WALTER AND ESTELLE FREEZE
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STATUTORY
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ORLANDO. FLORIDA 5-11
O.R. '..L
J'..ROBERT A. FREEZE
Attorney at Law
LEGAL BUILDING
CLEARWATER, FLORIDA
ill4to lltlltlllurt. Made tills /~ t!1. day of Janua"v . A. D. 19 59 , Jldl\lttn
\\falter H. Freeze and Estelle B. Freeze, his wife,
of the county of Pi ne II as , State of F I or i da , part i es of the fust part, and
The City of Clearwater, Florida, a municipal corporation,
whose post office address is
of the County of Pine I I as, in the State of F I or i da , part y of the second part,
IfUnrsstt4, That the said part i e s of the fust part, for and in consideration of the sum of
---------------TEN-------_____________________________------~ollars,
and othergoQdand valuable considerations to the m in hand paid by said part y of the second part, the receipt
wnereofis herebyat::kmJwletlged, ha vegranted;---bargamecLand sold to the saidparty. ..ofthf}sec,ondpart, its
heirs and assigns forever, the following described land, situate, lying and being in' the Countyo( Pinel fas'
in the State of Florida, to-wit:
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The Northo~e-half (Ni) of the NonthWest
9uarter (NW4) of the SouthWest quarter
lswt) of Section twenty-two (22) Township
twenty-nine (29) South Range Fifteen (15)
East, Pinellas County, Florida
Subject to a II restr i ct ions and easements
of record.
This property Rhall be uRed for city park and recrnational
purposes onlv9 but in no event shall said property revert
to the Grantors for any violation of said restriction.
and the said part i e s of the first part do hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
3Jn DUtness 1f4tttnf. The said part i e 5
seals the day and year first above written.
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of the fust part have hereunto sett he i I'" hand 5 and
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(Seal)
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STATE OF PlORIDA
,cG('JtjWft'!'O~p I NE llAS
",\".~~:;~i~~R'tJ.!ly CERTIFY that on tills day bel...e me, an office>" duly qualified In lake acknowledgments,
t'c ...;pe...olJa!ly ~ed l~ a H:e" H. F "eeze and E ste II e B. F "eeze . his wife.
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,,~: to :me..known tp, b~ the person 5 described in and who executed the foregoing instrument and have
-,;:\ ~i1'owledjled--.be$'>r. me that t hey executed the same. /" /' M
~" -:;... ~" ..' B ~WT.N~~' my hand and official seal in the County and State last aforesaid this I' . (p
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day of
Notary Public, State of Florida at Large
My COlTlmiss:on EXj)ires Oct. 15, 1'';0-2
My commission expires: Bonded by American Surety Co. 01 N, Y.
Filed this
day of
o'clock
A. D. 19
, at
M., and Recorded in
Deed Book
at Page
. RECORD VERIFIED
Clerk Circuit Court,
BY:
County,
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,Nr o~~3c::. I. ' TUTB'LANX RE~ISTERE.O U.S.PAT.OFFICE
FOI1\1 22~ Florida SATISFACTION OF MORTGAGE. ~ t 12 It".r 0:\ Tuttle Law Prmr,Publtshers,Ruf/and, W':
:E383
That. WALTER H. FREI;Z,E and ESTELL.E B. FREEZE, husband and wife,
the hoJCi3rs
of a certain morttate tiven by CITY OFCL.EARWATER, FLOIUD\, a corporation
existing under the laws Qf the State of Florida,
to WALTER H. FREI;ZEand ESTELLE B. FREEZE, husband and wife,
bearin(lJdate the ,16th day of Januazy , .11. D. 1959 , recorded in
R'~Book 511 pate 45 in the office of the Clerk of the Circuit Court
of ,Plnellas, County, State of Florida: f!iven to secure the sum 01
SIXTY THOUSAND, SEVEN HUNDRED & FIFTY ($60,750.1)0) and OO/lOO-----Dollars,
evidenced by one certain note , upon the followin~ described'
property, situate, lyint and beint in Plnellas County, State of
Florida, to wit:
The N 1/2 of th~ NW 1/4 of SW 1/4 of Section 22
Township 29 South, Range 15 East, Pinellas
County I Plorida.
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have received full payment of said indebtedness, and do hereby acknowledte satis-
faction of said morttate., and hereby direct the Clerk of the said Circuit Court to
cancel the same of record.
Witness
.11. D. 19 60
our
hands and seals this
6th
day of June,
State of Florid~
County of PINEL LAS
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I HEREBY CERTIFY, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledtments,
WALT,ERH~-FREEZEand"ESTELI.EB.FREEZE/'husband and-wife', .
to me well known to be
the per.wns described in and who executed the fore~oint .<tatisfaction piece, and
they acknowledted before me that they executed the same for the
purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand ,and affixed my official
seal at Clearwater, , said County and State, this 6th
June, ,.11. D.1960. ,/\ /)// ' .
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No&ty Pu/blic '
My Commission Expires
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Notary Public, Stfc, of F~8rid3 ilt
My Commission 'eXpires ~:;Ci:", 2:Z, 1
Bvt;1ded by /\i'i~2:<:;:?,n Sur.:;'~:~' -~;j. 01 ~-l.
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January 16, 19S9
Received of H. H. Baskin, Jr., City Attorney for the
City of Clearwater, Abstract No. 12,OOS, covering
the N 1/2 of the NW 1/4 of the SW 1/4 of Sec. 22, Twp.
29. S. Range IS E., Pinellas County, Florida, prepared
by Pinellas County Title Company, Clearwater, Florida,
to be held until such time as the mortgage on said pro-
perty is retired.
Robert A. F ,
Attorney for Walter H.
and Estelle B. Freeze.
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AFFIDAVIT__OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared
WALTER H. FREEZE and ESTELLE 8. FREEZE, his wife, who, bein9 by
me first duly sworn, depose and say:
That they are the owners of the fol lowing described rea 1
property, lying and being in Pinel las County, Florida, to-wit:
The N 1/2 of the NW 1/4 of SW 1/4 of
Section 22, Township 29 South, Range
15 East, Pinel las County, Florida.
The purpose of this affidavit is to assure THE CITY OF
CLEARWATER, FLORIDA, a municipal corporation, who is purchasing
the above described property ~rom these affiants that there are no
existing liens nor is there any possibi lity of any liens accruing
against said property as a result of construction, remodeling, up-
keep and maintenance 01'" any other improvements to the pr~~y by
these affiants.
The word "liens" as used in this affidavit shal I mean any
and all arising under the operation of the Florida Mechanics' Lien
Law.
Dated th is I t, day of January, A. D. 19S9.
1It;~-g~
, a tel'" H. Freeze
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Estelle B. Freeze -
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STATE OF FLORIDA
COUNTY OF PINElLAS
HEREBY CERTIFY that on this day before me, an officer duly
_ _qu_al if i ed to take acknowledgments, personaLI yappeared \vA L TER H.. ~
FREEZE and ESTELLE B. FREEZE, his wife, to me known to be the
persons described in and who executed the foregoing instrument and
have acknowledged before me that they executed the same.
WITNESS my hand and official seal In the County and State
last aforesaid this~' day of January, A. D. 1959.
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Notary Pub I i C
Notary Public, StOlte of Florida at Large
My ,Commission Expires Oct. 16, 1962
.Bonded by American Surety Co. of N. Y.
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SubjeGt:
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Mr. "'K"'~'
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MEMO TO:
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cover.ng tM '....,.,'.i'":~..... ,.......... "..... pr''''
to "" r....."',,..,..,' ".,.., " ".,"',,,,',. :M,' ',.,',.~,.,..,' . -'.' J. ...,' ".... ..t,_t a.-4, ,f',"
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.f t_. \Ipoft ,... CI. ....1#:1.. tI'l. .., till I ,~rty a.., 1"-'
of tM City.'" ,.......... wU1 ...... .."" I"~ Int."" a. ......
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Att.
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FROM:
COPIES:
SUBJECT:
DATE:
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City Clerk
City Attorney
Property Purchase & Sale - Walter Freeze and wife
1/19/59
You will recall that we closed the purchase of the Freeze
property at the City Attorney's office on Friday, January
16, 1959, and you were present.
The deed in favor of 'ti;City-was-''deli ~ered to you and you
indicated you would cause same to be recorded before 5 PM.
I assume that this instrument will be returned directly
to you from the Clerk of the Circuit Court after it is re-
corded.
/
You took with you, also, the executed copy of "Affidavit
of No Liens". Attached please find one copy of Buyer's
Statement showing the closing of this transaction.
I have in my file the opinion of Ben Krentzman, former
City Attorney, showing the title of subject property to
be good and merchantable as revealed by the abstract. The
abstract has been delivered to Attorney Robert Freeze who
represents Walter H. Freeze and wife, whQ will continue
to hold the abstract until the purchase money mortgage
deed by the City to Mr. and Mrs. Freeze is retired.
Attached please find receipt for said abstract which I
have thi s date received from Mr. Free..... {[J.,R. iCU. 1//1,1 St:;. c ^ .J
This memorandum wIll con,sti 1:l1femy receipt "fOr Othe papers
herein referred to.
Your attention is called to the fact that the deed contained
a provision that the property should be used by the City for
park purposes only; however, an additional provision was
incorporated to the effect that violation of such restriction
would not in any way create a retractor or forfeiture of the
property. Since the contract for the purphase of this property
dated Nov. 17, 1958, did not contain any provision with regard
to such limitation, I have received the assurance of the sellers'
attorney, Robert A. Freeze, that this restriction will be removed
of record in the event City requests same. I intend to bring
this matter to the attention of the Commission and will act ac-
cordingly. Unless the Commission instructs me otherwise, I will
assume that the deed is satisfaotory in its present form, con-
taining said restriotion, and close this file.
Att.
BRB, Jr.
]be.
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Closing 'Statement .,a__'f!1' 16,
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Seller:___..<!I' -.awl\, _._
BuYer:~;.~,...
ProJlerty ~:
County__~l~.., City: 41a.....~
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BuYER'S COpy
a. PURCHASEPJUCE
"h. DOWN PAYMENT
c. MORT~AGES: a.-Assumed by Buyer
b.-Execu~ by Buyer
d. RENTS, pro-rated
, e. INTEREST, pro-rat~d
f. INSURANCE: Fire
'Other
VJleamed
Premium
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REAL ESTATE CONTRACT
THIS AGREmmNT made and entered into this J 7th day of
Nnvp-mber
, 19 58, between and e~ong:
WALTER FREEZE and ESTEL~ B FREEZE, his wife, herein-
after called Seller, and CI Y OF CLEARWATER, FLORIDA, a muni-
cipal corporation, hereinafter called Purchaser.
WITNESSETH: That in consideration of the mutual
promises and covenants herein contained, and other valuable
considerations passing between the parties hereto, the Seller
agrees to sell and the Purchaser agrees to buy the following
described property situate, lying and being in Pinellas CountYI
Florida:
S. 1/2 of NW l/LI- of SW 1/4 of Section 22, Town-
ship 29S, Range 15E
upon the following terms and conditions:
1. The total purchase price of said property shall be
the sum of 67,500.00
payable at the times and in the
manner following:
(A) $750.00 cash upon the execution of this contract.
(B) sp6,000.00 cash upon the closing of this transaction.
(C) By the execution and delivery by Purchaser to Seller at the
time of closin g of its promissory note in the sum of $60,750.00
payable in annual equal installments of $6,750.00 plus interest
on the amount from time to time unpaid at the rate of Four Per-
cent (4%) per annum, said note to contain prepayment privilege
without penalty and to be secured by a first mortgage on said
premises.
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2. The property shall be conveyed by warranty deed
and shall be free and clear of all encumbrances whatsoever,
none
except as follows:
3. The Seller agrees upon the execution of this agreement
to obtain a full and complete abstract of title certified to date
by a reputable abstract company as soon as possible and deliver the
same to the Purchaser for examination, and the Purchaser shall
have
30
days from receipt of said abstract to examine same or
cause it to be examined. If the abstract shows a good and mer-
chantable title, free and clear from liens and encumbrances, vested
in the Seller, except as herein otherwise provided, this trans-
action shall be thereupon completed as herein' provided. In the
event, however, that tha abstract does not reflect such a title,the
Seller shall have sixty days thereafter within which time to
correct or clear any liens, encumbrances or clouds that might
affect said title, and if the Seller fails, neglects or refuses to
clear said title within said time, then the money paid on this date
as a part of the purchase price shall be immediately returned to
the Purchaser and this transaction shall be thereupon terminated.
If, however, the abstract shows good and merchantable title in the
Seller as provided herein, and the Purchaser shall not have
objected to or demonstrated otherwise within the period of time
allowed for examination of the abstract, said title shall be deemed
to be acceptable to the Purchaser and should he fail, neglect or
refuse to make the balance of the payments, or to pay the balance
of the purchase price as above set forth, the said cash payment
made on this date may be retained by or delivered to the Se:l.J.er Cl_S
liquidated damages by reason of the Purchasers failure to complete
this agreement.
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(Use with Abstract)
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4.
Possession will be given
upon closing
and subject to the other provisions of this agreement, this
transaction shall be concluced on or before Dec. 30
~$ 192.
50 It is understood Rnd ag~eed by and between the
pa.rties hereto that the Seller shall pay all taxes through the
year 19~o Taxes and assessments for the current year and rents
and prepaid insurance, if eny, shall be pro_rated as of the day
of the closing of this saleo Seller agrees to place the necessary
documentary stamps on the deed and pay intangible tax on any
mortgage received as part of the consideration. Purchaser agrees
to place documentary stamps on any promissory notes executed.
6. The loss or damage of the premises by fire or other
casualty until the delivery of the deed is assumed by Seller.
70 Time is the essence of this agreement and all
covenants and agreements herein contained shall extend to and be
obligatory upon the hairs, executors, administrators and assigns
of the respective parties, The words "Seller" and "Purchaser"
herein employed shall be construed to include the plural as well
as the singular.
8. It is understood that Seller has done nothing to
obligate themselves or purchaser to pay a real estate commis-
sion in this transaction and that none is due or will be paid.
IN WITNESS WHEREOF we have hereunto set our respective
hands and seals the day and year hereinabove mentionedo
Signed, sealed and delivered
in e pr~~, ,e, , ,0, f:
SELL ' :
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Purchaser
Ac;lng City IvIanager
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Approved as to form
and correctness:
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---City Attorn
Attest:
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Counter signed:
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!"eWER OF ATTORNEY
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Manurs('tled and for Bale by The H. &: W. B. Drew Company
Jacksonville. Florida
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'owtr of Illornty
InIlW illl men By These 'resents
DREW'S FORM M 113
That WALTER H. FREEZE
ha s made. constituted and appointed. and by these presents do es make. constitute and ap-
point ROBERT A. FREEZE, true and
lawful attorney for him and in his name, place and stead to se II,
bargain,'and enter into any agreement for sale the following described
property, to wit:
The Nl of the NW~ of the SW~of Section twenty-two (22)
Township twenty-nine (29) South Range Fifteen (15) east,
Pinellas County, Florida.
with all the appurtena,nces andconditions thereof for
Total price of $67,500.00, with 10% down, and the balance to be
paid in Ten, annual installments, with 4% interest on the unpaid
balance.
giving and granting unto ROBERT A. FREEZE
said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be done in and about the premises as fully, to all intents and purposes. as he might or could do
if personally present, with full power of substilution and revocation. hereby ratifying and confirm-
ing all that ROBERT A. FREEZE,
said allorney or
His substitute shall lawfully do or cause to be done by virtue hereof.
In Uilntss lCJherttlf,
.
have hereunto se~
my
hand
and
seal
the
15
day of November,
)
. in the year one thousand nine
hundred and f i fty-e i ght.
m~l/I)k~(L. S.)
Jtalt tlf FLOR IDA
(tlllntg tlf PI NELLAS
Be Jtl\nt)wn, That on the 15 day of NOV EMBER,
thousand nine hundred and FIFTY -E I GHT . before mes BARBARA ALLRED
one
a
NOTARY PUBLI C
in and for the State of F LOR I OA
duly commissioned and sworn. dwelling in the CITY OF CLEARWATER, PINELLAS COUNTY,
personally came and appeared
WALTER H. FREEZE
to me personally
known, and known to me to be the same person described in and who executed the within power
of aftJ>>:ney" and who
qnd:_d~~,' ,
,~-.~.?ln,-lts!~JJ lttheretlf, I have hereunto subscribed my name a
acknowledged the within power of attorney to be
his
act
f;::~,i,~~~a~,an,d:;.y,,~_~o/tt above written.
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ffix~J ~eal of office
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Notary Pu~Ii~, Stilt f Florida at Cal'ge
My Commission Expires Oct. 16 1962
BQnded _bY American Surety, Co. of j'>J. Y..