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EDWARD AND MARILYN K RASCH (2) ....~, -- f II H i WA.RRAN, -r D~l"1) ~ I 7~: J!....Lv.}, '. , - .z.a!S Jlj.....a,i!~.h e, .llade this 80168950 day of I O,R. 5096 {Y~ PAGE 3 5 7 .Between EDWARD RASCH and MARILYN K. RASCH. his wife. 02,3 "-d RAMeo FO/: H4 i A. D. 1980 . part y of the second part, ~itntsseth, that the said parties of the first part. for alld in con,ideration o{ Ihe sum o{ -------------One---------------__Dollars, alld ulher youd and valuable considerations to them in hand paid. the receipt whereof i:> hereby acknowl- edged, ha ve grallled, bargained, sold and conveyed, and by Ihese pres",ls do ~ranl, bar- >> gain, sell, convey and confirm unto the said party of the second part and its UCc~rs .. ~ and assigns forever, alllhal cerlain parcel o{ land lying and being in Ihe Counly of Pinellas S ~ and Slale of Florida , more particularly described as (allow" -c:l3 rh ~ ~ :6 ~>> C<J ;:.2. +" C~ ~~ U e<;l .'" ,'- Z .~ J, --f 0 t~~ ;.:~ ~..- ,,,' L (j) ~ :1] , ~ .j.C ;::J"~ ~ ~; ~~'I[$ -3 E .~ ell ;::; ......' (j) [$ ~ -~I......... ~ ~'r U i3 .c:: <i t.;-.l_ .- 00 .~ $ E::: C3 I II 1 ot 'he County of PineUas part ies of the first part, and whose mailing address is PO Box 4748. Clearwctter. of the COllnty of Pinellas and State of Florida CITY OF CLEARWATER. FLORIDA. a municipal corporation. and State of Florida 33518 The West.!. 0 feet of Lots 3 through 7. and the West 1.0 feet crf the North 15.25 feet of Lot 8 and the West 1. 0 foot of the South 12.68 feet of Lot 2, all in Block 5, Wood Valley Unit No. 2 Subdivision. according to the map or plat thereof as recorded in Plat Book 68. page 45 of the Public Records of Pinellas County. Florida. \ ElO ..... kO M M 01~ll, ~ 40 Rec_ /. ~ 41 DS ~ ~ 43 Int _ ,_ .. 10(_ 7. c{ojL/ - /5 15345270 70 0001. '41 23 C80 .40'05 .40 CA, 00 . ~<<:C t-- ' '" ~ ~ Z "x . N O~ ..... /Xl .~ ;>< . c.... E-; 0 .....( ..... .. ue,;;:; ~ --< ~ ~ u Together mith al/ Ihe lenemenls, hereditamenls and appurlenanres, milh every priuilege, right, tillt>, interest and estate, dower and right of dower, reversiOll, remainder alld easement thereto belonging or in anywise appertaining: 10 llJue and to Hold the sume in fee simple forever. i>> ~ ot-.~ roo ". "" ~ :to J ,,., ~ r- t r- 'j' <.'"),... 1'..'~ I' ~ - J'I)(-.. C'), :::J n '-; ~/~.J ~';;~ C') ..- t',' o ~J .;; "'.> :!:: tC; :. I: C~+A TP;;;--o-='-1=--'- ..-.---- :___ [",:".7-.1' (i~tn'~:', ',vt- LORIOA I ..'~. ./<":-,,..,", "C:Ttl.j.,o TAXI ')'1'; O-f-RE"c;',"[ ....\:'<:_.~.L'-_.. .,.,. ~,:. ., .,. J . '<:0 '_ --- ! ",' ~ "2,:::' OCT23'80'; '. n n "j 0 - _. ~;.'>, .'~/ -'.. ~ \,f" I'-t " .;a.. :. il ._',",; r.) ---------;------------------------------------------- . ,~-_. - - . . = hand s And the said parties of the first part do COvenant with the said party of the see-ond pa"l that they are lawfully sei:ed of the said premises, that they are free fron all encumbrances 011d that they have good right and la!{'. (ul aUllwrit)' 10 sell Ihe same; and Ihe said parI ies o{ Ihe fir" I'arl do hereb)' ! ul/)' H'Geranl I he I it! e 10 snid I and, and id II de {e ad Ih e sa";e ago iUSI I he I au:f U I c.'ni a,-, of a II I'e r.'o as whom -<oee e ~_ I fn tf:Iilni"s 'WhereLlf, Ihe said parlies o{ I'\e firsl parI '\0 ve hereunlo set their I , ' , ~('. r ,i'\"',,-,,\ I . \ '" '- \ , the day. and year above wr;'(fen. ~<,\:"" ,,\ -...:' '\ l=.,\'" \, r , I ['"Co ' "'-' \.. "\, I ,n,~ ' sealed and delivered III ollr presence: , L:fJ I}\ ,,\,' ~ ~ /J . ~ (~h ...~~ .-..- ....---.--.--.-........----_h....h.... ..--.. -'--'h__h__.. t~ Edward Rasch <""-." -1J(~~~~::- ~~ I ( i.-.._ ". .-.- .----. .....--..--.-.----.-......---..-.--.--.-..--...-..-.: .... and seal s ..:' ,-. ~ : ':;! r,. , /..7).~.. .,. -- , ~ I II r ,I Signed. J&;__~._~____________. ~_.- . --- , -..-' '- ...t:l......h.-._..._._.._._._......__._.._._....._........ ............ .... 0-0- ...._............._.__..........._....._............._.......__...._................ ..._.... ......._._.. .. .................. ...... ....... ........... ................ --0 .................. _,,_.._. _ ........... ................. ..._. ......... .. . .....- ~- ., 1 - I Q,R. 5 096 PAGE '358 STATE OF FLORIDA ) ) ss: CO UNTY OF PINELLAS ) Before me pers on;a.lly appeared Edward Rasch and Marilyn K. Rasch, his wife, to me well known and known to me to be the individual s des cribed in and who - executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this a....3~ day of A, D. 19 80. [;/~ My Commission Expires: ~a,~.. otary Public": '. . .. .. Notary Public, State 01 Florida at Large My Commission Expires Aug. 1, 1982 Bonded By American Fire & Casualty Compan~ -....-~ - ..' C,.,L, ' I I LETTER OF UNDERSTANDING The undersigned, sellers of the following described tract of land, submit the following agreement relating to the sale of such property and the taxes due on such property: From the SW corner of Lot 13, Block 10, Virginia Groves Estates First Addition, as recorded in Plat Book 47, pages 41-43, Public Records of Pinellas County, Florida; run thence S 01.05'38" W, a distance of 285.00 feet for the P. O. B.; thence continue S 01-05'38" W, a distance of 806.21 feet to a point 60.00 feet from, and measured at right angles to the northerly right-of-way line of the Seaboard Coast Line Railroad; thence S 81.07' 33" E, parallel to the northerly right-of-way line of said Railroad, a distance of 160.25 feet; thence N 01.12'421' E, a distance of 481. 39 feet; thence N 89854'38" E, a distance of 260.47 feet to the westerly boundary of Wood Valley Unit No. 2 Subdivision, as recorded in Plat Book 68, page 45, Public Records of Pinellas County, Florida; thence N 01. 11'311' E, along the Westerly boundary of said Wood Valley Unit No.2 Subdivision 342.00 feet; thence N 89801'25" W, a distance of 420.78 feet to the P. O. B. (1) Sellers acknowledge that they have an obligation to pay all real property taxes due on the property up to the date of closing, namely, October 23, 1980. (2) Sellers understand that the amount of such tax will not be fully known until after the closing. (3) Sellers desire to close on such sale with such tax to be paid at a later date. (4) Sellers agree to remit the full amount due as soon as the Property Appraiser determines what such tax will be following property re-evaluation now being completed. s. ) \. \...:/ :,".p.....;.~.......- ~'-.:' -1- c" l ,', \<.~ I , , , I.'. t. '\v . ......,Ji..- ~_..:JT I I (5) Should Sellers fail to promptly remit such tax upon receiving notice of the same, then, City shall have the right to deduct the amount of such tax from any payment due on the Note provided to Sellers. Such action by the City shall not constitute a default of the Note or result in any change in the amount of payment due on the Note. EXECUTED this:t:ntl. day of October, 1980. ca~~~ Edward Rasch ?l~~~ ~ M rilyn . Rase ACCEPTED p. y City of Clearwater, Florida, as Buyer of the property this ;1~ day of October, 1980. -2- I 1 CLOSING STATEMENT Clearwater, Florida October 23, 1980 Seller: Edward Rasch and Marilyn K. Rasch Purchaser: City of Clearwater, Florida Property Description: Lot 13, Block 10, Virginia Groves Estates 1st Add'n. Credits to Seller: Sales Price $98,670.00 Credits to Purchas er: City of Clearwater Note Cash to Close $78,936.00 19,734.00 $98,670.00 $98,670.00 Costs to Purchaser: Documentary Stamps on Deed $394.80 Century Title & Abstract 370.00 (t 1:",- '- r " , l \' '-(. ~. , I 1 CITY OF CLEARWATER NOTE KNOW ALL MEN BY THESE PRESENTS that the CITY OF CLEARWA TER, FLORIDA, (hereinafter called "City") for value received, hereby promises to pay to the holder of this Note, from legally available general fund non ad valorem revenues the principal sum of SEVENTY - EIGHT THOUSAND, NINE HUNDRED THIR TY -SIX DOLLARS ($78,936.00), interest thereon from the date hereof at the rate of eight per centum (8%) per annum on the unpaid principal balance, such interest to the maturity hereof being payable semi-annually on October 1 and April 1 of each year commencing April 1, 1981, and ending October 1, 1984. Principal and interest on this Note shall be due and payable in lawful money of the United States of America at the City Treasurer's Office, City of Clearwater, 112 S. Osceola Avenue, P. O. Box 4748, Clearwater, Florida 33518. This Note is a single authorized obligation in the amount of $78, 936.00, issued to finance the cost of the acquisition of the 5.06 acre RASC",,~ Tract to ~-'--'~-~~- improve the parks and recreation system of the City under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 2-81 of the Code of Ordinances of the City of Clearwater, Florida, Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and an Ordinance duly enacted by the City Commission of the City of Clearwater on the 18th day of September, 1980, and is subject to all the terms and conditions of such ordinance. This Note may be redeemed at any time prior to maturity, at the option of the Issuer, in whole at par plus accrued interest to the redemption date upon at least thirty (30) days prior notice published in a newspaper of general circulation in the City of Clearwater. This Note does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision of limitation of indebtedness and it is expressly agreed by the holder of this Note that -1- '" I I such holder shall never have the right to require or compel the exercis e of the ad valorem taxing power of the City for the payment of the principal of and interest on this Note. It is further agreed between the City and the holder of this Note that this Note and the obligation it establishes shall not constitute a lien upon the Project, or any part thereof, or on any other property of or in the City, but shall be payable from legally available general fund non ad valorem revenues in the manner provided in the Ordinance. The City agrees to always maintain sufficient funds in the designated fund as will always provide revenue sufficient to payout of such fund as each installInent becomes due, the principal and interest of this Note. The agreement to pay from the non ad valorem revenues described by the City under the Ordinance may be discharged at or prior to the maturity or redemption of the Note upon the making of provision for payment thereof on the terms and conditions set forth in the Ordinance. All acts, conditions and things required to exist, to happen, and to be performed precedent to and in the issuance of this Note, exist, have happened, and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and the issuance of this Note does not violate any constitutional, statutory or ordinance limitation or provision. Prior to any sale, assignment, pledge or any other form of transfer of this Note by the sellers to any person, the City of Clearwater shall be provided ten (10) days prior notice of such contemplated sale, assignment, pledge or any other form of transfer. Such notice shall include the name of the person or persons to whom the note is being transferred and their address. The notice required herein shall be provided to the Office of the City Treasurer, 112 S. Osceola Avenue, P. O. Box 4748, Clearwater, Florida 33518. This Note shall have all the qualities and incidents of a negotiable instrument under the law merchant and the laws of the State of Florida. -2- j "-.. . , . I I IN WITNESS WHEREOF. the City of Clearwater, Florida, has issued this Note and has caused the same to be signed by its City Manager, countersigned by its Mayor-Commissioner, and the corporate all as of the 'J-Jrvl seal to be af!3~attested by i.'SI::: Clerk, day of CITY OF CLEARWATER. FLORIDA Countersigned: Is/ Charles F. LeCher Mayor - Commis s ione r By /s/ Jeffrey E. Butler Acting City Manager Attest: Approved as to form and correctness: / s I Lucille Williams City Clerk / sl Thomas A. Bustin City Attorney - 3- ~, '... ~' I i!..... -. I CITY OF CLEAR WATER CITY HALL - P. O. Box 4748 CLEARWATER, FLORIDA 33518 AFFIDA VIT OF NO LIENS STATE OF FLORIDA ) " COUNTY OF PINELLAS) Before me, the undersigned authority, personally appeared EDWARD RASCH and MARILYN K. RASCH, his wife, who, being first duly sworn, depose and say 1. That they are the owners of the following described property in Pinellas County, Florida, to wit: As described in Exhibit A attached hereto and made a part hereof. 2. That said property is now in possession of the record owner . 3. That there has been no labor performed or materials furnished 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 affecting the title to the property hereinbefore des cribed. 5. That it is hereby warranted that no notice has been received of any public hearing regarding assessments for improvements by any govern- ment within the past ninety (90) days, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. That the representations embraced herein are for the purpose of inducing the City of Clearwater, Florida to purchase the above-described property. t12v~ ((~ Edward Rasch ;C ~ Sworn to and subscribed before me this , 19~. My Commission Expires: 'S I I From the SW corner of Lot 13, Block 10, Virginia Groves Estates First Addition, as recorded in Plat B09k 47, pages 41-43, Public Records of Pinellas County, Florida; run thence SOl - 05138" W, a distance of 285.00 feet for the P. O. B.; thence continue S 01-05'38" W, a distance of 806.21 feet to a point 60.00 feet from, and measured at right angles to the northerly right-of-way line of the Seaboard Coast Line Railroad; thence S 81-07' 33" E, parallel to the northerly right-of-way line of said Railroad, a distance of 160.25 feet; thence N 01-1214211 E, a distance of 481. 39 feet; thence N 89 - 54' 38" E, a distance of 260.47 feet to the westerly boundary of Wood Valley Unit No. 2 Subdivision, as recorded in Plat Book 68, page 45, Public Records of Pinellas County, Florida; thence N 01- 11'31" E, along the Westerly boundary of said Wood Valley Unit No. 2 Subdivision 342.00 feet; thence N &9 001'25" W, a distance of 420. 78 feet to the P. O. B. EXHIBIT A it.