CITY OF CLEARWATER HILL WARD HENDERSON
ATTORNEYS AT LAW
TAMPA I CLEARWATER
SENDER'S DIRECT DIAL:
(813]222-3136
SENDER'S E-MALI..:
d en is e.sk i l l lmannhwh I aw.coral
August 12, 2015
Via Federal Express
Mr. Charles Lane
Risk Manager
City of Clearwater
100 South Myrtle Avenue
Suite #3
Clearwater, FL 33756
Re: Clearwater Christian College Private School, Inc. Sale to
City of Clearwater, Florida
Dear Chuck:
In connection with the above matter, enclosed is First American Title Insurance
Company Owner's Policy No. 5011412-0370810e.
It was a pleasure working with you on this matter.
Sincerely,
HILL RD HFNDERSON
Denise K. Skillman
Florida Registered Paralegal
Enclosure
600 CLEVEI.AND STREET, SUITE 800, CLEARWATER, FL 33755-4153
TEL: 727-724-3900 FAX: 727-724-2900 WWW.HWHLAW.CO.N
8807401vl
Owner's Policy of Title Insurance
(with Florida modifications)
FirstArnerican 77de'° ISSUED BY
-^
46K First American Title Insurance Company
POLICY NL1MEER
Owner'S Policy 5011412-0370810e
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, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation(the"Company")insures,as of Date of Policy against
loss 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.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company For Reference:
File#: 2061-3548552
Issued By;
Dennis J.Gilmore Hill,Ward &Henderson, P.A.1FL/Tampa
President Bank of America Plaza, 101 East Kennedy Blvd.,
;#vy Suite 3700
Tampa, FL 33602
Jeffrey S.Robinson
Secretary
(This Policy is valid only when Schedules A and 6 are attached) This jacket was created electronically and constitutes an original document
copyright 2006.2009 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 prohiNted.Reprinted under licanse from the American Land Title Associal ion.
Form 5011412(2-1-11) Page 1 of 5 ALTA Owners Policy of Title Insurance(6-17-06)(with Florida modifications)
Owner's Policy of Title Insurance
First American
ISSUED BY
First American Title Insurance Company
Schedule A POLICY NUMBER
5011412-0370810e
Name and Address of Title Insurance Company:
FIRST AMERICAN TITLE INSURANCE COMPANY
1 First American Way, Santa Ana, California 92707
Customer Reference Number: Clearwater Christian/Easterland
First American File Number: 2061-3548552
Address Reference: Preserve Land in Clearwater, Clearwater, FL 33759
Amount of Insurance: $1,360,000.00 Premium: $
Date of Policy: July 12, 2016 at 10:37 A,M.
1. Name of Insured:
The City of Clearwater, Florida, a Municipal Corporation of the State of Florida
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
The City of Clearwater, Florida, a Municipal Corporation of the State of Florida
4. The Land referred to in this policy is described as follows:
See Exhibit"A" attached hereto and made a part hereof
First American Tide Insurance Company
By:
as Vice President of First American Title Insurance Company
(This Schedule A valid only when Schedule B is attached)
Form 5011412(7-1-14) Page 1 of 7 ALTA owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
Owner's Policy of Title Insurance
First Americaw
._ ISSUED BY
First American Title Insurance Company
POLICY NUMBER
Exhibit A 5011412-0370810e
Agent File Number: Clearwater Christian/Easterland
FAST File Number: 2061-3548552
The land referred to herein below is situated in the County of Pinellas, State of FL, and described as follows:
Parcel 1:
The North 1/2 of the NE 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and that part or
portion of Government Lots 3 and 4 of said Section, which lies North of a line beginning in the West boundary of said
Government Lot 3 at a point 250 feet North of its Southwest corner and extending North 870 East to navigable water in
Old Tampa Bay and all land lying between the above described parcel and the right-of-way of State Road 60, otherwise
known as Courtney Campbell Causeway.
LESS:
That portion thereof deeded to Robert D. Winn and Mary S. Winn, husband and wife, on November 16, 1992, by deed
recorded in O.R. Book 8094, Page 1155, public records of Pinellas County, Florida, described as follows: That portion of
the NWI/a of Section 16, Township 19S, Range 16E, lying South of Drew Street. East of Unit 1 of Crystal Heights
Subdivision, and Northwesterly of Bayshore Boulevard -together with the riparian rights thereto, being more particularly
described as follows:
From the NE corner of the NWI/a of Section 16,Township 29S, Range 16E, as a point of reference, thence S 0 037`03" W
along the North-South Centerline of said Section 16 a distance of 33.0' to the Northeast corner of Lot 9, Unit 1, of Crystal
Heights Subdivision as a Point of Beginning; thence continue S 003703" W along said centerline (being also the Easterly
boundary of said Unit 1 of Crystal Heights Subdivision, as recorded in Plat Book 28, Page 64, of the public records of
Pinellas County, Florida), a distance of 222.47' to a point on the Northerly right-of-way of Bayshore Boulevard (a 100'
right-of-way); thence along a curve to the right having a radius of 368,31". a chord bearing of N 41035'48" E. and a
chord distance of 146,17' to a point of tangency; thence N 61 110231" E along said tangent right-of-way, a distance of
184.66' to an intersection with the Southerly right-of-way of Drew Street (currently a 33' right-of-way); thence N
89 129`50"W along said Southerly right-of-way (33 from and parallel to the forth line of said Section 16), a distance of
242.21' to the Point of Beginning.
AND LESS AND EXCEPT:
The right-of-way of Davis Causeway(known as Courtney Campbell Causeway), Pinellas County, Florida.
AND LESS AND EXCEPT:
A 100' right-of-way for Bayshore Boulevard as described in County Petition No. 80, dated August 4, 1925,
LESS AND EXCEPT FROM PARCEL 1 THE FOLLOWING DESCRIBED PROPERTY:
A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15,TOWNSHIP 29 SOUTH, RANGE 16 EAST AND
GOVERNMENT LOT 4, SECTION 16,TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH 1/2 OF THE NORTHEAST
1/4 OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4 FOR THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE 589 130'50"E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT
LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID
Form 5011412 R-1-14] Page 2 of 7 ALTA owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1)THENCE S43°23'49"W FOR A
DISTANCE OF 763.40 FEET; 2)THENCE S44 038'51"W FOR A DISTANCE OF 392,80 FEET; THENCE DEPARTING SAID
CHANNEL S80 052'25"W FOR A DISTANCE OF 345.42 FEET, THENCE S82°35'34"W FOR A DISTANCE OF 47.12 FEET;
THENCE S89 045'59"W FOR A DISTANCE OF 103.93 FEET; THENCE S00°12'38"E FOR A DISTANCE OF 13.08 FEET;
THENCE S82 035'34"W FOR A DISTANCE OF 41.51 FEET; THENCE S89 1147'22"W FOR A DISTANCE OF 51.52 FEET;
THENCE S33 001'58"E FOR A DISTANCE OF 6.47 FEET; THENCE S09 000'02"W FOR A DISTANCE OF 0.65 FEET; THENCE
S82 035'34"W FOR A DISTANCE OF 54.25 FEET; THENCE N17 1157'12"W FOR A DISTANCE OF 1.90 FEET; THENCE
N08 041'14"E FOR A DISTANCE OF 11.20 FEET; THENCE S89 047'22"W FOR A DISTANCE OF 5.31 FEET; THENCE
S24 052'04"W FOR A DISTANCE OF 4.07 FEET; THENCE S59 038'37"W FOR A DISTANCE OF 21.04 FEET; THENCE
N83 006'54"W FOR A DISTANCE OF 15.93 FEET; THENCE S03 024'39"W FOR A DISTANCE OF 5.68 FEET; THENCE
S82 035'34"W FOR A DISTANCE OF 93.56 FEET; THENCE N63 003'36"W FOR A DISTANCE OF 4.61 FEET; THENCE
S34 048'54"W FOR A DISTANCE OF 3.51 FEET; THENCE S82 035'34"W FOR A DISTANCE OF 48.30 FEET; THENCE
N18 025'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66 110'36"W FOR A DISTANCE OF 11.75 FEET; THENCE
N07°24'44"E FOR A DISTANCE OF 36.90 FEET; THENCE N27 046'29"E FOR A DISTANCE OF 34.57 FEET; THENCE
N22 006'03"E FOR A DISTANCE OF 26.14 FEET; THENCE S85 127'49"E FOR A DISTANCE OF 21.03 FEET; THENCE
N00 022'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76 003'09"W FOR A DISTANCE OF 10.17 FEET; THENCE
N09 014'50"W FOR A DISTANCE OF 49.43 FEET; THENCE N21 051'04"W FOR A DISTANCE OF 49.13 FEET; THENCE
N61 045'36"W FOR A DISTANCE OF 15.55 FEET; THENCE N39°48'21"W FOR A DISTANCE OF 36.76 FEET; THENCE
NO3 051'29"E FOR A DISTANCE OF 38.04 FEET; THENCE N01 001'26"W FOR A DISTANCE OF 39.77 FEET; THENCE
N39 014'16"W FOR A DISTANCE OF 22.62 FEET; THENCE NO2 001'50"E FOR A DISTANCE OF 6.68 FEET; THENCE
N48 007'04"E FOR A DISTANCE OF 21,83 FEET; THENCE N23°43'08"W FOR A DISTANCE OF 23.22 FEET, THENCE
N60°13'20"E FOR A DISTANCE OF 17.15 FEET;THENCE N06°42'31"E FOR A DISTANCE OF 10.05 FEET; THENCE
N41 029'06"W FOR A DISTANCE OF 13.11 FEET;THENCE N45°22'31"E FOR A DISTANCE OF 25.74 FEET; THENCE
N63 018'48"E FOR A DISTANCE OF 23.82 FEET;THENCE N53°55'07"E FOR A DISTANCE OF 49.94 FEET;THENCE
N00 016'34"W FOR A DISTANCE OF 56.85 FEET; THENCE N89 043'26"E FOR A DISTANCE OF 180.68 FEET; THENCE
N00 016'34"W FOR A DISTANCE OF 107.99 FEET; THENCE N89 043'26"E FOR A DISTANCE OF 17.99 FEET; THENCE
N00 056'49"W FOR A DISTANCE OF 68.66 FEET; THENCE N14 100'29"W FOR A DISTANCE OF 71.74 FEET; THENCE
N14 013'49"W FOR A DISTANCE OF 31.35 FEET; THENCE N25104'24"W FOR A DISTANCE OF 148.53 FEET TO A POINT
OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET,AN ARC LENGTH OF
39.24 FEET, A CENTRAL ANGLE OF 89 056'13", A CHORD BEARING OF N19°53'43"E AND A CHORD DISTANCE OF 35.34
FEET TO A POINT OF TANGENCY;THENCE N64°51'49"E FOR A DISTANCE OF 43.89 FEET; THENCE N55 002'03"E FOR A
DISTANCE OF 61.06 FEET; THENCE N61 114'38"E FOR A DISTANCE OF 52.20 FEET; THENCE N63°49'38"E FOR A
DISTANCE OF 37.84 FEET; THENCE N70 122'20"E FOR A DISTANCE OF 92.52 FEET; THENCE N68 051'27"E FOR A
DISTANCE OF 104.72 FEET TO A POINT OF CURVATURE;THENCE ALONG SAID CURVE TO THE RIGHT HAVING A
RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85 051'05", A CHORD BEARING OF
S68 013'01"E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25 017'28"E FOR A DISTANCE
OF 63.57 FEET; THENCE N36 018'39"E FOR A DISTANCE OF 40.81 FEET;THENCE N291155'15'E FOR DISTANCE OF 19.77
FEET; THENCE N66 158'31"E FOR A DISTANCE OF 18.51 FEET; THENCE S85 143'35"E FOR A DISTANCE OF 27.81 FEET;
THENCE N71 055'13"E FOR A DISTANCE OF 24.66 FEET;THENCE N52 006'00"E FOR A DISTANCE OF 30.63 FEET; THENCE
S89°49'20"E FOR A DISTANCE OF 204.74 FEET; THENCE N62 013'50"E FOR A DISTANCE OF 9.09 FEET; THENCE
N21 046'43"E FOR A DISTANCE OF 26.32 FEET;THENCE N34°38'33"W FOR A DISTANCE OF 28,03 FEET; THENCE
N40 045'36"W FOR A DISTANCE OF 36.60 FEET; THENCE S85°40'57"W FOR A DISTANCE OF 47.45 FEET; THENCE
N42 047'16"W FOR A DISTANCE OF 17.54 FEET;THENCE N21°20'23"E FOR A DISTANCE OF 11.80 FEET; THENCE
N89 008'03"E FOR A DISTANCE OF 23.76 FEET;THENCE N47 026'36"E FOR A DISTANCE OF 9.50 FEET; THENCE
N06 022'13"E FOR A DISTANCE OF 27.47 FEET;THENCE N78 1125'27"E FOR A DISTANCE OF 22.62 FEET; THENCE
N46 051'13"E FOR A DISTANCE OF 14.18 FEET; THENCE S49 155'47"E FOR A DISTANCE OF 20.43 FEET; THENCE
S23 046'33"E FOR A DISTANCE OF 25.83 FEET; THENCE N71 005'46"E FOR A DISTANCE OF 56.43 FEET; THENCE
538 052'30"E FOR A DISTANCE OF 9.36 FEET; THENCE S67 005'16"E FOR A DISTANCE OF 24.28 FEET; THENCE
N33 007'17"E FOR A DISTANCE OF 24.29 FEET; THENCE S69 105'02"E FOR A DISTANCE OF 28.70 FEET; THENCE
S24 008'40"E FOR A DISTANCE OF 30.96 FEET; THENCE S20°16'44"E FOR A DISTANCE OF 8.64 FEET; THENCE
S87 050'35"W FOR A DISTANCE OF 11.51 FEET; THENCE S26048'43"W FOR A DISTANCE OF 19.46 FEET; THENCE
S23 025'49"W FOR A DISTANCE OF 19.13 FEET; THENCE S11 023'43"E FOR A DISTANCE OF 24.18 FEET; THENCE
N4901 1'46"E FOR A DISTANCE OF 17.83 FEET; THENCE N82 059'36"E FOR A DISTANCE OF 34.97 FEET TO THE EAST
LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST;THENCE S00 000'00"W ALONG SAID SECTION LINE
FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4 AND THE
AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION.
Fn,m sn,aai')r7-1-14] pane 3 of 7 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
INCLUDING:
THAT PORTION OF ROAD RIGHT-OF-WAY AS CONTAINED IN RESOLUTION RECORDED IN BOOK 1936, PAGE 522, AS
AFFECTED BY NAME CHANGE RESOLUTION RECORDED IN BOOK 5043, PAGE 479, WHICH LIES NORTH OF THE RIGHT-
OF-WAY OF STATE ROAD 60 AND WHICH LIES SOUTH OF THE LANDS DESCRIBED IN OR BOOK 17421, PAGE 2642 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Parcel 2:
A tract of land lying in the Northwest quarter of Section 16, Township 29 South, Range 16 East, and lying East of
Bayshore, Boulevard,described as follows: From the center of said Section 16, run N.0 037'03"E. along the North-South
centerline of said Section 16 a distance of 205.00 feet for a P.O.B.; and run thence N.89 027'56"W. a distance of 109.07
feet to a point on the Easterly County-occupied right-of-way line of Bayshore Boulevard (County Road No, 30), run thence
along said Easterly County-occupied right-of-way line, on a curve to the left having a radius of 533.91', arc 204.87', chord
203.62', chord bearing N.27 023'54"E.; thence 5.73 1135'40"E. 18.00 feet to a point on said North-South centerline; thence
5.00037'03"W, along said North-South centerline a distance of 176.72 feet to the P.O.B., in Pinellas County, Florida.
Parcel 3:
Part of Government Lot 3 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, more particularly
described as:
Commencing at the Southwest corner of Government Lot 3 of said Section 16; thence North 000 37' 03" East along the
North-South centerline of said Section, 282.84 feet; thence North 8911 56' 33" East parallel with the gulf to bay boulevard,
also known as State Road 60, Courtney Campbell Causeway and Davis Causeway, 4.22 feet to the point of beginning;
thence along the Easterly right of way of Bayshore Boulevard the following two courses: Northeasterly 223.51 feet along
the arc of a 568.91 foot radius curve to the left, the central angle of which is 2211 30' 35", and the long chord of which
bears: North 120 30' 08" East, 222.07 feet; thence North 000 37' 03" East, 284.19 feet; thence leaving said right of way
at a right angle, bearing South 890 22' 57" East, 344.66 feet; thence South 520 12' 03" East, 572.80 feet; thence South
0011 46' 40" East, 191.08 feet radially to a point on the Northerly right of way of the gulf to bay boulevard; thence along
said right of way the following two courses: Southwesterly 69.41 feet along the arc of a 5525.83 foot radius curve to the
right, the central angle of which is 011 43' 11", and the long chord of which bears: South 891 34' 55" West, 69.41 feet;
thence South.,890 36' 04" West, 324.14 feet, thence leaving said right of way bearing North 01° 41' 20" East, 48.11 feet;
thence South 890 56' 33" West parallel with the gulf to bay boulevard, 458.86 feet to the point of beginning.
Form 5011412(7-1-14) Paqe 4 of 7 ALTA Owner's Policy of Title Insurance(6-17-46) [with Florida modifications]
First American Owner`s Policy of Title Insurance
y
-_.4W ISSUE]sY
� First American Title Insurance Company
Schedule`�� ]�� POLICY NUMBER
5011412-0370810e
Customer Reference Number: Clearwater Christian/Easterland
First American File Number: 2061-3548552
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. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
2. 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.
3. Any lien, for services, labor, or materials in connection with improvements, repairs or renovations
provided before, on, or after Date of Policy, not shown by the public records.
4. Any dispute as to the boundaries caused by a change in the location of any water body within or
adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that
is, at Date of Policy, or was previously under water.
5. Taxes or special assessments not shown as liens in the public records or in the records of the
local tax collecting authority, at Date of Policy.
NOTE: Exceptions numbered 1, 2, 3 and 5 above are hereby deleted.
6. Any minerals or mineral rights leased, granted or retained by current or prior owners.
7. Taxes and assessments for the year 2016 and subsequent years, which are not yet due and
payable.
8. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled and artificially exposed lands and lands
accreted to such lands, (As to Parcel 1 and Parcel 3)
9. Riparian and/or littoral rights are not insured. (As to Parcel 1)
10. The right, title or interest, if any, of the public to use as a public beach or recreation area any
part of the Land lying between the water abutting the Land and the most inland of any of the
following: (a)the natural line of vegetation, (b)the most extreme high water mark; (c) the
bulkhead line, or(d) any other line which has been or which hereafter may be legally established
as relating to such public use. (As to Parcel 1)
11. This Policy does not insure title to any part of the land lying below the mean high water line of
any abutting body of water. (As to Parcel 1)
Form 5011412(7-1-14) Page 5 of 7 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
12. Rights of the United States Government to that part of the Land, if any, being artificially filled in
land in what was formerly navigable waters arising by reason of the united States Government
control over navigable waters in the interest of navigation and commerce. (As to Parcel 1 and
Parcel 3)
11 Easement granted to Florida Power Corporation by instrument recorded in Book 2658, Page 459.
(As to Parcel 1)
14. Easement granted to Florida Power Corporation by instrument recorded in Book 4231, Page 455.
(As to Parcel 1)
15. Declaration of Easements recorded in Book 9531, Page 375. (As to Parcel 1)
16. Easement granted to Southwest Florida Water Management District by instrument recorded in
Book 10713, Page 81. (As to Parcel 1)
17. Blanket Public Utilities Easement recorded in Book 16651, Page 2539. (As to Parcel 1)
18. Terms and conditions of Settlement Agreement recorded May 6, 2011 in Book 17243, Page 718,
and assigned to CLH Holdings in Book 18819, Page 684 and Book 16887, Page 1839. (As to
Parcel 1)
19. Easement granted to City of Clearwater, Florida by instrument recorded in Book 2382, Page 580.
(As to Parcel 1).
20. Easement granted to Pinellas County by instrument recorded in Book 9525, Page 441, re-
recorded in Book 9551, Page 1433. (As to Parcel 1).
21. Ingress/Egress Easement as contained in Final Judgment recorded in Book 3164, Page 342 and
Stipulation for amended Final Judgment recorded in Book 5952, Page 99. (As to Parcel 1)
22. Cross Access Easement Agreement by and between TBI Holding, LLC, a Pennsylvania limited
liability company, Clearwater Christian College Private School, Inc., a Florida not-for-profit and
Easterland, LLC, a Florida limited liability company recorded July 5, 2013 in Book 18071, Page
1635, (As to Parcels 2 and 3)
23. Riparian rights granted in that Corrective Warranty Deed recorded in Book 10311, Page 2391. (As
to Parcel 1)
Form 5011412(7-1-14) Paae 6 of 7 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modlflcations)
Agent File Number: Clearwater Christian/Fasterland
Issuing Office File Number: 2661-3548552
Note: All of the recording information contained herein refers to the Public Records of Pinellas County,
Florida, unless Otherwise indicated. Any reference herein to a Book and Page is a reference to the Official
Record Books of said county, unless Indicated to the contrary.
Notices- Where Sen
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this policy and shall be addressed to the Company, Attention:
Claims Department, 1 First American Way, Santa Ana, CA 92707,
Service, Quallily and Availabili
First American Title Insurance Company cares about its customers and their ability to obtain information
and service on a convenient, timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you. A toll-free number is available for your convenience in obtaining information
about coverage and to provide assistance in resolving complaints at 1-860-929-7186. Office hours are
from 8:30 a.m. through 5:30 p.m. Monday through Friday.
6958 ]
14] Paqe 7 of 7 ALTA owner's Policy of Title Insurance(6-17-06)[with Florida modifi cations]
Policy#: 5011412-0370810e COVERED RISK(Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental 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 governmental 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 alternative 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
(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
(1) 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.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b) not Known to the Company, not recorded in the Public
this policy, and the Company will not pay loss or damage, costs, Records at Date of Policy, but Known to the Insured
attorneys'fees, or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by the
1. (a) Any law, ordinance, permit, or governmental regulation Insured Claimant prior to the date the Insured Claimant
(including those relating to building and toning) restricting, became an Insured under this policy;
regulating, prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant;
(i) the occupancy,use,or.enjoyment of the Land; (d) attaching or created subsequent to Date of Policy,or
(ii) the character, dimensions, or location of any (e) resulting in loss or damage that would not have been
improvement erected on the Land; sustained if the Insured Claimant had paid value for the
(Iii) the subdivision of land;or Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy,
or the effect of any violation of these laws, ordinances, or state insolvency, or similar creditors' rights laws, that the
governmental regulations. This Exclusion 1(a) does not transaction vesting the Title as shown in Schedule A,is
modify or limit the.coverage provided under Covered Rsk 5. (a) a fraudulent conveyance or fraudulent transfer;or
(b) Any governmental police power. This Exclusion 1(b) does (b) a preferential transfer for any reason not stated in Covered
not modify or limit the coverage provided under Covered Risk 9 of this policy.
Risk 6. 5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify or imposed by governmental authority and created or attaching
limit the coverage provided under Covered Risk 7 or 8. between Date of Policy and the.date of recording of the deed or
3. Defects,liens,encumbrances,adverse claims,or other matters other instrument of transfer in the Public Records that vests Title
(a) created, suffered, assumed, or agreed to by the Insured as shown in Schedule A.
Claimant;
Form 5011412(7-1-14) Page 2 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
Policy#: 5011412-0370810e
CONDITIONS
I. DEFINITION OF TERMS notice of matters relating to real property to purchasers for
The following terms when used In this policy mean: value and without Knowledge. With respect to Covered
(a) "Amount of Insurance": The amount stated in Schedule A,as Risk 5(d), "Public Records" shall also include environmental
may be increased or decreased by endorsement to this protection liens filed in the records of the cleric of the united
policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land Is located.
10 and 11 of these Conditions. (jj "Title": The estate or interest described in Schedule A.
(b) "Date of Policy": The date designated as"Date of Policy"in (k) "Unmarketable Title":Tice affected by an alleged or apparent
Schedule A. matter that would permit a prospective purchaser or lessee of
(c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the
company,or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual
(d) "Insured": The Insured named in Schedule A. condition requiring the delivery of marketable title.
(i) The term"Insured"also Includes 2. CONTINUATION OF INSURANCE
(A) successors to the Title of the Insured by operation The coverage of this policy shall continue in force as of Date of
of law as distinguished from purchase, including Policy in favor of an Insured, but only so long as the insured
heirs,devisees,survivors,personal representatives, retains an estate or interest in the Land, or holds an obligation
or next of kin; secured by a purchase money Mortgage given by a purchaser
(B) successors to an Insured by dissolution, merger, from the Insured,or only so long as the Insured shall have liability
consolidation,distribution,or reorganization; by reason of warranties in any transfer or conveyance of the Title.
(C) successors to an Insured by its conversion to This policy shall not continue in force in favor of any purchaser
another kind of Entity; from the Insured of either(1) an estate or interest in the Land, or
(D) a grantee of an Insured under a deed delivered (ii)an obligation secured by a purchase money Mortgage given to
without payment of actual valuable consideration the Insured.
conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(1) if the stock, shares, memberships, or other The Insured shall notify the Company promptly in writing(i)in case
equity interests of the grantee are wholly- of any litigation as set forth in Section 5(a) of these Conditions,
owned by the named Insured, (ii)in case Knowledge shall come to an Insured hereunder of any
(2) 1f the grantee wholly owns the named Insured, claim of title or interest that is adverse to the Title,as insured, and
(3) if the grantee is wholly-owned by an affiliated that might cause loss or damage for which the Company may be
Entity of the narked Insured, provided the liable by virtue of this policy, or (iii) if the Title, as insured, is
affiliated Entity and the named Insured are rejected as Unmarketable Title. If the Company is prejudiced by
both wholly-owned by the same person or the failure of the Insured Claimant to provide prompt notice, the
Entity,or Company's liability to the Insured Claimant under the policy shall
(4) if the grantee is a trustee or beneficiary of a be reduced to the extent of the prejudice.
trust created by a written instrument 4. PROOF OF LOSS
established by the Insured named in Schedule In the event the Company is unable to determine the amount of
A for estate planning purposes. loss or damage, the Company may, at its option, require as a
(li) With regard to(A), (B), (C), and(D) reserving,however, condition of payment that the Insured Claimant furnish a signed
all rights and defenses as to any successor that the proof of loss. The proof of loss must describe the defect, lien,
Company would have had against any predecessor encumbrance, or other matter insured against by this policy that
Insured. constitutes the basis of loss or damage and shall state, to the
(e) "Insured Claimant An Insured claiming loss or damage. extent possible,the basis of calculating the amount of the loss or
(f) "Knowledge"or"Known": Actual knowledge, not constructive damage.
knowledge or notice that may be imputed to an insured by 5. DEFENSE AND PROSECUTION OF ACTIONS
reason of the Public Records or any other records that Impart (a) Upon written request by the Insured, and subject to the
constructive notice of matters affecting the Title, options contained in Section 7 of these Conditions, the
(g) "Land": The land described in Schedule A, and affixed Company, at Its own cost and without unreasonable delay,
improvements that by law constitute real property. The term shall provide for the defense of an Insured in litigation in
"Land' does not include any property beyond the lines of the which any third party asserts a claim covered by this policy
area described in Schedule A, nor any right, title, interest, adverse to the Insured. This obligation is limited to only those
estate, or easement in abutting streets, roads, avenues, stated causes of action alleging matters insured against by
alleys,lanes,ways,or waterways,but this does not modify or this policy. The Company shall have the right to select
limit the extent that a right of access to and from the Land is counsel of its choice (subject to the right of the Insured to
insured by this policy. object for reasonable cause) to represent the Insured as to
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other those stated causes of action. It shall not be liable for and will
security instrument, including one evidenced by electronic not pay the fees of any other counsel. The Company will not
means authorized by law. pay any fees, costs, or expenses incurred by the Insured in
(i) "Public Records": Records established under state statutes the defense of those causes of action that allege matters not
at Date of Policy for the purpose of imparting constructive insured against by this policy.
Form 5011412(7-1-14) Page 3 of 5 ALTA Owner's Policy or Title Insurance(6-17-06)(with Florida modifications)
Policy#: 5011412-0370810e CONDITIONS(Continued)
(b) The Company shall have the right, in addition to the options T. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
contained in Section 7 of these Conditions,at its own cost,to TERMINATION OF LIABILITY
institute and prosecute any action or proceeding or to do any In case of a claim under this policy, the Company shall have the
other act that in its opinion may be necessary or desirable to following additional options:
establish the Title,as insured,or to prevent or reduce loss or (a) To Pay or Tender Payment of the Amount of Insurance.
damage to the Insured. The Company may take any To pay or tender payment of the Amount of Insurance under
appropriate action under the terms of this policy, whether or this policy together with any costs, attorneys' fees, and
not it shall be liable to the Insured. The exercise of these expenses incurred by the Insured Claimant that were
rights shall not be an admission of liability or waiver of any authorized by the Company up to the time of payment or
provision of this policy. If the Company exercises its rights tender of payment and that the Company is obligated to pay.
under this subsection,it must do so diligently. Upon the exercise by the Company of this option, all liability
(c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this
defense as required or permitted by this policy, the Company policy, other than to make the payment required in this
may pursue the litigation to a final determination by a court of subsection,shall terminate,including any liability or obligation
competent jurisdiction, and it expressly reserves the right, in to defend,prosecute,or continue any Iitigation.
its sole discretion,to appeal any adverse judgment or order, (b) To Pay or Otherwise Settle With Parties Other Than the
6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured or With the Insured Claimant.
(a) In all cases where this policy permits or requires the (i) To pay or otherwise settle with other parties for or in the
Company to. prosecute or provide for the defense of any name of an Insured Claimant any claim insured against
action or proceeding and any appeals, the Insured shall under this policy. In addition, the Company will pay any
secure to the Company the right to so prosecute or provide costs, attorneys' fees, and expenses incurred by the
defense in the action or proceeding,including the right to use, Insured Claimant that were authorized by the Company
at its option, the name of the Insured for this purpose. up to the time of payment and that the Company is
Whenever requested by the Company, the Insured, at the obligated to pay;or
Company's expense, shall give the Company all reasonable (ii) To pay or otherwise settle with the insured Claimant the
aid(i) in securing evidence,obtaining witnesses, prosecuting loss or damage provided for under this policy, together
or defending the action or proceeding,or effecting settlement, with any costs, attorneys' fees, and expenses incurred
and (ii) in any other lawful act that in the opinion of the by the Insured Claimant that were authorized by the
Company may be necessary or desirable to establish the Title Company up to the time of payment and that the
or any other matter as insured. If the Company is prejudiced Company is obligated to pay.
by the failure of the Insured to furnish the required Upon the exercise by the Company of either of the options
cooperation,the Company's obligations to the Insured under provided for in subsections (b)(i) or (ii), the Company's
the policy shall terminate, including any liability or obligation obligations to the insured under this policy for the claimed
to defend,prosecute,or continue any litigation,with regard to loss or damage, other than the payments required to be
the matter or matters requiring such cooperation. made, shall terminate, including any liability or obligation to
(b) The Company may reasonably require the Insured Claimant defend,prosecute,or continue any litigation,
to submit to examination under oath by any authorized B. DETERMINATION AND EXTENT OF LIABILITY
representative of the Company and to produce for This policy is a contract of indemnity against actual monetary loss
examination, inspection, and copying, at such reasonable or damage sustained or incurred by the Insured Claimant who has
times and places as may be designated .by the.authorized suffered loss or damage by reason of matters insured against by
representative of the Company, all records, in whatever this policy.
medium maintained, including books, ledgers, checks, (a) The extent of liability of the Company for loss or damage
memoranda, correspondence, reports, e-mails, disks, tapes, under this policy shall not exceed the lesser of
and videos whether bearing a date before or after Date of (i) the Amount of Insurance;or
Policy, that reasonably pertain to the loss or damage. (ii) the difference between the value of the Title as insured
Further, if requested by any authorized representative of the and the value of the Title subject to the risk insured
Company, the Insured Claimant shall grant its permission, in against by this policy.
writing, for any authorized representative of the Company to (b) If the Company pursues its rights under Section 5 of these
examine,inspect,and copy all of these records in the custody Conditions and is unsuccessful in establishing the Title, as
or control of a third party that reasonably pertain to the loss or insured,
damage. All information designated as confidential by the (i) the Amount of Insurance shall be increased by 10%,and
Insured Claimant provided to the Company pursuant to this (ii) the Insured Claimant shall have the right to have the loss
Section shall not be disclosed to others unless, in the or damage determined either as of the date the claim
reasonable judgment of the Company, it is necessary in the was made by the Insured Claimant or as of the date it is
administration of the claim. Failure of the Insured Claimant to settled and paid.
submit for examination under oath, produce any reasonably (c) In addition to the extent of liability under (a) and (b), the
requested information, or grant permission to secure Company will also pay those costs, attorneys' fees, and
reasonably necessary information from third parties as expenses incurred in accordance with Sections 5 and 7 of
required in this subsection, unless prohibited by law or these Conditions.
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
Form 5011412(7-1-14) Page 4 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)[with Florida modifications]
Policy#: 5011412.0370810e CONDITIONS(Continued)
9. LIMITATION OF LIABILITY include,but are not limited to,any controversy or claim between the
(a) If the Company establishes the Title, or removes the alleged Company and the Insured arising out of or relating to this policy,and
defect, lien, or encumbrance, or cures the lack of a right of service of the Company in connection with its issuance or the breach
access to or from the Land,or cures the claim of Unmarketable of a policy provision or other obligation. Arbitration pursuant to this
Title, all as insured, in a reasonably diligent manner by any policy and under the Rules in effect on the .date the demand for
method, including litigation and the completion of any appeals, arbitration is made, or, at the option of the Insured, the Rules in
it shall have fully performed its obligations with respect to that effect at Date of Policy shall be binding upon the parties. The award
matter and shall not be liable for any loss or damage caused to may include attorneys'fees only if the laws of the state in which the
the Insured. Land is located permit a court to award attorneys' fees to a
(b) In the event of any litigation,including litigation by the Company prevailing party. Judgment upon the award rendered by the
or with the Company's consent, the Company shall have no Arbitrator(s)may be entered in any court having jurisdiction thereof.
liability for loss or damage until there has been a final The law of the situs of the land shall apply to an arbitration under the
determination by a court of competent jurisdiction, and Title Insurance Arbitration Rules.
disposition of all appeals,adverse to the Title,as insured. A copy of the Rules may be obtained from the Company upon
(c) The Company shall not be liable for loss or damage to the request.
Insured for liability voluntarily assumed by the Insured in 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
settling any claim or suit without the prior written consent of the CONTRACT
Company. (a) This policy together with all endorsements,if any,attached to it
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION by the Company is the entire policy and contract between the
OF LIABILITY Insured and the Company. In interpreting any provision of this
Al payments under this policy, except payments made for costs, policy,this policy shall be construed as a whole.
attorneys'fees,and expenses,shall reduce the Amount of Insurance (b) Any claim of loss or damage that arises out of the status of the
by the amount of the payment. Titie or by any action asserting such claim whether or not
11. LIABILITY NONCUMULATIVE based on negligence shall be restricted to this policy.
The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in
Company pays under any policy insuring a Mortgage to which writing and authenticated by an authorized person,or expressly
exception is taken in Schedule B or to which the Insured has agreed, incorporated by Schedule.A of this policy.
assumed,or taken subject,or which is executed by an Insured after (d) Each endorsement to this policy issued at any time is made a
Date of Policy and which is a charge or Gen on the Title, and the part of this policy and is subject to all of its terms and
amount so paid shall be deemed a payment to the Insured under provisions. Except as the endorsement expressly states, it
this policy. does not (i) modify any of the terms and provisions of the
12. PAYMENT OF LOSS policy,(ii)modify any prior endorsement,(iii)extend the Date of
When liability and the extent of loss or damage have been definitely Policy,or(iv)increase the Amount of Insuranoe.
fixed in accordance with these Conditions, the payment shall be 16. SEVERABILITY
made within 30 days. In the event any provision of this policy, in whole or in part, is held
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT invalid or unenforceable under applicable law, the policy shall be
(a) Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid,
under this policy,it shall be subrogated and entitled to the rights but all other provisions shall remain in full force and effect.
of the Insured Claimant in the Title and all other rights and 17. CHOICE OF LAW;FORUM
remedies in respect to the daim that the Insured Claimant has (a) Choice of Law: The Insured acknowledges the Company has
against any person or property, to the extent of the amount of underwritten the risks covered by this policy and determined
any loss, costs, attomeys' fees, and expenses paid by the the premium charged therefor in reliance upon the law affecting
Company, If requested by the Company,the Insured Claimant interests in real property and applicable to the interpretation,
shall execute documents to evidence the transfer to the rights, remedies,or enforcement of policies of title insurance of
Company of these rights and remedies. The Insured Claimant the jurisdiction where the Land is located.
shall permit the Company to sue,compromise,or settle in the Therefore,the court or an arbitrator shall apply the law of the
name of the Insured Claimant and to use the name of the jurisdiction where the Land is located to determine the validity
Insured Claimant in any transaction or litigation involving these of claims against the Title that are adverse to the Insured and to
rights and remedies. interpret and enforce the terms of this policy. In neither case
If a payment on account of a claim does not fully cover the loss shall the court or arbitrator apply its confl icts of law principles to
of the Insured Claimant,the Company shall defer the exercise determine the applicable law.
of its right to recover until after the Insured Claimant shall have (b) Choice of Forum: Any litigation or other proceeding brought by
recovered its loss. the Insured against the Company must be filed only in a state
(b) The Company's right of subrogation includes the rights of the or federal court within the United States of America or its
Insured to indemnities, guaranties,other policies of insurance, territories having appropriate jurisdicti on,
or bonds, notwithstanding any terms or conditions contained in 18. NOTICES,WHERE SENT
those instruments that address subrogation rights. Any notice of claim and any other notice or statement in writing
14. ARBITRATION required to be given to the Company under this policy must be given
Unless prohibited by applicable law,arbitration pursuant to the Title to the Company at First American Title Insurance Company,
Insurance Arbitration Rules of the American Arbitration Association Attn: Claims National Intake Center, 1 First American Way,
may be demanded if agreed to by both the Company and the Santa Ana,California 92707. Phone:888.632.1642
Insured at the time of a controversy or claim. Arbitrable matters may
Form 5011412(7-1-14) Page 5 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)