paid by/for borrower(line 220) 156 500.00 602. Less total reductions in amount due seller(\ine 520) 158,703.00
303. CASH [X FROM] [ TO] BORROWER: 10.50 603. CASH [ TO] [X FROM] SELLER: 2,203.00
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404)
is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will
he imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER INSTRUCTION-If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax
return; for other transactions, complete the applicable parts of Form 4797, Form 6252 and/or Schedule D (Form 1040).
You are required by law to provide Stewart Title of Clearwater, Inc. with your correct taxpayer identification number.
If you do not provide Stewart Title of Clearwater, Inc. with your correct taxpayer identification number, you may be subject to civil or criminal penalties.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification numher.
<:', !Lj
F !.~: OJI)8~,:J L. SETTLEMENT CHARGES PAID FROM PAID FROM
BORROWER'S SELLER'S
.., FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISION Based on $ @ %- AT SETfLEMENT AT SETfLEMENT
Oivision of Commission (line 700) as follows:
701. $ to
702. $ , to
703. Commission paid at settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee %
802. Loan Discount %
803. Appraisal fee to
804. Credit Report to
80S. Lender's inspection fee .
to
806. Mortgage Insurance application fee to
807. Ass~mption Fee to
808. .' to
809. to
810. to
811. to
812. to
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Interest from to @$ /day
902. Mortgage insurance premium for mo. to
903. Hazard insurance premium for yrs. to
904. yrs. to
90S.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance mo.@$ , 1 per mo.
1002. Mortgage insurance mo.@$ I per mo.
1003. City property taxes mo.@$ .
per mo.
1004. County property taxes mo.@$ per mo.
100S. Annual assessments (Maint.) mo.@$ per mo.
1006. mo.@$ per mo.
1007. mo.@$ Per mo.
1008. mo.@$ per mo.
1100. TITLE CHARGES:
1101. Settlement or c10sinll 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 to
110S. Document preparation to
1106. Notary fee to
1107. Attorney's fee to fl risk ra to
(includes above items No.: )
lI08. Title insurance to STEWART TITLE OF CLEARWATER 857.50
(includes above items No.: )
1109. Lender's coverage $
1110. Owner's coverage 156 500.00 $ 857.50
1111. to
1112. to
11 13. to
1114. to
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 10.50 Mrtll $ ReI. $ 10.50
1202. City/county tax/stamps: Deed $ Mrtl! $
1203. State tax/stamps: Deed $ 1 095.50 Mrtll $ 1,095.50
1204. to
1205. to
1206. to
1300. ADDITIONAL SETfLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303. to
1304. to
1305. to
1400. TOTAL SETfLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 10.50 2 203.00
CERTIFICATION: I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all
receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-l Settlement Statement.
_b::ty _O_f~arw;~~r#~ _
Borrowers Sellers ~
The HUD-1 Settlement Statement 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 w' is s tement.
S
August 21st., 2001
Date
,"'.'"...,{1
owingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and
, I":' \ .,t.. (~"'-'{;('" If),"1 ',1\,-1 ~.,:>r'lin', l(\~r\
~
American Land Title Association
,r
'tment - 1966
'l
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Sanctity of CoOtral:1
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the
Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears
an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal
to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE OF CLEARWATER, INC.
Company
CLEARWATER, FL
City, State
Serial No. C - 01080009
005N Rev. 3nS
~
"
e e
COMMITMENT SCHEDULE A
'"
EFFECTIVE DATE:-Augl::ll3t 10,
~
2uu.i =>:uu p.m.
FILE NO: 01080009
e/4&/ ~
COMMITMENT NO: C-OI080009
Inquires Should be Directed to:
MARIANNE SCHAFFER
STEWART TITLE OF CLEARWATER, INC.
1290 Court Street
Clearwater, Florida 33756
(727)441-2689
1. POLICIES TO BE ISSUED: AMOUNT
(a) ALTA OWNER'S POLICY - (10-17-92) with Florida Modifications
$
156,500.00
Proposed Insured:
TOM DEVOCHT, AS TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
(b) ALTA LOAN POLICY - (10-17-92) with Florida Modifications
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is:
3. Title to said estate or interest in said land is at the effective date hereof vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this commitment is described as follows:
Parcel "A":
LOT 8, BLOCK 12, MAGNOLIA PARK, according to the map or plat
thereof as recorded in Plat Book 3, Page 43, Public Records of
Pinellas County, Florida.
Parcel "B":
From the Intersection of the North Right-of-Way of Court Street
and the East Right-of-Way of South Garden Avenue; run East 140
feet; thence Northeasterly 300 feet; thence East 55 feet
along Franklin Street; thence Southwesterly 300 feet; thence
West 55 feet along Court Street to the POINT OF BEGINNING, in
Section 16, Township 29 South, Range 15 East, Pinellas County,
Florida.
~~
~
~
~
END OF SCHEDULE A
STEW ART TITLE
GUARANTY COMPANY
This Commitment is not an abstract, examination, report, or representation of fact or title and does not
create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort
claim or action. The sole liability of Company and its Title Insurance Agent shall arise under and be
governed by paragraph 3 of the Conditions.
e e
SCHEDULE B - SECTION I
COMMITMENT NO: C-01080009
FILE NO: 01080009
The following are.the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
1. Valid photo identification (ie: Driver's License, Passport) and
social security numbers required of all parties to the
transaction by the Insuror.
2. Special Warranty Deed to be executed by the CITY OF CLEARWATER,
FLORIDA, a Municiapl Corporation of the State of Florida,
conveying subject property to TOM DEVOCHT, AS TRUSTEE OF THE
CHURCH OF SCIENTOLOGY RELIGIOUS TRUST.
B. Affidavit from the seller and the borrower stating:
1. That there are no matters pending against them that could
give rise to a lien that would attach to the subject
property between the effective date of the Commitment and
the recording of instruments giving rise to the interest
to be insured.
2. That the affiants have not executed and will not execute
any instruments that would adversely affect the title
to the subject property or the lien of any mortgage to
be insured pursuant to the Commitment.
3. A sample form of this affidavit is attached.
C. The closing funds pertaining to the transaction must be
disbursed by or at the direction of the insuror or its agent.
D.
An updated title examination, commencing as of the effective
date of this Commitment, which shall be performed at or shortly
prior to the closing of the transaction, should not reveal any
title defects or other adverse matters appearing should be
disposed of prior to closing to the satisfaction of the insuror
or its agent.
:?
~
'.~
~
END OF SCHEDULE B - SECTION I
i
\;
J
.
STEW ART TITLE
GUARANTY COMPANY
\
j
t
1
e e
SCHEDULE B - SECTION II
COMMITMENT NO: C-OI080009
FILE NO: 01080009
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:
(V
Defects, liens, encumbrances, adverse claims or other matters, if any, created, fIrst appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
8i> Rights or claims of parties in possession not shown by the public records.
i on) (b) Easements, or claims of easements, not shown by the public records.
~r (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an acc.urate survey
~and inspection of the premises.
.l.. ol,. (An. Y lien, or right ~o a lien, for services, labor, or material hereto or hereafter furni.'Shed' imposed by law and not
1j1lJ/ shown by the pubhc records.
... ~) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
~y adverse ownership 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.
3. Special Exceptions:
4. Subject to Taxes for the year 2001 and subsequent years, which
are not yet due and payable. Parcel No. 15-29-15-54450-012-0080
Gross Tax for 2000, $-0- totally exempt, as to Parcel "N'
5. Subject to Taxes for the year 2001 and subsequent years, which
are not yet due and payable. Parcel No. 16-29-15-00000-140-0300
Gross Tax for 2000, $-0- totally exempt, as to Parcel liB II
6. Subject to Utility Easement as shown in document recorded in
O.R. Book 6663, Page 202, Public Records of Pinellas County,
Florida. (AS TO PARCEL liB II )
7. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
8. NOTE:
Items No. 2 (a), (d), (e), (f) of Schedule"B", Section II
are hereby deleted.
END OF SCHEDULE B - SECTION II
STEW ART TITLE
GUARANTY COMPANY
e
e
BORROWER'S AFFIDAVIT (GAP)
STATE OF FLORIDA
FILE NO: 01080009
COUNTY OF PINELLAS
BEFORE ME, the undersigned, this day personally appeared CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
("Affiant(s)"), who, being by me first duly sworn, says:
1. CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
is/are the proposed purchaser(s) and or borrower(s) of certain real property located in Pinellas
County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part
hereof (the "Property").
2. Affiant(s) is familiar with Stewart Title Guaranty Company's Mortgagee's Title Insurance
Commitment # C- 01080009 bearing an effective date of Augus t 10, 2001
5: 00 p. m. (the "Commitment").
3. There have been to my knowledge no documents recorded in the Public Records of Pinellas
County, Florida subsequent to Augus t 10, 2001 5: 00 p. m. which affect title to the
Property insured; and (i) that there are no matters pending against them that could give rise to a lien that
would attach to the subject property between the effective date of the Commitment and the recording of
the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and
will not execute any instrument that would adversely affect the title to the subject property or the lien of
any mortgage to be insured pursuant to the Commitment, save and except the following:
4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent,
STEWART TITLE OF CLEARWATER, INC. , to issue a Mortgagee's Title Insurance Policy to
Dated, this
day of
CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
4
c
i,
.1
Sworn to and subscribed before me this day of
CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
, by
is/are personally known to me or who has/have produced driver licensees) as identification.
My commission expires
Printed Name:
Notary Public
Serial Number
e
e
SELLER'S AFFIDAVIT (GAP)
STATE OF FLORIDA
FILE NO: 01080009
COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA, CITY OF CLEARWATER,
FLORIDA,
BEFORE ME, the undersigned, this day personally appeared
("Affiant(s)"), who, being by me first duly sworn, says:
1.
is/are the owner(s) of certain real property located in Pinellas County, Florida, which is
more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property").
2. Affiant(s) is familiar with Stewart Title Guaranty Company's Owner's Title Insurance Commitment
No. C-01080009 bearing an effective date of August 10, 2001 5:00 p.m.
(the "Commitment").
3. There have been to my knowledge no documents recorded in the Public Records of Pin ell as
County, Florida subsequent to August 10, 2001 5: 00 p. m. which affect title to the Property
insured; and (i) that there are no matters pending against them that could give rise to a lien that would
attach to the subject property between the effective date of the Commitment and the recording of the
instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will
not execute any instrument that would adversely affect the title to the subject property or the lien of any
mortgage to be insured pursuant to the Commitment, save and except the following:
4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent,
STEWART TITLE OF CLEARWATER, INC. , to issue an Owner's Title Insurance Policy to
CHURCH OF SCIENTOLOGY RELIGIOUS TRUST CITY OF CLEARWATER, FLORIDA, CITY
OF CLEARWATER, FLORIDA,
Dated, this
day of
Sworn to and subscribed before me this
day of
, by
is/are personally known to me or who has/have produced driver license(s) as identification.
My commission expires
Printed Name:
Notary Public
Serial Number
e
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 rights of action that the proposed Insured 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.
STEWART 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 NUMBER
which appears on the bottom of the front of the first page of this commitment.
.-'"
"f'.,.
~ S ~
:-.::. . ~ ~ property has never been formally dedicated as a utility easement, although the same is
:-~ ~~ ;;;
~ ~ ~ ~ ~ to be used tor such purpose; and
- ,.. =
:-:~,.:
~ <:.; il ~
~::i ~;. resolution; now, therefore,
: ~;J
iJ
~
:., , I o:r>~
-4CcJG
. -J.S.. '.m
. ~ '. f"
'.'; f.,i.
" ~: J '!
._-~
!
.
~
\ <;, L..~'1
~
property; and
e
88010645
e
RESOLUTION
01 C; S S 3 ~ G ,., ? 0 2
No. 88-2
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DEDICATING A ~FOOT UTIUTY EASD~E:-:T ADJACE~'T TO
BLOCK 7, GOULD AND EWINGS 2~D ADDITIO~ TO CLEARWATER
HARBOR (PARCEL A), AND A 3-FOOT enLITY EASD1E~T
ADJACENT TO BLOCK 12, ~1AGNOLlA PARK SUBDIV1SIO~
(PARCEL B), PINELLAS COUNTY, nORmA.
WHEREAS, the City of Clearwater is the owner oC the hereL"Ia!ter described
WHEREAS, it ~ now come to the attention of the City Commission that said
WHEREAS, the City Commission desires to dedicate said property by Cormal
BE IT RE50LVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The property described in Exhibit A, attached hereto, be and the
same is hereby dedicated tor use as a utility easement Cor use by the general public
and the City of Clearwater as their interests may appear.
Section 2. The City Clerk is hereby directed to record this resolution in the
ClO
j:!:Public Records of Pinellas County, Florida.
o:o"'r
...,. CD
~ U; Section 3. This resolution shall take effect immediately upon adoption.
h::.::X"'"
oa:oC')
'-WCD
2:t3w-'
a: oLL..
~~a:c:
a:oo~
t;~
Oa:
A,<
w
-"
CJI
Attest:
PASSED AND ADOPTED this
7th
day of January, 1988.
/s/ Rita Garvey
Mayor-Commlssloner
Is/. Cynthia E. GOUdeau
City Clerk
c- ~
~ 8
- ~
-
c.r -
..
N "-
t-'. ~
-
-Q "-
::% ~-
.
g;
.1
e
.q '1 ; ~ ~ :G n ? 0;
PARCEL A
Begin at t.'le Southeast corner of Lot 1, Block 7, Gould and Ewings 2nd
Addition to Clearwater Harbor, as recorded in Plat Book 1, Page 52, of the
Public Records of Hillsborough County, Florida, of which Pi."'lellas Count']
was formerly a part; thence run Northeasterly along the East line of said
Blocle 7, 265.9 feet, to the South right-of-way line of Pierce Street; thence
run Easterly along sdd South right-of-way line to a point on a line 5.0 feet
East ot and parallel to the East line of said Block 7; thence run
Southwesterly along said line to a point on the North right-of-way line of
Franklin Street; thence run Westerly along said North right-of-way line to
the Point of Beginning.
PARCEL B
Begin at the Northwest comer ot Lot 1, Block 12, :\1agnolia Park
Subdivision as recorded in Plat Book 1, Page 70, of the Public Records of
Pinellas County, Florida; thence run Southwesterly along the West line of
said Block 12, and its Southerly extension to the Northwest comer of Lot
16, Block 12, Court Square Subdivision, as recorded in Plat Book 5, Page
53, ot said Public Records; thence run Westerly along the Westerly
extension of the North line of said Lot 16, Block 12, Cou.'"t Square
SUbdivision, to' a point on a line 3.0 feet West ot and parallel to the West
line ot said Lot 1, Block 12, Magnolia Park Subdivision; thence run
Northeasterly along said line to the South right-of-way line of Franklin
Street; thence run. Easterly along said South right-of-way line to the Point
of Beginning.
EXh1BIT A
-.
I- - I
I
L_ I
I
L
p A R K
!
I 0/
I 'v I
GI w
I -0
I
J ()@ ~
I >
IZ i
CJ " : <r
I
0 ,~ I
IJl <:v I
I: I
I
Ie: p I E R Z
C E
I UJ
:<r I
I
I 0
.J:
I e:
I
I I 10 I~~
I <r
I
I I:) 0
I
~i I
.J:! I
0/ I -<-:<Q_
:0, -0 8 0
~I 'r C:J' IJl
! ~! i
I
F R A N K L i
N
.r
'"
"1
2
U
~
~
c 0 U R T
::.
I
I ~~ Ij 6 6 3 PG fJ 2 0 4-
C()- '()
r/
\ f,
<:Vs T
~
/!
<VJ I
@
I N
I
i
I
I ::L
s T 0::
<r
II
2
'A'
~
, 16 15
~I
I
I
j
I
-.J
o
Z
<..9
E L '8'
<r
~
S T.
16 115 i @
CdURT! SQUARE
i5-53
S T
.oj,) ~ 'J '5urvej!
;:; t. ; ~ '?-
MJP
11-2'; -8;
-
<[
.
ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS
"If you want information about coverage or need assistance to resCJI~ comR.llllints, please call 1-800-729-1902. If you make a claim under your policy,
you must furnish written notice in accordance with Section 3 of the Condttions and Stipulations."
r.\ ~ ....... 4' ?: '~
Visit our World-Wide Web site at: htto:/Iwww.stewart.com -~ ~
POLICY OF TITLE INSURANCE ISSUED BY
01080009
- - - -~
V"
,
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, 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;
;' ,,+\t~!k4,L ";, ,~
3. Unmarketability of the title; .;>U,p'
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 StipOlations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A., .
STEWART TITLE
Gl1ARA.NTY COMPA.NY
Company
City, State
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:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice 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 (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or ~
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer' or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation'to impart notice to a purchaser for value or a judgment or lien creditor.
~~~~~:f 0-2125- 333912
"
SCHEDULE A
FILE NO.
POLICY NUMBER
DATE OF POLICY
August 23, 2001
5:17 PM
AMOUNT OF INSURANCE
01080009
0-2125-333912
$156,500.00
1. Name of Insured:
TOM DEVOCHT, AS TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
2. The estate or interest in the land which is covered by this Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land referred to in this policy is described as follows:
Parcel "A":
LOT 8, BLOCK 12, MAGNOLIA PARK, according to the map or plat
thereof as recorded in Plat Book 3, Page 43, Public Records of
Pinellas County, Florida.
Parcel "B":
From the Intersection of the North Right-of-Way of Court Street
and the East Right-of-Way of South Garden Avenue; run East 140
feet; thence Northeasterly 300 feet; thence East 55 feet
along Franklin Street; thence Southwesterly 300 feet; thence
West 55 feet along Court Street to the POINT OF BEGINNING, in
Section 16, Township 29 South, Range 15 East, Pinellas County,
Florida.
For Company reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the property is:
Street Name:
City/State/Zip: CLEARWATER, FL
County: Pinellas Pin/Tax #: 15-29-15-54450-012-0080
The Company does not represent or insure the above address is accurate
STEWART TITLE
--
Reg. 00012 Rev. 11-91 "NOT VALlO WITHOUT SCHEDULE B"
1.1
Policy Number: 0- 2125-333912
File No: 01080009
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Community property , dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured.
6. Any adverse ownership 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.
7. Taxes for the year 2001 and thereafter and assessments, if any, not recorded in the public records.
8. Subject to Utility Easement as shown in document recorded in
O.R. Book 6663, Page 202, Public Records of Pinellas County,
Florida. (AS TO PARCEL "B")
9. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
Exceptions numbered
1, 4, 5 & 6
are hereby deleted from the Owners Policy.
CO~DITIONS .AND STIPULATIONS
. .
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(0) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Companr would have had against the named insured, those who
succeed to the interest 0 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": on insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to on insured by reason of the public records as
defined in this policy or ony other records which impart constructive notice of
matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and imerove-
ments affixed thereto which by law constitute real property. The term' land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roods, avenues, alleys, lones, ways or waterways, but nothing herein shall
modify or limit the extent to which 0 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 Pol-
icy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
1 (0 )(iv) of the Exclusions From Coverage, "public records" shall also include
environmental protection liens filed in the records of the clerk of the United States
district court for the district in which the land is located.
(g) "unmarketability of the title": on alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would entitle
o 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 on 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 convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by 0 purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED ClAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(0) below, (ii) in case knowledge shall come to
on insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Compcny
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 insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written 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 liab e for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of action which allege matters not insured against by
this policy.
(b) The Company shall have the right, at its own cost, to institute and prose-
cute any action or proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action uncler the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy. If the Company 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 bya court of competent jurisdic-
tion and expresslyreserves the right, in its sole discretion, to appeal from any
adverse judgment arorder;'.'?:,", ~, .' .r,"~
. .--
'.""--. '.
(d) In all cases where this policy permits or requires the Company tOJrose-
cute or provide for the defense of any action or proceeding, the insure shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or interest as insured.
If the Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shallter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or dam-
age signed and sworn to by the insured claimant shall be furnished to the Com-
pany within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi-
ble, the basis of calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to provide the required proof of
loss or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit to
examinatior under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com-
pany, 011 records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section sholl 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 octh, pro-
duce other reasonably requested information or grant permission to secure rea-
sonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy sholl be surrendered to the Company for
cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or dam-
age provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com-
pany up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs \b)(i) or (ii), the Company's obligations to the insured under this pol-
icy for the c aimed lass or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY.
This policy isa contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss'ordam-
age by reason of matters insured against by this' policy and only to the extent
herein described.
.../ ~,y"
.... ~ ..
'.
"~
, ,
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
(B.) (This paragraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of the Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, ond a loss is established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as
if the amount of insurance under this policy was divided pro rata as to the value
on Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
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 0 final determination by 0 court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, sholl 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 lhis policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction sholl be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
filled in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(0) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this pol-
icy, 011 right of subrogation sholl vest in the Company unaffected by any oct of
the insured claimant.
The Company shall be subrogated to and be entitled to 011 rights and reme-
dies which the insured claimant would hove had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com-
pany, the insured claimant shall transfer to the Company all rights and remedies
against any. person or property necessary in order to perfect this right of subro-
gation. The insured claimant shall permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of 0 claim does not fully cover the loss of the
insured claimant, the Company sholl 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 oct of the insured claimant, os stated above,
that act sholl not void this policy, but the Company, in that event, sholl be
required tOlay only that port of any losses insured against by this policy which
sholl 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 sholl 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 low, 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 0 policy provision or
other obligation. Arbitration pursuant to this policy and under the Rules in effect
on the dote the demand for arbitration is mode or, at the option of the insured,
the Rules in effect at Dote of Policy sholl be binding upon the parties. The award
may include attorneys' fees only if the lows of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s} may be entered in any court
having iurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with 011 endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) An.y 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, sholl be restricted to this policy.
(c) No amendment of or endorsement to this policy con be mode except by
o writing endorsed hereon or attached hereto signed by either the President, 0
Vice President, the Secretory, an Assistant Secretory, 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 low, the policy sholl be deemed not to include that provision and 011
other provisions shal remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be Furnished the Company sholl include the number of this policy
and shall be addressed to the Company at P.O. Box 2029, Houston, Texas
77252.2029.
STE'VAIlT TITLE
GUARANTY ("OMI'AN\.
..
t " t
.
,
---------- ~
STEWAR"r "rI"rLE
GUARANTY COMPANY
ESTABLISHED 1893
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
AS BEING
SYNONYMOUS WITH
QUALITY
,~
'::'
.\'df/dI! !' 01 ( Ill/In/el
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston Texas 77252
\~
___ __ -.0 __ _ __ __ __ __ -4~
"
'"
POLICY
OF
TITLE
INSURANCE
\~
.~
0:;;
.t ....
I~H'2~
_ _L!i-C, '~
- I ). ' 1:'.2
"
/
, ".-D <Lv-
\ .., t l~J. V
'"
property; and
88010545
RESOLUTION
0:1 C, ~ ~. '"; ,.' ') CJ ?
No. 88-2
A RESOLUTION OF THE. CITY OF CLEAR',\"ATER, i'LORrDA,
DEDICATING A :}-FOOT UTILITY EASD1E~:T ADJACE~T TO
BLOCK 7, GOULD AND E','iINGS 2ND ADDITION TO CLEARWATER
HARBOR (PARCEL A), AND A J-FOOT L'TILlTY EASC1E:-;T
ADJACENT TO BLOCK 12, ;\lAGNOLlA PARK SUBDf\lSION
(PARCEL B), PIf';ELL.AS COUNTY, FLORmA.
WHEREAS, the City of Clearwater is the owner of the hereinafter descri:.ed
to c:>
~ ..,.
~ !f
L ~ ~ ~
:, ~ f~.;; property has never been forllally dedicated as a utility easement, although the same is
- to be used for such purpose; and
~~~~lZ
~ ~ S ~ ~ WHEREAS, the City Commission deslres to dedicate said property by formal
~:::. ~ ~ resolution; now, therefore,
: ~:J
c
....
WHEREAS, it hlL'> now come to the attention of the City Commission that said
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORrDA:
same is hereby d~dicated for use as a utility easement for use by the general public
Section 1. The property described in Exhibit A, attached hereto, be and the
and the City of Cle.arwater as their Interests may appear.
, 1
Section 2. The City Clerk Is hereby directed to record this resolution in the
co ~' I
;::!:PubUc Records of Pinellas County, Florida.
<:o~
...- co
~ U; Section 3. This resolution shall take effect Immedie tely upon adoption.
"~x'<T
~n:OM
W CD
~cjwIt
~~[fc:"
a:Go~
1-<(
V)~
On:
fi..<l:;
w
-J
U
Attest:
PASSED AND ADOPTED this
7th
day of January, 1988.
/5/ Rita Garvey
Mayor-Commissioner
I hereby cerlily that Ihis is a trU9 and
correct copy ef llie OriClirlQl':lS it
appsar; In lht :ilc3 nr ::lO,C(ly ()f
Clc~r':I,"!Lr \,'nl';~,S' Po)),' iilWl 2~id
orr,i~~r:31 oj I.;~~ 0';(; of qj(]~r\"a '?J?
Till - I;Q1~. .h 9 _.
. ~ . ~ "AoJ,'JAJU
--,t ,. .- . -~/. _. 'J.J{/MA:,',
Depury City Clerk
/5/ Cynthia E. Goudeau
City Clerk
c.- Co
!-
:r
L"' -
N -~
t-' ~
- C I >.
:::..: ~-
-
0:'
c.'
!..
.~
0'1 (1 ; (.,'~ ~ rl 'j fJ 3
PARCEL A
Bepn at tl1e Southeast corner of Lot I, Block 7, Gould and Ewings 2nd
Addition to Clearwater Harbor, as recorded in Plat Book 1, Page 52, of the
Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part; thence run Northeasterly along the East line of said
Block 7,265.9 feet, to the South right-of-way line of Pierce Street; thence
run Easterly along sc.ld South rIght-of-way Une to a point on a Une 5.0 feet
EliSt oC and parallel to the East line oC Sllid Block 7; thence 11m
Southwesterly along Sllid line to a point on the North right-of-way Une of
Franklin Street; thence run Westerly along said North right~f-way line to
the Poin t oC Beginning.
PARCEL B
[legin at the Northwest C0mer oC Lot 1, Block 12, :\lngnolia Park
Subdivision as recorded in Plat Book 1, Page 70, of the Public Records of
Pinellas County, Florida; thence run Southwesterly along the West line of
said Block 12, 8I1d Its Southerly extension to the Northwest comer of Lot
16, Block 12, Court Square SUbdivision, as recorded In Plat Book 5, Page
53, oC Sllld PubUc Records; thence run Westerly along the Westerly
extension oC the North Une oC said Lot 16, Block 12, Court Square
Subdivision, to' a point on a Une 3.0 feet West ol and parallel to the West
Une oC said LQ~ 1, Block 12, Magnolia Park Subdivision; thence run
Northeasterly along said Une to the South right-of-way lineol Franklin
Street; thence r\JI1 Easterly 'along said South right~f-way line to the Point
oC Beginning. .
EXIiIIlIT ..\
.... :>o.,~.. ".~'-".
--,
I
I
I c()'
L
w
>
<:l'
z
w
o
cr
<:l'
l:J
o
VI
I
",~1 ~G 6 '{ f'G n ? fJ l~
.,
,-10 i
\. '1
(0 ~
"
C--,
T
~
/~
'"
@
H
r--;----iaJ
c 0 U R T
,-
I
;
{ . '.' ,,'
f "';';/. ;, r ..
.,' I' '. , " ,
,~ 2_~!_
III
::;
J 15 !@Z
16 ,
CURT! SQUARE
'5-53
I
S T
J ':JUf"'r!/'
:-,.
'., J ~
II ;..: -, tI;-
f\J