CSX TRANSPORTATION INCThis instrument prepared by
or under the direction of:
Kim R. Bongiovanni l 7l to 0� ,0
Assistant General Counsel
Law Department
500 Water Street
Jacksonville, Florida 32202
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 201534722512!01 /2015 at 12:48 PM
OFF REC BK: 19004 PG: 104 -109
DocType:DEED RECORDING: $52.50
D DOC STAMP: $1313.20
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this day of 2015, between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, and whose Tax Identification Number(s) is 54- 6000720,
hereinafter called "Grantor ", and the CITY OF CLEARWATER, whose mailing address is Post
Office Box 4748, Clearwater, Florida 33758 -4748, hereinafter called "Grantee ", WITNESSETH:
(Wherever used herein, the terms "Grantor" and "Grantee" may be construed in
the singular or plural as the context may require or admit, and for purposes of
exceptions, reservations and/or covenants, shall include the heirs, legal
representatives and assigns of individuals or the successors and assigns of
corporations.)
THAT Grantor, for and in consideration of the sum of ONE HUNDRED EIGHTY
SEVEN THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($187,600.00), to it in hand
paid by Grantee, the receipt of which is hereby acknowledged, does hereby RELEASE, REMISE
and forever QUITCLAIM unto Grantee, its successors and assign, all right, title and interest of
Grantor, if any, in and to that certain tract or parcel of land, lying and being at Clearwater,
Pinellas County, Florida, hereinafter designated "the Premises," more particularly described in
Exhibit A, attached hereto and incorporated herein, and containing 0.48 + /- acres, more or less.
TO HAVE AND TO HOLD the Premises, and all the estate, right, title, lien, interest and
claim whatsoever of Grantor therein, either in law or equity, and all improvements thereon and
appurtenances thereto, unto the proper use, benefit and enjoyment of Grantee, Grantee's heirs and
assigns or successors and assigns, forever; SUBJECT to reservations, easements, covenants,
restrictions and limitations of record or platted, all existing public utilities and roadways, and all
existing encroachments, ways and servitudes, howsoever created.
Grantee acknowledges that the Premises conveyed hereunder has been historically used
for railroad industrial operations and is being conveyed for use only as industrial or commercial
property. Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal
representatives or assigns shall not use the Premises for any purpose other than industrial or
commercial purposes and that the Premises will not be used for (a) any residential purpose of any
kind or nature (residential use shall be defined broadly to include, without limitation, any use of
the Premises by individuals or families for purposes of personal living, dwelling, or overnight
accommodations, whether such uses are in single family residences, apartments, duplexes, or
other multiple residential dwellings, trailers, trailer parks, camping sites, motels, hotels, or any
other dwelling use of any kind), (b) any public or private school, day care, or any organized long-
term or short term child care of any kind, or (c) any recreational purpose (recreational use shall
be defined broadly to include, without limitation, use as a public park, hiking or biking trail,
athletic fields or courts, or public gathering place). By acceptance of this deed, Grantee further
covenants that it, its successors, heirs, legal representatives or assigns shall not use the
groundwater underneath the Premises for human consumption, irrigation, or other purposes.
Grantee, by acceptance of this deed, covenants and represents that Grantee owns property
adjoining the Premises and has access to the Premises through Grantee's adjoining property or
through other property not owned by Grantor. Grantee, on its behalf, its heirs, personal
representatives, successors and assigns, releases Grantor, its successors and assigns, from any
responsibility, obligation or liability to provide access to the Premises through land now owned
or subsequently acquired by Grantor. Should Grantee ever convey the Premises, or any portion
thereof, to a third party, Grantee will provide access to the Premises through Grantee's adjoining
property or through other property not owned by Grantor.
Prior to commencement of any development or construction on the Premises, Grantee
shall construct and maintain, at Grantee's sole cost and expense, an adequate and suitable fence
along the southeasterly line of the Premises which adjoins Grantor's railroad track for so long as a
railroad track exists on the adjoining railroad operating property. The fence shall be of a type
satisfactory to Grantor and reasonably sufficient to keep persons and vehicles from trespassing on
Grantor's adjoining operating property.
Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal
representatives or assigns shall maintain the existing drainage on the Premises in such a manner
as not to impair adjacent railroad operating property drainage and not to redirect or increase the
quantity or velocity of surface water runoff or any streams into Grantor's drainage system or upon
the adjacent railroad operating property or other lands and facilities of Grantor. If the Premises
or existing drain ,se are modified or improved, Grantee agrees to construct and maintain, in
accordance with all applicable statutes, ordinances, building and subdivision codes, covenants
and restrictions, an adequate drainage system from the Premises to the nearest public or non-
Grantor owned drainage or storm sewer system, in order to prevent the discharge of roof, surface,
stream and other drainage waters upon railroad operating property or other adjacent lands and
facilities of Grantor
Grantee acknowledges that this deed is made upon Grantee's solicitation and request, and was not
in anyway initiated by Grantor. Grantor does not represent or warrant to Grantee any ownership
or estate in the Premises or any specific title or interest in the Premises, which constituted a strip
of Grantor's former railroad operating property; and Grantee hereby releases Grantor, its officers
and agents, from any claim or demand resulting from this deed, or from any failure of or defect in
Grantee's title to the Premises.
Grantee hereby agrees, as additional consideration for the conveyance of the Premises,
subject to applicable law (constitutional or statutory), to defend, indemnify and hold Grantor
harmless from and against any and all liability, loss, cost and/or expense, including reasonable
attorney fees, arising out of or in connection with any and all suits or causes of actions instituted
by third parties against Grantor or Grantee as a result of the conveyance of the Premises to
Grantee or as a result of the failure of title to any portion of the Premises.
Grantee, its successors and assigns, by acceptance of this deed, hereby covenants and
agrees with Grantor that Grantor shall not be required to erect or maintain any noise, light, fume
or vibration abatement or reduction structure along any boundary lines between the Premises
and the adjacent land(s) of Grantor or any other company affiliated with Grantor; or be liable for
or required to pay any part of the cost or expense of erecting or maintaining such abatement or
reduction structures or any part hereof; or be liable for any damage, loss or injury that may result
by reason of the non-existence or the condition of any noise, light, fume or vibration abatement
or reduction structures. Grantee assumes all liability and responsibility respecting noise, light,
fume or vibration abatement or reduction structures and covenants not to sue Grantor, its
successors or assigns for existence of the noise, light, fumes and vibrations from Grantor's
operations. Grantee acknowledges that the Grantor's adjacent railroad operation is a 24 -hour a
day, seven day a week continuous operation that may create noise, vibration, light, smoke and
other inconveniences.
Grantee and Grantor agree and acknowledge the covenants and easements contained in
this Deed shall be covenants "in gross" and easements "in gross" which shall remain binding on
Grantee, its successors, heirs, legal representatives and assigns regardless of whether Grantor
continues to own property adjacent to the Premises. Grantee acknowledges Grantor will continue
to have a substantial interest in enforcement of the said covenants and easements whether or not
Grantor retains title to property adjacent to the Premises.
Said covenant(s) shall run with title to the Premises conveyed, and bind upon Grantee,
Grantee's heirs, legal representatives and assigns, or corporate successors and assigns, and
anyone claiming title to or holding Premises through Grantee.
IN WITNESS WHEREOF, CSX TRANSPORTATION, INC., pursuant to due corporate
authority, has caused its name to be signed hereto by its officers hereunto duly authorized and its
corporate seal, duly attested, to be hereunto affixed.
Signed, sealed and delivered
in esence of:
JAI
CSX
By:
RANSPORTATION, INC.:
1
Name: Richard M. Hood
Title: President - CSX Real Property, Inc., signing
on behalf of CSX Transportation, Inc.
•
Attest
Print Name: k-4 <.c.k /k-�(, ,io ik'"
RETURN TO: Charles Lane, RE Service Coordinator
City of Clearwater
Post Office Box 4748
100 South Myrtle Avenue #220
Clearwater, FL 33758 -4748
Tax Map No.:
STATE OF FLORIDA
COUNTY OF DUVAL
) SS.
)
1, Y'►C nY} e. j,.. I24Vt. , a Notary Public of the State of Florida and the County of
Duval, do certify that, on the date below, before me in said County came Richard M. Hood (X) to
me known, and/or ( ) proven by satisfactory current evidence to be the person whose name is
subscribed to the above instrument, who, being by me first duly sworn, did make oath,
acknowledge and say that: he resides in Jacksonville, Duval County, Florida; he is President -
CSX Real Property, Inc., signing on behalf of CSX Transportation, Inc., the corporation
described in and which executed said instrument; he is fully informed of the contents of the
instrument; he knows the seal of said corporation; the seal affixed to said instrument is such seal;
it was so affixed by authority of the Board of Directors of said corporation; he signed his name
thereto for said corporation pursuant to Board authority; and instrument is the free act and deed
of said corporation; and the conveyance herein is not part of a transaction, sale, lease, exchange
or other transfer or conveyance of all or substantially all of the property and/or assets of the
Grantor.
IN WITNESS WHEREOF, I hereunto set my... y_ this 2.444' day
of l 3 oVe. yy+ vt . STATE CFa=t eon►
caws FF912119
My commission expires on:
, 20
Expires 8/24/2019
(SEAL)
Notary Public
Print Name: Ac'r,enne j... l�c.Vl5
EXHIBIT A
Description of property at: Clearwater, Pinellas County, Florida
To: City of Clearwater, Florida �- ' U
CSXT Deed File No.: 2415 -2382 v c/ r 0 v 00 q0 W 0300
A PORTION OF A 50 FOOT WIDE RIGHT OF WAY, THE CENTERLINE OF WHICH AS
DESCRIBED IN O.R. BOOK 3473, PAGE 909, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, SAID PORTION LYING IN THE SOUTHEAST QUARTER OF SECTION 9,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT 3/8 INCH DIAMETER REBAR AT THE SOUTHEAST CORNER OF SECTION
9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AS SHOWN
ON FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER
RECORD, DOCUMENT #102463; THENCE N89 °24'16 "W, ALONG THE SOUTH LINE OF
SAID SECTION 9, 220.00 FEET; THENCE N00 °15'52 "E, 24.76 FEET TO A FOUND
5/8 INCH DIAMETER REBAR EMBEDDED IN CONCRETE AT THE SOUTHEAST CORNER OF
LOT 5, BLOCK 8, PROPERTY OF E. H. COACHMAN, AS RECORDED IN PLAT BOOK 6,
PAGE 56, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N89 °24'16 "W,
91.00 FEET TO A FOUND 5/8 INCH DIAMETER REBAR WITH I.D. CAP "LB 043" AT
THE SOUTHWEST CORNER OF SAID BLOCK 8; THENCE N04 °40'27 "W, 337.24 FEET;
THENCE NO2 °29'39 "W, 90.00 FEET; THENCE S87 °30'21 "W, 25.00 FEET, TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 496.67
FEET, A CENTRAL ANGLE OF 04 °05'15 ", SUBTENDED BY A CHORD OF N04 °32117 "W,
35.43 FEET; THENCE NORTHWESTERLY 35.43 FEET ALONG SAID CURVE TO A 1/2
INCH DIAMETER REBAR WITH I.D. CAP "LB 107" AND THE POINT OF BEGINNING OF
THE TRACT BEING DESCRIBED, SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF•496.67 FEET, A CENTRAL ANGLE
OF 23 °00'45 ", SUBTENDED BY A CHORD OF N18. °05'17 "W, 198.15 FEET; THENCE
NORTHWESTERLY 199.49 FEET ALONG SAID CURVE TO A 1/2 INCH DIAMETER REBAR
WITH I.D. CAP "LB 107 "; THENCE N29 °35'39 "W, 116.85 FEET TO A 1/2 INCH
DIAMETER REBAR WITH I.D. CAP "LB 107 ", THE BEGINNING OF A CURVE CONCAVE
TO THE NORTHEAST, HAVING A RADIUS OF 546.67 FEET, A CENTRAL ANGLE OF
11 °10'58 ", SUBTENDED BY A CHORD OF N24 °00'10 "W, 106.53 FEET; THENCE
NORTHWESTERLY 106.70 FEET ALONG SAID CURVE TO A 1/2 INCH DIAMETER REBAR
WITH I.D. CAP "LB 107" ON THE EAST BOUNDARY LINE OF THE BLANCHE B.
LITTLEJOHN SECTION OF THE PINELLAS TRAIL, AS DESCRIBED IN O.R. BOOK 9424,
PAGE 395, SAID PUBLIC RECORDS; THENCE N07 °25'38 "E ALONG SAID BOUNDARY
LINE, 170.43 FEET TO A 1/2 INCH DIAMETER REBAR WITH I.D. CAP "LB 107" AT
POINT OF CUSP OF A CURVE CONCAVE TO THE NORTHEAST, TO WHICH POINT A
RADIAL LINE BEARS S89 °34'41 "W, SAID CURVE HAVING A RADIUS OF 496.67 FEET,
A CENTRAL ANGLE OF 29 °10'20 ", SUBTENDED BY A CHORD OF S15 °00'29 "E, 250.16
FEET; THENCE SOUTHEASTERLY 252.88 FEET ALONG SAID CURVE TO A 1/2 INCH
DIAMETER REBAR WITH I.B. CAP "LB 107 "; THENCE S29 °35'39 "E, 116.85 FEET TO
A 1/2 INCH DIAMETER REBAR WITH I.D. CAP "LB 107 ", THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 546.67 FEET, A CENTRAL
ANGLE OF 09 °20'53 ", SUBTENDED BY A CHORD OF S24 °55'13 "E, 89.09 FEET;
THENCE SOUTHEASTERLY 89.19 FEET ALONG SAID CURVE TO A 1/2 INCH DIAMETER
REBAR WITH I.D. CAP "LB 107" AT POINT OF CUSP OF A CURVE CONCAVE TO THE
SOUTHEAST, TO. WHICH POINT A RADIAL LINE BEARS N77 °44.'16 "W, SAID CURVE
HAVING A RADIUS OF 988.87 FEET, A CENTRAL ANGLE OF 07 °45'05 ", SUBTENDED
BY A CHORD OF S08 °23'11 "W, 133.68 FEET; THENCE SOUTHERLY 133.78 FEET,
ALONG THE ARC OF SAID CURVE, SAID CURVE BEING 50.00 FEET WESTERLY OF AND
PARALLEL WITH THE CENTERLINE OF THE EXISTING TRACKS OF THE CSX
TRANSPORTATION RAILROAD, TO THE POINT OF BEGINNING, CONTAINING 20844.4
SQUARE FEET, 0.479 ACRES.
A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
Somers Title Company
1290 Court Street
Clearwater, Florida 33756
(727)441 -1088 fax (727)449 -1359
S. TYPE OF LOAN
1. ❑ RSA 2. ❑ MIRA 3. ❑ CONY. LNINS.
4. VA 5. El CONY. INS.
6.FJeNombac
1511006C
L Maims We No:
7.2.oeNwsk4
C. NOTE: This form IsfurnWud to give you a statement ofactnal settlement costs. Amounts paid to and by the settlement agent are shawn. Items marked
were . • ?outside the assist Th are shown here or to emotional • u • •ses and are not Inchded In the totals.
City of Clearwater Florida a municipal corporation
P.O. Box 4748
Clearwater, Florida 33758.4748
CSX Transportation, Inc. a Virginia corporation
6737 Southpoint Dr. S.
Jacksonville, Florida 32216
D. Buyer.
E. Seller.
F. Lender.
G. Property: Pinellas County, Florida
metes and bounds
H. Settlement Agent Somers Title Company
Place of Settlement 1290 Court Street. Clearwater, Florida 33756 Pinellas County
I. Settlement Date: November 24, 2015
.1. Summary of Buyer's Transaction
K. Summary of Seller's Transaction
100. Gross Amount Due From Buyer:
400. Gross Amount Due To Seiler:
101. Contract Sales Price
187,600.00
401. Contract Sales Price 187,600.00
IO2. Personal Property
402. Personal Property
103. Settlement Charges to Buyer (line 1400)
1,503.78
403.
Adjustments for Items Paid by Seller in Advance:
Adjustments for Items Paid by Seller in Advance:
106. City / Town Taxes
406. City / Town Taxes
107. County / Parish Taxes
407. County / Parish Taxes
108. Assessments
408. Assessments
120. Gross Amount Due from Buyer:
189,103.78
420. Gross Amount Duc to Seller. 187,600.00
200. Amounts Paid by or in Behalf of Buyer:
500. Reductions in Amount Due to Seller:
201. Deposit / Earnest Money
18,000.00
501. Excess Deposit (see instructions) 18,000.00
202. Principal Amount of New Loan
502. Settlement Charges to Seller (Line 1400) 1,31320
203. Existing Loan(s)
503. Existing Loan(s)
204.
504. Payoff of First Mortgage
205.
505. Payoff of Second Mortgage
206.
506. Purchase Money Mortgage
Adjustments for Items Unpaid by Seller:
Adjustments for Items Unpaid by Seller.
2I0. City / Town Taxes
510. City / Town Taxes
211. County / Parish Taxes
511. County / Parish Taxes
212. Assessments
512. Assessments
220. Total Paid by / for Buyer:
18,000.00
520. Total Reductions in Amount Duc Seller: 19,313.20
300. Cash at Settlement from / to Buyer
600. Cash at Settlement to / from Seller:
30I. Gross Amount due from Buyer (line 120)
189,103.78
601. Gross Amount due to Seller (line 420) 187,600.00
302. Less Amount Paid by /forBuyer (line 220)
18,000.00
602. Less Reductions Amount due Seller (line 19,3I320
520)
303. Cash From Buyer: 5171,103.78
603. Cash To Seller: 5168,286.80
HUD -1 May 2007
Settlement Oatc:November 24, 2015
Pile Number: 1511004C
A.. Settlement Chart
700. Total Salm 1 Broker's Commission:
Based on Price 5180,000.00
Division of Commission as follows
Paid from
Buyers
Fonds at
Settlement
Paid from
Seller's •
Funds at
Settlement
701.
• 702.
. 703. Commission Paid at Settlement
800. Items Payable in Connection with Loan:
801. Loan Oritination Fee
802. Loan Discount
803. Appraisal Pee
804. Credit Report
' 805. Lender's Inspection Fee
' 806. Mortgage Insurance Application Fen
807. Assumption Fee
900. Items Required by Lender to be Paid in Advance
• 901. Day interest charge from Nov 24, 2015
902. Mortgage Insurance Premium
• 903. Bazxrd Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender:
.1001. &xard Insurance
1002. Mortgagebmttrance •
1003. City Property Taxes
1004. County Property Taxes
I005. Annual Assessments
1100. Title Charges:
110I. Settlement or Closing Fee to Somers T-rtie Company
350.00
1102. Abstract orTrtic Search to Tony Gatliff
85.00
1103. Title Examination
1104. Title Insurance Binder
'1105. Document Creation Pee
1106. Notary Fees
• 1107. Attorney Fees
(includes above item numbers;
1108. Ti Insurance Title Insunce to Chicago Title Insurance Company
(includes above ;tern numbers:
1,013A0
Lender's
1I09. Coverage 0.00
Owner's Risk Rate Premium: 51,013.00
1110.
. Covera e
1200. Covernea cat Recording and Transfer Charge=
'1201. Recording Fees: Deed 5230 Mort ague 0.00 Releases 0.00
52.50
:1202. City /County Tax/Stamps: Deed 0.00 Mortgage 0.00
-1203. StateTax/Stamps: Deed 131320 Mortgage 0.00
1,31320
1204. Intangible Tseto Clerk of the Circuit Cant
.1205. .
1300. Additional Settlement Charges-.
1301. Survey
1302_ Pest Inspection
•1305
1304. Government Surcharge to Chicago Title Co>
3.28
1400. Total Settlement Charges (Enter on line 103, Section Jand line 502, Section IC)
51,503.78
S1,31320
J have eam0 t1yreviewed the 1IDD61 SetdanentStttameat and tote bcsofmylatowlod8e andbeliri: it isatme and aoaxatestatemes of all raeiptaand
b trade on ray account orbymeinthis=mai s Xf: Atha •oatifythe:Ihavereoriveda copy ot :111713- ISeokmeot«^*^^^•
City of' c1ne arrr1ktida
The li(JD -1 Sctikn ant &eta en:wbichISm prepared
xwtdenee with the w=ii ,:o40.::the Denies hereto
�1,/' l n
SenKl"+w'•�Agen !.
c '� Y
MIkc.1 ,• \..
WAIL 1N0: It isaaunttolciowi rjymakefn: sesnkermtstothe1JnitedSinn= onthisoranyotasirearform. PwakiesupanemeicCmaaincludesSrsenet
Jmprisoomau. Foc d ie sccUIXtlo 18 U.S. Code Section 1002 and Section 1010.
card= ate=counterMisuateaeaoa I have caused orwall muse the emit tobedisbat edin
I November24.2015
HUO-1 May 2007
• Settlement Date:November 24, 2015
File Number. 1511006C
s... Settlement Charges
700. Total Sales /Broker's Commission:
Based on Price 5150,000.00
Division of Commission as follows •
Paid from
Buyer's
Funds at
Settlement
Paid from
Seller's •
Funds at
Settlement
701.
702.
703. Commission Paid at Settlement
800. Items Payable in Connection with Loan:
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
900. Items Required by Lender to be Paid in Advance:
901. Daily interest charge from Nov 24, 2015
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender.
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City Property Taxes
1004. County Property Taxes
1005. Annual Assessments
1100. Title Charges:
1101. Settlement or Closing Fee to Somers Title Company
350.00
1102. Abstract or Title Search to Tony Gatliff
85.00
1103. Title Examination
1104. Titlelnsurance Binder
1105. Document Creation Fee
1106. Notary Fees
1107. Attorney Fees
(includes above item numbers:
1108. Title Insurance to Chicago Title Insurance Company
(includes above item numbers:
1,013.00
1109. Lender's 0.00
Coverage
1110. COo e�ragc 187,600.00 Risk Rate Premium: 81,013.00
1200. Government Recording and Transfer Charges:
1201. Recording Fees: Deed 52.50 Mortgage 0.00 Releases 0.00
52.50
1202. City /County Tax/Stamps: Deed 0.00 Mortgage 0.00
1,31320
1203. State Tax/Stamps: Deed 1,313.20 Mortgage 0.00
1204. Intangible Tax to Clerk of the Circuit Court
1205.
1300. Additional Settlement Charges:
1301. Survey
1302. Pest Inspection
1303.
1304. Government Surcharge to Chicago Title Company
3.28
1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K)
51,503.78
51,313.20
I have carefully reviewed
disbursements
Buyer.
1 Settlement Stat
or by mein this
6`f
City of C!carwater Florida
t and to the best of my knowledge and belief, it is a one end accurate statement of all receipts and
ction. I further certify that I have received a copy ofHUD -1 Settlement Statement.
Seller.
CSx Transportation. Inc.
The HUD-1 SetdemenlStatement which I have prepared:is a true and accurate account of this transaction. nave caused or will cause the funds to be disbursed in
accordance with the iastntcpon•of the parties herdo.
•
Settlement Agent: 177:\
Mikcil G St Germain
WARNING: It is a crime to ]movingly make false statements to the United States on this or any other similar form Penalties upon conviction em include a fine and
imprisonment For details sec Tide 15 U.S. Code Section 1001 and Section 1010.
Date: November 24, 2015
HUD -1 May 2007
Acknowledgement as to Electronic Records
Somers Title Company strives to maintain the confidentiality and integrity of the personal
information in our possession and has instituted measures to guard against its unauthorized
access. We maintain physical, electronic and procedural safeguards in compliance with federal
standards to protect that information.
We store closing documents electronically on a remote cloud database.
'1 y of edrwater
By:
it
bate
CSX Transportation, Inc. \Kt 1
bate
BY: ��-e rye ` I! c.
Privacy Statement
Privacy Statement
SOMERS
TITLE
COMPANY
At Somers Title Company, we recognize and respect the privacy expectations of today's consumers, and meet all applicable
industry standards as well as all Federal and State laws regarding the protection of our client's Non - Public Information (NPI).
This Privacy Statement is intended to make our clients aware of how we gather, use, communicate and disclose your Non - Public
Information. The following outlines our Privacy Policy:
Information Collected
In the normal course of our business, and to provide the necessary services to our customers, we may obtain NPI directly from
our clients or through other fair and lawful means. Our client's NPI is only collected when appropriate and necessary to fulfill
our duties as your title company.
Information Retention
We will only retain our client's NPI as long as necessary for the fulfillment of our services. Once complete, all hard copies
containing NPI are either returned to our clients or shredded. State law requires that we maintain digital copies of our files for
seven years.
Information Protection
Our client's NPI is limited to authorized personnel only who need access to perform their job requirements. All hard copy
information retained on active files is secured in locked filing cabinets, in locked offices, secured by alarm systems. All digital
information is protected through encryption and secured cloud storage. Any electronic communication of our client's NPI is sent
via secured TLS encryption technology to ensure a safe and direct transmission.
Information Shared
Somers Title Company will only disclose client's NPI when given direct permission, when required by law, when necessary to
comply with Federal or State requirements, or when suspicious of fraudulent or criminal activities. One important responsibility
of our company is to record documents in the public domain. Such documents may contain client's NPI. Somers Title Company
will disclose these documents to our clients prior to recording.
Our client's Non - Public Private Information, will not be sold, exchanged, transferred, or given to any other company for any
reason other than for the express purposes stated for our services. All of our safeguards are compliant with, or exceed industry
standards and laws, as our client's trust and privacy is of the utmost importance to us.
City of Clearwater, hereby acknowledge receipt and understanding of the Privacy Statement and the Information and Data
Privacy i y of Somers Title Company,
Signature Date
August 2014
Date: November 23, 2015
Seller: CSX Transportation, Inc.
Buyer: City of Clearwater
Property/Sale No. 2015- 2382/RMK
CSX Transportation, Inc. will guarantee payment of the 2015 ad valorem taxes. Buyer shall be
responsible for payment of 2016 ad valorem taxes.
NOTE: Please use the following information if the funds will be wired to CSX
Transportation, Inc.
CSXT Account No. 12597 -53 at
JP Morgan Chase
611 Woodward Ave.
Detroit, MI 48226
Bank One's Transit and Routing No. is 021000021
Telephone Number (866) 544 -1815
r
S:ICLOSINGIOAICLOSING STATEMENTDOC
CHICAGO TITLE
INSURANCE COMPANY
1511006c
COMMITMENT FOR TITLE INSURANCE
Issued by
Chicago Title Insurance Company
Chicago Title Insurance Company, a Nebraska corporation (the "Company "), for a valuable consideration,
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 in the Land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance
with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
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 by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by an authorized officer of the
Company or an agent of the Company.
IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be
affixed by its duly authorized officers on the Effective Date shown in Schedule A.
6097FL 1511006c
Somers Title Company
1290 Court St
Clearwater, FL 33756 -5003
Tel: (727) 441 -1088
Fax: (727) 449 -1359
Countersigned:
CHICAGO TITLE INSURANCE COMPANY
Authorized ignatory
72C10109 1 of 2
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ALTA Commitment (6/17/06)
(with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association
CHICAGO) TITLE
INSURANCE COMPANY
SCHEDULE A
Name and Address of Title Insurance Company:Somers Title Company, 1290 Court Street, Clearwater, Florida 33756
File No.: 1511006C
1. Effective Date: November 03, 2015 @ 05:00 PM
2. Policy (or Policies) to be issued:
Proposed Amount of
Insurance:
a. ALTA Owner's Policy 2006 (with Florida Modifications): $187,600.00
Proposed Insured: City of Clearwater Florida a municipal corporation
b. ALTA Loan Policy 2006 (with Florida Modifications): $0.00
Proposed Insured: , Premium: $0
3 The estate or interest in the land described or referred to in this Commitment is
Fee Simple
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in
Seaboard Coast Line Railroad Company, a corporation under the laws of the Commonwealth of
Virginia N /K/A CSX Transportation, Inc. a Virginia corporation
5. The land referred to in this Commitment is described as follows:
A portion of a 50 foot wide right of way, the centerline of which as described in O.R. Book
3473, Page 909, Public Records of Pinellas County, Florida, said portion lying in the
southeast quarter of Section 9, Township 29 South, Range 15 East, and being more
particularly described in Exhibit "A" attached hereto and made a part hereof.
■
ompany
By:
Authorized Officer or Agent
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT
COVERAGE AND TO PROVIDE ASSISTANCE IS 1- 800 - 669 -7450
72C10109
1 of 4
ALTA Commitment (6/17/06)
(with Honda Modifications)
Copyright American Land Title Association. All rights reserved. The Use of this Form is restricted to ALTA
Licensees and ALTA members in good standing as of the date of use. All other users are prohibited. Reprinted
under license from the American Land Title Association
EXHIBIT A
Description of property at: Clearwater, Pinellas County, Florida
To: City of Clearwater, Florida
CSXT Deed File No.: 2015 -2382
A PORTION OF A 50 FOOT WIDE RIGHT OF WAY, THE CENTERLINE OF WHICH AS
DESCRIBED IN O.R. BOOK 3473, PAGE 909, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, SAID PORTION LYING IN THE SOUTHEAST QUARTER OF SECTION 9,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT 3/8 INCH DIAMETER REBAR AT THE SOUTHEAST CORNER OF SECTION
9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AS SHOWN ON
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD,
DOCUMENT #102463; THENCE N89 °24'16 "W, ALONG THE SOUTH LINE OF SAID SECTION
9, 220.00 FEET; THENCE N00 °15'52 "E, 24.76 FEET TO A FOUND 5/8 INCH
DIAMETER REBAR EMBEDDED IN CONCRETE AT THE SOUTHEAST CORNER OF LOT 5,
BLOCK 8, PROPERTY OF E. H. COACHMAN, AS RECORDED IN PLAT BOOK 6, PAGE 56,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N89 °24'16 "W, 91.00 FEET
TO A FOUND 5/8 INCH DIAMETER REBAR WITH I.D. CAP "LB 043" AT THE SOUTHWEST
CORNER OF SAID BLOCK 8; THENCE N04 °40'27 "W, 337.24 FEET; THENCE
NO2 °29'39 "W, 90.00 FEET; THENCE S87 °30'21 "W, 25.00 FEET, TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 496.67 FEET, A
CENTRAL ANGLE OF 04 °05'15 ", SUBTENDED BY A CHORD OF N04 °32'17 "W, 35.43
FEET; THENCE NORTHWESTERLY 35.43 FEET ALONG SAID CURVE TO A 1/2 INCH
DIAMETER REBAR WITH I.D. CAP "LB 107" AND THE POINT OF BEGINNING OF THE
TRACT BEING DESCRIBED, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE
TO THE SOUTHWEST, HAVING A RADIUS OF 496.67 FEET, A CENTRAL ANGLE OF
23 °00'45 ", SUBTENDED BY A CHORD OF N18 °05'17 "W, 198.15 FEET; THENCE
NORTHWESTERLY 199.49 FEET ALONG SAID CURVE TO A 1/2 INCH DIAMETER REBAR
WITH I.D. CAP "LB 107 "; THENCE N29 °35'39 "W, 116.85 FEET TO A 1/2 INCH
DIAMETER REBAR WITH I.D. CAP "LB 107 ", THE BEGINNING OF A CURVE CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 546.67 FEET, A CENTRAL. ANGLE OF
11 °10'58 ", SUBTENDED BY A CHORD OF N24 °00'10 "W, 106.53 FEET; THENCE
NORTHWESTERLY 106.70 FEET ALONG SAID CURVE TO A 1/2 INCH DIAMETER REBAR
WITH I.D. CAP "LB 107" ON THE EAST BOUNDARY LINE OF THE BLANCHE B.
LITTLEJOHN SECTION OF THE PINELLAS TRAIL, AS DESCRIBED IN O.R. BOOK 9424,
PAGE 395, SAID PUBLIC RECORDS; THENCE N07 °25'38 "E ALONG SAID BOUNDARY
LINE, 170.43 FEET TO A 1/2 INCH DIAMETER REBAR WITH I.D. CAP "LB 107" AT
POINT OF CUSP OF A CURVE CONCAVE TO THE NORTHEAST, TO WHICH POINT A RADIAL
LINE BEARS S89 °34'41 "W, SAID CURVE HAVING A RADIUS OF 496.67 FEET, A
CENTRAL ANGLE OF 29 °10'20 ", SUBTENDED BY A CHORD OF S15 °00'29 "E, 250.16
FEET; THENCE SOUTHEASTERLY 252.88 FEET ALONG SAID CURVE TO A 1/2 INCH
DIAMETER REBAR WITH I.D. CAP "LB 107 "; THENCE S29 °35'39 "E, 116.85 FEET TO
A 1/2 INCH DIAMETER REBAR WITH I.D. CAP "LB 107 ", THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 546.67 FEET, A CENTRAL ANGLE
OF 09 °20'53 ", SUBTENDED BY A CHORD OF S24 °55'13 "E, 89.09 FEET; THENCE
SOUTHEASTERLY 89.19 FEET ALONG SAID CURVE TO A 1/2 INCH DIAMETER REBAR
WITH I.D. CAP "LB 107" AT. POINT OF CUSP OF A CURVE CONCAVE TO THE
SOUTHEAST, TO WHICH POINT A RADIAL LINE BEARS N77 °44'16 "W, SAID CURVE
HAVING A RADIUS OF 988.87 FEET, A CENTRAL ANGLE OF 07 °45'05 ", SUBTENDED BY
A CHORD OF S08 °23'11 "W, 133.68 FEET; THENCE SOUTHERLY 133.78 FEET, ALONG
THE ARC OF SAID CURVE, SAID CURVE BEING 50.00 FEET WESTERLY OF AND
PARALLEL WITH THE CENTERLINE OF THE EXISTING TRACKS OF THE CSX
TRANSPORTATION RAILROAD, TO THE POINT OF BEGINNING, CONTAINING 20844.4
SQUARE FEET, 0.479 ACRES.
CHICAGO TITLE
INSURANCE COMPANY
SCHEDULE SECTION I
REQUIREMENTS:
The following are requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
2. Instrument(s) creating the estate or interest to be insured must be properly executed, delivered and
filed for record.
3. Payment of 2015 Real Estate Taxes as to subject property.
4. Resolution from CSX Transportation, Inc. a Virginia corporation approving the sale of
subject property.
5. Quit Claim Deed from CSX Transportation, Inc. a Virginia corporation to City of
Clearwater Florida a municipal corporation conveying the property as described in Schedule
A of this Commitment.
72C10109
END OF SCHEDULE B — SECTION I
ALTA Commitment (6/17/06)
2 of 4 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The Use of this Form is restricted to ALTA
Licensees and ALTA members in good standing as of the date of use. All other users are prohibited. Reprinted
under license from the American Land Title Association
CHICAGO TITLE
INSURANCE COMPANY
SCHEDULE B — SECTION II
EXCEPTIONS
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. 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. Taxes and assessments for the year 2016 and subsequent years, which are not yet due and payable.
3. Standard Exceptions:
A. Easements, claims of easements, boundary line disputes, overlaps, encroachments or other
matters not shown by the public records which would be disclosed by an accurate survey of the
land.
B. Rights or claims of parties in possession not shown by the public records.
C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished,
imposed by law and not shown by the public records.
D. Taxes or assessments which are not shown as existing liens in the public records.
4. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including
submerged, filled or artificially exposed lands accreted to such land.
5. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority
for unpaid service charges for service by any water, sewer or gas system supplying the insured land.
6. Subject to reservations, restrictions and access as shown on deed of conveyance between
parties.
NOTE: The Company reserves the right to make further requirements and /or exceptions upon its review
of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details
of the transaction.
NOTE: If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company
or its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to
or for the account of the borrower. Neither the Company nor its agent shall, however, be under any duty to
disburse any sum except upon a determination that no such adverse intervening matters have appeared
of record or occurred.
NOTES ON STANDARD EXCEPTIONS:
72C10109
ALTA Commitment (6/17/06)
3 of 4 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The Use of this Form is restricted to ALTA
Licensees and ALTA members in good standing as of the date of use. All other users are prohibited. Reprinted
under license from the American Land Title Association
CHICAGO TITLE
INSURANCE COMPANY
Item 3A will be deleted from the policy upon receipt of an accurate survey of the land acceptable
to the Company. Items 3B, 3C, and 3D will be deleted from the policy upon receipt of an
affidavit - indemnity acceptable to the Company, stating (i) who is in possession of the land, (ii)
whether improvements to the land have been made or are contemplated to commence prior to the
date of closing, which improvements will not have been paid for in full prior to the closing, and (iii)
that there are no taxes or assessments which are not shown as existing liens in the public
records.
END OF SCHEDULE B — SECTION 11
72C10109 4 of 4
ALTA Commitment (6/17/06)
(with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The Use of this Form is restricted to ALTA
Licensees and ALTA members in good standing as of the date of use. All other users are prohibited. Reprinted
under license from the American Land Title Association