CHARLES AND MARJORIE UPDYKE
CHARLES O. UPDYKE and MARJORIE L. UPDYKE, his wife,
ot [he County of Pinellas and State of Florida
part ies of the first part, and CITY OF CLEAR WATER, FLORIDA, a municipal
whose mailing address is corporation,
PO Box 4 748~ Clearwa~er
o{ the Coullty of 'Pinellas and State of Florida 33518
part y of the second part. ~itn.essetht that [he said part ies of the first part. for and
in con:;ideration of the sum of-------------One..--------------- Dollars. and other good
and valuable considerations to them in hand paid. the receipt whereof i:; hereby acknowl.
edged. ha s granted, bargained. sold and conveyed. and by these presellts do grant. bar.
gain, sell, convey and confirm unto the said part y of the second part and its succ~s
and assigns forever, all that certain parcel of land lying and being ill the County of Pinellas
and State of Florida . more particularly described as follows:
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'NA.RRAN~ i b-I!::F"
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, A. D. 10 80 .
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The West 1. 0 feet of Lots 9 through 15, and the West 1.0
feet of the, South 46.76 feet of Lot 8, all in Block 5, Woodvalley
Unit No.2, 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 with all the tenements. hereditaments and appurtenanres. with every privilege, r/ght.
tiilp. interest and estate. dower and right of dower, reversion, remainder alld easement thereto
belonging or in anywise appertaining: 10 lial1t and to Hold the s(Jme in fee simple forever.
And the said part ies of the first part do covenant with the said party of the
serond pa..t that they are lawfully sei=ed of the said prc'mise:s. that they are free fron
all encllmbrances and thnt they have good right ui.d la!{'.
fill authority to sell the same; and the said part ies of the first IJart do hereby fully tmrrant
the title tn said land, fInd teil! defend the same against the lau:ful cirzi11lS of all IJersons u;hn:?lsoet;e,~,
In Witness lfiherc!lf, the said parties 0/ the first part ha ve hereunto set their
hand s
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and seal s
the day.alld year above wriften.
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Signed. sealed and delivered ill our presence:
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-
r COMMITMENT NO. F 190247 I
AMERICAN LAND TITLE ASSOCIATION COMMITMENT - 1970 Rev.
TITLE INSURANCE COMPANY OF MINNESOTA
a Stock Company of Minneapolis, Minnesota
TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions andStipula-
tions hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to
issue such policy or policies is not the fault of the Company.
IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when
countersigned by a validating officer or other authorized signatory.
TITLE INSURANCE COMPANY OF MINNESOTA
~~~
Secretary
~~'.~'-'
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CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,
the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If
the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its
option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition ofInsured in the form of policy or policies committed for and only
for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate orinterest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies com-
mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of
this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage
thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
TITLE INSURANCE COMPANY OF MINNESOTA
A
-r
400 SECOND AVENUE SOUTH/MINNEAPOLIS, MINNESOTA 55401
Telephone (612) 332-5111
, "SCHEDULE A" FORM- FOR USE WITH COMMITMENT FOR TITLE INSURANCE
COuntersignel: ' l
FileNo. 11,530
Commitment No.F 190247
SCHEDULE A
1, Effective date: September 24, 1980 at 5:00 p.m.
2. Policy or Policies to be issued:
Amount:
(a) ALTA Owners Policy - Standard Form A -1970 (amended 10/17/70)
$ 58,695.00
Proposed Insured:
CITY OF CLEARWATER, a municipal corporation
(b) AL TA Standard Loan Policy - 1970 (amended 10/17/70)
$
Proposed Insured:
3, The estate or interest in the land described or referred to in this Commitment and covered herein is a
FEE SIMPLE
(Fee Simple, leasehold, etc.)
4, Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
CHARLES O. UPDYKE AND MARJORIE L. UPDYKE, his wife
5. The land referred to in this Commitment is described as follows:
A part of the NW ~ of Section 8, Township 29 South, Range 16
East, Pinellas County, Florida, being further described as
follows: From the SW corner of WOODVALLEY UNIT NO.2 SUBDIVISION,
as recorded in Plat Book 68, page 45, Pinellas County Records, run
-thence N. 1011'31" E. along the West boundary of said WOODVALLEY UNIT
NO.2, 60.55 feet to the North property line of the CITY OF CLEARWATER
and the Point of Beginning; thence continue N. 1011 '31" E., along said
West boundary of WOODVALLEY UNIT NO.2, 520.0 feet; thence W. 260.0
feet; thence S. 1011'31" W., 479.38 feet;thence S. 8l003~9" E., 262.32
feet to the P.O.B.;
,~ west 1.0 feet of Lots 9 through 15, and the West 1.0 feet of the
/ South 46.76 feet of Lot 8, all in Block 5, WOODVALLEY UNIT NO.2, as
, recorded in Plat Book 68, page 45, Public Records of Pinellas County,
\ Florida.
\-------
TIM Form 2420
This Commitment valid only if Schedule B is attached.
A
,...
"SCHEDULE B" FORM ~ FOR USE WITH COMMITMENT FOR TITLE INSURANCE
FILE NO.' "11,510 I COM~ITMENT NO.
F 190247
SCHEDULE B
The following are the requirements to be complied with:
1. Payment of the full consideration to, or for the account of, the grantors or mortgagors,
2, Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered
and duly filed for record:
(a) Deed to be executed by CHARLES O. UPDYKE AND MARJORIE L. UPDYKE, his
wife, to CITY OF CLEARWATER, a municipal corporation, conveying caption property.
(b) Satisfaction of that certain JUDGMENT AGAINST HERBERT SCHLEMAN in Instrument
filed 6-30-71 in O. R. Book 3572, page 869, Public Records of Pinellas County,
Florida, in the amount of $1,694,64.
3, Other instruments which must be properly executed, delivered and duly filed for record, and/or other mat-
ters which must be furnished to the company:
(a) Prior to the issuance of a Loan Policy hereunder, a copy of the Notice to Purchaser - Mortgagor Form,
as required by the Insurance Commissioner of the State of Florida, must be properly executed and re-
turned to the office issuing this Commitment (if applicable).
II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
Rights or claims of parties in possession,
Unrecorded easements, if any, on, above or below the surface; and any discrepancies or conflicts in boundary
lines or shortage in area or encroachments, which a correct surveyor an inspection of the premises would
disclose,
Possible unfiled mechanics' and materialmen's liens.
General or special taxes and assessments required to paid in the year
subsequent years.
6. Subject to restrictiomin O. R. Book 3822, page 777, Public Records of Pinellas
County, Florida.
7. Subject to a 5' drainage and
Block 5, WOODVALLEY UNIT NO.
Pinellas County, Florida.
1,
2,
3.
4.
5,
1980
and
utility easement over the West side of all lots in
2, per Plat Book 68, page 45, Public Records of
TIM Form 2421
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27th ti,l',' (It_-.1Y.1i~_, 1').11, by LDMontc-Sh l.,.,l~, r'J Ct>r !J{'PJ! "
;) n.~1;":,,I'" COr;:"H?:-~on, o\"'ne.:c' of all thc: right, tltl<r IHld In'.:r,"'t,
l'uth l~';/.~l i>lldc;:4uitc,ble, i.n ond t<; '"tit! tvl.1o,...intJ dC~"JH.(," jJt'C!,
Coun,t)' r f'lodda,' to-w'! ~I" '.:.;";
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LtJt5 2 thru is tndpslv~; Block S'iJ.oU'D thtu22 tri,~'lu$fJe:"bd, 6;
Lotll 1. t.hro to Blld .tot. 13 thra'~.~ inclt1shf'r,IHcck 7: Lots' 1 tllruH'1 .;<td
lots U ,turu30 I;i<:llJ,l!(\I~. IUuc~"a.:AtLt"IDIn 2. .ccot'<ltnil tu m..;j4rpbt:
tb.Hthlfrcu~rqt)dti'n'lat Book 6:a:.':Pu&'c~~,(Jtth'J l'ubl1c!l"eot'<i>t of Pi-~H.."
Cl)unty.rlorid~.,.~.lAt 12, aiQc~6~'L~{a"JrA'nd H, IHoc~ ,; lA~lIl.l,~nd;12.
lU.ock 8; Ll:Jta2.thJ'U':}4 inclu8tvc;~ 8~'oc.tt.:;':itob ~1.~ ~8. lltc<:'. lo;'tot!ll
tbt'u 14, lUoclt V...' ALL UlllNlT 3; .<:l:ol'dln~to mapnl'~l.'lt th"a:,! r<Nt'd;.~
in \l,lt;>'...,,)'< 6!:l...p~~4Q oi th,,~bHc~~.~i'fd~ ,.t i'tnl!llll;; County, l'l"dd:, .
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p,u.c"l oSt. fI ('"",t of l<:!i than ~ "', !iQO.OO blSsed on C'03t l,:'/{:'!
prevailing on tho date thsso covenants ere recor"ed, it bc~fHJ th~
inb'ntion and purpose of tho CClVQn<lnt to <):'lura th.J:" i111 c.....C'11in'i~
i:~IClll be of Zl quality of ....O:-hii'ltlSldp 0:'.:1 1~;.t'~rli'l;. tlub!;t;!..p,i<l11jl
the same or better. than that which elln tx.' ptOc!t!CN! or: the (~.JlC
:- .' "~::';-~\:'::~';_:"'" -i~~'"" .
these coYeiHu)ta':.~~~recorcled at tho n:inimur. cost, stated herein
, ,~;~(;~~*!J~~::.::: r-;:
for th~~l;llinimum ~t~itted d"felling' s he. T'1'= q1'owd floor area
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of the ma.il) stru':ture. C,uCCllllilivo, 'Of one-!lte,::y 0,enp9r~hes ad
, i.<'." ~ . '_ _ . \ \ ,"_ " :
garages, 8hall,~'>1~tl,~8S than 750 s'qu;:l!:'e fcetfo.r:a. one-l!te;fy
nvt leos,S than 600 Stll.i'are' f~(!t
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shall be ,',.con5,t !"t'C '>."~ on. l'l"plC\t ha'.'i
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8q~~re fc~t; and &~ch plot
one profClIS ion. 1 s1gn notlllora than t\oo
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squauln'tiu.' advertidng the proparty for ule or rent, ~nd
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\oIlIill:U .uy it Dllilaer -to advcrtue ';ho ~C;)p..:~ty d;,jtt:;~
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f~i. i'\ILb!!lll. '!'r,",h, ~,II"',~;, or tll:'~" 10.'",';',(' 1!.,111 f',(,t 1)(. )o;('i,e t'l('(,:'t
in Ij~lllitc1ry C('rlt34ner.. At! 1tn:lll('l'LJtors or o~h,,:t wl'llpnqnt t", thl;t
IStOl'/I'JC or diepo,.al 0.( 811r.:h ruter-lob ~hal1 be kept ill () cleli"" i,:.d
s~nit"ry c0ndilion.
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':11. ~~o chain .Hrl~ feoc<:t t,l'llll,l Le cr,jclud 0."1 Dny lot bo.-
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tweo n lh".:irOD ~~b~b4~M Up-o and thu, $ treo:: t. .
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and dr,)inilg~> (~}:n.ttl~~,are real~~'\Ic;dGa'8howrlOnthe record",: plat.
mat.er.ia !
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attemptin9 ~o vlobt*, .n~:!.\lch re,.,~ric:tion. .~tiier to prevent
the. tJ:aIt '.Odo~:~ to recovor damago.. for aui:h violatior.a.
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r;'"._: n ~'. () I.
court orOoL' "LiSl1 in 1'-<) wt";Q CrC,jC't llnj' c,~ t),,, at; l pi(,-
vl~ion~ whi~h ~hell remain in full forco ~nJ ~{[cct.
IN WITNESS \"'IIE~ECF. the pzirtyh<~ie to h<l" c."l II '!d th~f'(.:
Pl'(','cnts to b.., executed in ilF. corporato name, by It: ')trL:-er~,
dilly ;'Iuthori;:ed and itt corpcir<ltc f;cill to lie offi>:cd b:r'!:o. thi,s
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I
CITY OF CLEARWATER
NOTE
KNOW ALL MEN BY THESE PRESENTS that the CITY OF
CLEARWATER, FLORIDA, (hereinafter called IICityll) 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 FOR TY -SIX
THOUSAND NINE HUNDRED FIFTY -SIX DOLLARS ($46,956.00), 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 $46,956.00
issued to finance the cost of the acquisition of the 3.01 acre UPDYKE 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 th.at
-1-
I
I
such holder shall never have the right to require or compel the exerClse of
the ad valorem taxing power of the City for the payxnent 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 agr ees to always maintain sufficient funds in the designated
fund as will always provide revenue sufficient to payout of such fund as each
installment 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, as signment,
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, PO Box 4748, Clearwater, Florida 33518.
This Note shall have all the qualities and incidents of a negotiable
instrwnent 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 seal to be
'affixed and attested by its City Clerk, all as of the
23rd
day of
October
, 1980.
CITY OF CLEARWATER, FLORIDA
Countersigned:
/s/ Charles F. LeCher
Mayor- Commis sioner
By / s/ Jeffrey E. Butler
Acting City Manager
Attest:
Approved as to form and
correctness:
/ s/ Thomas A. B'ustin
City Attorney
/ s/ Lucille Williams
City Clerk
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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
CHARLES O. UPDYKE and MARJORIE L. UPDYKE, his wife,
who, being first duly sworn, depose and say
1. That they are the owner s
of the following described property in Pinellas County, Florida, to wit:
As descrih ed in Exhibit A attached her'eto 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 encwnbrances of any nature affecting the
title to the property heJ;'einbefore described.
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 he.r-ein are for the purpose of
inducing the City of Clearwater, Florida
to purchase the above-described property.
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Sworn to and subscribed befor.e me this J.-?l~ day of Octobp.r ' 19.,lliL.
My Commission Expires:
0.,
Notary Public, State oJ Florida at Large
'My Commission Expires Aug. 1, 1982
BonrtAA Bv .A"'..:....... ,; 1 , (lIlIlll, ,_.. .....11,.
ary Public
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A part of the NW 1/4 of Section 8, Township 29 South,
Range 16 East,Pinellas County, Florida, being further
described as follows: From the SW corner of Woodvalley
Unit No. 2 Subdivision, as recorded in Plat Book 68,
page 45, Public Records of Pinellas County, Florida, run
thence N 1011'31" E along the West boundary of said Woodvalley
Unit No.2, 60.55 feet to the North property line of the
City of Clearwater and the P. O. B. ; thence continue
N 1011'31" E, along said West boundary of Woodvalley
Unit No.2, 520.0 feet; thence West 260.0 feet; thence
S Pll'31" W, 479.38 feet; thence S 81005'39" E,
262. 32 feet to the P. O. B.
EXHIBIT A
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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:
A part of the NW 1/4 of Section 8, Township 29 South,
Range 16 East, Pinellas County, Florida, being further
described as follows: From the SW corner of Woodvalley
Unit No. 2 Subdivision, as recorded in Plat Book 68,
page 45, Public Records of Pinellas County, Florida, run
thence N 1011131" E along the West boundary of said Woodvalley
Unit No.2, 60.55 feet to the North property line of the
City of Clearwater and the P. O. B. ; thence continue
N 1011'31" E, along said West boundary of Woodvalley
Unit No.2, 520. 0 feet; thence West 260.0 feet; thence
S 1011'3111 W, 479.38 feet; thence S 81005'39" E,
262. 32 feet to the P. O. B.
(l) Sellers ackno'1{ledge that they have an obligation to pay alJ. 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 clos e 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.
(5) Should Sellers fail to promptly remit such tax upon recelvmg
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.
EXECUTED this ~ day of October, 1980.
By-
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~dif~u~~1J~
rjorie L. U 'yk /
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CLOSING STATEMENT
Clearwater, Florida
October 23, 1980 ,
Seller: Charles O. Updyke and Marjorie L. Updyke
Purchaser: City of Clearwater, Florida
Property Description: Part of NW 1/4 of Section 8- 29 -16
Credits to Seller:
Sales Price
$58,695.00
Credits to Purchaser:
City of Clearwater Note $46,956.00
Cash to Close 11,739.00
$58,695.00
$58,695.00
Costs to Purchaser:
Docurn.entary Stamps on Deed
$234.80
Century Title &: Abstract
251.00
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O.R, 5 09 6 PAGE
360
STATE OF FLORIDA
ss:
COUNTY OF PINELLAS
Before me personally appeared
Charles O. Updyke and Marjorie L. Updyke, his wife,
to me well known and known to me to be the individual s des cribed
executed the foregoing instrument and acknowledged before me that
executed the same for the purposes therein expressed.
WITNESS my hand and officia:.l seal this d?/,d- day of ~
A. D. 19~.
in and who
they
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otary Public", ,'.< -
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My Commission Expires:
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Notary Public, State of Florida at br..
My Commission Expires Aug. 1. 1982
L. Icnded By American Fire & Casualty Company,
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