THE SCHOOL BOARD OF PINELLAS COUNTY (2)WARRANTY DEED
(FROM CORPORATION)
Prepared by Retum to: (enclosed self-addressed stamped envelope)
EVELYN E. CARY
Pinellas Park Title Company
6075 Park Boulevard Suite B
Pinellas Park, FL33761-3451
Property Appraisers Parcel I.D. (Folio) Number(s):
09/29/15/32184/001/0010
File No.: 2019117
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019270276 08/22/2019 12:27 PM
OFF REC BK: 20665 PG: 509-510
DocType:DEED RECORDING: $18.50
SPACE ABOVE THIS LINE FOR RECORDING DATA
This Warranty Deed, Made and executed the Z ( day of August, 2019, by THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA, A/K/A SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA A/K/A THE
BOARD OF PUBLIC INSTRUCTION OF PINELLAS COUNTY, FLORIDA, SUCCESSOR IN INTEREST
OF THE TRUSTEES OF SUB -SCHOOL DISTRICT NUMBER TWO AND SPECIAL SCHOOL TAX
) DISTRICT NUMBER TWO and having its principal place of business at: P.O. BOX 2942, LARGO, FL
33779, hereinafter called the "Grantor', to THE CITY OF CLEARWATER, FLORIDA A FLORIDA
MUNICIPAL CORPORATION, whose post office address is: P.O. BOX 4748, CLEARWATER, FL 33758
/1.1ne , hereinafter called the "Grantee":
(Wherever used herein the terms 'grantor' and 'grantee include all the parties to
this instrument, and the heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations.)
WITNESSETH: That the Grantor, for and in consideration of the sum of One" Million Eight Hundred
Thousand Dollars and No Cents ($1,800,000.00) and other valuable Considerations, receipt whereof is
hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and
confirm unto the Grantee, all that certain land situate in Pinellas County, Florida, viz:
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, of J.A. Gorra's Subdivision, according to the plat thereof, recorded
in Plat Book 1, Page 44, of the Public Records of Pinellas County, Florida;
AND
Beginning at the Southeast (SE) corner of the intersection of Cedar Street and North Osceola Avenue in the
town of Clearwater, Pinellas County, Florida, run thence easterly along the South line of Cedar Street one
hundred (100) feet; thence Southerly on a line parallel to said North Osceola Avenue one hundred (100) feet;
thence Westerly on a line parallel to said Cedar Street one hundred (100) feet to said North Osceola Avenue;
thence northerly along the east line of Osceola Avenue, one hundred (100) feet to the point of beginning.
AND
Beginning at the Southwest corner of the intersection of Ft. Harrison Avenue and Cedar Street in the City of
Clearwater, Florida, es this intersection existed on the date of August 2, 1919, run thence South 15 deg. 52'
West along the Westerly line of Ft. Harrison Avenue 44.5 feet for P.O.B., thence South 15 deg. 52' West 55.5
feet, thence West parallel to the South line of Cedar Street 95 feet, thence North 15 deg. 52' East 55.5 feet,
thence East parallel to the South line of Cedar Street 95 feet to P.O.B., being a part of Government Lots Two
(2) and Three (3), in Section 9, Township 29 South, Range 15 East.
AND
A portion of Govt. Lots 2 and 3 in Section 9, Township 29 South, Range 15 East, County of Pinellas, State of
Florida being more particularly described as follows:
Begin at the S.W. corner of the intersection of Ft. Harrison Ave and Cedar Street in the City of Clearwater,
Florida, es this intersection existed on the date of August 22,1919 for P.O.B., thence South 15° 52' West along
the westerly boundary of Ft Harrison Avenue, 44.50 feet, thence West 95 feet; thence North 15° 52' East 44.50
feet to South line of Cedar Street, thence East, along said South line 95 feet to P.O.B.
AND
The West 65 feet of the following described tract of land:
Beginning ata point where the West line of Ft. Harrison Avenue intersects the South line of Cedar Street in
Clearwater, Florida; run thence West along the South line of Cedar Street 160 feet; thence Southerly parallel
to said Ft. Harrison Avenue 100 feet; thence East on a line parallel to the South line of said Cedar Street 160
feet to the West line of said Ft. Harrison Avenue; thence North along saki West line of Ft. Harrison Avenue
100 feet to the Point of Beginning, being a part of Government Lots 2 and 3, Section 9, Township 29 South,
Range 15 East, Pinellas County, Florida.
Subject To covenants, conditions, restrictions, reservations, limitations, easements and agreements of
record, if any; taxes and assessments for the year 2019 and subsequent years; and to all applicable
zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities, if any,
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee
simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances.
IN WITNESS WHEREOF, Grantor has caused these presents to be
(CORPORATE SEAL) executed in its name, and its corporate seal to be hereunto affixed, by its
proper officers thereunto duly authorized, the day and year first above
written.
SIGNED IN THE PRESENCE OK THE FOLLOWING WITNESSES
ATTEST:
Witness Signature:
Printed Name:aar
Witness Signature;
Printed Name:
Secretary
THE SCHOOL BOARD OF PINELLAS COUNTY
FLORIDAA/K/A SCHOOL BOARD OF PINELLAS
SIM—. COUNTY, FLORIDAA/K/ATHE BOARD OF PUBLIC
Andea
INSTRUCJ1ON OF PIELLAS COUNTY, FLORIDA
A^^',„ DIMD KOPEK KI
i^' SCHOOL BOA D ATTORNEY
State of Florida
County of Pinellas
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared DAVID KOPERSKI, (identified by driver license
(s), being duly sworn and) who did/did not take an oath well known to me to be the SCHOOL BOARD
ATTORNEY of THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA A/K/A SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA, A/K/A THE BOARD OF PUBLIC INSTRUCTION OF PINELLAS
COUNTY, FLORIDA, SUCCESSOR IN INTEREST OF THE TRUSTEES OF SUB -SCHOOL DISTRICT
NUMBER TWO AND SPECIAL SCHOOL TAX DISTRICT NUMBER TWO of the corporation named as
grantor in the foregoing deed, and that he/she/they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her/them
by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this r21 day of August, 2019
N tary Pub Ic Sign_ ure
P nted Name:
�.'.► KERRY L. MICHELOTTI
• Commission 1 GG 165331
Expires December 17, 2021
•:Eii: s °., • Bonded Ttru Troy Fain Insurance 80Q-3$5.7019
My Commission Expires: / # 1 7 - .ZQ A 1
(SEAL)
Oo
This Instrument Prepared by return to:
EVELYN E. CARY
Pinellas Park Title Company
6075 Park Boulevard Suite B
Pinellas Park, FL 33761-3451
as a necessary incident to the fulfillment of conditions
contained Inc title insurance commfiment issued by it.
Property Appraisers •Parcel I.D. (Folio) Number(s):
09/29/15/32184/001/0010
File No.: 2019117
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019270277 08/22/2019 12:27 PM
OFF REC BK: 20665 PG: 511-513
DocType:DEED RECORDING: $27.00
QUITCLAIM DEED
This Indenture, Made this i( day of August, 2019, by and between THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA A/K/A SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA A/K/A
THE BOARD OF PUBLIC INSTRUCTION OF PINELLAS COUNTY, FLORIDA SUCCESSOR IN
INTEREST OF THE TRUSTEES OF SUB -SCHOOL DISTRICT NUMBER TWO AND SPECIAL
SCHOOL TAX DISTRICT NUMBER TWO whose place of business is: P.O. BOX 2942, LARGO, FL
33779, hereinafter called the "Grantor", and THE CITY OF CLEARWATER, FLORIDA A FLORIDA
MUNICIPAL CORPORATION, whose address is: P.O. BOX 4748, CLEARWATER, FL 33758,
hereinafter called the "Grantee".
WITNESSETH: That said Grantor, for and in consideration of the sum of
7
and other valuable considerations, lawful money of
the United States of America, to Grantor in hand paid by the Grantee, the receipt whereof is hereby
acknowledged, has remised, released and quitclaimed to the Grantee, Grantee's heirs and assigns
forever, alt the rights, title, interest and claim of the Grantor in and to the following described land in
Pinellas County, Florida, to wit
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, of J.A. Gorra's Subdivision, according to the plat thereof, recorded
in Plat Book 1, Page 44, of the Public Records of Pinellas County, Florida;
AND
Beginning at the Southeast (SE) corner of the intersection of Cedar Street and North Osceola Avenue in the
town of Clearwater, Pinellas County, Florida, run thence easterly along the South line of Cedar Street one
hundred (100) feet; thence Southerly on a line parallel to said North Osceola Avenue one hundred (100) feet;
thence Westerly on a line parallel to said Cedar Street one hundred (100) feet to said North Osceola Avenue;
thence northerly along the east line of Osceola Avenue, one hundred (100) feet to the point of beginning.
AND
Beginning at the Southwest corner of the intersection of Ft. Harrison Avenue and Cedar Street in the City of
Clearwater, Florida, as this intersection existed on the date of August 2, 1919, run thence South 15 deg. 52'
West along the Westerly line of Ft. Harrison Avenue 44.5 feet for P.O.B., thence South 15 deg. 52' West 55.5
feet, thence West parallel to the South line of Cedar Street 95 feet, thence North 15 deg. 52' East 55.5 feet,
thence East parallel to the South line of Cedar Street 95 feet to P.O.B., being a part of Government Lots Two
(2) and Three (3), in Section 9, Township 29 South, Range 15 East.
AND
A portion of Govt. Lots 2 and 3 in Section 9, Township 29 South, Range 15 East, County of Pinellas, State of
Florida being more particularly described as follows:
Begin at the S.W. corner of the intersection of Ft Harrison Ave and Cedar Street in the City of Clearwater,
Florida, as this intersection existed on the date of August 22,1919 for P.O.B., thence South 15° 52' West along
the westerly boundary of Ft Harrison Avenue, 44.50 feet, thence West 95 feet; thence North 15° 52' East 44.50
feet to South line of Cedar Street, thence East, along said South line 95 feet to P.O.B.
AND
The West 65 feet of the following described tract of land:
Beginning at a point where the West line of Pit. Harrison Avenue intersects the South line of Cedar Street in
Clearwater, Florida; run thence West along the South line of Cedar Street 160 feet; thence Southerly parallel
to said Ft Harrison Avenue 100 feet; thence East on a line parallel to the South line of said Cedar Street 160
feet to the West line of said Ft. Harrison Avenue; thence North along said West line of Ft. Harrison Avenue
100 feet to the Point of Beginning, being a part of Government Lots 2 and 3, Section 9, Township 29 South,
Range 15 East, Pinellas County, Florida.
To Have and to Hold, the above described premises, with the appurtenances, unto Grantee, Grantee's
heirs and assigns forever.
(Wherever used herein the terms 'Grantor and 'Grantee` included all the parties to this insimment and the heirs, legal
representetnes and assigns of the indMMiduals, and the successors and assigns of GRANTOR)
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year
first above written.
SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES
TWO SEPARATE DISINTERESTED WITNESSES REQUIRED
ATTEST
Witness Signature:
Printed Name:
Witness Signature'
Printed Name: OPE
SCHOOL BOAR
Secretary
airba- Ansa')
THE SCHOOL BOARD OF PINELLAS COUNTY,
FLORIDAA/K/A SCHOOL BOARD OF PINELLAS
LINTY, FLORIDAA/KIATHE BOARD OF PUBLIC
INSTRUCTION OF PINFLLAS COUNTY, FLORIDA
ept
44n./
TTORNEY
State of Florida
County of Pinellas
The foregoing instrument was acknowledged before me this 62/ clay of August, 2019 by DAVID
KOPERSKI as SCHOOL BOARD ATTORNEY of THE SCHOOL BOARD OF PINELLAS COUNTY,
FLORIDA A/K/A SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA A/K/A THE BOARD OF PUBLIC
INSTRUCTION OF PINELLAS COUNTY, FLORIDA, SUCCESSOR IN INTEREST OF THE TRUSTEES
OF SUB -SCHOOL NUMBER TWO AND SPECIAL SCHOOL TAX DISTRICT NUMBER TWO on behalf of
GRANTOR. He/She is personally known to me or has produced driver license(s) as identification.s,rt
My Commission Expires: 102 -/7- pC 7 �/ 2
/
otary PulpJic Signature
rinted Name:
(SEAL)
EXHIBIT "A"'LEGAL, DESCRIPTION
DESCRIPTION:
A PARCEL OF LAND LYING 1N SECTION 9, TOWNSHIP. 29 SOUTH, RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA, INCLUDING LOTS 1, 2, 3, 4, 5, 6, 7 AND 8, BLOCK 1, OF J.A. GORRA'S
SUBDMSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 44. OF
THE PUBLIC • RECORDS OF PINELLAS COUNTY, FLORIDA AND THOSE CERTAIN PARCELS OF LAND
DESCRIBED IN THE TITLE COMMITMENT PREPARED .BY OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY, FOR THE CITY OF CLEARWATER, COMMITMENT NUMBER 2019117, COMMITMENT DATE
MARCH 20, 2019, AND LANDS LYING WESTERLY OF THE ABOVE DESCRIBED PARCELS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF -LOT 4, BLOCK 1, OF SAID J.A. GORRA'S SUBDMSION;
THENCE N89'59'58"W, ALONG THE SOUTH LINE OF -BLOCK. 1, A DISTANCE OF 244.70 FEET TO
THE SOUTHWEST CORNER OF LOT 5, BLOCK 1, OF SAID J.A. GORRA'S SUBDMSION; THENCE
N12'42'5811E, -ALONG THE WEST UNE OF SAID LOT 5, BLOCK 1, A DISTANCE OF 18.53 FEET;
THENCE DEPARTING SAID. WEST UNE, N06`49'31"E, A DISTANCE OF 29.50 I -L .J; THENCE
N10'37'10"E, A DISTANCE OF 45.45 FEET; •THENCE N14'01'371E, A DISTANCE OF 255.07 FEET
TO THE WESTERLY EXTENSION OF THE NORTH UNE OF PARCEL 1, AS DESCRIBED IN SAID TITLE
COMMITMENT; THENCE 589'56'18"E, ALONG SAID WESTERLY EXTENSION AND THE NORTH LINES
OF SAID PARCEL 1 AND SAID PARCEL 4, RESPECTIVELY, A DISTANCE OF 263.33 t- Lti TO THE
NORTHEAST CORNER OF SAID PARCEL 4 AND SAID PARCEL 3; THENCE S15'52'00"W, ALONG
THE EAST LINES OF SAID PARCELS OF LAND AND THE EAST UNE OF SAID BLOCK 1, A
DISTANCE or 352.67 FEET TO THE POINT OF BEGINNING.
CONTAINING 87,089 SQUARE FEET, (1.999 ACRES) MORE OR LESS
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
Policy Number OXFL-08798829 File Number: 2019117
Issued by Old Republic National 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, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida 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 governmental 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 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.
In Witness Whereof, OLD REPUBLIC NATIONAL 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.
Policy Issuer:
Countersigned: PINELLAS PARK TITLE COMPANY
6075 PARK BLVD. SUITE B
PINELLAS PARK, FL 33781
PHONE: (727) 541-7716
Authorized Officer or Licensed Agent
ORT Form 4309 R
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
By
Attest
President
Secretary
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
(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.
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 governmental 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 governmental 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) created, suffered, assumed, or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage 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.
Page 2
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) 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,
(2) if the grantee wholly owns the named Insured,
(3) 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
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.
(j) "Title": The estate or interest described in Schedule A.
(k) "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
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications)
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
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 loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is refected 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.
Page 3
CONDITIONS (con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to 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 furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) 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:
(a) 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 contin-
ue any litigation.
(b) 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
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
policy. In addition, the Company will pay 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; 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.
Page 4
CONDITIONS (con't)
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
Unless prohibited by applicable law, arbitration pursuant tothe 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.
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
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.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine 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 deter-
mine the applicable law.
(b) 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 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499, Phone: 612-371-1111.
Page 5
Name and Address of Title Insurance Company:
SCHEDULE A
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401
File No.: 2019117 Policy No.: O-OXFL-08798829
Amount of Insurance: $1,800,000.00
Address Reference: 900 N FT. HARRISON Ave., CLEARWATER, FL 33755
Premium: $0.00 Date of Policy: August 22, 2019 at 12:27 PM
1. Name of Insured:
THE CITY OF CLEARWATER, FLORIDA A FLORIDA MUNICIPAL CORPORATION
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 FLORIDA MUNICIPAL CORPORATION
4. The Land referred to in this policy is described as follows:
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, of J.A. Gorra's Subdivision, according to the plat thereof, recorded in Plat Book 1,
Page 44, of the Public Records of Pinellas County, Florida;
AND
Beginning at the Southeast (SE) corner of the intersection of Cedar Street and North Osceola Avenue in the town of
Clearwater, Pinellas County, Florida, run thence easterly along the South line of Cedar Street one hundred (100) feet;
thence Southerly on a line parallel to said North Osceola Avenue one hundred (100) feet; thence Westerly on a line parallel
to said Cedar Street one hundred (100) feet to said North -Osceola Avenue; thence northerly along the east line of Osceola
Avenue, one hundred (100) feet to the point of beginning.
AND
Beginning at the Southwest corner of the intersection of Ft. Harrison Avenue and Cedar Street in the City of Clearwater,
Florida, as this intersection existed on the date of August 2, 1919, run thence South 15 deg. 52' West along the Westerly line
of Ft. Harrison Avenue 44.5 feet for P.O.B., thence South 15 deg. 52' West 55.5 feet, thence West parallel to the South line of
Cedar Street 95 feet, thence North 15 deg. 52' East 55.5 feet, thence East parallel to the South line of Cedar Street 95 feet to
P.O.B., being a part of Government Lots Two (2) and Three (3), in Section 9, Township 29 South, Range 15 East.
AND
Old Republic National Title Insurance Company
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 prohibited. Reprinted under license from the American Land Title Association.
Schedule A File No. 2019117
ALTA OWNER'S POLICY (6/17/06) WITH FLORIDA MODIFICATIONS
Page 1 of 2
A portion of Govt. Lots 2 and 3 in Section 9, Township 29 South, Range 15 East, County of Pinellas, State of Florida being
more particularly described as follows:
Begin at the S.W. corner of the intersection of Ft. Harrison Ave and Cedar Street in the City of Clearwater, Florida, as this
intersection existed on the date of August 22, 1919 for P.O.B., thence South 15° 52' West along the westerly boundary of Ft.
Harrison Avenue, 44.50 feet, thence West 95 feet; thence North 15° 52' East 44.50 feet to South line of Cedar Street, thence
East, along said South line 95 feet to P.O.B.
AND
The West 65 feet of the following described tract of land:
Beginning at a point where the West line of Ft. Harrison Avenue intersects the South line of Cedar Street in Clearwater,
Florida; ruu thence West along the South line of Cedar Street 160 feet; thence Southerly parallel to said Ft. Harrison
Avenue 100 feet; thence East on a line parallel to the South line of said Cedar Street 160 feet to the West line of said Ft.
Harrison Avenue; thence North along said West line of Ft. Harrison Avenue 100 feet to the Point of Beginning, being a part
of Government Lots 2 and 3, Section 9, Township 29 South, Range 15 East, Pinellas County, Florida.
For Company Reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the property is:
900 N FT. HARRISON Ave., CLEARWATER, FL 33755
County: Pinellas
PIN/Tax:
The Company does not represent or insure the above address is accurate.
Old Republic National Title Insurance Company
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 prohibited. Reprinted under license from the American Land Title Association.
Schedule A File No. 2019117
ALTA OWNER'S POLICY (6/17/06) WITH FLORIDA MODIFICATIONS
Page 2 of 2
File No.: 2019117
SCHEDULE B
Policy No.: O-OXFL-08798829
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. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not
shown by the public records.
5. 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.
6. Taxes for the year 2019 and subsequent years, which are not yet due and payable.
7. Rights of tenants and/or parties in possession, and any parties claiming, by through or under said tenants or
parties in possession, as to any unrecorded leases or rental agreements.
8. All right, title and interest of The School Board of Pinellas County, Florida, a body corporate of the State of Florida, in that
certain Deed to the City of Clearwater recorded in Official Records Book , Page , Public Records of Pinellas
County, Florida, in an undivided three-fourths interest in, and title in and to an undivided three-fourths interest in, all the
phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the
petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same, which interest may
have been reserved under Section 270.11, Florida Statute. Notwithstanding the ALTA 9-06, or similar Endorsement attached
hereto, the coverages contained therein do not extend to this exception. NOTE: This exception will be deleted upon
compliance with Item 4(a)(iv) on Schedule B -I.
Exceptions numbered 1-5,7, 8 are hereby deleted from the Owner's Policy.
Old Republic National Title Insurance Company
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 prohibited. Reprinted under license from the American Land Title Association.
Schedule B - File No. 2019117
ALTA OWNER'S POLICY (6/17/06) WITH FLORIDA MODIFICATIONS
Page 1 of 1
♦jr.k'l 4;'4
Endorsement
EP
Attached to Policy Number 0 —OX FL -08798829
Issued By OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
The Company insures the Insured herein against loss or damage by virtue of any inaccuracy in the following statement, to -wit:
ALL PARCELS ARE CONTIGUOUS ALONG THEIR COMMON BOUNDARIES WITHOUT GAPS, GORES, OVERLAPS, OR
Rh IVA X ZX Z X at thalegg Izzigsz61:404 3ad earagix zx zxz af*a leptclintatOMMEMPlicANZ MIzDZI*> Vt#iregxzxzx HIATUSE
Pa met xatzxzzxz1Mega Mel VAr akBrIzalfa t?{c3:4PfsBaRB gin4 ItaZ051411g414.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of anV prior endorsements thereto. Except
to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the
effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.
PINELLAS PARK TITLE CO.
Countersigned:
A61/111 -
Authorized Officer or Agent
ORT Form 3570
Florida Contiguity Endorsement (1-7-91)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
By
Z -7110/k
President
Attest --w4 Secretary