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WALTER AND ESTELLE FREEZE ,) ,'" I..) > it>;" { PRINTED BY LAWYERS' TITLE GtJ~RANrl-. FUND. 1 ~'iOO. arrant~' c Jrrd 5392USA 1.0'w ~ STATUTORY - 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: ~, '.k 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. ~~:~1} .. .} of the fust part have hereunto sett he i I'" hand 5 and ifi.~ h'~ ~ 'i~ .J I;..' ..,.... . eal) . . '/P'p <Iff, i!!:;~eal) (Seal) ( Seal) 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. ~''-':;, \>'0 i I..~' . 'f... : \~ ..t:)". I~ ~ : ,,~: to :me..known tp, b~ the person 5 described in and who executed the foregoing instrument and have -,;:\ ~i1'owledjled--.be$'>r. me that t hey executed the same. /" /' M ~" -:;... ~" ..' B ~WT.N~~' my hand and official seal in the County and State last aforesaid this I' . (p "":.$~H:I;a~y'\ ..' 19 5 q . !'i ,",'. ,., ".' ..,.) ., . '. 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, PAGE --~ 43 ~. :"'-~ ~ ~:. .. -- , \.", c~ <.n o Vi -r:l -,. """"- ,..- t, \ ....j,. - (0:-) (..'1 ~ /, .,>-0 ,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. ) "~' \ \' b:::J", :;- P"i P;g ~);::, -~C:j ~~: ~;5 ~~:::? - (I:) en o l_ c: 2: ,.... ,J::. Edr~ -,~" ,~..- s~ ~~; .0 ;20 g;~ ~J:> :<2 -"- w o --.s 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 } \ 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. ,/\ /)// ' . (I rr ~~ '. /~/ .J No&ty Pu/blic ' My Commission Expires , t' 'I ( ~ ;:,' , I t -/ ) \_ (' .' I. \.), ' . 'I", 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. -:!' I , 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. " " I I 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 ~ .?$. .:-7 /Z.eL~ Estelle B. Freeze - .. I I 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. --.:: - - ....... -- ~ . . -. ".. '~.-~ ::. %~ 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. A.............. .,:..:.' .,'.............. ~ - '.. ." ,~. .- ~------...- ~ ". - -'. '\...': ...... - - " -""'.. .... -".- ~, -~/" .- ~ ::. - ~,,',' ... ~ ...... ..:.. ~ , , JanUllf'Y ,... "" ,...: top'.': SubjeGt: c. ,y' At..... Mr. "'K"'~' city cl.rk ~ "'\IlI_lM'~I,!..Cl!;".u..r''''' MEMO TO: At___ .. ...tnet ..S,'.....poI ... ,,-.I'" c.ntV Tltl. c.. cover.ng tM '....,.,'.i'":~..... ,.......... "..... pr'''' to "" r....."',,..,..,' ".,.., " ".,"',,,,',. :M,' ',.,',.~,.,..,' . -'.' J. ...,' ".... ..t,_t a.-4, ,f'," . ..... ....~.:f'I,~. t. lie _tM ,. ...h.' K. ,-.... ut.". I. ,.....11I...... ..J-t ..." " "-'. c-tV ...,.,C"y ta" for "II.'" , '....1101 ..., ,In -f,..... ..u.....t 1...I..t. - u...ld CIty -. .., the YH" 1,1$ ""'... .j.....,..... tIIlt the City he. .. ....... .f t_. \Ipoft ,... CI. ....1#:1.. tI'l. .., till I ,~rty a.., 1"-' of tM City.'" ,.......... wU1 ...... .."" I"~ Int."" a. ...... , ,,"",' 'rlor '0 J~," .......,.... ...,.., ,..r. ,reo. and MYe DIlly -,Iy _I_I' ..... hl_. ..... .loe ..lay In gattl'" h to y.-... Att. -- ,-' -"'~.: TO: FROM: COPIES: SUBJECT: DATE: ie,,, " I /~d3 !CI~~ep~!en~tr~~~ ~~~R 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. ,:. --),',. ",,' """/' "W '.; .:,"...;., ,,' .' i',:"'?:liii}' " .......!' " , \ROiB11lRT, 'A.:PUE", ' ~~"Lra, " ,;,fi:!~iR-~BlDA rh:~~~L '''', Closing 'Statement .,a__'f!1' 16, " Seller:___..<!I' -.awl\, _._ BuYer:~;.~,... ProJlerty ~: County__~l~.., City: 41a.....~ '-1., i" es;",Ptio,...,........:!:- ..,~ '=It.. '. 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 UDe~ ~iuDl !.. " ! I I 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. ., - ,. I J 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. -2- (Use with Abstract) - ..4 " I I 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 ' : .' ,-" Ld~ (SEAL) J ~--/h ~//--- 12?l1iA~..'L ~~ ( SEAL) (SEAL) ( SEAL) Purchaser Ac;lng City IvIanager -3- I", __ < .r. I Approved as to form and correctness: ~~ ---City Attorn Attest: I Counter signed: ~, "'l..,,~ !"eWER OF ATTORNEY ~ I ~ Manurs('tled and for Bale by The H. &: W. B. Drew Company Jacksonville. Florida I '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. -' - - , . . - - . - . - ' -~ ffix~J ~eal of office _h__~') Notary Pu~Ii~, Stilt f Florida at Cal'ge My Commission Expires Oct. 16 1962 BQnded _bY American Surety, Co. of j'>J. Y..