A WALLER AND EVA SMITH
TUTBLANX REGLSTERED U.S.PAT.OFFICE
tttle ~;;;14j~8he~~;;t/an;;3
~ntuvt
Made this
15th
day of
December
A. D. J!l52
Between A. WALLER SMITH and EVA W. SMITH, husband and wife,
of the County of Pinellas and State of Florida
parties of the first part, and CITY OF CLEARWATER, PINELLAS COUNTY,
FLORIDA, a Hunicipal Corporation,
(KJflX.".IqlI)1CIX!!ifUl, existing under the laws of the State of Florida
lxaDi7lttxn'qn;;lairpolxpi/xDcJl.xajXiuaiJuax in the County of Pinellas
~X1/ party of the second part,
Witnesseth., that the said parties of the first part, for and in consideration
of the sum of Ten Dollars and other good and valuable consideration--
to them in hand paid, the receipt whereof is hereby acknowledged, have
granted, bargained, sold, aliened, remised, released, enfeoffed, conveyed and con-
firm.ed and by these presents do grant, bartain, sell, alien, remise, release,
enfeoff, convey and confirm unto the said party of the second part and its succes-
sors and assigns forever, all that certain parcel of land lyint and beint in the
County of Pinellas and State of Florida, more particularly
described as follows:
,
~
Begin at the Southeast corner of Block "A" of JOHN H. DAVEY
SUBDIVISION as recorded in Plat Book 1, page 87, Hillsborough
County Records, of which Pinellas County was formerly a part,
and run thence West along the Sou.therly line of said Bl~ck "A"
937 feet to a point on the middle or concrete s~a~wall; thence
North 3033'00" EaE;t along concrete sea-wall 130.47 feet for
point of beginn,ing; thence North 3033'00" East 20.00 feet,
thence South 87030'24" East 32.2 feet to Westerly line of
Pierce Boulevard; thence along a curve to the left and said
Westerly line, chord bearing South 13027'18" East 19.12 feet,
arc =19.13f'eet and radius = 224.63feet,u thence West 37.86_
feet to point of beginning.
Together with and includin,g all riparian rights appertainin,g
thereto.
Together with all the tenements, hereditaments and appurtenances, with
every privilege, right, title, interest and estate, dower and right of dower, reversion,
remainder and easement thereto belontint or in anywise appertaining:
To Have and to Hold the same in fee simple forever.
.I1nd the said parties of the first part do covenant with the said party of
the second part that they are lawfully seized of the said premises, that they are
free of all incumbrance, and that they have good riffht and lawful authority
. tosBlLthe -same.;.J11"td..t.Jw,t~D,ifLlliJd._tiJ:};LJlltll.e~ftr.s t..Jlf1.rJ dothJ1J~,rebY17.tl~y-_ UJ..Q.T:,.q~L
the title to said land, and will defend the same against the lawful claims of all
persons whomsoever.
In Witness Whereof") the said part ies of the first part have hereunto
,~et their hands and seals the day and year above written.
Signed, Sealed and Delivered in Our Presence:
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OEED1418 PAGE 24
State of Florida,
'-88900
}
County of Pinellas
day of
December
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I HEREBY CERTIFY, That on this 15th
.11. D. 1952, before me personally appeared
A. WALLER SMITH and EVA W. SMITH, his wife,
to me known to be the persons described in and who executed the loretoint
conveyance to CITY OF CLEARWATER. PINELLAS COUNTY~ FLORIDA,
a Municipal Corporation,
and severally acknowledted
the execution thereof to be their free act and deed for the uses and purposes
therein m,entioned.
WITNESS my sitnature and official seal at
in the County of Pinellas
year last aforesaid.
Noto,.y Public, Stote of Florlda at large
My commission expires August 23, 1956.
,Jfy ComlnisftBW;d iffl'ilctltf"..ding & Insurance Co.
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Clearwater
and State of Florida, the day and
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Notary Public ;J
State of Florida at large
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AGREEKEIIT
THIS AGREIKEft by and between A. WALLER SHITH~ part;y ot the tirst part
(hereinafter reterred. to u "Ilr. SII1t.h"), and the crn OF CLEABWATEi~ FLORIDA,
a DND1cipal corporation, part,y ot t.he seOOlld. pari; (he1'e1natter reterred t.o as
the "01t7"), WI1'DSSX'l'lh
That in consideration ot .on..,. to be paid hereunder, obligations incurred.
and to be innrred hel'8lD1der, and 1D. further consideration ot the autual COT8I1&Dt,S
and agre811.ents herein contained, the parties h~reto hereb:y auliual.l7 agree as
tollow:
1. The Cit7 shall do all thiDgs neoeS8&17 and appropriate to aid Mr. Smith
in the deve10paent ot the submerged land in Clearwater Bq, lIhich lfr. Smith owns
b7 virtue ot a deed tram Irene" Hartsell dated August 15, 1951, and recorded
in Deed. Book 13'5, Pap 349, ot the Public Records ot Pinelias Count7, nodda,
and t~e parties hereto here~ ~,tbat they shall jointly aoccaplisb the filling,
bulkheading and placing ot certain other iIlpro.,..ents here1natt.er specified upoll
the submerged propert7 westerly ot and adjacent to the Propert.7 embracediD the
toregoing deed and. the submerged land westerly ot and adjacent to the tort7 (40)
teet. ot upland Propert7 which lie. 1Jaediately north ot the Propert.7 _braced
in said deed, which torty (40) teet ot Propert7 i. owned by the City.
The Cit7 hereby acrees to obtain trea the trustees ot the Intemal
Improvs.ent Fmc:l ot the state ot llarida the sulDerged land westerly ot the a'boTe
tort,. (40) teet and Hr. Sllith agrees to obtain trea aa1d trustee. the submerged
lands not be]o~"g to the Cit7 which he 11&7 desire to include in this
improvement.
2. 1Ir. Sllith shall acccaplish the ti' H I'll and. buJ.1cheading ot the aboTe
Propert7 including the tort,. (40) teet to be omed by the O1t7 and to place
1apro~ent8 thereon and the Cit,. aarees to pay Mr. SIlith tor the tilling,
bulkbewti ng and placiDg ot iapl'OTeaent. upon that portion ot said Propert7 owned
b.T the Cit7, the s. ot t25,813.85 tor it_ a8 tollowt
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17,906 C11 JU
560 ft. DiJdDg
.
.35.
.50.
1',267.10
280.00
.
560 tt~ sea wJ.l, with
250 ft. 12 ft. X t22~oo
310 ft. 16 ft. X .30.00
Gra.din&
5,500.00
9,300.00
326.75
stom. Sewr 18"
200.00
Dreq1q to &ift , ft. ot ater ';1/t
atS8& vall start 250 tt ollt tna
preseat ... -.u
EDgineering costs
1,600.00
2.340.00
125,813.85
Tho CitT Jaerelv apoees to pq Hr. s.1tJa snetT per om (7_> ot the
....ts abo.... set; o. tor sea wall_. the piling or ala.shaTe be_ cast. The
Cit7 hereby &&reo. to P&7 Hr. Sllith AD additional titt.e. per cat (15%) ot said
aaounts when the piliDc or slaDs are .et aud the r-.....'.."I titt_. per cent (15%)
UpoD c.pletiOll. ill other aaoats due hereund.er shall. 1M paid 'upcm CoapletioD;
prouded., however, that the Cit7 shall DOt bo required. to JUke a;q pqaeuts here-
" .
und.or \1DtU atter 1fcJv_.er 15, 1952.
3. 1Ir. Sllith kerelv' alfte. to ~eto all 'WOrk as aforesaid on or betore
Ifarch 1, 1953.
4. !he sea wall specificatioDs set out. in Paragrapll 2 hereot, contemplate
and. are baseel upoJl a .traiptsea wall; in the ennt the Cit7 d.eaires a projectioa
ot or tro. said sea vall ill uqdirectiOD, or in tile event the City de.ires ..
alteration ot 8D7 Dature, theD iD that ev_t the coat ot said projection, the C08"
ot tilling Hid projectioD, and t.he coat ot 8D1' alteratioD shall be 'borne by the
Cit7, in addition to the aaounts hereinabove set. out.
5. Upm C4Rpletion ot the 1apro~ts to be acc..p11shed under this
contract, h. Sld.tla hereDy acrees to oonvq to the City the north twent7 (20)
teet ot his Propert7 1:aproft4l heremder, agrees to P&7 tor the curlt along the
southliDe otthe said north twent7 (28) teet.cony.,.ed, and agree. to J:l&:r tor
one-halt ot the parlDg ot the street. ~ _rth .t,:.the said llOrt.h twent7 (20) teet.
6. Mr. Sllith here"'" acrees t. COl1'N7 and. dedicate mto the Cit7 sufticient
ot his Propert7 to aftord. iDere.s aad eere.s betw_ Pierce Street; ext.8Dded, and
U17 atre~ which 11&7 ~e paved. OIl t.he Propert.7 lIIlproTe4 'UDder this contract.
7. ID order to d.eeJ*l the Cit7'. harbor in the area adjac_t to aDd.
Donlaer17 of t.he 1apronaeBt. t. 1M acoaplished hereuad.er, lIbioh harbor al..
surrollllcis the present CitT clock :QiDg north ot said 1mproveact, 1Ir. SIIli.th
here~ agree. to dred.ge such aater1al t1'alll said harbor &8 i8 rea.onaltle according
to the rea,onable requir..er&t.s aDd directioDa ot the Cit7.
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II wr!nss WHBalilOr, the parti.. hereto have heremto set their haDd8
and seals this 29th dq of J1IlT A.. D. 1952, and ha.... hereunto bound their
heirs, successors and uBip.
Witnesses as to execution 'b7
A. Waner Smith
~~/V/~~~d -
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7~,'
JIq'o .. oner
CITY 0' CLEARWA~ FLORIDA.
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Att.
tor and Clerk
,17
(SEAL)
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:ApproY8cl .~,'t'. tom and correctae..t
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CitY' tornq
57?
I
CITY COMMISSION MEETING
July 28, 1952
The City Attorney presented for the Commission's consideration a Resolution
which would vacate that unused part, of Pierce Street which lies south of the south
line of Lot 5, Block A, Davey's Subdivision, extended and west of the present
right-of-way of Pierce Boulevard. Commissioner Lynn moved the adoption of the
Resolution. Motion was seconded by Commissioner Russell and carried unanimously.
The City Attorney reported that it was necessary that Mr. Leo Butler, acting
as agent for Mr. A. Waller Smith, have a letter from the City of Clearwater to
present to the Internal Improvement Board, indicating the intention of the City
to vacate that portion of Pierce Street adjoining Mr. Smith's property'.on the
south, as the Internal Improvement Board will not sell submerged properties to
anyone except the owner of the aijoining uplands. Commissioner Crown moved that
the Mayor be authorized to sign such a letter. Motion was seconded by
Commissioner Russell and carried unanimously.
In compliance Wlt the request of ~tr. Vito A. Tagarelli, owner and developer
of Tagarelli Subdivision, the City Attorney submitted a Resolution to vacate that
portion of Evergreen Street lying south of the south line of Franklin Street. It
was pointed out during the discussion that this street would dead-end at the site
of the St. Cecelia Catholic School~and would have no value as a north-south
through street. The Mayor inquired if anyone in the audience,_had any objections
to the vacating of this street. There being none, it was moved by Commissioner
Crown that the Resolution as read be adopted, seconded by Commissioner Russell
and carried unanimously. _
The City Attorney requested an expression from the Commission as to what
restrictions should be included in an Ordinance amending Ordinance 592, the Sign
Ordinance, and ir.structions as to how "owner identification signs" should be defined,
also the location and size of such signs. After discussion by the Commission, the
Mayor appointed Commissioners Crown and Lynn to act as a Co~mittee to determine if
it is desirable to limit the size of owner identification signs in the R-2 area
and make any other recommendations the Committee considers desirable.
Members of the COillmission expressed themselves as favoring the request of the
City Engir.eer and the Superintendent of the Disposal Plant to make a trip to
Panama City and Pensacola to inspect modern sewage disposal plants in those cities.
There being no further business to come before the Board, the meeting
adjourned at 9:17 P.M.
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RES 0 L UTI 0 N
NO. 60 - 59
WHEREAS, A. Waller Smith and wife, Eva Smith, have re-
quested the vacation of that portion of Pierce Street ~xtending
Westerly from Pierce Boulevard in the City of Clearwater, and lo-
cated on propert1 commonly referred to as "Smith Finger", and
more particularly described as:
; ~!\!.i.
Beqin at the Southeast corner of Block "A" of JOHN
R. DAVEY.S SUBDIVISION, accordillg to map or plat
thereof as recorded in Plat Book 1, Page ~7, Public
Records of Hillsborough County, Florida, of which
Pinelas County was formerly a part, and run thence
West 93'7. feet to the'concrete seawall; thence run
South 30~3' West; 40.07 feet along the seawall tor
P.O.B.; run thence West bU2.68 feet; thence North
170.18 fest; thence East ~13.24 feet; thence South
30~3' West, 170.5U feet, to Point of Beginning; AND
Begin at the Southeast corner of Block "A" of JOHN
R. DAVEY'S SUBDIVISION, according to map or plat
thereof as recorded in Plat Boo~ 1, Page ~7, Public
Records of Hillsborough County, Florida, of which
Pine lIas County was formerly a part, and run thence
West 937. feet to the concrete seawall; thence run
North 3033' East 130.43 feet for P.O.B.; run thence
West 513.24 feet; run thence North 79.68'; run
thence East 61.40 feet; run thence South 450 East
2'7.83 feet; run thence East 435.88 feet; run thence
South 3:33' West, 60.12 feet to P.O.B.: and
miEREAS it is the desire of the said A. Waller Smith
and Eva Smith, his wife, to place the said property in condi-
tion to enable same to be developed and used by a commercial
building concern, and it has been found that the additional
lands occupied by the right-of-way hereafter described are ne-
cessary in order to permit the construction of a large installa-
tion of this type; and
;4
WHEREAS, the City of Clearwater participated in the
actual costs which were involved at the time said "Smith Finger"
was dredged, filled, sea-walled and improved to the extent of
$27,172.07; said sum representing the City's proportionate ~ost
for the fill, seawall and road improvements which were installed
at the time of the original development; and
vniEREAS the said A. Waller Smith and Lva Smith, his wite,
have agreed to refund to the City the said sum of $27,172.07 in
return for the vacation of that part of the right-of-way here-
after described, together with a reconveyance to the City by the
said Smiths' of the lands contained in said right-ot-way herein-
after described; #,
"
NON, THEREFORE BE IT RESOLVED BY THE CITY COMMI- t
SSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION
DULY AND REGULARLY A:JSEMBLED, AS FOLLOWS:
ii" ,,,,,.,
1. ~~at Pierce~~tree~~ described as follows:
Begin at the Southeast corner of Block "A" of JaiN
R. DAVEY'S SUBDIVISION, according to map or plat
thereof as recorded in Plat Book 1, Page 87, Public
Records of Hillsborough County, Florida, of which
PinellasCounty was formerly a part, and run thence
West
seawall; thence run
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