TRIANGLE OLD BAY HOLDINGS, LLC
"
....; ~. ~
"-
~o j. 3
~
l:reedom TItle AgenCY,
1465 S. Fort Hamson Ave
Sutte 102
Clearwater, Fl 33756
~e:' 07- 3C~<D.s
Prepared by and Rettlrft te:
E,O, Armstrong, III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
P.O, Box 1368
Clearwater, Florida 33757-1368
Telephone: 727-461-1818
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2007273434 08/16/2007 at 02:35 PM
OFF REC BK: 15938 PG: 1743-1745
DocType:DEED RECORDING: $27.00
STATUTORY WARRANTY DEED
THIS INDENTURE, is made on August 14+11, 2007, between TRIANGLE S.A.
LAND, LLC n/k/a TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability
company ("Grantor"), whose post office address is 305 N. Fort Harrison Avenue,
Clearwater, FL 33755, and THE CITY OF CLEARWATER, FLORIDA, a municipal
corporation ("Grantee"), whose post office address is P. O. Box 4748, Clearwater, FL
33758.
W! I N E SSE I H:
Grantor, for and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency
of which are hereby acknowledged, has granted, bargained and sold to Grantee, and
Grantee's heirs, successors and assigns forever, the following described land, situated
in Pinellas County, Florida:
See Exhibit "A" attached hereto and incorporated herein.
SUBJECT to applicable land use and zoning restrictions and
to easements, reservations and restrictions of record, if any,
which are specifically not reimposed or extended hereby,
and to taxes for the year 2007 and subsequent years.
Grantor does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever.
--
....
~
The tax parcel number for the aforedescribed property is 09-29-15-00000-430-1190
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the
day and year first above written,
Signed, sealed and delivered
in the presence of:
TRIANGLE S.A. LAND, LLC, n/kla
TRIANGLE OLD BAY HOLDINGS,
LLC, a Florida limited liability company
By: Triangle Property Holdings, LLC,
a Florida lim' d liability compa ,as it's
Managin mber
/~ r/61 /7JL'
i Signature ~
&r fla. L. Ct( 1Il0 f)'~Y('
Print name '
(~1";J'4@.
S1~nature
f'Jr..<UlIl A ~GLr ~er
Print name
.:-'-;'~~~~ Gina L. Canopari
~~'-A"y:: Commission' 00492001
~}~~ Expires January 26, 2010
'f.if,~~ _r"",... _I" 1lO(I.385-7018
#412348 v1 -
2
, .
'>
~. .
.
Exhibit "A"
Legal Description
A portion of Lots 1,2,3,4,5,6 and 7 of A.B. & JENNIE CATES SUBDIVISION, as recorded
in Plat Book 1, Page 64, of the Public Records of Pinellas County, Florida and the vacated
alleys per O.R. Book 7270, Page 1731, Public Records of Pinellas County, Florida and a
portion of the drainage and utility easement recorded in O.R. Book 7519, Page 329, Public
Records of Pine lias County, Florida and a Portion ofthe Ingress-Egress Easement recorded in
O.R. Book 7540, Page 275, Public Records of Pinellas County Florida, and a portion of
government Lot 4 in Section 9, Township 29 South, Range 15 East and a portion of Lots A and
B of BERGENS REPLAT, as recorded in Plat Book 26, Page 41 of the Public Records of
Pinellas County, Florida and a portion of a vacated alley per O.R. Book 7546, Page 607, of the
Public Records of PiDellas County, Florida, and a portion of Lot 3, Block 2 of JONES
SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR, as recorded
in Plat Book 1, Page 13, of the Public Records of Hillsborough County of which Pinellas
County was formerly a part, all being more particularly described a's follows:
Commence at the Northeast corner of said Lot 1 of JENNIE CATES SUBDIVISION, also
being the intersection of the Southerly right-of-way line of Georgia Street and the Westerly
right-of-way line of North Fort Harrison Avenue; thence along the Southerly right-of-way line
of Georgia Street S. 88040' 45" W., 100.02 feet to the Point of Beginning; thence S. 00016' 19"
E., 528.34 feet, along a line 100.00 feet West of and parallel with the Westerly right-of-way line
of North Fort Harrison Avenue; Thence along the Northerly Right-of-Way line of Jones Street,
S. 89059' 22"W., 50.00 feet; thence N. 00016' 19" W., 527.20 feet; thence along said Southerly
right-of-way line of Georgia Street, N. 880 40' 45" E., 50.01 feet to the Point of Beginning.
Parcel ID No. 09-29-15-00000-430-1100
...Q\AiP',t.)~...~oilicy
Americ~h'L~6~fitleAssociation Owner's Policy 10-17-92
withJlorida modifications
Policy Number SOC 7 64040
...**
* ~~
* *
1f ·
"*
*...*
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A. the policy to be valid when
countersigned by an authorized officer or agent of the Company.
Issued through the Office of:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
'. /)j~~
AuthOrized Signatory
By President
Secretary
ORT Fonn 331 ALTA Owner's Policy 10-17-92
with Florida modifications
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which may arise by reason of:
1. (a) A~y law, ordinance or governmental regulation (including but
not limited/to building and zoning laws, ordinances, or regulations)
restricting.,! regulating, prohibiting or relating to (i) the occupancy, use,
or enjoY~ent of the land; (ii) the character, dimensions or location of
any impr vement now or hereafter erected on the land; (iii) a
separatio in ownership or a change in the dimensions or area of the
land or aby parcel of which the land is or was a part; or (iv)
environme~tal protection, or the effect of any violation of these laws,
ordinances dr governmental regulations, except to the extent that a
notice of the ~Qforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any goverl'lmental police power not excluded by (a) above,
except to the extent ',hat a notice of the exercise thereof or a notice
of a defect, lien or entumbrance resulting from a violation or alleged
,
violation affecting the l'Qndhasbeen recorded in the public-records at
Date of Policy. \
2. Rights of eminent dO~\lin unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(al created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured.claimant prior to
the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or creating subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the
insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(a) the transaction creating the estate or interest insured by thiS'
policy being deemed a fraudulent conveyance or fraudulent transfer, or
(b) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for
value or a judgment of lien creditor.
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in this policy mean:
(al "insured": the insured named in Schedule A. and, subject to
any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named
insured by operation of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(cl "knowledge" or "known": actual knowledge, not
constructive knowledge or notice which may be imputed, to ael insured,
by reason of the public records as defined in this policy or any other
records which impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A. and
improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A. nor any
right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the
land is insured by this policy.
(el "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
knowledge. With respect to Section 1 (a)(iv) of the Exclusions from
Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located.
(gl "unmarketabilityof the title", an aHeged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of
marketable title.
2. Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from the insured, or
only so long as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in
the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest, as
insured, and INhichmight_causelos.s OJ damage Jor which the
Cornpany may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt
notice shall not be given to the Company, then as to the insured all
liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant to
Cooperate.
(a) Upon written request by the insured and subject to the
options contained in Section 6 of these Conditions and Stipulations,
the Company, at its own cost and without unreasonable delay, shall
provide for the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject
to the right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of action and shall
~ .,. ,- . -," "- .
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own cost, to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest, as 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 hereunder, and shall not thereby concede liability or
waive any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name 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 any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain to the
loss or damage. Further, if requested by any authorized representative
of the Company, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit
for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim.
6. Options to Payor Otherwise Settle Claims; Termination of
Liability.
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)(i) or (ii), the Company's obligations to
the insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Determination, Extent of Liability.
This policy is a contract of indemnity against actual monetary
loss or damage sustained or incurred by the insured claimant who
has suffered loss or damage by reason of matters insured against by
this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not
exceed the least of:
(i) the Amount of Insurance stated in Schedule A. or,
(ii) the difference between the value of the insured estate
or interest as insured and the value of the insured estate or interest
subject to the defect, lien or encumbrance insured against by this
policy.
(b) The company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of the Conditions and
Stipulations.
8. Apportionment.
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of the parcels but not all, the loss shall be
-
computed and settled on a pro rata basis as if the amount of
insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this policy.
9. Limitation of 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 unmarketability of title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination
by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any
insured for liability voluntarily assumed by the insured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Insurance; Reduction or Termination of Liability.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the
insurance pro tanto.
11. Liability Non-cumulative.
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may pay
under any policy insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed, assumed, or taken
subject, or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in
Schedule A. and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. Payment of Loss.
(a) No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be
furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this policy
not been issued. If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The insured claimant shall 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 or remedies.
~ 11 ..c.,.. ...
If a payment on account of a claim does not fully cover the loss
of the insured claimant, the Company shall be subrogated to these
rights and remedies in the proportion which the Company's payment
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, in
that event, shall be required to pay only that part of any losses
insured against by the policy which shall exceed the amount, if any,
lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-Insured Obligors.
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. Arbitration.
Unless prohibited by applicable law, arbitration pursuant to
the Title Insurance Arbitration Rules of the American Arbitration
Association may be demanded if agreed to by both the Company
and the insured. 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, any 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.
15. Liabililty Limited to this Policy; Policy Entire Contract.
(a) This policy together with all endorsements, if any, attached
hereto by the Company is the entire policy and contract between the
insured and the Company. In interpreting any provision of this policy,
this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. Severability.
In the event any provision of the policy is held invalid or
unenforceable under applicable law, the policy shall be deemed not to
include that provision and all other provisions shall remain in full
force and effect.
17 Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at its home office,
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
.....
Exhibit" A"
Legal Description
A portion of Lots 1,2,3,4,5,6 and 7 of A.B. & JENNIE CATES SUBDIVISION, as recorded
in Plat Book 1, Page 64, of the Public Records of Pinellas County, Florida and the vacated
alleys per O.R. Book 7270, Page 1731, Public Records of Pinellas County, Florida and a
portion of the drainage and utility easement recorded in O.R. Book 7519, Page 329, Public
Records of Pine lias County, Florida and a Portion of the Ingress-Egress Easement recorded in
O.R. Book 7540, Page 275, Public Records of Pinellas County Florida, and a portion of
government Lot 4 in Section 9, Township 29 South, Range 15 East and a portion of Lots A and
B of BERGENS REPLAT, as recorded in Plat Book 26, Page 41 of the Public Records of
Pinellas County, Florida and a portion of a vacated alley per O.R. Book 7546, Page 607, of the
Public Records of Pinellas County, Florida, and a portion of Lot 3, Block 2 of JONES
SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR, as recorded
in Plat Book 1, Page 13, of the Public Records of Hillsborough County of which Pinellas
County was formerly a part, all being more particularly described a's follows:
Commence at the Northeast corner of said Lot 1 of JENNIE CATES SUBDIVISION, also
being the intersection of the Southerly right-of-way line of Georgia Street and the Westerly
right-of-way line of North Fort Harrison Avenue; thence along the Southerly right-of-way line
of Georgia Street S. 88040' 45" W., 100.02 feet to the Point of Beginning; thence S. 000 16' 19"
E., 528.34 feet, along a line 100.00 feet West of and parallel with the Westerly right-of-way line
of North Fort Harrison Avenue; Thence along the Northerly Right-of-Way line of Jones Street,
S. 89059' 22"W., 50.00 feet; thence N. 00016' 19" W., 527.20 feet; thence along said Southerly
right-of-way line of Georgia Street, N. 88040' 45" E., 50.01 feet to the Point of Beginning.
Parcel ID No. 09-29-15-00000-430-1100
Old Republic
National Title Insurance Company
SCHEDULE B
File Number: 07-3086S
Policy No.: SDC 764040
This policy does not insure against loss or damage by reason of the following:
1. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
2. Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of
record.
3. Rights and claims of parties in possession.
4. Easements or claims of easements not shown by the public records.
ITEMS NUMBERED 1, 2, 3 & 4 ABOVE ARE HEREBY DELETED
5. General or special taxes and/or assessments required to be paid in the year 2007 and subsequent years.
6. Any lien arising under Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges for service by any water system, sewer system or gas system servicing the lands
described herein.
7. 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.
8. Notice recorded in O.R. Book 7640, Page 420, ofthe Public Records of Pine lIas County, Florida.
9. Ingress-Egress Easement, as described in O.R. Book 7540 Page 275, of the Public Records of Pine lIas
County, Florida.
10. Ordinance No. 7769-07, as described in O.R. Book 15654, Page 202, ofthe Public Records of Pine lIas
County, Florida
11. Lands lie within various county special assessment districts and municipal taxing districts and are subj ect
to liens for any unpaid special assessments by virtue of the ordinances and resolutions creating these
districts. The special assessments are payable with the ad valorem taxes.
This Policy is invalid unless the cover sheet, any exhibits referenced and Schedule A are attached.
, . , .
ENDORSEMENT
ISSUED BY
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Issuing Office File No. 07-30868
Attached to Policy No. SDC 764040
The above referenced Policy is hereby amended as follows:
Schedule B, Items 9 and 10 are hereby deleted.
This Endorsement is made a part of the Policy and is subject to all of the terms and
provisions thereof and of any prior endorsements thereto. Except to the extent 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.
This endorsement shall not be valid or binding unless signed by either a duly authorized
officer or agent of the Company.
Issue Date: September 11, 2007
ATLAS CREST, INC.
D/B/A FREEDOM TITLE AGENCY
Bf- ~:R-J,
"'-1\.uthonz ignatory
.'
Old Republic
National Title Insurance Company
SCHEDULE A
File Number: 07-3086S
Policy Number SDC 764040
Amount $400,000.00
1. Policy Date:
August 16,2007 @ 2:35 pm
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
THE CITY OF CLEARWATER, FLORIDA, a municipal corporation
3. The land referred to in this policy is situated in the County of PINEL LAS, State of Florida, and is described as
follows:
SEE ATTACHED LEGAL DESCRIPTION
This Policy is invalid unless the cover sheet, any exhibits referenced and Schedule B are
attached.
ATLAS CREST, INC.
D/BI A FREEDOM TITLE AGENCY
1465 St. Ft. Harrison Ave., Suite 102
Clearwater, FL 33756
~ (7:E~+
Authorized 19natory
A. SETTLEMENT STATEMENT
u.s. Department of Housing
and Urljan Development
~
1r
.~ .!
B. Type of Loan
1. - FHA 2. - RHS 3. - Cony. Unlns. 8. Fils Numbsr 7. Loan Numbsr 8. Mortgags Insurancs Cass Numbsr
4. - VA 5. - Cony. Ins.
07-30865
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked (P.O.C.) were paid outside the closing; they are shown here for information purposes and are not included in the totals.
D. Name and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender
The City of Clearwater, Florida Triangle Old Bay Holdings, LLC
G. Property Location H. Settlement Agent
ATLAS CREST. INC. dba FREEDOM TITLE AGENCY
Vacant Land at 410 N Osceola Ave
Clearwater. FL 33755 Place of Settlement I. Settlement
1465 S. Fort Harrison Avenue Date
5u1te 102 08/14/07
Clearwater, FL 33756
J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION:
100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller
101. Contract sales price 401. Contract sales price
102. Personal cropertv 402. Personal property
103. Settlement charges to borrower (line 1400) 403.
104. 404.
105. 405.
Adiustments for items paid by seller in advance Adiustments for items Daid bv seller in advance
106. City/town taxes to 406. City/town taxes to
107. CountY taxes to 407. County taxes to
108. Assessments to 408. Assessments to
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER 420. GROSS AMOUNT DUE TO SELLER
200. Amounts Paid By or In Behalf of Borrower 500. Reductions In Amount Due To Seller
201. Deposit or earnest money 501. Excess Deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 14(0) 21,706.50
203. Existing loan(s) taken subiect to 503. Existina loan(s) taken subiect to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgaae loan
206. 506.2007 Tax Escrow 10#09-29.15-00000'430-1100 5,580.92
207. 507.
208. 508.
209. 509.
Adiustments for items unpaid bY seller Adiustments for items unDaid bv seller
210. City/town taxes to 510. City/town taxes to
211. County taxes to 511. County taxes to
212. Assessments to 512. Assessments to
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218, 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELLER 27.287.42
300. Cash At Settlement From or To Borrower 600. Cash At Settlement To or From Seller
301. Gross amount due from borrower (line 120) 601. Gross amount due to seller (line 420)
302. Less amounts paid by/for borrower (line 220) 602. Less reduction amount due seller (line 520) 27.287.42
303. CASH FROM BORROWER 603. CASH FROM SELLER 27,287.42
OMB Approval No. 2502..Q265
(expires 11130/2009)
..
OA-14-2007 at 11 :23 AM
form HUD-1 (31ap) ref Handbook 4305.2
U.S~ JiEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SEITLEMENT STATEMENT
PAGE 2
L. SETTLEMENT CHARGES: FILE #: 07.30865 PAID FROM PAID FROM
700. TOTAL SALES/BROKER'S COMMISSION based on price $ @ = BORROWER'S SELLER'S
Division of commission Cline 700) as follows: FUNDS AT FUNDS AT
701. $ to SETTLEMENT SETTLEMENT
702. $ to
703. Commission paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C.
801. Loan Origination Fee %
802. Loan Discount %
803. Aopraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
806. Mtg. Ins. Application Fee to
807. Assumption Fee to
808.
809.
810.
81L
812.
813.
814.
815.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from to @$ /day Days
902. Mortgage Insurance Premium for to
903. Hazard Insurance Premium for yrs to
904.
905.
1000. RESERVES DEPOSITED WITH LENDER FOR
1001. Hazard Insurance mo.@$ /mo.
1002. Mortaage Insurance mO.@$ /mo.
1003. Citv prooerty taxes mo.@$ /mo.
1004. Countv oroperty taxes mo.@$ /mo.
1005. Annual Assessments mo.@$ /mo.
1006. mo.@$ /mo.
1007. mo.@$ /mo.
1008.
1100. TITLE CHARGES
1101. Settlement or closing fee to Freedom Title Agency 345.00
1102. Abstract or title search to Old Republic Title Company 100.00
1103. Title examination to Freedom Title Agency 85.00
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to
(includes above items No: )
1108. Title insurance to Freedom Title Agency 2.075.00
(includes above items No: )
1109. Lender's coveraae $
1110. Owner's coverage $ .--
111L
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees Deed $ 28.00; Mortgage $ Releases $ 0.00 28.00
1202. City/county/stamps Deed $ Mortgage $
1203. State tax/stamos Deed $ Mortgage $
1204. Intangible Tax Deed $ Mortgage $
1205. Releases/Handling
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest insoectlon to
1303. Record Prt Release & Sprd Agmt Clerk of the Circuit Court 78.00
1304. Mrtg Rcrd Doc Stlnps & Intg Tx Clerk of the Circuit Court 7.562.50
1305. Title Pnn & Ends Mercantile Macfarlane Ferguson & McMullen 4,153.00
1306. Title Pram for OP TO Triangle Macfarlane Ferguson & McMullen 2,075.00
1307. Ends to Existing MP Mercantile Macfarlane Ferguson & McMullen 880.00
1308. Addi ti ona 1 Charges *** See Attached Addendum *** 4.325.00
1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K) 21. 706 . 50
IN THE EVENT A RE-PRORATlON OF THE TAXES IS NECESSARY WHEN THE TAX BILLS FOR 2000 ARE PREPARED, THE PARTIES AG
BETWEEN THEMSELVES. I have carefully reviewed the HUD-l Settlement Statement and to the belt of my knowledge and belief, It I
of all receipt I and dlebursemen e on my account 0 me In this transaction. I further certily that I have received a copy 0
Triangle 0 ay Holdings, LLC, a orlda
er
BY: BY
Buyer/Borrower
edgs, the HUD-' Settlement Statement which I have prepared Is a true and accurate accou t
underslgnsd as part of the 8Bttlemsnt of thle tranlactlon.
I Ir
t a ~.
G: It II a crime to knowingly make 'alse stalements 10 the United Slal88 on Ihls or any othsr similar for
nR.14-2007 at 11:23 AM
form HUD-l (3/86) ref Handbook 4305.2
_I,. \
HUD PAGE 2 ADDENDUM
Prepared ~ .
ATLAS CREST, INC. dba FR EDOM TITLE AGENCY
1465 S. Fort Harrison Avenue
Suite 102
Clearwater, FL 33756
727/447-7772
SELLER(S): .............. Triangle Old Bay Holdings, LLC
PURCHASER(S): ...... The City of Clearwater, Florida
PROPERTY: ............. Vacant Land at 410 N Osceola Ave, Clearwater, FL 33755
FILE #: ..................... 07-30865
SETTLEMENT DATE: 08/14/07
Borrower Seller
ITEMS PAYABLE IN CONNECTION WITH LOAN
816.
817.
818.
819.
TOTALS
TITLE CHARGES
1114.
1115.
1116.
1117.
1118.
1119.
1120.
1121-
TOTALS
ADDITIONAL SETTLEMENT CHARGES
1309. lender's Atty Fees Macfarlane Ferguson & McMullen 3,500.00
1310. Title Search for OP 2 Triangle Macfarlane Ferguson & McMullen 575.00
1311. Attorney Costs Macfarlane Ferguson & McMullen 250.00
1312.
1313.
TOTALS 4,325.00
08-14-2007 al 11 :23 AM
.r
.......... .................... ...-..................................... ....., ........... ,",.. ..... .............,.
SELLER(S): .............. Triangle Old Bay Holdings, LLC
PURCHASER(S):...... The City ot Clearwater, Florida
PROPERTY: ............. Vacant Land at 410 N Osceola Ave, Clearwater, FL 33755
FILE #: ..................... 07-30865
SETTLEMENT DATE: 08/14/07
PRORATION DATE: 08/14/07
L;;:';;;;;;;;;;.;;-:.;;';.;...;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.....".......................
..............................
......................
..................
. . . . . . . . . . . . . . . . .
..................
......,..........
...... ............................
...................................
. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......".................... ......
. ................ .
. . . . . . . . . . . . . . . . . , . . .
....................
.....................
..................,.
. .............. .
;::;:';:::;;:;;:;:;:;:;:;:::::;:~
CREDITS
CHARGES
CASH DUE TO PURCHASERS:.......................................... 0.00
============= =============
TOTALS: ...............................................................................
0.00
0.00
L;;;;;:;:;:';;;':;:';';::;:;:;;;;;::;;:;;.
"............-...............
:...;.:...:.......:.:.;.:.:.:.;.:.:.:.;.:.:.:-:.:.:.:.:.
.........-.-........... .
..... .................
...............,.............
.............................
............................ .
.--...........-........ .
.... :;:;:~
IN THE EVENT A RE-PRORATION OF THE TAXES IS NECESSARY WHEN THE TAX BILLS FOR 2007
ARE PREPARED, THE PARTIES AGREE TO HANDLE SAID RE-PRORATION
BETWEEN THEMSELVES.
The City ot Clearwater, Florida, a municipal
corporation
BY:
08-14-2007 at 11:23 AM
.
..
SELLER(S): .............. Triangle Old Bay Holdings, LLC
PURCHASER(S):...... The City of Clearwater, Florida
PROPERTY: ............. Vacant Land at 410 N Osceola Ave, Clearwater, FL 33755
FILE #: ..................... 07~3086S
1>:::::::<
. . . . . . . . . . , . . . . . . . .
...................
", ......................................
Settlement Fee: ....................................................................
Abstract Fee: .......................................................................
Title examination: .................................................................
Owner's Policy Amount: .....................................................
Record Prt Release & Sprd Agmt: ....................................
Mrtg Rcrd Doc Stmps & Intg Tx:.......................................
Title Prm & Ends Mercantile: ...........................................
Title Prem for OP TO Triangle: ..........................................
Ends to Existing MP Mercantile: .......................................
Lender's Atty Fees: .............................................................
Title Search for OP 2 Triangle: ..........................................
Attorney Costs: ...................................................................
2007 Tax Escrow 10#09-29-15-0??oo-430.1100:................
Record Deed:............................................ ............................
CASH DUE FROM SELLERS:.............................................
TOTALS: ...............................................................;...............
SETTLEMENT DATE: 08/14/07
PRORATION DATE: 08/14/07
....................
....................
.....................
..................
... ......... ...
..............................,.......
.:.;.:.:.:.;.;.:.:.:.:.:.:.: ......
.:.:,,::::::::::::::::,:,:,:,',:,:~
CREDITS
CHARGES
Freedom Title Agency
Old Republic Title Company
Freedom Trtle Agency
Freedom Title Agency
Clerk of the Circuit Court
Clerk of the Circuit Court
Macfarlane Ferguson & McMullen
Macfarlane Ferguson & McMullan
Macfarlane Ferguson & McMullen
Macfarlane Ferguson & McMullen
Macfarlane Ferguson & McMullen
Macfarlane Ferguson & McMullen
Plnellas County Tax Collector's Office
Clerk of Circuit Court
345.00
100.00
85.00
2,075.00
78.00
7,562.50
4,153.00
2,075.00
880.00
3,500.00
575.00
250.00
5,580.92
28.00
.27,287.42
------------- -------------
------------- -------------
0.00
0.00
L:::: ",:::::,:::::",::':::::::::"';'::':':':
............ ......... :.... :......:./.. :"':':..:: ":"'. :......:.:.:..:.:.::::...:::::::::;:::;:;:::;:;:;:;:::;::::::::::.:.:.::::::: .
.... ..... ::::::::::.::::::::;:::::;:;.:.:.::;:::;::::.;.:-:.:.:::-::;.:.:.:. ....
...::::~
IN THE EVENT A RE-PRORATION OF THE TAXES IS NECESSARY WHEN THE TAX BILLS FOR 2007
ARE PREPARED, THE PARTIES AGREE TO HANDLE SAID RE-PRORATION BETWEEN THEMSELVES.
08-14-2007 at 11 :23 AM
BY: