AW AND EVA SMITH
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O.R. 1778 PAGE194
1.1.68058
CITY NO. ___!?~W_-=-_~______________
_-R!'~-w_.s..tJ;".~~_tJ2l"_Qj~~J,_________
------------------------------------
------------------------------------
SPECIAL WARRANTY DEED
THIS INDENTURE made this ___~_~~J:!___ day of ---___AJ,l..g1J_s.t_~----------------, A. D. 19u~~,
between ----~.JL_WALLER-S.M~T_H.aJJ,d_.EY.A_W~..sMITH..-husband..and_wif.e..,--------___
, ,
._----------------------------------------~-----_.--------------------------------------------------
.--------------------------------------------------------------------------------------------------
as parL~~~_ of the first part and the CITY OF CLEARWATER, a municipal corporation, as party of the
second part.
WITNESSETH, That the said part_i~_IL of the first part, for and in consideration of the sum of
One Dollar and other valuable considerations, paid, receipt of which is hereby acknowledged, do_____
hereby grant, bargain, sell, and convey unto the party of the second part, its successors and assigns, the
following described land, situate, lying and being in the County of Pinellas, State of Florida, to-wit:
--
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Par.t of Lot 1, Block 7, Gould and Ewing's First Addition, according
toftl.ap or plat thereof as recorded in Plat Book l'..tpage 52 of. the
.__~i91ic Records of Hillsborough County, F10r~da, "of 'which Pinellas
-,:....; q.ou.nty was formerly a part, lying within the North 35. 0 feet of
. Section 16, Township 29 S, Range 15 E;
Being the following metes and bounds description:
Begin at the NE corner of Section 16, Township 29 S, Range 15 E;
run thence S 880 58t 40" W, along the North line of said Section
16, 734.49 Feet; thence S 30 06' 40" W, 20.05 Feet, for a P.O. B.;
fuence-S 880 58t 4U'1W-;-T45';U8~eet; thence S 1-0 2-71 3511 E, along
the East R/W line of North Garden Avenue, 15.0 Feet; thence N
'880 58'- 40" E, 143.87 Feet; thence N 30 061 40''E along the Westerly
R/W line of Atlantic Coast- Line Railroadi -15.04 Feet to the F..O. B.
Containing 2167 square feet, more or less.
This Deed is for Right of Way purposes only.
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I O,R. 1778, PAGE196
Drew Street Project
DR W - 8
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PARTIAL RELEASE OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, A. WALLER SMITH and EVA W. SMITH, husband and wife,
by Indenture of Mortgage dated January 2, 1959, and recorded in Official Record
498, page 473, granted and conveyed unto OTIS E. PRUITT and assigns the premises
therein particularly described, to secure the payment of money and interest thereon
as therein mentioned, which Mortgage was subsequently assigned to OTIS E. PRUITT,
JR. and dated June 13, 1960, and recorded in Official Record 925, page 400; and
WH EREAS, Mortgagors have requested said Mortgagee to release the
premises hereinafter described, being part of said mortgaged premises, from the
lien and operation of said Mortgage;
NOW, THEREFORE, KNOW YE, that the said OTIS E. PRUITT, JR.,
in consideration of the premises and of the sum of One Dollar to him in hand
paid by said Mortgagors, the receipt of which is hereby acknowledged, to be
applied toward payment of said Mortgage debt, does remise, release, quitclaim,
exonerate and discharge from the lien and operation of said Mortgage all that
parcel or tract of land being a part of the premises conveyed by said Mortgage,
to-wit:
Part of Lot 1, Block 7, Gould and Ewing's First Addition, according
to map or plat thereof as recorded in Plat Book 1, page 52 of the
Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part, lying within the North 35. 0 feet of
Section 16, Township 29 S, Range 15 E;
Being the following me.t.e..s andbQunds.-description:
Begin at the NE corner of Section 16, Township 29 S, Range 15 E;
run thence S 880 58' 40" W, along the North line of said Section
16, 734,49 Feet; thence S 30 06' 40" W, 20.05 Feet, for a P. O. B. ;
thence S 880 581 40" W, 145.08 Feet; thence S 10 27' 35'1 E, along
the East R/W line of North Garden Avenue, 15.0 Feet; thence N
880 58' 40" E, 143.87 Feet; thence N 30 06' 40" E along the Westerly
R/W line of Atlantic Coast Line Railroad, 15.04 Feet to the P. O. B.
Containing 2167 square feet, r.nore or less.
TO HAVE AND TO HOLD the same, with appurtenances, unto the said A.
WALLER SMITH and EVA W. SMITH, husband and wife, and assigns forever,
freed, exonerated and discharged of and from the lien of said Mortgage, and every
part thereof; provided, always, nevertheless, that nothing herein contained shall
in anywise impair, alter or diminish the effect, lien or encumbrance of the afore-
said Mortgage on the remaining part of said rights and remedies of the holders
thereof.
IN WITNESS WHEREOF, the said OTIS E. PRUITT, JR. has hereunto
set his hand and seal this the..5-llJ day of ~"e~"e,.t. , 1963.
~1#=
o . . Pruitt r-.
(SEAL)
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O.R. 1778 PAGE197
GEORGIA
STATE OF=F....~
FULTON
COUNTY OF~~
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I HEREBY CERTIFY, that before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared OTIS E.
PRUITT, JR., personally known to me to be the individual named in and who
executed the foregoing instrument, and he acknowledged before me that he
executed said instrument.
#.. IN WITN~~ ~El.~OF, I have hereunto set my hand an. d seal this
.5 ~'day of ef~' ,1963.
~~ry~l;~~_)>-<~
My Commission E~ires:
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Drew Streit Project
DR W - 8
CITY OF CLEARWATER
CITY HALL - P.O. BOX 1348
CLEARWATER, FLORIDA
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before mej the undersigned authority, personally appeared
A.WALLER SMITH and EVA W. SMITH..husgand and wife,
",--
who, being first duly sworn, depose
and say
1.
That
they are
the ov.ni.er of the following described property in Pinellas County, Florida,
to-wit:
Part of Lot 1, Block 7, Gould and Ewing's First Addition, according to map
or plat thereof as recorded in Plat Book 1, page 52 of the Public Records of
Hi.llsborough County, Florida, of which Pinellas County was formerly a part,
lYIng within the North 35.0 feet of Section 16, Township 29 S, Range 15 E;
Being the following metes and bounds description:
Be8in at the NE corner of Section 16, Township 29 S, Range 15 E; run thence S
88 58' 40" W, along the North line of said Section 166 734.49 Feet; thence S
30 06140" W, 20.05 Feet, for a P. O. B. ; thence S 88 58' 40" W, 145.08 Feet;
thence S 10 27' 35" E, along the East R/W line of North Garden Avenue, 15.0
Feet; thence N 880 581 40" E, 143.87 Feet; thence N 30 061 40" E along the
Westerly R/W line of Atlantic Coast Line Railroad, 15.04 Feet to the P. O. B.
Containing 2167 square feet, more or less.
2. That said property is now in possessi6n of the record
owner s
3. That there has been no labor performed or materials furnish-
ed on said property within the past ninety (90) days for which there are
unpaid bills for labor or materials against said property.
4. That there are no liens or encumbrances of any nature af-
fecting the title to the property hereinbefore described.
5. That it is hereby warranted that no notice has been received
of any public hearing regarding assessments for improvements by any gov-
ernment within the past ninety (90) days, and it is hereby warranted that
there are no unpaid assessments against the above property for improve-
ments thereto by any government, whether or not said assessments appear
of record.
6. That the representations embraced herein
c~.__gfj'Ild'l!-c~ing~_ .~....._ -----thp.-Flain- f":itycnf-C":lp;'l 'r",;:l-tp'r- 1<:'JQ'ri.d ~__
to purchase the above described property. '
are for the purpose
swo:r:n. ,to a.nd SU.b.scribe~before
~e..tJns .:k-J- day of ~,
. "L.. ;~.~~. /,"'-. 4
"':3d; --~<,.ot '
~',1J;tar;~c - ~
- NotaryP",?tlc; s~ of FlorIda at Large
M~ CommiSSion ExPires June 24 1966
Bonded by American Surety Co. ';f N. Y.
I~~LN.~
Eva W. Smith
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/s~.l1er,Smith
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E.B.CASLER
L.Y.DOUGlLAS
.JAMES A.BAXTER
CASLER, DOUGLAS & BAXTER
ATTORNEYS AT LAW
DAVEY- McMUL.L.EN BUIL.DING
CLEARWATER,FLORJOA
33517
September 18, 1963
PHONE 446-0359
P. L>. BOX 517
City of Clearwater
Clearwater, Florida
~~.
ATTN: Mr. Herbert M. Brown, City Attorney
Gentlemen:
In connection with the City's offer to purchase from
A. Waller Smith and Eva W. Smith, his wife, a portion of
Lot 1 in BloCk 7 of Gould and Ewing's First Addition to
Clearwater, we wish to advise that we represented Otis E.
Pruitt, a former owner, at the time he purchased the property.
Also, we represented the Smiths at the time they purchased,
and, in addition, represented the Bank of Clearwater at the
time it took a mortgage on this property. Thus, we have
examined the abstract of title on three occasions, same being
identified as No. 2574, compiled by Pinellas Title Company,
consisting of 49 pages and last certified to May 25, 1960.
We have now CheCked the records at Pinellas Title Company as
to instruments recorded subsequent to May 25, 1960, and based
on our examination we are of the opinion that a good and mer-
chantable title to said Lot 1 is now vested in A. WALLER SMITH
and EVA W. SMITH, husband and wife, by deed dated January 2,
1959, and recorded in O.R. 498, on page 466, of the Public
Records of Pinellas County, subject only to the following:
1. Any statement of facts which would be disclosed
by an accurate survey of the property.
2. Liens accruing by virtue of unpaid bills or
charges, if any, for labor performed on or
materials furniShed to said property within the
90 days last past.
3. Mortgage dated January 2, 1959, from Smiths to
Otis E. Pruitt and recorded in O.R. 498, on
page 473, Pinellas County Records. This mort-
gage was by instrument dated June 13, 1960,
assigned by the executor of the estate of Otis
E. Pruitt, deceased, to otis E. Pruitt, Jr.,
1
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:f"to
Ci ty of Clearwater
Mr. Herbert M. Brown, City Attorney
who is the present record owner of said mort-
gage. Said assignment is recorded in O.R. 925,
on page 400, Pine lIas County records.
4. 1963 taxes became a lien on said property as of
January 1, 1963, although not payable un~il
November 1, 1963.
Very truly yours,
CASLER, DOUGLAS & BAXTER
By: ttl ~7~
LYD:mew
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[ITY ~f [lIARWATIR
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ROBEl L. "BOB" WEATHERLY. MAYOR
COM MISSION ERS
CLEVELAND INSCO. JR.
AMOS G. SMITH HERBERT FIELDS
JOE TURNER. SR.
POST OFFICE BOX 1348
JAMES R. STEWART. CITY MANAGER
HERBERT M. BROWN. CITY ATTORNEY
OWEN S. ALLBRITTON 111. MUNICIPAL JUDGE
R. G. WHITEHEAD. CITY CLERK
(}lea'twatE-'t, 9fo'tida
September 9, 1963
Mr. A. Waller Smith
525 N. Hillcrest Drive
Clearwater, Florida
RE: DR W - 8
Purchase of Right of Way for DrewStreet Project.
The N 15 feet of Lot 1, Block 7 Gould and Ewing's
Fir st Addition to Clearwater.
Dear Mr. Smith:
We confirm that the City of Clearwater hereby offers to purchase from you
and Mrs. Eva W. Smith, the owners of record, that part of Lot 1, Block
7 of Gould and Ewing's First Addition to Clearwater as the same is more
particularly described in the survey dated November 11, 1960, by N. J.
Rompon, Registered Surveyor, at and for the total sum of $10,450, which
consideration shall be inclusive of all costs, subject to the following con-
ditions:
1. The owner shall convey title to the City of Clearwater by good
and sufficient Warranty Deed free of liens and encumbrances except as to
the certain mortgage from the owner to Otis E. Pruitt (deceased) dated
January 2, 1959, filed January 2, 1959 and recorded in Official Record
498, page 473; and the owner shall furnish the City of Clearwater with a
Partial Release of Mortgag~ to the herein described property properly
executed by Otis E. Pruitt, Jr., assignee of such mortgage, said assign-
ment having been dated June 13, 1960, filed June 13, 1960 and recorded
in Official Record 925, page 400.
2. The owner shall deliver to the City the abstract of title to the
subj ect pr operty for examination and return, bll ~ t.~1 If, 1, ~_<tLt;;-
3. The owner shall furnish Affidavit of no Liens.
4. The City of Clearwater as purchaser shall (1) pay the owner
the total sum of $10,450 on or before 30 days from date hereof upon the
delivery by the owner of the Warranty Deed, Partial Release of Mortgage
!-
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Mr. A. Waller Smith
#2
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September 9, 1963
and Affidavit of No Liens, as herebefore provided; (2) the purchaser
shall credit the owner with the sum of $19.50, representing the pro-
rated taxes for the year 1963, based on the 1963 assessment and the
1962 millage rate (1963 millage rate not set); the same proportioned to
that portion of Lot 1 which is being purchased; and (3) the purchaser
shall place the necessary documentary tax stamps upon the deed given
by the owner in pursuance of this Agreement.
Please signify your acceptance of the terms and conditions as herein set
forth by affixing your signature to the original and carbon copy of this
letter in order that this transaction may be submitted to the City Commis sion
for action.
HRM/mc
lACCE~...: ,
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Herbert R. Mayer s
Right of Way Agent
CITY OF CLEARWATER, FLORIDA
-'..........
By 4;.- Q.~-c~.
~ City Manager' .<~ ", /
Attest:
Approved as to Form and Correctness:
Y441;&:-