EDWARD AND MARILYN K RASCH (2)
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I O,R. 5096
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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"
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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.
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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.
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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
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the day. and year above wr;'(fen. ~<,\:"" ,,\ -...:' '\ l=.,\'" \, r , I
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sealed and delivered III ollr presence: ,
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Edward Rasch <""-."
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and seal s
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Signed.
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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
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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.
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My Commission Expires:
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otary Public": '. .
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Notary Public, State 01 Florida at Large
My Commission Expires Aug. 1, 1982
Bonded By American Fire & Casualty Compan~
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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.
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(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
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M rilyn . Rase
ACCEPTED p. y City of Clearwater, Florida, as Buyer of the property
this ;1~ day of October, 1980.
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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
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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
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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
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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.
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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
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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:
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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.