CSX TRANSPORTATION INC (2)This instrument prepared by
or under the direction of:
Kim R. Bongiovanni l 71 co. GU
Assistant General Counsel
Law Department
500 Water Street
Jacksonville, Florida 32202
/3 /.3 , �■
QUITCLAIM DEED
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2015347225 12/01/2015 at 12:48 PM
OFF REC BK: 19004 PG: 104 -109
DocType:DEED RECORDING: $52.50
D DOC STAMP: $1313.20
THIS QUITCLAIM DEED, made this id day of ijayxj412015, 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 assigns, 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 drainage 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 tbe- presence of:
J AJ,A CMA-A5V
CSX RANSPORTATION, INC.:
By:
Name:
Title:
Pv‘ 611,v
Attest
Richard M. Hood
President - CSX Real Property, Inc., signing
on behalf of CSX Transportation, Inc. -S
Secretary
td
Print Name: C
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
) SS.
COUNTY OF DUVAL
I, / enr) e_ I.. NW iS , 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.
Addams IN WITNESS WHEREOF, I hereunto set my ' of �. d,
y_ d+o�[�td, this
of N oVe rw.W- , 20 is": �✓' STATE OF FLORIDA
Cann* FF9421 `9
My commission expires on: 8/24/2019
240^
day
(SEAL)
Notary Public
Print Name: ActroQnv1e. L. - Da.VtS
EXHIBIT A
Description of property at: Clearwater, Pinellas County, Florida
To: City of Clearwater, Florida 69 _ A c1 - ! -- 00000 - J7 ) - 0 3v 0
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
POLICY NO.: 6097- 1- 1511006c- 2015.7430609- 94818028
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Chicago Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given
to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO
TITLE INSURANCE COMPANY, a Nebraska corporation, (the "Company ") insures, as of Date of Policy, against Toss or damage, not exceeding the Amount of
Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by
law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a govemmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete
land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and
encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the
violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a govemmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing
any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an altemative remedy, of a transfer of all or any part of the title to or any
interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or
preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
7230609
ALTA Owner's Policy (6/17/06)
1 of 6 (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.
AMERICAN
I ND titit
MSC,I.(YIf.N(
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or
similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or
recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests
Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided
in the Conditions.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the
policy to become valid when countersigned by an authorized signatory of the Company.
6097FL 1511006c
Somers Title Company
1290 Court St
Clearwater, FL 33756 -5003
Tel: (727) 441 -1088
Fax: (727) 449 -1359
Countersigned:
Authorize. °gnato
CHICAGO TITLE INSURANCE COMPANY
1 :
ALTA Owners Policy (6/17/06)
7230609 2 of 6 (with Florida Modifications)
sommn
AME0.1tAN
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good '^^O tali
standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
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 that arise by reason of:
1. (a) Any law, ordinance, permit, or govemmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit
the coverage provided under Covered Risk 5.
(b) Any govemmental police power. This Exclusion 1(b) does not modify
or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a)
(b)
(c)
(d)
(e)
created, suffered, assumed, or agreed to by the Insured Claimant;
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;
resulting in no loss or damage to the Insured Claimant;
attaching or created subsequent to Date of Policy; or
resulting in loss or damage that would not have been sustained if the
Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of
this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance ": The amount stated in Schedule A, as may be
increased or decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of these
Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule
A.
(c) "Entity ": A corporation, partnership, trust, limited liability company, or
other similar legal entity.
(d) "Insured ": The Insured named in Schedule A.
(i)
7230609
The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law
as distinguished from purchase, including heirs, devisees,
survivors, personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind
of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
if the grantee wholly owns the named Insured,
if the grantee is wholly -owned by an affiliated Entity of
the named Insured, provided the affiliated Entity and
the named Insured are both wholly -owned by the
same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
(2)
(3)
3 of 6
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have
had against any predecessor Insured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land ": The land described in Schedule A, and affixed improvements
that by law constitute real property. The term "Land" does not include
any property beyond the lines of the area described in Schedule A,
nor any right, title, interest, estate, or easement in abutting streets,
roads, avenues, alleys, lanes, ways, or waterways, but this does not
modify or limit the extent that a right of access to and from the Land is
insured by this policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized
by law.
(i) "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 Covered Risk 5(d), "Public Records" shall
also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land
is located.
"Title ": The estate or interest described in Schedule A.
"Unmarketable Title ": Title affected by an alleged or apparent matter
that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase,
lease, or lend if there is a contractual condition requiring the delivery
of marketable title.
ALTA Owner's Policy (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.
eaETeem
',KU, w ON
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an Insured, but only so long as the Insured retains an estate or
interest in the Land, or holds an obligation 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 warranties in any transfer or
conveyance of the Title. 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 obligation 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
litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or
interest that is adverse to the Title, as insured, and that might cause Toss
or damage for which the Company may be liable by virtue of this policy, or
(iii) if the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance, or other matter
insured against by this policy that 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.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, 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
covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters 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. It 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 that
allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to institute
and prosecute any action or proceeding or to do any other act that in
its opinion may be necessary or desirable to establish the Title, 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 to the Insured. The exercise of
these rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue the
litigation to a final determination by a court of competent jurisdiction,
and it expressly reserves the right, in its sole discretion, to appeal any
adverse judgment or order.
7230609
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)
(b)
In all cases where this policy permits or requires the Company �o
prosecute or provide for the defense of any action or proceeding and
any appeals, the Insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, including
the right 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 securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that
in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company is
prejudiced by the failure of the Insured to fumish 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.
The Company may reasonably require the Insured Claimant to submit
to examination under oath by any authorized representative of the
Company and to produce for examination, inspection, and copying, at
such reasonable times and places as may be designated by the
authorized representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e- mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that 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 of these records in the
custody or control of a third party that 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
any reasonably requested information, or grant permission to secure
reasonably necessary information from third parties as required in this
subsection, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this policy as to that
claim.
7. 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:
4 of 6
(a)
(b)
To Pay or Tender Payment of the Amount of Insurance. To pay or
tender payment of the Amount of Insurance under this policy together
with any costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation.
To Pay or Otherwise Settle With Parties Other Than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of
an Insured Claimant any claim insured against under this policy.
In addition, the Company will pay any costs, attorneys' fees, and
ALTA Owner's Policy (6/17/06)
(with Florida Modifications)
mom
AMtAtLAk
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good kAriti
MH
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standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
expenses incurred by the Insured Claimant that were authorized
• by the Company up to the time of payment and that the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment
and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (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.
8. DETERMINATION AND EXTENT OF LIABILITY
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.
(a) The extent of liability of the Company for loss or damage under this
policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this
policy.
(b) If the Company pursues its rights under Section 5 of these Conditions
and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will
also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
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 Unmarketable Title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or
damage caused to the Insured.
(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, adverse to
the Title, as insured.
(c) The Company shall not be liable for loss or damage to the 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 Insurance by the amount
of the payment.
7230609
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays 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 executed by an Insured after Date of Policy and which
is a charge or lien on the Title, and the amount so paid shall be deemed a
payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed
in accordance with these Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under
this policy, it shall be subrogated and entitled to the rights of the
Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to evidence
the transfer to the Company of these rights and remedies. 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
and remedies.
If a payment on account of a claim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured
to indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
5 of 6
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 the Company and the Insured at the time of
a controversy or claim. 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 having jurisdiction 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.
ALTA Owner's Policy (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.
AML V&AM
LAND ,M taw
A
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it 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 that arises out of the status of the Title
or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing
and authenticated by an authorized person, or expressly incorporated
by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of
this policy and is subject to all of its terms and provisions. Except as
the endorsement expressly states, it does not (i) modify any of the
terms and provisions of the policy, (ii) modify any prior endorsement,
(iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid
or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to be invalid, but all other
provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction where
the Land is located.
(b) Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to detemline the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall the
court or arbitrator apply its conflicts of law principles to determine the
applicable law.
(c) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal
court within the United States of America or its territories having
appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to
be given to the Company under this policy must be given to the Company
at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box
45023, Jacksonville, FL 32232 -5023.
ALTA Owner's Policy (6/17/06)
7230609 6 of 6 (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 Policy No.:7430609- 94818028
Address Reference:Florida
(For information only)
Amount of Insurance: $187,600.00
Premium: $1,013.00
Date of Policy: December 1, 2015 at 12:48 PM.
1. Name of Insured: City of Clearwater Florida a municipal corporation
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title is vested in:
Quitclaim Deed executed by CSX Transportation, Inc. a Virginia corporation to City of
Clearwater Florida a municipal corporation dated November 24, 2015, filed December 1,
2015, in Official Records Book 19004, Page 104, of the Public Records of Pinellas County,
Florida, conveying said property described herein.
4. The Land referred to in this policy 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.
ALTA Owner's Policy (6/17/06)
2730706 1 of 3 (with Florida Modifications)
AMERICAN
...............
LAND TITLE
ASSOCIATION
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
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION
ABOUT COVERAGE AND TO PROVIDE ASSISTANCE IS 1-800-669-7450
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
ALTA Owner's Policy (6/17/06)
2730706 2 of 3 (with Florida Modifications)
AMERICAN
LAND
ASSOCIATION
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 B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'
fees, or expenses that arise by reason of:
1. Taxes and assessments for the year 2015 and subsequent years, which are not yet due and
payable.
2. 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.
3. Rights or claims of parties in possession not shown by the public records.
4. 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.
5. Taxes or assessments which are not shown as existing liens in the public records.
6. 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.
7. 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.
The following items are hereby deleted: 3 and 4
8. Subject to reservations, restrictions and access as shown on deed of conveyance between parties.
ALTA Owner's Policy (6/17/06)
2730706 3 of 3 (with Florida Modifications)
AMERICAN
LA I 3 TITLE
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
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.