COMMUNITY REDEVELOPMENT AGENCY AND CITY OF CLEARWATERPrepared By: Mikell L. St. Germain
RECORD & RETURN TO:
SOMERS TITLE COMPANY
1290 Court Street
Clearwater, FL 33756
(727) 441-1088 phone
incidental to the issuance of a title insurance policy.
File Number: 2105026C
Parcel ID #: 15/29/15/54450/011/0010
WARRANTY DEED
This WARRANTY DEED, dated 06/30/2021 by
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2021217643 07/01/2021 09:27 AM
OFF REC BK: 21607 PG: 2233-2234
DocType:DEED RECORDING: $18.50
Community Redevelopment Agency of the City of Clearwater, Florida, a public body corporate and
politic of the State of Florida
whose post office address is:
P.O. Box 4748, Clearwater, FI 33758-4748
hereinafter called the GRANTOR, to
City of Clearwater, Florida, a municipal corporation
whose post office address is:
P.O. Box 4748, Clearwater, FI 33758-4748
hereinafter called the GRANTEE:
(Wherever used herein the terms "Grantor" and "Grantee" include all 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 $10.00 and other valuable
considerations, receipt whereof is hereby acloaowledged, hereby grants, bargains, sells, aliens, remises, releases,
conveys and confirms unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz:
Parcel Number 15/29/15/54450/011/0010
A part of Lots 1, 2, 9 and 10, Block "11", Magnolia Park, as recorded in Plat Book 3, Page 43 of the
Public Records of Pinellas County, Florida, described as follows:
From the Southwest corner of said Block "11", run thence East, 15.0 ft; thence run N 0 deg. 42'00"W,
parallel with and 15.0 ft. East of the East right of way line of East Avenue, 129.0 ft. for the Point of
Beginning; thence continue N 0 deg. 42'00'W, along said line, 185.40 ft. to the South right of way line of
Franklin Street, also being the North line of said Block "11"; thence S 89 deg. 58'00" E, along said North
line of Block "11", 63.68 ft.; thence S. 0 deg. 15'12"W, 185.16 ft.; thence S 89 deg. 49'30"W, 60.60 ft. to
the Point of Beginning.
Property is exempt from Documentary Stamps per Florida Administration Code Section 12B4.014 (10)
•
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record,
if any; taxes and assessments for the year 2021 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 except as above noted, 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.
IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above.
SIGNED IN THE PRESENC OF THE FOLLOWING WITNESSES:
`-�
Witness Sign:
Print Name:
Witness Sign:
Print Name: NI OA
State of Florida
County of Pinellas
Community Redevelopment Agency of
the City of Clearwater, Florida
.-a
eVD i Ac
THE FOREGOING INSTRUMENT was sworn and acknowledged before me by means of [x ] physical
presence or [ ] online notarization, on 06/3.9 /2021 by: Michael Delk, Acting Director, on behalf of
Community Redevelopment Agency of the City of Clearwater, Florida, a public body corporate and
politic of the State of Florida who has produced a drivers license as identification.
Notary Seal/Expiration Date
Scott Burrows
COMMISSION # GG261179
•
• EXPIRES: October 1, 2022
Bonded lbw Aaron Notary
CHICAGO TITLE
INSURANCE COMPANY
Policy No.: 6097-1-2105026c-2021.7430609-224183813
OWNER'S POLICY OF TITLE INSURANCE
Issued by
CHICAGO TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a 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.
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 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
7430609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) 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.
Page 1 of 6
.111.101.
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly
authorized officers.
Countersi
By:
Aut . r' ed Officer or Ag
Ronald E. Somers
Somers Title Company
1290 Court St
Clearwater, FL 33756-5003
Te1:727-441-1088
Fax:727-449-1359
By:
Attest:
CHICAGO TITLE INSURANCE COMPANY
(0114,--7-
>t9
Randy R. Quirk
President
Marjorie Nemzura
Secretary
7430609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) 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.
Page 2 of 6
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;
(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.
7430609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) 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.
Page 3 of 6
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 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 rejected as Unmarketable Title. If
the Company is prejudiced by the failure of the Insured
Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the
amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Insured Claimant
furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against
by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the
amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the defense of an Insured in litigation in which
any third party asserts a claim covered by this policy adverse
to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice
(subject to the right of the Insured to object for reasonable
cause) to represent the Insured as to those stated causes of
action. It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this
policy.
(b)The Company shall have the right, in addition to the
options contained in Section 7 of these Conditions, at its own
cost, to institute and prosecute any action or proceeding or to
7430609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) 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.
Page 4 of 6
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.
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 Toss 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 continue 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 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
Toss 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.
7430609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) 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.
Page 5 of 6
(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 Toss 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.
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 to
the Title Insurance Arbitration Rules of the American
Arbitration Association may be demanded if agreed to by both
the Company and the Insured at the time of a controversy or
claim. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the
Insured arising out of or relating to this policy, and service of
the Company in connection with its issuance or the breach of a
policy provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the Insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The
award may include attorneys' fees only if the laws of the state
in which the Land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules. A copy of the Rules
may be obtained from the Company upon request.
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 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 determine 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 CHICAGO TITLE INSURANCE
COMPANY, Attn: Claims Department, P.O. Box 45023,
Jacksonville, FL 32232-5023.
7430609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) 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.
Page 6 of 6
CHICAGO TITLE
INSURANCE COMPANY
SCHEDULE A
Name and Address of Title Insurance Company: Somers Title Company 1290 Court Street, Clearwater,
Florida 33756
File No.:2105026C
Policy No.:7430609-224183813
Address Reference:701 Franklin St., Clearwater, Florida 33756
(For information only)
Amount of Insurance: $525,000.00
Premium: $2,700.00
Date of Policy: July 1, 2021 at 09:27 AM.
1. Name of Insured: City of Clearwater, Florida, a municipal corporation
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title is vested in:
Warranty Deed executed by Community Redevelopment Agency of the City of Clearwater, Florida, a
public body corporate and politic of the State of Florida to City of Clearwater, Florida, a municipal
corporation dated June 30, 2021, filed July 1, 2021, in Official Records Book 21607, Page 2233, of
the Public Records of Pinellas County, Florida, conveying said property described herein.
4. The Land referred to in this policy is described as follows:
A part of Lots 1, 2, 9 and 10, Block "11", Magnolia Park, as recorded in Plat Book 3, Page 43 of the
Public Records of Pinellas County, Florida, described as follows:
From the Southwest corner of said Block "11", run thence East, 15.0 ft; thence run N 0 deg. 42'00"W,
parallel with and 15.0 ft. East of the East right of way line of East Avenue, 129.0 ft. for the Point of
Beginning; thence continue N 0 deg. 42'00'W, along said line, 185.40 ft. to the South right of way line
of Franklin Street, also being the North line of said Block "11"; thence S 89 deg. 58'00" E, along said
North line of Block "11", 63.68 ft.; thence S. 0 deg. 15'12"W, 185.16 ft.; thence S 89 deg. 49'30"W,
60.60 ft. to the Point of Beginning.
ALTA Owner's Policy (6/17/06)
2730706 1 of 4 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title
Association
AMERICAN
LAND TITLE
CHICAGO TITLE
INSURANCE COMPANY
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE
AND TO PROVIDE ASSISTANCE IS 1-800-669-7450
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
ALTA Owner's Policy (6/17/06)
2730706 2 of 4 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title
Association
AMERICAN
CHICAGO TITLE
INSURANCE COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
1. Taxes and assessments for the year 2021 and subsequent years, which are not yet due and
payable.
2. Easements, claims of easements, boundary line disputes, overlaps, encroachments or other
matters not shown by the public records which would be disclosed by an accurate survey of
the land.
3. Rights or claims of parties in possession not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Taxes or assessments which are not shown as existing liens in the public records.
6. Any claim that any portion of the insured land is sovereign lands of the State of Florida,
including submerged, filled or artificially exposed lands accreted to such land.
7. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or
port authority for unpaid service charges for service by any water, sewer or gas system
supplying the insured land.
8. Policy does not insure against loss or damage arising as the result of unpaid charges for
public utilities furnished by any county, municipality or public service corporation which
may be or may become a lien upon the land insured hereby under any provision of the
Florida Statutes, including Section 159.17 and/or any county, municipal or special taxing
district assessment, including those levied under provisions of Chapter 190, Florida
Statutes.
The following items are hereby deleted: 3, 4
ALTA Owner's Policy (6/17/06)
2730706 3 of 4 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title
Association
AMERICAN
LAND 'mu
CHICAGO TITLE
INSURANCE COMPANY
9. Easements, reservations, restrictions and other matters shown or stated on plat
recorded in Plat Book 3, page 43 of the Public Records of Pinellas County, Florida, but
omitting any based on race, color, religion, sex, handicap, familial status or national origin
unless only to the extent that the covenant, condition or restriction (a) is exempt under
Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate
against handicapped persons.
10. Easement recited in O.R. Book 9333, Page 652 of the Public Records of Pinellas County,
Florida.
11. Easement for ingress and egress as recited in Deed recorded in O.R. Book 9333, Page
669 of the Public Records of Pinellas County, Florida and Partial Easement Termination and
Release between Botanica Day Spa Company, a Florida corporation to the City of
Clearwater, recorded June 27, 2019 in O.R. Book 20594, Page 2486 of the Public Records
of Pinellas County, Florida.
ALTA Owner's Policy (6/17/06)
2730706 4 of 4 (with Florida Modifications)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title
Association
AAMERICAN
ND TITLE