ALFRED AND JESSIE MARSHALL (2)
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OR 2253 PM3E 76 ,R
ManufacluJ.:, : J and for sale by The H. & W. B. Drew Company
rl Jacksonville, Florida
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A. D. 19 65
by
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hereinafter called the grantor. to
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation,
whose postoffice address is
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
Uitnessdh: That the grantor. for and in consideration of the sum of $ 10. 00 and other
valuable considerations, receipt whereof is herehy acknowledged. herehy grants, bargains, sells. aliens. re-
mises. releases. conveys and confirms unto the grantee. all that certain land situate in
County, Florida, viz:
Lot Four (4), less the West Fifteen (15) feet thereof of
JE.E.FQRDS AND SMOYER'S FIRST ADDITION to the Tow..ne-f'
Clearwater, according to map or plat thereof as recorded in
Plat Book 7, page 19, Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part, also
according to the corrected plat thereof filed for record and
recorded-in Plat Book 4, page 10 of the Public Records of
Pinellas County, Florida.
ALSO
Lots "A" and "B" of SUNSET COURT SUBDIVISION, according
"-' to map or plat thereof, recorded in Plat Book 21, page 74,
~ Public Records of Pinellas County, Florida; TOGETHER with
L.J all right, title and interest in and to North Bay Avenue as it
c:::> abuts said Lots "A" and "B";
together with any and all tenements, hereditaments and appurtenances, with
every privilege, right, title, interest and estate, reversion, remainder and
easement thereto belonging or in anywise apf,ertaining to and in any and all of
the above described rea~ property specifical y including all rights conferred by
the City of Clearwater by virtue of a Resolution dated October 17, 1949, and
recorded in Deed Book 1334, page 607 of the Public Records of Pinellas County
Florida, and any rights of the Grantors herein to any and all streets and alleys
adjacent to the hereIn described real property.
PO Box 1348, Clearwater, Pinellas County, Florida,
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J 0 Halfe and to ilold, the same in fee simple forever.
I.nd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor; has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants :the title 10 said land and will defend the same against the lawful claims of
all persons whomsoever; and.that said land is free of all encumhrances, except taxes accruing suhsequent
to December 31, 1965. ,;
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first above
,lflfherrof, the said grantor has signed and sealed these presents the day and year
FLORIDA
PINELLAS
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SPACE BELOW FOR RECORDERS USE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared
Alfred P. Marshall and Jessie C. Marshall,
his wife,
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foreg~ir,:g i~rumentand they acknowledged before me that they
.,; ~'e~bited, the~'same.
:.. 't:1 WITNESS my hand and offici~eal in the County and
,. <~ State last aforesaid this .2 0 - day of
-/~z:rmm.tf&2~'m
'~ a . PUb./ic! State :Of FlOrida at Large
8 om mIssIon, Expires Feb. 9, 1967
ad By Amencan Surety Co, of N, Y.
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DREW'S FORM 01 ('REV,)
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Warranty laeed
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City Attorney
City of Clearwater
P6> Box 1348
Clearwater, Flor\da
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(R,ZZ) The H, & W, B, Drew Company, Jacksonville, Florida, 7B6255,2
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A G R E E M E ~ T
TIns AGREEHENT, made and entered into this 20th day of
August, A. D. 1965, by and between .ALFRED P. Y..I\.RSEALL and JESSIE
C. rlARSHALL, his wife, hereinafter called "SELIERS", and the CITY
OF CLEAli~'lA TER, FLORIDA, a municipal corporation existing under
the la,"rs 0 f the State of Florida, hereinafter called "PURCI-L\SER",
WIT N E S d E T H:
---- ---
TEAT WHEREAS, the City of Clearwater has heretofore made
careful investigation into all facts and circumstances relating
to the property hereinafter described, and
n3EREAS, the City Commission of the Oity of Clearwater has
determined that it is in the best interest of the public and in
furtherance of municipal purposes that said 9roperty be acquired,
Emf THEREFORE, in consideration of the premises and other
payments and covenants hereinafter stated, it is agreed as follows:
1. That the "SELLERS" herein covenant and agree to convey
unto the "PURCHASER" by good and sufficient warranty deed, free
of all liens or encumbrances, that certain real property located
in the City of Clearwater, Florida, County of Pinellas, more
particularly described as follows, to-wit:
LOT FOUR (4), Less the West Fifteen (15) feet thereof
of JEFFORDS AND S~OYER'S FIRST ADDITIO~ to the Town of
Clearwater, according to the map or plat thereof as
recorded in Plat Book 7, Page 19 of the Public Records
of lUlls borough County, Florida, of which Pinellas
Oounty was formerly a part, also according to the
corrected plat thereof filed for record and recorded
in Plat Book 4, Page 10 of the Public Records of
Pinellas County, Florida.
Also
Lots "1.1." and "B" of SUnSET OOURT SUBDIVISION, according
to map or plat thereof, recorded in Plat Book 21, Page
74 of the Public Records of Pinellas Oounty, Florida.
'rOGETHER with all right, title and interest in and to
North Bay Avenue as it abuts said Lots 111.1.11 and "B".
together with all the tenements, hereditaments and appurtenances,
with every privilege, right, title, interest and estate, reversion,
remainder and easement thereto belonging or in anywise appertaining,
exclusive, however, of household furniture, fixtures and miscellan-
eous personal articles of "SELLERS" herein.
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"PUROHASER" agrees to pay for said premises a total purchase
price of ONE HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED NINEI!Y and
nO/100 DOLLARS ($169,890.00) in the manner following, to-wit:
il,OOO.OO by cash upon the time of the execution of the
within Agreement by all parties; and
An additional cash sum of $8,890.00 on or before date of
closing, with the remaining purchase price of $160,000.00
to be paid by purchase money mortgage, in standard com-
mercial form, which shall secure two (2) certain promissory
notes, each for the sum of Eighty Thousand Dollars (i$80,000.00),
each payable in annual installments of $5,000.00 each (which
is to say - a total of $10,000.00 upon the two notes),
together with interest thereon at the rate of four percent
(4%) per annum, payable semi-annually on all sums remaining
from time to time unpaid.
After January 1, 1966 all or any part of either or both
of said notes may be prepaid at any time without penalty
and with interest to date of payment only, provided that
no pre-payment option shall exis:xt during the calendar
year 1965.
It is understood and agreed that one of the above mentioned
notes shall be payable to ALFRED P. NARSliALL and one of the afore-
said notes shall be payable to JESSIE O. I'iA.RSHALL. Each of said
notes shall likewise be in standard commercial form and shall con-
tain a grace period not to exceed thirty (30) days.
"SELLERS" herein covenant and agree that they will, within
twenty (20) days froo the execution of this Agreement by all
parties, furnish to the Purchaser at the option of the Sellers
either an abstract of title or title insurance and that thereafter
the Purchasers shall have a period not to exceed thirty (30) days
"itTi thin which to complete the examination of said title document
and to give notice in writing to the S~llers of objections, if
any, to said title. In default of such written notice the title
to the above premises shall be ~ conclusively deemed market-
able and the within transaction shall be closed within sixty (60)
days of the within Agreement and the Sellers shall execute and
deliver all documents required of them and the Purchaser herein
Shall execute and deliver all cash sums and instruments required
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on their part in order to effect said closing.
Should, upon examination, Purchaser find objections to the
Sellers' title, then Sellers shall be accorded a reasonable time
within which to cure the said objections, if any, and should
Sellers be unable with reasonable diligence to cure said ob-
jections, then in such event Purchaser may either accept the title
subject to said objections without abatement of the purchase price
or, in the alternative, cancel the within Agreement. No
cause of action whatsoever shall exist in favor of the Purchaser
by reason of the Sellers being unable to deliver the title as
herein contracted for.
In the absence of mutual agreement to the contrary, the
within sale shall be closed at the office of the City Hanager
of the City of Clearwater on or before such closing date herein
specified.
Sellers herein agree that they will pay all real estate
taxes levied against said premises for the calendar year 1965,
together with the cost of the title document contemplated by
the 'V'Ti thin Agreement; State and Federal documentary stamps upon
the deed of conveyance; the intangible tax upon the mortgage
contemplated by this transaction, together with recording fee;
also commissions, if any, payable to John Chesnut, Jr. of
Chesnut and Lee Real Estate, Inc. in connection with this trans-
action.
The Purchaser herein shall pay State documentary stamps upon
the promissory notes, if any required, and the recording fee of
the deed of conveyance.
Each party shall pay its own counsel fees or other minor
incidental costs of sale if not herein specified or incurred by the
herein parties.
IT IS UNDERSTOOD AND AGREED that the within Agreement embodies
the entire contract of the parties and that there are no repre-
sentations or warranties other than herein expressly stated by
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either of said parties.
IN WITNESS WHE~F the parties hereto have set their hands
and seals this ~t> - day of August, A. D. 1965.
delivered
urrv(y~(SEAL)
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SELLERS
CITY OF CLEARWATER, FI9RXDA~o
Attest:
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Signed, sealed and delivered
in presence of:
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A.pproved as to form and correctness:
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Oity Attor~
PUROHASER
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Form 1J22 Florid. MORTGAGE DEED For Pho,osta, Recording . -, TUTBLANX REG'STEREO us PAT, OFFICE
, From Co'po....on I Tuttle Law Pnn-r. Publishers. Rutland vr
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Wherever used herein, the term "party" shall include the heirs, perso1ULl represen,tative&,
successors and I or assiJ!rts of the reape,ctive parties hereto,. the use of the 8in~la.,. number
a/uUl include the plural, and the plural the singular; the use of any ~ende.,. shall include
all 4erulers; and, if uaed, the term Ii note" shall in.clude all the notes herein described if more
tho;n one..
Executed the 20th day of October A. D. 1965
by CITY OF CLEARWATER, FLORIDA, a Municipal corporation,
a corporation existing under the laws of the State of Flor ida
and havinf! its principal place of business at
Clearwater, Florida, party of the first part, hereinafter called the Mortgagor, to
ALFRED P. MARSHALL & JESSIE C. MARSHALL, his wife, as tenants in
common, and not as an estate by the entirety,
of the County of P inellas State of Florida
party of the second part, hereinafter called the Mortgagee,
Witnesseth, That for divers good and valuable considerations, and also in
consideration of the aggregate sum named in the promissory note of even date here-
with, hereinafter described, the said Mortgagor does grant, bargain, sell, alien, remise,
release, convey and confirm unto the said .Mortgagee, in fee simple, all the certain
tract of land, of which the said Mortgagor is now seized and possessed, and in actual
posse~sion, situate in P ine11as County, State of Florida,
descnbed as follows:
Lot four (4) less the West fifteen (15) feet thereof of
JEFFORDS AND SMOYER'S FIRST ADDITION to the Town of
~;Le:arwate;r, according to map or plat thereof as recorded
in Plat Book 7, Page 19, Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly .~
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p..aa,rt, also according to the corrected plat thereof -1
filed for record and recorded in Plat Book 4, Page 10 ~
of the Publie Records of Pinellas County, Florida.
ALSO
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Lots II A" and liB" of SUNSET COURT SUBDIVISION, according,,,,
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to map or plat thereof, recorded in Plat Book 21, Page .~
74, Public Records of Pinellas County, Florida; TOGETHER
with all right, title and interest in and to North Bay
Avenue as it abuts said Lots "A" and liB II ;
together with any and all tenements, hereditaments and appurtenances,
with every privilege, right, title, interest and estate, reversion,
remainder and easement thereto belonging or in anywise appertaining to
and in any and all of the above described real property specifically
including all rights conferred by the City of Clearwater by virtue of
a Resolution dated October 17, 1949, and recorded in Deed Book 1334,
Page 607 of the Publie Records of Pinellas County, Florida, and any
rights of the Grantors herein to any and all streets and alleys adja-
cent to the herein described real property.
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Amount ~,..3.d..t2,_~~::y_./p',2:.?:::,. 13__ ';/l<-~.H ~-/ 3~
O. SANFOHD JlISFEfi, TiiX C dect\.:i By ~f , /'1
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To Have and To Hold the same, together with the tenements, heredita-
ments and appurtenances, unto the said Mortgagee in fee simple.
And said Mort~agor does covenant with said Mortgagee that said Mortgagor
is indefeasibly seized of said land in fee simple; that the said Mortgagor has fu,ll
power and lawful right to convey said land in fee simple as aforesaid; that it shall be
lawful for said Mortgagee at all times peaceably and quietly to enter upon, hold,
occupy and enjoy said land; that said land is free from all incumbrances; that said
Mortgagor will make such further assurances to perfect the fee simple title to said
land in said Mortgagee as may reasonably be required; and that said Mortgagor
does hereby fully warrant the title to said land and will defend the same against the
lawful olaims of all persons whomsoever.
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Provided Always that if said Mortgagor shall pay unto the said Mortgagee
the certain promissy notef3 of which the following in words and figures "2tXtmrtx~
~ are true copies, to-wit: , qrg.::'1 . "I"' 1""/(\
OR C,,,t.Jt.) FA,,,::. ., t:J
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and shall perform, comply with and abide by each and every the stipulations, agree-
ments, conditions and covenants of said promissory note and of this deed, then this
deed and the estate hereby created shall cease and be null and void.
And the said Mortgagor hereby covenants and agrees:
1. To pay all and singular the principal and interest and other sums of money
payable by virtue of said promissory notd3 and this deed, or either, promptly on the
days respectively the same severally come due., as to each of the above notes,
each of which are and shall be independently hereby secured.
2. To pay all and singular the taxes, assessments, levies, liabilities, obligations
and encumbrances of every nature on said described property each and every, and if
the same be not promptly paid the said Mortgagee may at any time pay the same
without waiving or afJ-'ecting the option to foreclose or any right hereunder, and every
payment so made shall bear interest from the date thereof at the rate of four per
cent. per annum.
3. To pay all and singular the costs, charges and expenses, including lawyer's
fees, reasonably incurred or paid at any time by said Mortgagee because of the failure
on the part of the sa,id jj,f ortgagor to perform, comply with and abide by each and
every the stipulations, conditions and covenants of said prom,issory note and this deed,
or either, and every such payment shall bear interest from date at the rate of
four per cent. per annum.
4. To keep the buildings now or hereafter on said land insured in a sum not less
than None dollars, in a company or companies to be
approved by said Mortgagee, and the policy or policies held by and payable to said
Mortgagee, and in the event any 8um of money becomes payable under such policy or
policies, the Mortgagee shall have the option to receive and apply the same on account
of the indebtedness hereby secured or to permit the .Mortgagor to receive and use it, or
any part thereof: for other purposes, without thereby waiving or impairing any eqltity
lien or right under or by virtue of this mortgage, and may place and pay for such
insurance or any part thereof, without waiving or affecting the option to foreclose or
any fight hereunder, aWl. each and every such payment SllL.- ll'bear interest from date
at th~ rate:'of NO. per cent. per annum. I
--...- n 5. To permit, commit or suffer no waste, impairment 07' deterioration of said
p~o~e~ty o.~ ~ny part tl~reof ., "., .
6.' To. perform, comply w~th and ab~de by each and eLry the s~tpulatwns, agree-
ments, conditions and covenants in said promissory note and in this deed set forth.
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7. If any of said sums of money herein referred to be not promptly and fully paid
within thirty (30) dflYs next after the same severally become d,,te and payable,
or if each and every the stipulations, agreements, conditions and covenants of said
promissory note ftnd this deed or either, are not duly performed, complied with and
abided by, the said aggregate Sl"m mentioned in said promissory note shall become
due and payable forthwith or thereafter at the option of the .Mortgagee as fully and
completely as if the said aggregate sum of moneys then due in
dollars was originally stipulated to be paid on such day,
anything in sftid promissory note or herein to the contrary notwithstanding.
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8. The .Mortgagee may, at any time while' a suit is pending to foreclose or to reform
this mortgage or to enforce any claims arising hereunder, apply to the court having
jurisdiction thereof jor the appointment of a receiver, and sl,tch court shall forthwith
appoint a receiver of the premises and all other jJroperty covered here by, incb"tding all
andsinguZar the income, profits, rents, issues and revehues from whatever source de-
rived, and such receiver shall have all the broad and effective functions and powers in
anywise entru.<;ted by a court to a receiver a,nd such appointm ent shall be made by sl,tch
court as an admitted eql,tity and a matter of absolute right to said .Mortgagee, and
without reference to the adequacy or inadequacy of the va,lz~e of the property. nwrt-
gaged or to the solvency or insolvency of said Mortgagor or the defendants, and such
income, profits, rents, issues and revenues shall be applied by such receiver according
to the lien of this mortgage and the practice of'such court.
9. This mortgage is a purchase money mortgage, securing the unpai
purchase price of the mortgaged premises.
10. The present and subsequent holders of this mortgage agree with-
out cost to execute upon request of mortgagor such releases or docu-
ments as may be necessary to obtain release or cancellation of restric-
tions or reservations of record, if any, affecting all or any part of
the mortgaged premises.
In Witness Whereof, the said party of the find part has
caused these presents to be si~ned in its name by its ~~ it
Manager, and its corporate seal to be affixed, attested by its City Clerk
(Corporate .. the day and year above written.
seat.,',./:" ~'" " ,'.'/ CITY OF CLEARWA'FER,ir~~lhDA
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County of P INELLAS
I, an officer authorized to take acknowled~ments otd:~edsaccordin~ to the
laws of the State of Florida, duly qualified and actin~, HEREBY CERTIFY that
James R. Stewart R.G. Whi telJ.ead ~d JQe Turner, . ,
.' er and Ma or-Commlssloner '
respectwelfJJ::~~iiJi~i.E~E~ r CITY 6F CLEARWATER FLORIDA
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to me personally known, th~s day acknowled~ed before me that they executed the
~forl}~oi'0..~!!':()7.-tgat(3as8uch officers of said corporation, and that they affixed thereto
the official seal of Sltia- -coi'pora;tw7i; ana''TFURTHER~-CERTI-F-y,that'l-know the-
said persons makinff said acknowled~ments to be the individuals described in and
who executed the said mortga~e.
IN WITNESS WHEREOF, I he~eunto set my. "h(P,Ld an~ ~J1iJ'~"""""",."""".,',a"'.t,"','.;~,,,,,,'.">.,.,i'",.,'.,r;,:".,.,'..,',....,."..',',
Clearwater sa~d County and4fdte, th~s r< () T~ ...'.' """",'iH"";;:~'I~/;;"j ie,
day of October .11 D 19 65',/ '1 /? '. .,.i~''';,\", ,il,ij;1 i>....'V
, ... .:.~ ..I / ."""',:;,,i::","""';'" '/<;:}/\
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to, "./'~ '~','- ,'.,: ';, ' . ~t CJ r....f-'._. '" ':;-::,\':;' .
ota P " ,',~ " v,<!' " .. "'P.J.3\ \.~.
U w My(4)mm;S5;j)n:E~iP:r8~i.i~c. ~], lS6S.
C mmission Exp~.d Dy AIlJIl~can,S;u.rety~Co. Q,I'{.-'J, ','.
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3.13095B
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FROM CORPORATION
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Date
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ABSTRACT OF DESCRIPTION
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o,R"2253 F~E 80
Cl....uZ', .19.1:,Ua. Oat.ober 2 I 6\~"
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80,000.00
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Aft.r hDWlqr 1#. 1",. - or 1MiD... .~ (16) y_n
1:h.I'''~.X'. tlle Clft .~~... JI.OItXJ)A, . "J.oipal eo~ration,
p..t_ t.o pay --.. ,MI'IIJm ",. ...,.~,.I' C*d.., Bi.tIl&t.y ftou8.d
Dollar. (,feo.OM.H) _ --..J. Uaaul1..U .f DOt. 1<<la. "~ Five
t'b.O\Jllaad Douan(.',OOO.OO), ~~z with 1Id:."t at: ithe rat.e of
foU' per CftIlt. (4~.... ____ prJ.aejpal ... ........1n9 In. it1M ~o
t~_pa1d, ..14 1D~ ....fll't8 ..... .... ............lly on 'each
-'.11 ..lQ.... aad ~".." ..20 ......ftec .-til pa1<1. -...1 IU:irlcJ.pal
~Dt.. .bal1 " pUA,."q ....." ,.,.1" ~,of ... year .hUM,', , ',"er. lfth..e.t.
ahall acera. _, -.le Obll9atl_ -.clfte be...'.""''''''''
U...r ~ 1, 1N6. ,11 or IDlY pa..- o' the wi'th1n aot.e -.y
be ",,,,14 "1~", .....1*:r '-.. _'-h 1D1=......t. to d.... of ,.,..t.GDly.
I'repa,...t.a of 1.... t.bu,a1i .,o,t' ..... v1.", obU.at.. sball lie applt....
caW.e .. Pl. lut. _"'1'~..1.. 4_ _.re.......
.0.1&111....... a ........ of .,.QiftyC3e) .ayata *- Mk1a9 of any
~t. ben"', ~ ........1 or Pdt__.. or d._1lI1t. "'..14
pert" ill t.M 1teQIIa9 .. ..,.....t .".~ ........ a-=-in9 the
wltmlft D._ Mall . .. "".of ttha _War bar'" ..ito,le.atd
holde,. ~ 4..JIIIII aU ._ ..f..,..:lpal c:r iait.....i: ....1rd.1l9 UDpaid. to
'oft1lWl t;b Moo...... ...',.~, .. ~ nail .---t had Hen 1''-
q\l1Hd t.o ha..... .... lr&~l 'to&' neb 4atA. .
..,., abcntW tt. ~",.'O-MXY 'to _Uect. ttd8 ~. through lID
.1tt....y, ....... .. u. .........1', _"'l'ty or...... OlD thia
.... hen);)y ..... pay dl,..... of ... oo11eet.iOh. 1Dol\1dla9a
~1. .......... ,... ....'__n aaCI..sor~ ....r.lly val..
pr_taent _ "'JII..t:~ ...._ M4 a_t.o.o' prou.t. .an4 Dcm..payaent.
...,... ..... ' ".
wltoe.....
CIty - C\II~, I'LOIlIM
I s I Betty Russell
~ ,
I s I James R. Stewart
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It-a C It.yBuaageI'
_t.u-a1pad.a
(SIAL)
. ., '
I s I Beryl F. Sydnor
.,. ....ls/Joe Turner A
Iu ..yo.-c f nil' l..&.8Z'
fIlIAL)
Arl'Ifta
/s/ R. G. Whitehead
~ r' u,
Ita CU._> .3..._
AppMYad .. to Iota and. _iReta_I:' ",.)
. 1 ~~: -, , ..-~ . ~\ .: . :.
/sI Guy L. Kennedy, Jr.
1J1~~(",r,jl. t t:;J _ I
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Cl......r, PI_tela, Oetal:>er 20 ,
t,
After .ran.ry 1, "166. .. OR or beeol'. aix'tean (16) years (
th..-fter, the ClW _ "ABa. J'L08IDA,.. .un1c1plll oorporat.1oa,
p~. W pay_to ...... _"'.rtJ', 01' .... Eight.y'rho_and
Dollaft (f80,000.00) Ja .PRwlilla.llNmta O. .. 1... thu rlve
Who"." Doll.... t$S"ClOO.toJ.: i:OCJ~. with .......t. at 1:_ rat.e of
fov .. ...i: C...... __ priae""l ._ ....~1D9 irca. t.ime to
t1M .,.14, .... 1Dt.el'..,,.,..t. to be .... __...ual1y em each
Apr:U ~~9~Th'" oe"'Z'~~F.1t .....-.1' ...t.11 ..1<1., ,ADa_l priDe!pal
PIlYM8i1 __11 _paS4_;~J: ~ 0....,' , " 1'.., hereafter. tnt.Jre.t.
ahAll accrue on 1:1\1. obllf*t.10h ~-aii. hd'~f.
After ......., 1, lt46. .11 oa- aray pan of the vltth1n not.e uy
_ pnpa14 v1t:baUt.......lt.y... w1* iD1:-" t.o date of pIlP*lt only.
...~ of 1... __ a11.ot'tbe withJ.D_1l9a't1on ..11 be app1J.-
c.". h ~ "~ ,..t.al1..-a ~~~ 4.. .......1".
Default. tor .. ...104'., tll1rt.y (M. ~. in eH,aaking of .uy
~t hu"..s.I', ........,.....1 .. ......t.. or ....lIlt. for ..Jd
.-18I!l 1ft tlle Jr.eepUag' 0.'_.__.. 0'. ..-t.9apHCUrlD9 the
wi.hiIl aate &all at th4t.... of Ute '-W_ llenof .."t.le s.14
boldu .t.o 4._ 811 ._.~'"iRcipa1 Ol'ia....i: :r:~ia1ft9 UIlpa1d to
foIrtJlwith bee..1Il ... aDlll__h. .. tho. _b p.,..ac bad beea re-
qu1l"ei4 ~ haft .... .... ;Ia, bll for .cb 4M-.
Itow ...14 it. It.........auy w _Ueet t.1lJ.a .,.ot.a thrOWJh an
."taD8Y, e1t1ler 0:' .".....__... .--1~ or eo4o:r..r on thla
not.a bV-.y ..... co .. aU" c.U o~ .... ..11ect..lOft, '1ae1.ud1n9 a
Z'...._1. .t~t._~ .. _k... ... ...,....ra ...rally waive
....~t .... ....._t~":..~"' -.4 DClt.~~.( p&"Ot..n. '''- non~-..nt;
of 1:h:ia note. '
..",..
.1.......
cnw r:1I ~ l'LOP,p>>t
(s ( Betty Ru~s~p
.... II 1st James R, Stewart
I'" CU." ......1:'
Cauat:lQr.a.-.-I.
f. ~
(SIAL)
/ s / Beryl F. Sydnor
~ 1
ft. / s / Joe Turner
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It:. ......cc.a18:......r
<< S&N,.)
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/ s / R. G. Whitehead
I
Ita ct"y e1.a-k
~.. .. W fOI1l and
.............
/s~ Guy L. ~ennedy, Jr.
It-a ChI' A.~
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~ TUTBLANX REGISTERED us PAT..OFFICE
Form lU6 Fl~rida SATISFACTION OF MORTGAGE. 81164131. Tuttle Law Pnnt,Publlsners, Rut/afld. W
'](nowMDltnJll! thts)Jmmrts.
That ALFRED P. MARSHALL and JESSIE C. MARSHALL, his wife,
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the holders
of a certain mortgage given by
CITY OF CLEARWATER, FLORIDA,
a municipal corporation,
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ALFRED P. MARSHALL and JESSIE C. MARSHALL, his wife,
hp,arin!! date the 20th day of October , A. D.1965 ,recorded in
OjJicial Records'Book 2253 page 78 in the office of the Clerk of the Circuit Court
of Pinellas Co-unty, State of Florida,' given to secure the sum of
_ _ _ _ _ Eighty Thousand and no/ 100- _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - Dollars,
evidencea by one certain note , upon the following described
property, situate, lying and being in Pinellas County, State of
Florida, to wit:
Lot four (4) less the West fifteen (15) feet thereof of c.
JEFFORDS AND SMOYER' S FIRST ADDITION to the Town ~ ;2
of Clearwater, according to map or plat thereof as recordedw; ~
in Plat Book 7, page 19, Public Records of Hillsborough ~
County, Florida, of which Pinellas County was formerly a ;6;
c.::
part, also according to the corrected plat thereof filed for
record and recorded in Plat Book 4, page 10 of the Public
Records of Pinellas County, Florida.
AND
Lots "A" and liB" of SUNSET COUR T SUBDIVISION, according
to map or plat thereof, recorded in Plat Book 21, Page 74,
Public Records of Pinellas County, Florida; TOGETHER with
all right, title and interest in and to North Bay Avenue as it
abuts said Lots "A" and" B"
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ha1.;e received full payment of said indebtedness, and do hereby acknowledge satis-
faction of said mortgage, and hereby direct the Clerk of the said Circuit Court to
cancel the same of record.
Witness
A. D. 1981.
1'1 l6..-
day of October
our
hands and seal s this
Signed, Sealed and Delivered in Presence of;
()
''\, i;i-<<--r("-c~4/' d ,-<kr,-dt/I.'~~A;,L./
/.1011- (f, /!~~
State of Florid~ }
County of Pinellas
I HEREBY CERTIFY, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgments,
Alfred P. Marsha-llandJ essieC.-Marsnall,ffl-s-wife,--- ___d_______
to me well known to be
the per.'Wus described in and who executed the foregoing ,mtisfaction piece, and
they acknowledged before me that they executed the same for the
purposes therein expressed., ' ", ,'" ,',.' ,',.,":,
IN WITNESS WHEREOF, I have hereunto set my hand:~nd, 'afli~ed 'TniY official
seal at Clearwater , said County and State~;'th;is "14t,;~.,
day of October , A. D. 1981 ,~~? . ""'...,:,,,....,.,..',,). . ',,:: "l ,1.
01 Cash 11~ I:1c..--a;;J.".".. . . "
40 'Roc -:i tf----c.' ) X;tary P ltd.;S',",;X ,,' ?,'. ,':.J. tJ' '. no Ida a,U
,_ _ C .,.......',i.i.l':' .,":~';. 'i'Ay COf.1lI!iSSIO~, ,Expires g. t '1~
41 DS My omm~S8t07J;,:J.?J.;p7;r.f}S,. ~'L.~.UY: tp"""01 "'0 " r,,," ~y Comp,
'd'::,{i;:_~.~~ :'>':-::~>:r~::~,: '~";':':"~~:I,::_,:.,.:,i,":: " '/""~ l ,f -" '.r~ i , ~ ,,;, ,.:_' " " , ~:",," '... ."
43 lot "";'Y- -:; ~ CITY AtTd&i~~:~":;,t;"{)i;ifi'i€lf
Tot _ rt ~ ,l/-- CLEARWAT~'R~'}.!~OR!PA
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Form 88 '-MO~TllA,GE _~OTl!l.
I
I
TUTBLANX REGISTERED u.S. PAT. OFFIC~
Tuttle Law Prmr.Publishers,Rutland Iff
$80,000.00
Clearwater, Florida, October 20, 19~
After January I, 1966, and on or before sixteen (16) years
thereafter, the CITY OF CLEARWATER, FLORIDA, a Municipal corporation,
promises to pay unto ALFRED P. MARSHALL, or order, Eighty Thousand
Dollars ($80,000.00) in annual installments of not less than Five
Thousand Dollars($5,OOO.00), together with interest at the rate of
four per cent (4%) per annum on principal sums remaining from time to
time unpaid, said interest payments to be made semi-annually on each
April 20th and October ~ hereafter until paid. Annual principal
payments shall be paid on October ~ of each year hereafter. Interes
shall accrue on this obligation froInGa'te hereof.-u
After January I, 1966, all or any part of the within note may
be prepaid without penalty and with interest to date of payment only.
Prepayments of less than all of the within obligation shall be appli-
cable to the last installments coming due hereunder.
Default for a period of thirty (30) days in the making of any
payment hereunder, whether principal or interest, or default for said
period in the keeping of any covenant of the mortgage securing the
within note shall at the option of the holder hereof entitle said
holder to demand all sums of principal or interest remaining unpaid to
forthwith become due and payable, as though such payment had been re-
quired to have been made in full for such date.
Now should it became neeessary to collect this note through
attorney, either of us, whether maker, security or endorser on this
note hereby agrees to pay all costs of such collection, including a
reasonable attorney's fee. The makers and endorsers severally waive
presentment for payment, protest and notice of protest, and non-paymen
of this note.
Witnesses:
CITY OF CLEARWATER, FLORIDA
BY:
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Porm 88 . MOJlTG~Gl!J:NOO'l!Jo
$ 80,000.00
TUTBLANX REGISTERED U.S. PAT. OFFICe:
Tuffle Law Prmr, Publishers, Ru//and 1.1:
Clearwater, Florida, Oetober 20,
19~
After January 1, 1966, and on or before sixteen (16) years
thereafter, the CITY OF CLEARWATER, FLORIDA, a Municipal corporation,
promises to pay unto JESSIE C. MARSHALL, or order, Eighty Thousand
Dollars ($80,000.00) in annual installments of not less than Five
Thousand Dollars ($5,000.00), together with interest at the rate of
four per cent (4%) per annum on principal sums remaining from time to
time unpaid, said interest payments to be made semi-annually on each
April 20th and October 20th hereafter until paid. Annual principal
payments shall be paid on October 20th of each year hereafter. Interes
shall accrue-on this obligatio:hHfr6fn date hereof~
After January 1, 1966, all or any part of the within note may
be prepaid without penalty and with interest to date of payment only.
Prepayments of less than all of the within obligation shall be appli-
cable to the last installments coming due hereunder.
Default for a period of thirty (30) days in the making of any
payment hereunder, whether principal or interest, or default for said
period in the keeping of any covenant of the mortgage seeuring the
within note shall at the option of the holder hereof entitle said
holder to demand all sums of principal or interest remaining unpaid to
forthwith become due and payable, as though such payment had been re-
quired to have been made in full for such date.
Now should it become necessary to collect this note through
attorney, either of us, whether maker, security or endorser on this
note hereby agrees to pay all costs of such collection, including a
reasonable attorney's fee. The makers and endorsers severally waive
presentment for payment, protest and notice of protest, and non-paymen
of this note.
CITY OF CLEARWATER, FLORIDA
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'~ITY OF CLEARWATER
, Interdeportment CorrespandenCll Sheet
J
..:..;~
TO:
City Clerk
FROM:
Assistant City Attorney
COPIES:
SUBJECT: Purchase from Alfred P. Marshall, et ux
DATE:
October 28, 1965
The above transaction has now been closed and we attach herewith
the following documents:
Original Title Opinion.
Warranty Deed to City from Alfred P. Marshall, et ux, which
has been duly recorded in O. R. 2253, page 76, of the Public
Records of Pinellas County, Florida.
General Release of Restrictions executed by Alfred P. Marshall, et
ux, which has been duly recorded in O. R. 2253, page 75 of the Public
Records of Pinellas County, Florida.
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Quit Claim Deed from Alfred P. Marshall, et ux, to submerged
lands lying West of Lot B of Sunset Court Subdivision, which said
Deed should be recorded and a 30f State Documentary Stamp should
be affixed thereto.
Copy of Mortgage Deed dated October 20, 1965, duly executed by
the City of Clearwater.
Copy of Mortgage Note dated October 20, 1965, payable to Jessie
C. Marshall, which has been duly executed by the City of Clearwater.
Copy of Mortgage Note dated October 20, 1965, payable to Alfred
P. Marshall, which has been duly executed by the City of Clearwater.
Closing Statement
Original Affidavit of No Liens executed by Alfred P. Marshall, et ux.
Original Letter from Alfred P. Marshall, et ux, agreeing to assist
in cost of obtaining a release of oil and mineral rights reservations
from the Trustees of the Internal Improvement Fund.
fcITY OF CLEARWATER
- Interdepartment Correspondence Sheet
'I
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TO:
City Clerk
FROM:
Assistant City Attorney
COPIES:
SUBJECT: Purchase from Alfred P. Marshall, et UK
DATE:
October 28, 1965
Page 2
The following abstracts of title:
No. 2749, Clearwater Abstract Co., consisting of 3 sheets;
No. 24170, Guaranty Title &: Trust Co., consisting of 2 sheets;
No. 269, Pinellas County Title Co., consisting of 11 sheets; and
No. 269 in Book Form, consisting of 21 pages,
all purporting to show title to Lot 4, less the West 15 feet, Jeffords
and Smoyer's Addition, Plat Book 7, page 19; and
No. 5462, Tampa Abstract Co., consisting of 1 sheet;
No. 26386, Guaranty Title &: Trust Co., consisting of 9 sheets;
No. 51154 and 58183, West Coast Title Co., consisting of a
total of 9 sheets; and
No. 6848 in Book Form, Pinellas County Title Co., consisting of
47 pages,
all purporting to show complete chain of title to Lots "A" and lIB"
of Sunset Court Subdivision, Plat Book 21, page 74.
G. L. K., Jr.
R
Atts.
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 1348
CLEARWATER, FLORIDA 33517
October 20, 1965
OFFICE OF
CITY ATTORNEY
City of Clearwater
Clearwater City Hall
Clearwater, Florida
Re: Parcel A: Lot Four (4), less the West Fifteen (15)
feet thereof of Jeffords and Smoyer IS First
Addition to the Town of Clearwater, according
to map or plat thereof as recorded in Plat
Book 7, page 19, Public Records of Hills-
borough County, Florida, of which Pinellas
County was formerly a part, also according
to the corrected plat thereof filed for record
and recorded in Plat Book 4, page 10 of the
Public Records of Pinellas County, Florida.
Parcel B: Lots "A" and "B" of Sunset Court Subdivision,
according to map or plat thereof, recorded
in Plat Book 21, page 74, Public Records of
Pinellas County, Florida, together with all
right, title and interest in and to North Bay
Avenue as it abuts said Lots "A" and "B".
Gentlemen:
In accordance with your request, I have examined the following
ABSTRACTS OF TITLE purporting to reflect the title to the captioned property:
ABSTRACT OF TITLE NO. 2749, prepared by Clearwater
Abstract Company, Clearwater, Florida, consisting of
three (3) sheets, containing thirty-five (35) entries, covering
the period of time from the earliest public records of
Hillsborough County, Florida, of which Pinellas County was
formerly a part, through November 19, 1913.
ABSTRACT OF TITLE NO. 24170, prepared by Guaranty
Title and Trust Company, Clearwater, Florida, consisting
of two (2) sheets, containing nineteen (19) entries, covering
the period of time from November 19, 1913 through August
12, 1925.
~
. 'CITY',_ O,F C~E.ARWA TER "
-2-
pctober 20, 1965
ABSTRACT OF TITLE NO. 269, prepared by Pinellas County
Title Company, Clearwater, Florida, consisting of eleven
(11) sheets, containing forty-seven entries covering the period
of time from August 12, 1925 through January 31, 1935, and
also consisting of Pages One (1) through Twenty-one (21)
inclusive, covering the period of time from January 31, 1935
through August 25, 1965,
covering the title to Parcel A as described above, and
ABSTRACT OF TITLE NO. 5462, prepared by Tampa Abstract
Company, Tampa, Florida, consisting of one (1) sheet, con-
taining thirteen (13) entries, covering the period of time from
the earliest public records of Hillsborough County, of which
Pinellas County was formerly a part, through December 19, 1903.
ABSTRACT OF TITLE NO. 26386, prepared by Guaranty Title
and Trust Company, Clearwater, Florida, consisting of nine
(9) sheets, containing sixty-nine (69) entries covering the period
of time from the earliest public records of Hillsborough County,
of which Pinellas County was formerly a part, through February
3, 1926.
ABSTRACT OF TITLE NO. 51154, prepared by West Coast
Title Company, St. Petersburg, Florida, consisting of three
(3) sheets, containing fifteen (15) entries covering the period of
time from February 3, 1926 through February 5, 1927.
ABSTRACT OF TITLE NO. 58,183, prepared by West Coast
Title Company, St. Petersburg, Florida, consisting of six
(6) sheets, containing twenty-one (21) entries covering the
period of time from February 5, 1927 through July 31, 1930.
ABSTRACT OF TITLE NO. 6848, prepared by Pinellas County
Title Company, Clearwater, Florida, consisting of Pages One
(1) through Forty-seven {47}., inclusive, covering the period from
July 31, 1930 through August 25, 1965,
covering the title to Parcel B as described above.
Based on such examination, I find that title to said property appears
to be vested in ALFRED P. MARSHALL and JESSIE C. MARSHALL, his
wife, subject to the following exceptions and objections:
(1) SURVEY: Exception is taken to any state of facts which
might be disclosed by an accurate survey of the premises.
~
"CIT\ qF c"~~;A.RWATER',
-3-
octber 20, 1965
(2) PAR TIES IN POSSESSION: Exception is taken to the rights
of any persons in possession if other than the above named Owners.
(3) ZONING ORDINANCES: This property is located within the
corporate limits of the City of Clearwater, Florida, and is
subject to said Cityfs applicable zoning ordinances.
(4) REAL PROPERTY TAXES for the calendar year 1965.
(5) MECHANIC IS AND MA TERIALMANIS LIENS: Subject to any
unrecorded liens by mechanics or materialmen in connection
with the erection of any improvements upon said captioned
premises.
(6) Abstract of Title No. 269, Sheet No.4, Entry No. 17,
reflects a deed from the Trustees of the Internal Improvement
Fund of the State of Florida to Mrs. Nellie Candler of certain
submerged lands, said deed being recorded in beed Book 472,
page 496 of the Public Records of Pinellas County, Florida,
on June 2, 1926. The property included in the description of
said deed includes a portion of the real property propos ed to
be sold by Mr. and Mrs. Marshall and said deed contains the
following provis ions:
IISA VING AND RESERVING unto the Trustee of the
Internal Improvement Fund of Florida, and their
successors an undivided 3/4 interest in and title in
and to an undivided 3/4 interest in all the phosphate,
minerals and metals that are or may be in, on or under
the said above described lands, and an undivided 1/2
interest in and title in and to an undivided 1/2 interest
in all the petroleum that is or may be in or under the
said above described land, with the privilege to mine
and develop the same. II
Application should be made to the Trustees of the Internal
Improvement Fund for the State of Florida to obtain a release
of said mineral rights and reservations and I have requested
from said Board that the necessary application forms and
instructions be forwarded to this office in connection therewith.
. ..,..
CITY, OF' c:L1:;'ARWATER'l
-4-
1 October 20, 1965
(7) The plat of Causeway Business District as recorded
in Plat Book 20, page 7, of the Public Records of Pinellas
County, Florida, on December 7, 1926, contained certain
specified restrictions affecting said property. A portion
of this property was subsequently replatted as Lots A and
B of Sunset Court Subdivision. These restrictions provided
as follows:
1. No conveyance of this property shall ever be made
to any other person than Caucasian.
2. No building under two stories high or its equivalent in
height shall ever be erected on the property; second
story to cover not less than 30% of first floor area.
3. No residences, other than apartments and hotels, shall
ever be erected on this property.
On April 26, 1960, the Pinellas County Commission passed
a Resolution, which was recorded in O. R. 898, page 194,
of the Public Records of Pinellas County, Florida, vacating
portions of six plats specifically including portions of Causeway
Business District according to the plats recorded in Plat Book
20, page 7 and Plat Book 20, page 54 of the Public Records
of Pinellas County, Florida. This Resolution, together with
prior action taken by the City of Clearwater, vacated all of
the original and the replat of Causeway Business District
with the exception of the portions thereof previously replatted
as Sunset Court Subdivision, as recorded in Plat Book 21,
page 74 of the Public Records of Pinellas County, Florida.
I have requested and received from Alfred P. Marshall and
Jessie C. Marshall, his wife, the present owners of all
property included in Sunset Court Subdivision, an executed
General Release of All Re strictions imposed by the Plat of
Causeway Business District and affecting the title to said
Lots A and B of Sunset Court Subdivision and this instrument
should be recorded in the Public Records of Pinellas County,
Florida.
(8) Abstract of Title No. 26386, Sheet No.5, Entry No. 46 and
Abstract of Title No. 24170, Sheet No.1, Entry No.2, sets
forth a quit claim deed from H. B. Earthman and wife to
J. R. Jeffords and George R. Smoyer, dated November 3, 1913,
and recorded in Quit Claim Deed Record 2, page 477, of the
Public Records of Pinellas County, Florida, conveying Lot 4
of Jeffords and Smoyerfs First Addition. It appears that there
-
CITY,. qF C:L~ARW A TER 1
-5-
1 October 20, 1965
was a defect in the chain of record title to said Lot 4 of
Jefford and Smoyer's First Addition to the Town of Clearwater.
Based upon Florida Statutes, Chapter 95, Limitations of
Actions; Adverse Possession, specifically Section 95. 16,
Real actions; adverse possession under color of title;
requirements and Section 95. 23, Limitations vvhere deed
or will of record for twenty years or more, and Section
95. 17, Definition of possession and occupation under color
of title, and Florida Statutes, Chapter 712, Marketable
Record Title to Real Property, said defect does not materially affect
the marketable record title to said described real property.
In my opinion, a WARRANTY DEED properly executed by ALFRED P.
MARSHALL and JESSIE C.. MARSHALL, HIS WIFE, would convey a good and
merchantable title to this property, subject to the exceptions and objections
noted above. Said Warranty Deed should specifically include the following:
"together with any and all tenements, hereditaments and
appurtenances, with every privilege, right, title, interest
and estate, reversion, remainder and easement thereto
belonging or in anywise appertaining to a~d in any and all
of the above described real property specifically including
all rights conferred by the City of Clearwater by virtue of
a Resolution dated October 17, 1949, and recorded in Deed
Book 1334, page 607 of the Public Records of Pinellas County,
Florida, and any rights of the Grantors herein to any and all
streets and alleys adjacent to the herein described real
property. If
GLK:br
1
I
ALFRED ~ MARSHALL
ATTORNEY AT L.AW
SUITE 3
FIRST FEDERAL BUILDING
CLEARWATER, FLORIDA
TELEPHONE 442-2893
October 20, 1965
City of Clearwater
Clearwater, Florida
lie: Sale - Marshall to City of Clearwater
Gentlemen:
In consideration of the present acceptance of the conveyance
from my wife and me to you of the property contemplated by our
contract, subject to standard mineral right reservation in
favor of the State of Florida, we agree that we will financially
assist you in the cost of an application to the State of Florida
through the Trustees of the Internal Improvement Fund for the
release of these reservations, our pro rata cost if you elect
to join said application with your other adjoining land or the
direct cost if the application is for this property alone up
to and including the sum of $250.00.
Should the apparent cost of the application exceed '250.00 we
shall require consultation and our express agreement to partici-
pate in any excess.
We also call your attention to the fact that should the State
for any reason be unwilling to release the reservation that ve
deem the presence of the reservation nonetheless acceptable to
the City under our contract.
We assure you of our willingness to cooperate in any additional
way should our participation as Mortgagees be required.
Very sincerely~yours,
APH/eba
A1~~4
EYJ\~ ~. ~cU",.Q~O~
es ie C. Marshall ,
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I
Law Offices
COOPER, RIVES & BASKIN
1275 Cleveland Street
CLEARWATER, FLORIDA
)
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally appeared
ALFRED p~ MARSHALL & JESSIE C. MARSHALL, his wife,
who, being first duly sworn, depose
and say
in
1. That they are
Pinellas
the owner s of the following described property
County, Florida, to-wit:
Those certain lands described in deed from these affiants
to the City of Clea:rwater, Florida, dated October 19th I
1965.
2. That said property is now in possession of the record owners .
3. That there has been no labor performed or materials furnished
on said property within the past ninety days for which there are unpaid
bills for labor or materials against said property, except: NONE
4. That there are no liens or encumbrances of any nature affect-
ing the title to the property hereinbefore described, except: Taxes for the
year 1965, which these affiants will pay when the same are billed.
5. That it is hereby warranted that no notice has been received
of any public hearing regarding assessments for improvements by any
government 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 CITY OF CLEARWATER, FLORIDA, a Municipal corporation, its
agents, i\g)i;~i:,.or assigns to rely thereon.
,SWorn to and subscribed
. "oo-foI'e me this 19th day
of '~" t?stober -, A.D. 196 5
..2fciud 4'.{(/k
~-~ot~;y Public
My Commission expires: Nr:~I~~.~.e!,.'s, ta~ bf ,F,rO,'Tjd~al Carp
hftdtd B ~s'on"E~Pir~s Feb. 9, 196' ,
" m~lcan Swrety eEl, ef (Ii, '4\
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Law Offieel Law Officel
McMULLEN, RIVES and BASKIN , McMULLEN, RIVES and BASKIN
Fint Federal Building Fint Federal Building
CLEARWATER, FLORIDA ! CLEARWATER, FLORIDA
Closing Statement October 20 . 19~ Closing Statement October 20 , 19~
Seller: ALFRED P. & JESSIE C. MARSHALL : Seller: ALFRED P. & JESSIE C. MARSHALL
,
Buyer: CITY OF CLEARWATER. FLORIDA i
I Buyer: CITY OF CLEARWATER, FT.ORTDA.
Property Address: I Property Address:
County P ine11as City Clearwater County Pinellas City C'le';:!r'Arater
Legal Description: Lot 4 less W 15 ft. JEFFORDS Legal Description: Lot 4 less W 15 ft. JEFFORDS
& SMOYER'S FIRST AnDN. & SMOYER'S FIRST AnDN.
and and
Lots "A" & "B" SUNSET COURT SUB.PL.BK. Lots "A" & "B" SUNSET COURT SUB.PL.BK.
21 Page 74, Pinellas County Records I 21 Page 74, Pinellas County Records
plus appurtenances plus appurtenances
i
SELLER'S COPY A B BUYER'S COPY B A
DUE SELLER CREDIT BUYER DUE BUYER CREDIT SELLE
1. SELLING PRICE 169890 00 xxxxxxx xxx a. PURCHASE PRICE xxxxxxx xxx } 00
02. DOWN PAYMENT xxxxxxx xxx 1000 00 .b. DOWN PAYMENT 1000 00 xxxxxxx xxx
3, MORTGAGES: a.-Assumed by Buyer xxxxxxx XXX e. MORTGAGES: a.-Assumed by Buyer xxXXXXX XXX
b.-Executed bv Buver XXXXXXX XXX 160000 00 b.-Executed by Buyer he;.nnnn 00 xxxxxxx xxx
4, RENTS, pro rated None d. RENTS, pro-rated None
5. INTEREST, pro rated 1\1,..,....."'" c. INTEREST, pro-rated 11.1,...... "'"
6, INSURANCE: Fire xxxxxxx xxx , f. INSURANCE: Fire xxxxxxx xxx
Unearned None Unearned None
Premium Premium
Other xxxxxxx XXX Other xxxxxxx xxx
Unearned Unearned
Premium Premium
7, TAXES: To be pai by Se llers g.TAXES: ~ J be pc . 1: 'i SellE rs
a-Based on_days credit to Seller, or a-Based OIl-days credit to Seller, ~~
b-Based oD-days credit to Buyer W ~en sta tern nt iss ues b-Based OIl-days credit to BuverW en sta erne nt iss\ es
8. 195 City Taxes a b h. 195 City Taxes b a
9. 195 County Taxes a b i. 195 County Taxes b a
10. 195 Personal Taxes a b j. 195 Personal Taxes b a
11. k.
12. I.
13. m.
TOTALS 169890 00 16100( 1JIT TOTALS 161000 00 169890 00
14. Column "A" less Column "B" 1e;.1nnn nn xxxxxxx xxx n. Column "A" less Column "B" xxxxxxx xxx e;.1nnn nn
o t BALANCE DUE SELLER AAQn Inn xxxxxxx xxx o t BALANCE DUE SELLER xxxxxxx xxx 8890 00
SELLER'S EXPENSES OF SALE CHARGE SELLER BUYER'S EXPENSES OF SALE CHARGE BUYER
15. AbstractinlZ Charsres Prepai d o. Abstracting Charges
16. Attorney Fee p. Attorney Fees
17. Broker's Commission Senarate staterne t q. Escrow Fees "
18. Escrow Fees , r. Florida Revenue Stamps, on Note 240 00
19. Federal Revenue Stamps, on Deed 1 A'7 nn , I. Intangible Tax on Mortgalle
20. Florida Revenue Stamps, on Deed C;OQ 70 t. Recordinll Deed 7l 25:
21. Intanaible Tax on Mortllasre 320 00 a. Recording Mortgalle
22. Recordinl! Mortsrasre (5 Paqes) 6 00 v. Survey Charges
23. Survey Charges w. .
I
24. I x.
25. !
y. 241J.
.26, TOTAL EXPENSES TO SELLER 1.022 70 " .z. TOTAL EXPENSES TO BUYER $ 125
I
SUMMARY I , SUMMARY I
DOWN PAYMENT 0(2) Omit if $ BALANCE DUE SELLER (ot) $~.OO
Paid Sellor
( plus) BALANCE DUE SELLER · ( t ) $8,890.00 ( plus) BUYER'S EXPENSES (.z) $ 2 .25
(less ) SELLER'S EXPENSES · (26) $ NET CASH DUE FROM BUYER $
NET CASH TO SELLER $
Taxes and Insurance pro-rated as of None ,195-. taxes Tae8 and Insurance pro-rated as of None ,195_, taxes
based on year 195-. in the amount of $ i based on year 195_, in the amount 1 $
Abstract delivered to City of Clearwater , Abstract delivered to City 0 Clearwater
,
, I
Insurance Policies delivered to Insurance Policies delivered to "
Note, with cancelled stamps, to I Note, ,with .cancelled stamps, to
"Received a true c~ of above, check for Net Cash to SeUer, and hereby "Receive~ a true copy of above nnd hereby approve same and certify it
approve above an certify it correct." correct. ,
***NOTE: Sellers to pay 1965 taxes ***NOTE: Sellers to pay 1965 taxes
1n f'lll. in full.
,
COPYRIGHT. Lnwyers' Title Guaranty Fund, 1953 COPYRIGHT, Lawyers' Title GuullInty Fund, 1953
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PoilIt 022 F1oHd. MORTGAGB DBBD PotPho.ao'....c",dla. TUTBLANX ....,.U..D U,I ....T,D.."CIt
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ihi~JLdg. Dm.
WM""""r ...ed AmwiA, "'" Inm "ptVtg" IIlall iAclrMU ""', Min, lNR'Io1t4l ~8"kJtiOU,
'IUCU'O,.. aM / or ,un,... of "'" ,..,~"" pa.rliu MNJto; "'" .... of "'" Ilin/Ultu' """""'"
.hall ;,.cUuU "'" plwul, aM "'" plurol "'" Ilin/Ultu'; "'" "'8 of 1111/1 teMer .hall ;,.cUuU
..u t.1&dRo; aM, if ...m. "'" Inm "_" .hall iAclrMU ..u "'" ...,., AmwiA ducribMl if """"
u..... InN.
Executed the 20th day 01 october .d. D. 1965
by CITY OF CLEARWATER, FLORIDA, a Municipal corporation,
a corporation existin~ under the laws 01 the State 01 Flor ida
and havin!! its principal place of business at
Clearwater, Florida, party of the first part, hereinalter called the .Mort~a~or, to
ALFRED P. MARSHALL & JESSIE C. MARSHALL, his wife, as tenants in
conunon, 'and: Il'ot as an e s ta te by the en t irety ,
01 the County of Pinellas State 01 Florida
party olthe second part, hereinafter called the Mortgagee,
Witnesseth, That for divers good and valuable considerations and also in
consideration of the aggregate sum named in the promissory note of e~en date here-
with, hereinafter describe.d, the said Mortgagor does grant, bargain, sell, alien, remise,
release, convey and conf~rm unto the said .Mortgagee, in fee simple, all the certain
tract of, land" of wh.ich the said Mortgagor is now seized and possessed, and in actual
possesswn, s~tuate ~n P inellas County State of Florida
described as follows: "
Lot four (4) less the West fifteen (15) feet thereof of
JEFFORDS AND SMOYER'S FIRST ADDITION to the Town of
". ,~;Le;ji~at.e~"'f according to map or plat thereof as recorded
in Plat Book 7, Page 19, Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly
,., -R"agrjt, also according to the corrected plat thereof
. filed for record and recorded in Plat Book 4, Page 10
of the Public Records of Pinellas County, Florida.
ALSO
Lots "A" and "B" of SUNSET COURT SUBDIVISION, according
to map or plat thereof, recorded in Plat Book 21, Page
74, Public Records of Pinellas County, Florida; TOGETHER
with all right, title and interest in and to North Bay
Avenue as it abuts said Lots "A" and "B";
together with any and all tenements, hereditaments and appurtenances,
with every privilege, right, title, interest and estate, reversion,
remainder and easement thereto belonging or in anywise appertaining to
and in. .any and all of the above described real property specifically
inCluding all rights conferred by the City of Clearwater by virtue of
a Resolution dated OCtober 17, 1949, and recorded in Deed Book 1334,
Page 607 of the Public Records of Pinellas County, Florida, and any
rights of the Grantors herein to any and all streets and alleys adja-
cent to ,the herein described real property.
To Have and To Hold the same, together with the tenements, heredita-
ments and appurtenances, unto the said .Mortgagee in fee simple.
And said Mortgagor does covenant with said Morttagee that said Mortgagor
is indefeasibly seized of said land in fee simple; that the said M ortgaJor has full
power and lawful right to convey said land in fee simple as aforesaid; that it shall be
lawful for said .Mortgagee at all times peaceably and quietly to enter upon, hold,
I, occupy and enjoy said land; that said land is free from all incumbrances; that said
) Mortgagor will make such further assurances to perfect the fee simple title to said
land in said Mortgagee as may reasonably be required; and that said Mortgagor
does hereby fully warrant the title to said land and will defend the samealainst the
lawful c.laims of all perso7Ul wkomsOfJver. '
".
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...- I"",~",',' ,.,Pro,' vi,J!ed AlW-fYs that ilsaid .Mortgagor shall ~y unto, the said Mortgagee
f.t?- Certain p'I'Om'issy ncfe~ of which the following in wordl and figures t.ut.lurBc~
. ~ <. m8/1i;. are true cop iee. to..... it . -
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and shall perform, comply with and abide by each and every the stipulations, agree-
ments, conditions and covenants of said promissory note and of this deed, then this
deed and the estate hereby created shall cease and be null and void.
And the said Mortlagor hereby covenants and atrees;
1. To pay all and sintular the principal and interest and other sums of money
payable by virtue of said promissory notlS and this deed, or either, promptly on the
days respectively the same severally come due., as to each ox the above notes,
each of which are and shall be independently hereby secured.
2. To pay all and singular the taxes, assessments, levies, liabilities, obligations
and encumbrances of every nature on said described property each and every, and if
the same be not promptly paid the said Morttagee may at any time pay the same
without waiving or afl'ecting the option to foreclose or any right hereu,nder, and every
payment so made shall bear interest from the date thereof at the rate of four per
cent. per annum.
3. To pay all and singular the costs, charles and expenses, including lawyers
fees, reasonably incurred or paid at any time by said Mortgagee because of the failure
on the part of the said jJ,f ortgagor to perform, comply with and abide by each and
e7Jery the stipulations, conditions and covenants of said pron1,issory note and this deed,
. or either, and every such payment shall bear interest from date at the rate of
four per cent. per annum.
4. To keep the buildin!!s now or hereafter on said land insured in a sum not less
than None dollars, in a company or companies to be
approved by said Mortgagee, and the policy or policies held by and payable to said
Mortgagee, and in the event any sum of money becomes payable under such policy or
policies, the Mortgagee shall have the option t(J receive and apply th.e ,o;ame on account
of the indebtedness hereby secured or to permit the .Mortgagor to receive and use it, or
any part thereof, for other purpo.fles, without thereby waiving or impairing any equ,ity
lien or Titht under or by virtue of this morttage, and may place and pay for such
insurance or any part thereof, without waiving or affecting the option to foreclose or
any ri~ht hereunder, and each aIId m;ery ' such pallment shall bear iJd.;erest from date
GI VuJ l"tIJitrof None per' "en'. per anll"""" .
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Clearwater, Plor1da, October 20, 65
..!
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After January 1, 1966, and on or before lIixteen (16) years
thereafter, the CITY OF CLEARWATER, fLORIDA, a Municipal corporation,
promises to pay unto ALl'JUm I. MARSHALL, or order, Bighty Thousand
J)ollar. ($80.000.00) in annual installment.. of not. less than Pive
Thousand Dollar. (.5,000.00), toc;Jether with 1ntereat at ~e rate of
four per cent (4") per &nnwa on principal aum. remaining from time to
time unpaid, ..id intereat payments to be made seai-annually on each
April ..lQ-. and October 20 hereafter Uht.il paid. Annual principal
payment. ahall b. paid on October ...a.o.... of each year hereafter. Interest.
shall accrue on this obligation from date hereof.
Atter January 1, 1966, all or any part Qt the within note may
,4 be prepaid "1~out penalt.y and with .int.reat to date of payment. only.
Prepayments of le.. than al1. of the within obligation shall be appll-
, cable to the laet. 1n8talllDent. coming due hereunder.
Default. for a ~rlod of t.hirty (30) days in the making of any
payment hereW'lder, whether pr.1nc1pal or interest., or default tor said
period in the keeping of any covenant of the mortgage securing t.he
within note shall at: the option of the holder hereof entitle said
holder to demand all .\:IDa of principal or inter.st rema1ning' unpaid to
fortbvi t:h ):)ecom. due and payable, as thou9h auch payment had been 1''''
qu1red to ba",. b.en made in full for sucb date.
Bow ahould it beec..u. necessary to collect this note through an
attorney, either of a, "Whether lIlak.r, security or endorser on t.his
note hereby a9r... to pay a.11 coats of such collection, 1nc:lud1nqa
re.sonable at.torney-. f... !'he aa'ker. an4 endorsers ..verally walve
preaentaent for pa}Wellt. l'I:ot... u4not1oe of prot.e.t, ana Ilon~yment.
of thi. not.. .
Is / James R. Stewart
It.Cit.y "'89'e..
.,.(SIAL)
c~o,. CLBAJtWAUa, FL01ttnA
~ Is! Beryl F. Sydnor
Counur.ignech '
..1 s I Joe Turner
TI
Ita Mayor-c~~..ion.r
(lcaBAL)
AftBS'1'.
/ s / R. G. Whitehead
It:. , City Clerk
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Approved a. to fom ~
COlTectn...I' C" ., 'J
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_. ' , / sf Guy L. Kennedy, Jr.
XU' Cily- A'to&'Q~
!:i~~~m..I~,
. ,
80,000.00
.
,
Clearwater, Plorida, October 20,
65 t'
Aft.er January 1, 1966, and on or before sixt.een (16) years
thereafter, ~e CIW OF CLEARWATER, FLORIQA, a MW1iclpal corporation,
promis.. to pay unt.o aSSIe C. MARSHALL, or order, Bight.y 'l'housand
Dollars ($80,000.00) 1n annual inst.allments of not less than Five
Thousand Dollar. ('5,000.00), toget.her with 1n~ere8tatthe r.te of
four per cent (4%) per annum on principal sums remaining from time to
tilDe unpaid, said intere8t payment. to be lIlade semi.;.annually on each
April 20th and OCtober fOth hereafter until pa1cl. ; AI1nual principal.
payment. ahall be paid Oft OCtober, 20th of each year hereafter. Interest.
ahall accrue on this obli9~t.1on t'romdate hereof.
Aft.1" JanwU:yl,1966, all 01' any pan of the .wlth1n :note may
be prepaid without penalty and with inter.st to date of payment only.
Prepaymenta of 1... than all of the within obligation shall be appli- .
cabl. to the la.t In.tallllent. cClDing due hereunder.
Default for a period of thirty (30) days 1D the mald.nCJ of any
payment hereunder, vb.ther principal or inter..1:, or default for 8al4
per10d 1D the keeping of any covenant of the IIOr1:9'&ge ..curin9 the
within note ahall at the' option of the holder hereof entitle 8..14
bolder. t:o demand all 8U1U of principal orintereat. reaaining unpaid t.o
:forth,*lth become due and payable, ,as thouqb 8uch paymen~ ha4been re-
quix'ed to have been mad. 1ft full for 8uch dat.e..
ern' ~ CLBAllWATB..., I'LOJUDA
)low eould it'bec<D. nec...aryta collect this note through an"
attorney, e1ther 01. WI, Whether maker, secUrit.y or endor.er on th18
l1Ot.e hereby a9ft.. to paY"11 C08tS of sUch collection, includinga
rea.onule attom.yl.".~ Ibe _leera an4enCloraers severally waive
pr..entlDent for payaeDt,: fI"Ot.., an4 DOit1ce 01 p~.." and ftOD-p&ylMmt
01. tbl.n~.. '
nil /s I .James R. Stewart
It.aCity Manager
""
Is I Beryl F, Sydnor.
Couatal:'81gned.
BY. I s I Joe Turner
. J~. "'yor-c~iaslon.1' .
(SBAr,)
AftUT.
I siR. G.Whitehead
Ita Cit.yClel:k
APproved .. '0 fom aDd '
c:orrect.ne.8.
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/s{ Guy L. Kennedy, Jr~_'"J
lu CJ.~t At.to=ey
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~'5. fo permit, commit or suffer no waste, impairment 01' deterioration of said
.' 'proPf(r~o~ ~ny -part thfeot: I
6. To perform, comply with and abide by each and every the sitpulations, agree-
ments,conditions and covenants in said promissory note and in this deed set forth.
7. If any of said sums of money herein referred to be not promptly and fully paid
within thirty (30) dnys next after the same severally become due and payable,
or if each and every the stipulations, agreements, conditions and covenants of said
promissory note and this deed or either, are not duly performed, complied with and
abided by, the said aggregate sum mentioned in said promissory note shall become
due and payable forthwith or thereafter at the option of the ,Mortgagee as fully and
completely as if the said aggregate sum of moneys then due in
dollars was originally stipulated to be paid on such day,
anything in said promissory note or herein to the contrary notwithstanding.
8. The M ortiagee may, at any time while' a suit is pending to foreclose or to reform
this mortga,ge or to enforce any claims arisin!! hereunder, apply 'to the court having
jurisdiction thereof for the appointment of a receiver, and sl-tch court' shall forthwith
appoint a receiver of the premises and all other property covered here by, including all
andsing~lartheincome, profits, rents, issues and revenues from whatever source de-
rived, and such recpiver shall have all the broad and effective fu nctions and powers in
anywise entrullted by a court to a rec(dvera,nd.such appointment shall be made by slwh
court as an admitted eqz~ity and a matter of absolute right to said .Mortgagee, and
without reference to the adequacy or inadequacy of the va.lzte of the property'm,ort-
gaged or to the solvency or insolvency of said Mortgagor or the defendants, and such
income, profits, rents, issues and revenues shall be applied by luwh receiver according
to the lien of this mortgage and the practice oj'such court,
9. This mortgage is a purchase money mortgage, securing the unpai
purchase price of the mortgaged premises.
10. The present and subsequent holders of this mortgage agree with-
out cost to execute upon request of mortgagor such releases or docu-
ments as may be necessary to obtain release or cancellation of restric-
tions or reservations of record, if any, affecting all or any part of
the mortgaged premises.
In Witness Whereof, the said party of the jirllt part has
caused these presents to be sitned in its name by its RD~it
Manager and its corporate seal to be affixed, attested by its City Clerk
(Corporate' the day and year above written.
~eaJ : ~ ">> CITY OF CLEARWATER, FLORIDA
ity'Clerk
('.ounly of P INELLAS
}
"
I, an officer authorized to take acknowledtment,fJ of deeds accordin~ to the
laws of the State of Florida, duly qualijied and actint, HEREBY CERTIFY that
James R.Stewart R.G.Whi~~ad ~d Joe Turner, i i
' ' , and Ma or-Comm s oner '
respectwelf>>-~~ijj~itt B~ CITY OF CLEARWiTER, FLORIDA
to me personally known, this day acknowledted before me that they executed the
foretoint morttate as such officers of said corporation, and that they affixed thereto
the official seal of said corporation; and I FURTHER CERTIFY that I know the
said persons makint said acknowledtments to be the individuals described in and
who executed the said morttate.
IN W,.ITNESS WHEREOF,' I hereunto set my hfJ1Jdand, 0, ffick' l, s, .,", ',,' "t
Clearwater said County and /Si te, this //
day of October ,.;t. D. 1965 · ,/ d7>' .
ta P. ,,' ; ~, ~'. " .. a at lflntW
o u w My~mmlfl~;on Expires Dee. 21, 19"
My C mmiaaion E;t;piMM.td DY. ~n Suretl Co. 0 ij, '(JI
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1'01'1II III MORNA-Oil :<<OTJl.
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TUTBLANX '''OOSTERlO \,j,S PATO,"'Cl
Tuffle Law Prtnf,PublishBrs,Rufland Iff
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TUTBLANX '''IEGIST.REo u.s. PAT. O....ICE.
Tuffle Law Prmr.~bl1:Sh8rs,Rurland W:
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ALFRED R MARSHALL
ATTORNEY AT LAW
SUITE 3
FIRST FEDERAL. SUIL.DING
CLEARWATER. FLORIDA 33516
AREA CODE 913 January 30, 1969
TEL.EPHONE 442-2893
Mr. M. R. Stierheim, City Manager
City of Clearwater
P. O. Box 4748
CleaI~ater, Florida 33518
Dear ~~. Stierheim:
Mrs. Marst}.all and I thoroughly appreciate your most courteous
letter of January 13, 1969. We also appreciate the visit made
to 46 N. Osceola Avenue by you, Mr. Weimer and Mr. Battle on
January 22, 1969; 1 t is our hope that this visit may have been
of use and benefit to you and your associates in attempting to
resolve the problem surrounding additional automobile parking
facilities and what we believe tc be your earnest persona.l
desire to save as much of the natural beauty in the Park area
as is possible.
As indicated to you during your visit, we are planning to
comply with your requests to vacate the house at 46.N. Osceola
as early as possible and have now set a definite date of Fep-,
ruaryll, 1969 on which we will remove all of our personal
effects from the building; Mrs. Marshall, however, wishes to
have the house for Wednesday February 12, 1969 so that she
may have our cleaning woman do a bit of housecleaning in order
that it may be turned over to you in good clean condition.
On the matter of rental which will have accrued as of February
11, 1969, I calculate that we will have been in posseSSion for
a period of 22 days, and pro-rating this on the basis of a 30-
day month we would owe you ~91.65 - and a check in that amount
is herewith enclosed.
Again tha~~lng you for the courtesies you and your associates
have extended to us, we are
Sincerely,
APM/eba
Ene.
r;: C',(~< f. ----~~() ,i 1 ('J ::).!1:':'{/~
11fred P. Marshall
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October 19 ~ 1967
Judge AI lred P.. Ha.':,shall
Fir~t Federal Building
Cle_rwatar, Plorida
I
Dea~ Jud,. Marshall:
I
I
This will confirm our cOBversation of several weeks
ago to the effect tbat you may ,occupy the City's
dwelling at 46 N. Osceola Avenue from the present
expiration of the lease, October 20, 1967, on a month
to month basis witb an assurance of occupancy of three
.ooths at a monthly rental of $125.00, it being your
responsibility to look after tbe grou~d~ and buildings.
both in~erior and exterior.
Sincerely yours,
James R. Stewart
City Manager
'"
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