SCHOOL BOARD OF PINELLAS COUNTY
L
....),
PrAA~~y:& RETUIThT TO: ,
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL 33756
(727) 441-1088'ph. rn7) 449-1359 fax
incidental to the issuance of a title insurance policy.
File Number: 04120026c
Parcel ill #: 04-29-16-00000-220-0200
Grantee(s) SS#:
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005073647 02/2812005 at 09:28 AM
OFF REC BK: 14141 PG: 1284-1285
DocType:DEED RECORDING: $18.50
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SPECIAL WARRANTY DEED
TIns SPECIAL WARRANTY DEED,
dated February 24, 2005 by
SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
whose post office address is:
11111 S. Belcher Road, Largo, FL33773
hereinafter called the GRANTOR, to
City of Clearwater, Florida, a Municipal Corporation
whose post office address is:
P. O. Box 4748, Clearwater, FL 33758-4748
hereinafter called the GRANTEE:
(Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations,)
WITNESSETH: That the GRANTOR, for and in consideration ofthe sum of$10.00 and other valuable considerations, receipt
whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys andconfrrms unto the GRANTEE,
all that certain land situate in PineIlas County, Florida, viz:
A portion of Parcel No. 04-29-16-00000-220-0200
A tract of land lying and being in Section 5, Township 29 South, Range 16 East, PineIlas County, Florida, being more
. particularly described as follows:
Commence at the Northeast corner of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida,and run thence
South 00005'34" West, along the :E:asterly boundary of said Section 5, a distance of 669.94 feet to the Point of Beginning;
thence continue along said Easterly boundary, South 00005'34" West, a distance of 85.00 feet; thence departing said Easterly
boundary, North 89046'39" West, a distance of 135.00 feet to a point of intersection with a line lying and being 135.00 feet
West of and parallel to said Easterly boundary of Section 5; thence North 00005'34" East, along said parallel line, a distance
of 85.00 feet to a point of intersection with the Southerly boundary of a parcel of land as described in O.R. Book 9159, Page
1898, Public Records of Pinellas County, Florida; thence departing said parallel line, South 89054'26" East, along said
Southerly boundary, a distance of 135.00 feet to a point of intersection with the aforesaid Easterly boundary of Section 5 and
the Point of Beginning.
I ot?J
-;a
,
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and
assessments for the year 2005 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions
imposed by governmental authorities, if any, .
TOGETHER with all the tenements, her~ditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND THE GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said land in fee simple; that it has good,
right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same
al!3imt the ];!wful claims of all nersons claiming by, through or under the said GRANTOR.
IN WITNESS WHEREOF, The Grantor has caused these presents to be executed in its
name by its undersigned duly authorized officers this 24 tho day of February, 2005
Signed, sealed and delivered
in t presence of:
SCHOOL BOARD OF PINELLAS
CO UN , LORIDA
BY:
vlliJ fg /I $1 LLM.
~
A: .. r~ame)
/ M mANNE SCHAFFER
/
I
STATE OF FLORIDA
.COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 24th. day of February 2005, by
John W. Bowen, School Board Attorney, whom, being duly authorized, executed the foregoing
instrument on behalf of said School Board, and acknowledged the execution thereof to be his
~ for th~:r~::nd purposes herei~:e~:::isslon expires
~ ~e:~ I MARIANNE SCHAFFER
MARIANNE SCHAFFER * w" * Notary Public, State Of Florida
l)pe/Print Name \OF....""'QT ~C~~lssion Expires 12/14105
ommlsslon No. # D0068427
()lo~d on Feb<<4, 2005 @ 08:33)
A.
US Department of Housing and Urban Development
SETTLEMENT STATEMENT
OMB No. 2502-0265
1. [] FHA 2. [ ] FmHA 3. [] Cony. Unins. 6. File Number:
4. VA 5. Cony. Ins. 04I20026c 7. Loan Number:
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 'Pac were paid outside the closing: they are shown here for information
D. NAME AND ADDRESS OF BORROWER:
Ci of Clearwater ,
E. NAME AND ADDRESS OF SELLER:
SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA 11111 S. Belcher Road Lar 0, FL 33773
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
SOMERS TITLE COMPANY 727-441-1088 Contact:
I. SETTLEMENT DATE:
2/24/05
PLACE OF SETTLEMENT:
SOMERS TITLE COMPANY 1290 COURT STREET CLEARWATER,
FL 33756
DISBURSEMENT DATE:
2/24/05
H. SETTLEMENT AGENT:
J. SUMMARY OF BORROWER S TRANSACTION
100 GROSS AMOUNT DUE FROM BORROWER'
K. SUMMARY OF SELLER S TRANSACTION
400. GROSS AMOUNT DUE TO SELLER :
101. Contract sales price 75,000.00 401. Contract sales price 75,000.00
102. Personal Property 402. Personal Prooertv
103. Settlement charges to borrower (line 1400) 787.75 403.
104. 404.
105. 405.
Adiustments for items paid by Seller in adyance Adiustments for items paid by Seller in adyance
106. City/town taxes 406. City/town taxes
107. County taxes 407. County taxes
108. Assessments 408. Assessments
109. 409.
110. 410.
Ill. 411.
112. 412.
120. Gross Amount Due From Borrower 75.787.75 420. Gross Amount Due Seller 75.000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER :
201. Deposit or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charlles to seller (line 1400)
203. Existinllloan(s) taken subiect to 503. Existing loan(s) taken subiect to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. Transfer of Interest 75,000.00 507. Transfer ofInterest 75 000.00
208. 508.
209. 509.
Adjustments for items unpaid by SeHer in advance Adjustments for items unpaid by SeHer in advance
210. City/town taxes 510. City/town taxes
211. County taxes 511. County taxes
212. Assessments 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. Total Paid Bv/For Borrower 75.000.00 520. Total Reduction Amount Due Seller 75.000.00
75787.75
75 000.00
787.75
75 000.00
75,000.00
0.00
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401 (or if 401 is asterisked, line 403 and 404) is
important tax information and is being fumished to the Intemal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent
with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
-
(~on Feb 112, 2005 @ 16:32) US Department of Housing and Urban Development OMB No. 2502-0265
L. SETTLEMENT CHARGES
'. ". ~
760, Total Sales~roker's Commission based on price Paid from Paid from
Borrower's Seller's
701, Listinl!: Realtor Commission Funds at Funds at
702. Selling Realtor Commission Settlement Settlement
703. Commission paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Application Fee
807.
808.
809.
810.
900. ITEMS REOUlRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from
902. Mortgage Insurance Premium for
903. Hazard Insurance Premium for
904.
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002. Mortl!:al!:einsurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments
1006.
1007.
1008. Al!:l!:rel!:ate Accounting Adiustment
1100. TITLE CHARGES
1101. Settlement or closing fee To: STC 50.00
1102. Abstract or title search To: STC / A. Gatliff 100.00
1103. Title examination To: STC 100.00
1104. Title insurance binder
1105. Document preparation
1106. Attorney's Fees
1107. FL Risk Rate
(Includes above item numbers: )
1108. Title Insurance To: SOMERS TITLE COMPANY 431.25
(Includes above item numbers: )
1109. Lender's coverage @
1110. Owner's coverage75,000.00 @
1111.
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $0.00 Mortgage $0.00 Releases $0.00 To: Clerk of the Court 18.50
1202. City/county tax/stamps:Exempt
1203. State tax/stamps:Exempt
1204. Record Ingress/Egress Easement To: Clerk of the Court 44.00
1205. Record Utility Easement To: Clerk ofthe Court 44.00
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection
1303.
1304.
1305.
11400. Total Settlement Chal1!:es (enter on lines 103. Section J and S02. Section K) I 787.751 0.00 I
1 how ~refu"Y _ tho HUD.l .....- _, "'" 10"''''' of my k_ ,,'" "'''~lruo ,.. _......._ "'" ~I", ood d",,"~_~" 00 my
account or ~hiS tra~actio~~rtify that LWi-ve received a copy of HUD-1 Settlement Sent. ~ ~
BORROWE ~ ~..", SELLE (S): ~ '\. K
/L ~ "/ / -"" .
__ v ~.V'"
City"'m"elearwater '-- SCHO~ARD OF PINELLAS COUNTY, FLORIDA
~'m~".. whloh I how p"""",,, "'lruo ,.. _.... ~I of "'" _. ''''''' ",,,,,, a wi" ~... fu"'" 10" d1",""'" I, '"",,0000 with thl,
statem n .I A ... J 4 2DDS
~/7/~ FE8
TJtoINr~IMPANY Date
N~1'i1 '"" """ ",,- b..", 00 """ "" ... ,..,. Any .....~"'" wi" " """"" -,,'" b".. ood ...... A" "'" .," (wo"'. ...... """"" ~b1, ,,"
malntena fees) have been paid or will be paid upon receipt of final bills.
WARNI : It is a crime to knowingly make false statements to the United States on this or any other similar form, Penalties upon conviction can include a fine or imprisonment. For
details, ee: Title 18 U.S. Code Section 1001 and Section 1010.
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY 10-17-92 (Fforida Modified)
FL7881-51-04120026C-2005.7110609-70031129
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TICOR TITlE INSURANCE
COMPANY OF FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE COMPANY OF FLORIDA,
a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. 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.
IN WITNESS WHEREOF, TICOR TITLE INSURANCE COMPANY OF FLORIDA has caused this policy to be
signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigned
by an authorized signatory.
Issued By: FL7881 ~ /
Somers Title Company 1/ ~I
1290 Court Street
04120026c
Clearwater
, FL 33756
Phone: 727-441-1088
: Wax: 727-449-1359
TIC OR TITLE INSURANCE COMPANY OF FLORIDA
(&g,.t/ /I.lp~ 1-
President
~~ flL-
Attest:
Secretary
OP-9 (11/04)
ALTAOwner's Policy (10-17-92) (Florida Modified)
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 no\: limited to building and zoning laws, ordinances, or regulations) restricting, reg~!ating, proh~biti~g or relatin~ to (i)
the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or Ioeation 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 o(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 Poli~. '
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.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject
to any rights or defenses the Company would have had against the named
insured, those who succeed to the interest of the named insured by
operation of law as distinguished from purchase including, but not limited
to, heirs, distributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason ofthe
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 [AI,
and improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines ofthe area
described or referred to in Schedule [AI, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": records established under state statutes
at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge.
With respect to Section 1 (a){iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the records
of the clerk of the United States district court for the district in which the
land is located.
(g) "unmarketability ofthe title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from coverage,
which would entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to purchase by virtue of a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or
interest In the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by
the insured in any transfer or conveyance of the estate or interest. This
policy shall not continue in force in favor of any purchaser from the insured
of either (i) an estate or interest in the land, or (ii) an indebtedness secured
by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of
any litigations as set forth in Section 4(a) below, (ii) in case knowledge
shall come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (Iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, 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 ofthese Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the defense
of an insured in litigation in which any third party asserts a claim adverse
to the title or interest as insured, but only as to those stated causes of
action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and
shall not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expanses 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 ensured, or to prevent or reduce loss or damage to the
insured. The Company may take any appropriate action under the terms
of this policy, whether or not It shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the
Company shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination by a
court of competent jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name ofthe insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (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 thej;e
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days 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 ofthe loss or damage. Ifthe 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 Company
and shall produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Pavment oftheAmount of Insurance.To payor
tender payment of the amount of Insurance under this policy together with
any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender
of payment and which the Company is obligated to pay. Upon the exercise
by the Company of this option, all liability and obligations to the insured
under this policy, other than to make the payment required, shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To 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 incurred by the
insured claimant which were authorized by the Company up to the time of
payment and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss
or damage provided for under this policy, together with any costs, attomeys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided
for in paragraphs (b) (i) or (ii), the Company's obligations to the insured
under this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
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 Amount of Insurance stated in Schedule A; or,
CONDITIONS AND STIPULATIONS - CONTINUED
(ii) the difference between the value of the insured estate or
interest as insured and the value ofthe 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 incurreq in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT
If the land described in Schedule (AI consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance of
this policy and shown by an express statement or by an endorsement
attached to this policy.
9. LIMITATION OF LIABILTY
(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 there from, 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 there from, 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,
attomeys' 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 SETTLEMENT
(a) The Com pan v's Right of Subroaation.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
penn it the Company to sue, compromise or settle in the name of the insured
claimant and to use the name ofthe insured claimant in any transaction or
litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss. If loss should result from any act of the insured
claimant, as stated above, that act shall not void this policy. but the
Company, in that event, shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if any, lost to
CONDITIONS AND STIPULATIONS - CONTINUED
the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Companv's RiahtsAgainst Non-insured Obliaors.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 (This paragraph was modified for Florida Policies.)
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both Company and the insured. Arbitrable matters
may include, but are not limited to, any controversy or claim between Company
and the insured arising out of or relating to this policy, and service of Company in
connection with its issuance or the breach of a policy provision or other obligation.
Arbitration pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the rules in effect
at Date 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 attomeys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) maybe entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under the litle
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 ofthis 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,
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES. WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at 493 State Road 436, Casselberry
Florida 32707. Telephone: (407}260-8050.
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OWNER'S POLICY
Schedule A
State: County: Pinellas
File Number
04120026c
Policy Number
7110609-70031129
Effective Date
February 28, 2005
Effective Time
9:28 AM
Amount of Policy
$75,000.00
Commitment #: CM-1-1708-1781
Simultaneous #:
Reinsurance #:
1. Name of Insured:
City of Clearwater, Florida, a Municipal Corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
Parcel No. 04-29-16-00000-220-0200
A tract of land lying and being in Section 5, Township 29 South, Range 16 East, Pinellas
County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 5, Township 29 South, Range 16 East,
Pinellas County, Florida, and run thence South 00005'34" West, along the Easterly
boundary of said Section 5, a distance of 669.94 feet to the Point of Beginning; thence
continue along said Easterly boundary, South 00005'34" West, a distance of 85.00 feet;
thence departing said Easterly boundary, North 89046'39" West, a distance of 135.00 feet
to a point of intersection with a line lying and being 135.00 feet West of and parallel to
said Easterly boundary of Section 5; thence North 00005'34" East, along said parallel line,
a distance of 85.00 feet to a point of intersection with the Southerly boundary of a parcel
of land as described in O.R. Book 9159, Page 1898, Public Records of Pinellas County,
Florida; thence departing said parallel line, South 89054'26" East, along said Southerly
boundary, a distance of 135.00 feet to a point of intersection with the aforesaid Easterly
boundary of Section 5 and the Point of Beginning.
TOGETHER WITH 20 feet wide Access Easement described as follows:
A parcel of land lying and being in Section 5, Township 29 South, Range 16 East, Pinellas
County, Florida; said parcel being more particularly described as follows:
Commence at the Northeast corner of Section 5, Township 29 South, Range 16 East,
Pinellas County, Flori ,and run thence South 00005'34" West, along the Easterly
bound aid Se i n 5, a distance of 754.94 feet to the Point of Beginning of the
Issued By: 1875* 04120026c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
OWNER'S POLICY
herein described parcel; thence continue. along said Easterly boundary South 00005'34"
West, a distance of 584.91 feet to the Southeast corner of the Northeast 1/4 of the
Northeast 1/4 of said Section 5; thence departing said Easterly boundary North 89046'39"
West, along the Southerly boundary of said Northeast 1/4 of the Northeast 1/4, a distance
of 20.00 feet to the Point of Intersection with a line lYing and being 20.00 feet West of and
parallel with said Easterly boundary of Section 5; thence departing said Southerly
boundary North 00005'34" East, along said parallel line, a distance of 584.87 feet; thence
departing said parallel line, South 89054'26" East, a distance of 20.00 feet to a point of
Intersection with the aforesaid Easterly boundary of Section 5 to the Point of Beginning.
TOGETHER WITH 20 feet wide Utility Easement described as follows:
A parcel of land lying and being in Section 4, Township 29 South, Range 16 East, Pinellas
County, Florida, said parcel being more particularly described as follows:
Commence at the Northwest corner of Section 4, Township 29 South, Range 16 East,
Pinellas County, Florida, and run thence South 00005'34" West, along the Westerly
boundary of said Section 4, a distance of 32.95 feet to a Point of Intersection with the
Southerly Right-of-Way line of Union Street (County Road No. 194); thence departing the
said Westerly boundary, South 84036'47" East, along said Southerly Right-of-Way line, a
distance of 21.39 feet to a Point of Intersection with a line lying and being 21.30 feet East
of and parallel with said Westerly boundary of Section 4, said Point of Intersection also
being the Point of Beginning of the herein described parcel: thence continue South
84036'47" East, along said Southerly Right-of-Way line, a distance of 20.09 feet to a point
of Intersection with a line lying and being 41.30 feet East of and parallel with said Westerly
boundary of Section 4; thence departing said Southerly Right-of-Way line, South
00005'34" West, along said parallel line, a distance of 666.72 feet; thence departing said
parellel line, North 89054'26" West, a distance of 41.30 feet to a Point of Intersection with
the aforesaid Westerly boundary Section 4; thence North 00005'34" East, along said
Westerly boundary, a distance of 20.00 feet; thence departing said Westerly boundary
South 89054'26" East, a distance of 21.30 feet to a Point of Intersection with the aforesaid
line lying and being 21.30 feet East of and parallel with the Westerly boundary of Section
4; thence North 00005'34" East, along said parallel line, a distance of 648.58 feet to the
Point of Beginning.
Policy #: 711 0609-70031129
2
File #: 04120026c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
r
OWNER'S POLICY
Schedule B
This policy does not insure against loss or damage by reason ~f the following exceptions:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed
by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the
insured.
6. Any adverse ownership clain by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands and lands
accreted to such lands.
7. Taxes and assessments for the year 2005, and thereafter and/or special assessments, if any, not
recorded in the public records.
**The following items, as listed above, are hereby deleted: 1 and 4 **
8. Subject to Florida Power Distribution Easement, recorded 11/4/97 in O.R. Book 9894,
Page 197, Public Records of Pinellas County, Florida.
9. Subject to Perpetual Public Roadway Easement in favor of PINELLAS COUNTY,
recorded 3/17/97 in O.R. Book 9640, Page 1481, Public Records of Pinellas County,
Florida.
10. Subject to easement in favor of FLORIDA POWER CORPORATION recorded in O.R.
Book 241, Page 357, Public Records of Pinellas County, Florida.
11. Subject to Reservation recorded in Utilities Easement recorded in O.R. Book 14141, page
1286 of the Public Records of Pinellas County, Florida.
12. Subject to Reservations recorded in Ingress and Egress Easement recorded in O.R. Book
14141, page 1291 of the Public Records of Pinellas County, Florida.
13. Subject to any lien for municipal improvements or services to captioned land which has
not been filed for record in the Office of the Clerk of the Circuit Court of Pinellas County,
Florida, and any and all outstanding assessments projected or to be projected, if any.
14. Any lien provided by Chapter 159 of Florida Statutes in favor of any city, town, village or
port authority for unpaid service charges for service by any water system, sewer system or
Policy #: 7110609-70031129 3 File #: 04120026c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
. .
'I .
OWNER'S POLICY
gas system servicing the land described herein.
Policy #: 7110609-70031129
4
File #: 04120026c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.