RICHARD MARJORIE FRED & SOPHIE STELZER
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AGREEMENT
THIS AGREEMENT, made and entered into this #
day of November 1967, between RICHARD W. STELZER and
MARJORIE H. STELZER, his wife, and FREDERICK C. STELZER
and SOPHIE M. STELZER, his wife, hereinafter referred to
as "OWner", and the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City";
WIT N E SSE T H
WHEREAS, the City of Clearwater requires property
hereinafter described for right of way for Bay Street in the
City of Clearwater;
NOW, THEREFORE, in consideration of the premises
and other good and valuable considerations, it is agreed as
follows:
1. The OWner agrees to convey by good and sufficient
warranty deed, free of liens and encumbrances, unto the City
of Clearwater, Florida, a municipal corporation, the following
described land in Pinellas County, Florida, to-wit:
The West 30 feet of the South 1/2 of the Southeast
1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section l6, Township 29 South, Range 16 East, LESS
the South 50 feet thereof for right of way for
Gulf to Bay Boulevard.
2. The City agrees that when paving and curbs are
installed in Bay Street, whether or not it is an assessment
project, that the following described real property shall
not be charged or assessed for any portion whatsoever of
said paving and curbs:
The South 1/2 of the Southeast 1/4 of the
Southwest l/4 of the Northwest 1/4 of
Section l6, Township 29 South, Range l6 East,
LESS the West 30 feet thereof, and also LESS
the South 50 feet thereof for right of way
for Gulf to Bay Boulevard.
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3. The City further agrees that the said Owner
shall have the exclusive right to use the property described
in paragraph 1 hereof for as long as it may desire to do so
unless or until such property is paved and curbs are
installed as a portion of Bay Street; and in the event of
such paving and installment of curbs, City shall notify
Owner not less than ninety (90) days in advance to vacate
the property and OWner shall have the unlimited right to
take and remove all improvements, fixtures, utilities,
shrubbery and landscaping from such property prior to the
expiration of such ninety (90) day period.
4. This agreement shall be binding on, and shall
inure to the benefit of, the heirs, successors and assigns
of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed in their respective names, in
duplicate, on the date first above written.
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Richard W. Stelzer
(SEAL)
Witnesses:
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Ma~j*~. ~-/!!!fyv' (SEAL)
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Fred~ick C. Stelzer ~
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Sophie M. Stelze;-vO.......
Approved as to form and
correctness:
Attest:
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STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared RICHARD W. STELZER
and MARJORIE H. STELZER, his wife, and FREDERICK C. STELZER
and SOPHIE M. STELZER, his wife, to me well known and known
to me to be the persons described in and who executed the
foregoing instrument, and acknowledged to and before me that
they executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this
of November, A.D., 1967.
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STATE OF FLORIDA
COUNTY OF PINELLAS
Before me persona.lly appeared Merrett R, Stierheim ,
as City Manager, and R. G. Whitehead as City Clerk and H. Everett Hougen
as Mayor-Commissioner of the City of Clearwater, Florida, to me
well known and known to me to be the persons described in and
who executed the foregoing instrument and acknowledged to and
before me that they executed said instrument in the capacity
and ~or the purpose therein expressed.
WITNESS my hand and official seal, this
of November, A.D., 1967.
7th
day
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C.R 2732 PAGE357
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SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RIGHTS TO CITY OF CLEARWATER, FLORIDA
~ KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, it is proposed by
the CITY OF CLEARWATER, FLORIDA to locate, construct, maintain and/or improve
a portion of Bay Street in the corporate
limits of the City of Clearwater, Florida, in accordance with su:rvey and plans on.
file in the office of the City Engineering Department; and,
WHEREAS, A portion of the lands involved and necessary to said section of
street is subject to a mortgage
held by the under signed; and,
WHEREAS, On behalf of the City of Clearwater, Florida, a request has been
made for the undersigned to subordinate said encumbrance to the property rights
of the City of Clearwater, Florida, in and to the portion of the premises herein-
after described.
NOW, THEREFORE, WITNESSETH. That for and in considera.tion of the
premises and One Dollar and other good and valuable considerations paid,
receipt of which is hereby acknowledged, the undersigned subordinates said
encumbrance to the property rights of the City of Clearwater, Florida, to locate,
construct, maintain and/or improve said section of street over. through. upon
and/or across the following described lands, being a portion of the encumbered
pre~ia,es in Clearwater, Pinellas County, Florida, to wit:
,
The West 30 feet of the South 1/2 of the Southeast 1/4 of the
Southwest 1/4 of the Northwest 1/4 of Section 16, Township 29
South, Range 16East, LESS the South 50 feet thereof for right of way
for Gulf to Bay Boulevard
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inaofar as said premises are affected by the following described encumbrance_
now held by the undersigned:
Nature ot
Encumbrance
Date
- FrOlTl or
A,ainst
.... .
In Favor Of
Recorded
Book - Pa~e __, _
Mortgage
11/5/65
Frederick C. Stelzer
and Sophie M. Stelzer,
his wife ,and Richard
W. Stelzer and Marjorie
H. Stelzer, his wife
St. Petersburg
Bank & Trust
Company
O. R. 2263
Page344
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O,R, 2732 PAGE358
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PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and
agreed that this instrument subordinates said encumbrance insofar as same affects
the rights and privileges of the City of Clearwater, Florida in its use of the land
specifically above described, for street right of way purposes only, and that
nothing herein contained shall in any way affect, alter, impair, rr..inimize or
dirriinish the effect of said encumbrance or the reniedies at law or in equity for
recovering thereout, or against the parties charged thereby, the full amount of all
SUITiS secured by and/ or due under the same. It is further under stood and agreed
that in the event said above described premises are abandoned by the City of
Clearwater, Florida and cease to be used for street right of way and maintenance
purposes that in such event the subordination of said encumbrance shall terminate
in and to such portion abandoned and no longer used as aforesaid, and the en-
cUITibrance becoITle of the same status with reference to such abandoned portion
as if the subordination had never been made.
IN WI TNESS WHEREOF the
executed this instrument this
A.D. 1967
said holder of said encumbrance has-duly
21 st day of Novembe:t::> ~'
'-,
Signed, sealed and delivered
in the pl'esence of:
ST. PETERSBURG'BANK,.&.T-RUS:T
COMPANy/
Yko1Y~~
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(Corporate Seal)
STATE OF FLORIDA
B
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Sec r etary
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
Mary J. Stone and Lorriane Corridon (~
to me well known and known to me to be the individuals described in and who
executed the foregoing instrurrient as Vice President
and -See~;fail!'~ Bank Secretary respectively, of the Corporation nan,ed
in the foregoing instrument, and they severally acknowledged to and before Ine
that they executed said instrument on behalf of and in the name of said corp0l4ation
as such officers; that the seal affixed to said instrument is the corporate seal of
r:>aid corporation and that it was affixed thereto by due and regular corporate
authority; that they are duly authorized by said corporation to execute said in-
strurnent and that said instrument is the free act and deed of said corporation.
IN VlITNESS WHEREOF I have hereunto set my hand and affixed my official
Dcal this 21st day of November, ' A.D. 19(,7
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My Commission expires:
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Form 11~ FI'oriH",._WARRANTY DEE.
258 6'(11014'14
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,Jtlt'B~X. ~EGI5TEREO u.s. PAT, OFFICE
Tuttle Law Pnnr,Pub//shers,Rutland. Vt
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Whe7'~ve7' u,sed herein, the term "party'J shall include the heirs.. persona1 representatives,
8UCCf'-SSors nnd/ or assigns of the respective pa.rties hereto; the nse of the singnla,,. nu,mber
sha,ll inclwle the plnraJ, and the plural the sin.glllar; the nse of an!! g'cndc7' sha,ll include
all JiendcJ's; aItd, if used, the term, "note/! shnll include all tlw notes herein described if more
than one
Made this
3 rd
day 01 November
A. D. 19 67
Between RICHARD W. STELZER and MARJORIE H. STELZER, his
wife, and FREDERICK C. STELZER and SOPHIE M. STELZER, his wife,
of the County 01 Pinellas and State 01 Florida
party of the first part, and CITY OF CLEARWATER, FLORIDA, a
municipal corporation, whose mailing address is PO Box 4748, Clearwater,
01 the County 01 Pinellas and State 01 Florida
party of the second part,
Wiitilllceggeitlin~ that the said party of the first part, for and in consideration of
the sum of- - - - - - - - - - - - - - -One - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dollars to
,
him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargain-
ed, sold and transferred, and by these presents doesg'rant, bari!ain, sell and transfer
unto the said party of the second part, his heirs and nssi1ns lorencI'. all that certain
parcel of land lying and being in the County of Pinellas cLnd
State of Plorida, more particularly described as follows: '
The West 30 feet of the South 1/2 of the Southeast 1/4 of
the Southwest 1/4 of the Northwest 1/4 of Section 16, Township
29 South, Range 16 East, LESS the South 50 feet thereof for
right of way for Gulf to Bay Boulevard.
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, Together ?>>ith a,ll t1~e tenements, hereditaments a,!,d appurtenances, u;ith
every prwile~e, n~ht, t~tle, ~nterest and estate, dower and n~ht of dower, roverswn,
remainder and easement thereto belon~in~ or in anywise appertainin~:"
To Have and. to Hold the same in fee simple forever.
And the said party of the first part does covenant with the said party of the second
- part-that heislawfuUy seized of the said premises, that they are fre(}frrJTY," all incurn-.
brances and that he has good right and lawful authority to sell the same; and the
said party oj' the first part does hereby fully warrant the title to said land, and will
defend the same against the lawfz.Ll claims of all persons whomsoever.
In Witness Whereof~ the said party of the first part has hereunto set his
hand and seal the day and year above written.
Signed, Sealed and Delivered in Our Presence:
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Richard W. Stel er
State of Florida,
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C,R,G ~ ',(.. pa;GE ~O ,"
County of PINE LLAS
I HEREBY CERTIFY, That on this ll? 0 day of November
.11. D. 1967 , before me personally appeared Richard W. Stelzer and Marjorie
H. Stelzer, his wife, and Frederick C. Stelzer and Sophie M. Stelzer, his wife,
to me well known and known to me to be the persons described in and who
executed the foregoing conveyance to City of Clearwater, Florida, a
municipal corporation,
the execution thereof to be their
therein mentioned.
WITNESS my signature and official seal at
in the County of Pinellas
year last aforesaid.
and they acknowledged
free act and deed for the uses and purposes
Clearwater
and State of Florida, the day and
.My Commission Expires
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