CHARLES & JEAN PHILLIPS
I
73181.047
I
D. F" 41:19 FAGE1313
Printed for'Lawyers' Title Guaranty Fund, Orlando, Florida
This instrument was prepared by:
William W. Gilkey
01 .he Law Office, 01
RICHARDS, NODINE, GILKEY, filE,
MEYER & THOMPSON, P ,A,
1253 Park Street
CLEARWATER, FLORIDA 33516
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lltfIarranty Beed (STATUTORY FORM-SKTION 689.02 F.S.I
m4is lJubruturr. Made this 28th day of December
CHARLES B. PHILLIPS and JEAN K. PHILLIPS, his wife,
1973 , iIll'twrl'n
of the County of Pinella.s , State of Florida
CITY OF CLEARWATER, FLORIDA, a municipal corporation,
, grantorO', and
/
whose post office address is p, 0, Box 4748, Clearwater, Florida 33518,
of the County of
Pinellas
, State of Flor ida
Zip:
, granteeO',
DIItturssrt4. That said grantor, for and in consideration of the sum of
-- - - - - - - -TEN- -- - - -- -- - Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol-
lowing described land, situate, lying and being in Pine lIas County, Florida, to-wit:
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The East Seventy-five (E 75') feet of Lot Two (2),
JEFFORD'S AND SMOYER'S FIRST ADDITION TO CLEARWATER,
according to the map or plat thereof as recorded in
Plat Book 4, Page 10, of the Public Records of
Pinellas County, Florida.
Subject to easements and restrictions of record.
FLORIDA I <=> f~ DOCUMENTARY
U) STATE OF VI r- ''')i,",.t ~/ SUR TAX ==
..... i!~.I~c1;~ FLORI A
...> DOCUMENTARY ,."'_"'~.. STAMP TAXI <1>-
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and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims
of all persons whomsoever.
4 "Grantor" and "grantee" are used for singular or plural, as context requires.
STATE OF FLOR IDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgroJiits,
appeared CHARLES B. PHILLIPS and JEAN K. PHILLIPS, his wife,
to me known to be the personS described in and who executed the foregoing instrument and acknci~iedgecl'bef~re'
me that they executed the same. ". ' . . ,
WITNESS my hand and official seal in the County and State last aforesaid this 28th day of Decemb~r
1973 . t,o~~ry 1',/.1'(, s:~,;o roC F:c,',J.:, at tc<rga ~ ,/p. .~
My commission expires: M,. Comr.:,",:,:,:>. c:..j>:~~s ~: "j, 29" 1 <J7~ Notary Public
nonJc:J l:,' Arnericc..:n 1.,:-::: Q Co;;u::.Jd, ....0,
Please return to:
J City of Clearwater
. Offlce of City Attorney
P. O. Box 4748
Clearwater, Florida 33518
( Seal)
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LAND CONTRACT
_ THIS AGREEMENT made and entered into this 3/Lc;( day of
cx!.Lp.ct'-~0.',u, A. D. 1973, by and between CHARLES B. PHILLIPS and
JEAN K. PHILLIPS, his wife of the first part hereinafter called
the Vendor, and the CITY OF CLEARWATER, of the second part herein-
after called the Purchaser,
WIT N E SSE T H :
That in consideration of the mutual promises and covenants
herein contained, and other valuable consideration passing between
the parties hereto, the Vendor agrees to sell and the Purchaser
agrees to buy the following described property, situate, lying and
being in Pinellas County, Florida, to-wit:
The East Seventy-five (E 75') feet of Lot Two (2)
JEFFORD'S AND SMOYER'S FIRST ADDITION TO CLEARWATER,
according to the map or plat thereof as recorded in
P~at Book 4, Page 10 of the Public Records of
Pinellas /'CoMIlty, Florida.
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Subjecttoeasem~~ts and restrictions of record.
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/ I The total purChr' ~ price of said property shall be the sum
o~ SEVENT,Y,' EIGHT TH"", ",OU ,AND SEVEN HUNDRED ($ 7 8 , 700.00) DOLLARS pay-
able at the times 9-n ' in the manner following:
$5,000.00 upon ithe execution of this Agreement to be held in
the escrow account of Richards, Nodine, Gilkey, Fite, Meyer &
Thompson, P~A.' until, final closing. The additional sum of
$17,800. 00 at the t/ime of final closing. The remaining balance
of $55,900.00 subject to adjustment for all prorations as herein
provided shall be paid at closing by Purchaser delivering to
Vendor a protnissory note in the amount thereof; said note to bear
interest at Isix (6%) per cent per annum payable in eight (8)
ii,
equal quarterly ipstallments plus interest with the first install-
rnent91ue threEf (3~ months from the date of closing. Said promis-
sory,note to ~e ~rcured by a purchase money mortgage on the
premlses.
IN CONSIDERATION WHEREOF the Vendor promises and agrees to
convey to the Purchaser by good and sufficient warranty deed con-
taining full covenants of warranty a fee simple marketable title
to said real estate above described, free and clear of all
encumbrances whatsoever except as herein otherwise provided.
L.AW OFFICES OF
The Vendor agrees to deliver to the Purchaser, as soon as the
same can be obtained with reasonable diligence, an abstract of
title to said real estate. Said abstract shall bring the title
down to the date of this contract, or later, and shall show a good
record, unencumbered fee simple title in the Vendor except as
herein otherwise provided. The Purchaser shall have fifteen days
after the delivery of said abstract for the exmaination thereof,
and within said period shall notify the Vendor in writing of any
objections to said title. If this notification is not given with-
in the time stated, then said title shall be conclusively deemed
to be acceptable to the Purchaser. In the event that the title
of the Vendor is not good and marketable, the Vendor shall have
a reasonable time thereafter to perfect the title and will in good
fai th exercise due diligence to do so; and if the defects are
not cured within a reasonable time, then the Purchaser may demand
a return of all earnest moneys paid by him and cancel this contrac
or waive the defects and accept the property without deduction
on account of said defects.
RICHARDS, NODINE,
GILKEY. FITE.
MEYER & THOMPSON, p, A,
CLEARWATER, FLOt~IDA
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Taxes for 1973 and prior years shall be paid by the Vendor.
Taxes for 1974 shall be prorated between the parties hereto as of
the date of possession which date shall not be later than June 1,
1974.
This sale shall be closed as soon as the abstract of title
has been examined by the Purchaser and Vendor's title found to be
as herein represented; and in any event the sale shall be closed
not later than December 31, 1973.
The time of payment shall be of the essence hereof, and upon
default in payment of any part of the purchase money as and when
the same becomes due, the Vendor may rescind this contract,
retaining the cash consideration paid therefor as liquidated
damages, and thereupon this contract shall become null and void.
Required documentary stamps shall be placed on the deed by
the Vendor. The intangible tax on the purchase money mortgage
shall be paid by the Vendor and the required documentary stamps
on the note secured thereby shall be paid for by the Purchaser.
In the event that it becomes necessary for either party to
I enforce this contract by legal proceedings, than all costs of such
Ii proceedings, including a reasonable attorney's fee, shall be paid
!I by the defaulting party.
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The obligations and benefits under this contract shall extend
to the personal representatives, heirs, and assigns of the res-
pective parties hereto.
The risk of loss or damage to said premises by fire or other-
wise, until the exchange of deeds, is assumed by the Vendor.
With regard to possession, Vendor shall have the right to
retain same until not later than June 1, 1974 as hereinbefore
provided and during said period, Vendor warrants that the premises
will be kept in good condition and property maintained, fair wear
and tear excepted.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Signed, sealed and delivered
in presence of:
~u~w lylt~~L
Iii. I&L~ ~tltryut~
As to Vendor '
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CLEAEWATER~ FLORIDA
By
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L.AW OFFICE.S OF
Wit~sses: .
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PURCHASER
RICHARDS, NODINE,
GILKEY, FIrE,
MEYER 8: THOMPSON. p, A,
CLEARWATER, FL.ORIDA
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D. R.4119 fAcf1314
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MORTGAGE DEED
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TIllS INDENTURE, made this 28th
day of December, A. D. 1973,
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
called the Mortgagor, and CHARLES B. PHILLIPS and JEAN K. PHILLIPS,
his wife, called the Mortgagee,
WITNESSETH:
That said Mortgagor, for and in consideration of the sum of Fifty..five
Thousand Nine Hundred Dollars ($55,900.00) to it in hand paid by the said
Mortgagee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Mortgagee, the following described land situate,
lying and being in the County of Pinellas, State of Florida, to wit:
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agreement and covenant of said note and of this mortgage, then this mortgage
The East Seventy-five feet (75') of Lot Two (2)
JEFFORDS AND SMOYER'S FIRST ADDITION TO
CLEARWATER, according to the map or plat thereof
as recorded in Plat Book 4, page 10 of the Public
Records of Pinellas County, Florida; subject to easements
and restrictions of record.
This is a purchase money mortgage.
State documentary stamps affixed to the original note and cancelled.
and the said Mortgagor does hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever.
PROVIDED ALWAYS, That if said Mortgagor shall pay to the said
Mortgagee a certain promissory note of even date, copy of which is attached
hereto, and shall perform and comply with each and every stipulation,
and the estate hereby created shall be void; otherwise the same shall remain
in full force and virtue.
and principal promptly when due; and to pay the taxes and assessments on
said property.
Should any of the covenants be broken, then saidnote and all
moneys secured hereby shall without demand, if the Mortgagee so elect ,
at once become due and payable and the mortgage be foreclosed, and all
-1-
~f~\)'" N .,..." ~ ,1ICHARDS, NODINE, GILKEY, F11t
MEYER & THOMPSON, P. A.
1253 PARK STREET
CLEARWATER, FLORIDA 33516
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o. R.4119 PAcE1315
costs and expenses of collection of said moneys by foreclosure or otherwise,
including solicitor1s fees, shall be paid by the Mortgagor, and the same are
hereby secured.
IN WITNESS WHEREOF, the City of Clearwater, Florida, a municipal
corporation, by and through its proper officials, has caused this mortgage to
be executed the day and year first above written.
By
.
Attest:
~~
'D puty City Clerk '
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this .;< ~d day of December, A. D. 1973,
before me personally appeared Picot B. Floyd, H. Everett Hougen, HesJon
BatesII a~e~tYbert M. Brown, respectively City Manager, Mayor-
Commis sioner, I Clty Clerk and City Attorney of the City of Clearwater, Florida,
a municipal corporation, to me known to be the individuals and officers
described in and who executed the foregoing mortgage and severally acknowledged
the execution thereof to be their free act and deed as such officers thereunto
duly authorized; and that the official seal of said municipal corporation is duly
affixed thereto, and the said conveyance is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written,
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NotarY Pu~llci, StOle of FlorIda at large
My Commission Expires Sept. 29, 1977
Bonded by American Fire & Casualty Co.
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MORTGAGE NOTE
I
D,~, 4119 fAGE1316
$55,900.00
Clearwater, Florida
December 28, 1973
FOR VALUE RECEIVED, the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, the Maker, hereby promhe. to pay to CHARLES B.
PHILLIPS and JEAN K. PHILLIPS, his wife, or order, the Payees, at such
place or places a. the Payees may from time to time designate, the principal
sum of Fifty-five Thousand Nine Hundred Dollars ($55,900.00) with interest
thereon at six per cent (60/Q) per annum from date until paid, in the following
manne r:
Commencing March 28, 1974, and continuing quarterly thereafter
-on'tbe- 28 thoay ofiJuchmonthtintlttlii. cob1igaUol[l.-paid-infUll,~theM.ker-- -
shall pay to the Payees the sum of $6,987.50, together with the interest
thereon.
All payments shall be first applied to the payment of interest and the
balance to the payment of principal. All or any part of the principal of thil
obligation may be prepaid at any time without penalty and with interest to
date of payment only.
This note is secured by a mortgage of even date and the same is
incorporated by reference herein.
Now should it become necessary to collect this note through an attorney,
the City of Clearwater hereby agrees to pay all costs of luch collection, in-
cluding a reasonable attorney's fee.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By
/s / Picot B. Floyd
City Manager
/ s / H. Everett Hougen
Mayor-Commissioner
Attest:
Approved as to form &: correctness:
/s / Herbert M, Brown
City Attorney
(s / Heston Bates II
Deputy City Clerk
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TUTB to.__'NX REGISTERED U. S. PAT. OFFICE
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That
CHARLES B. PHILLIPS and JEAN'K. PHILLIPS, his wife
the owner and holder
of a certain mortgage given by CITY OF CLEARWATER, FLORIDA, a
municipal corporation
to CHARLES B. PHILLIPS and JEAN K. PHILLIPS, his wife
beD//inA date the 28th day of December , .11. D. 19 73, recorded in
Ojftcial Records Book 4119 page 1314 in the office of the Clerk of the Circuit
Court of Pinellas County, State of Florida,. A'iven to secure the sum
of FIFTY FIVE THOUSAND NINE HUNDRED ($55,900.00) ----------.,----Dollars,
eviden,cedby one certa~n note , upon the following described
property, situate, lyinA and being in Pinellas County, State of
Florida, to wit:
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. The East Seventy-five feet (75') of Lot Two (2)
_._-- JEFFORDS AND SMOYER'S FIRST ADDITION TO
ct CLEARWATER, according to the map or plat thereof
-/--~ as recorded in Plat Book 4, page 10 of the Public
Records of Pinellas County, Florida.
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ha~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.
DIIUUt&& our hancJ3 and seals this
A. D. 19 '7 tc
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Q!pUtd!J pf Pine lIas
3J lIhrtbg Q!trttfy That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgments, .',
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CHARLES B. PHILLIPS and JEAN K. PHILLIPSL his lw.J~.'.'.f.e. ..,i...'..t.... ".. ....b'
to me wef~nown. (j' . e
the per~~onsde8cnbeirtn-aTid who executed the foregoing ,'1atisfac.trpl'!.jlki;~e,~,'~nd
they acknowledted before me that they executed th}~,"'Sff'fL;'f.!l~1';./"te:
th' d '4' '1." .:- "
purposes ere~n expresse "/.:. ~ ',.,. '\>L-;i,~.>"'-, ....
Ju. .ttuto .lJtr,ut. I have h~reunto set my hand a,,!,di.J,/1~ed~~"f;,Y ?~fJial
seal at Clearwater , smd County and State, th~s .::'''~~'Z:~I2;, ..... . -<. ,
~-:: "-vt.~~. ' A. D. 1.97 (;, . " ~........::':l\:: ~f'''';('~. -:;! .......:.'.
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My Commission Expires' .,!::'.:;':',~,
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MY CC'M'::,:::',,;:! [iR~:S AFR.lO, 1977
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MORTGAGE NOTE
I
$55,900.00
Clearwater, Florida
December 28, 1973
FOR VALUE RECEIVED, the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, the Maker, hereby promises to pay to CHARLES B.
PHILLIPS and JEAN K. PHILLIPS, his wife, or order, the Payees, at such
place or places as the Payees may from time to time designate, the principal
sum of Fifty...five Thousand Nine Hundred Dollars ($55,900.00) with interest
thereon at six per cent (6%) per annum from date u:fttil paid, in the following
manner:
Commencing March 28, 1974, and continuing quarterly thereafter
on the 28th day of such month until this obligation is paid in full, the Make r
shall pay to the Payees the sum of $6,987, 50, together with the interest
thereon.
All payments shall be first applied to the payment of interest and the
balance to the payment of principal. All or any part of the principal of this
obligation may be prepaid at any time without penalty and with interest to
date of payment only.
This note is secured by a mortgage of even date and the same is
incorporated by reference herein.
Now should it become necessary to collect this note through an attorney,
the City of Clearwater hereby agrees to pay all costs of such collection, in-
cluding a reasonable attorney's fee.
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:: stATE OF FLClRIDA.
0:> DOCUMENTARY'di STAMP TA)( t
..... ~E?T. o~ RE~ENUE t~, I
N ~ P.B,=DEC2S'73 ~:, ,2 ~ 83.8'5 I
= 10534 ".,.., J
By
A~~(
Deputy City Cler
n;1':D FOll~1 1 lOG' ,!In- 2/1'72)
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OPINION ON TITLE
RiCHARDS, NODINE, GILKEY, FITL,
MEYER_~ THOM!'SQ~_P,A. ___
(Attorney or Firm of Attorneys)
1253 Park Street
...-."".'-------",.
(Address)
Clearwater
,F1or1da 33516
and GUARANTEE OF TITLE (OWNER) br
La wyers' Title Guaranty Fund
Qualified ",ith QIId supervised by lruurance Cammunnner 01 FlorldJ>
ORLANDO, FLORIDA
__gI'IX_mQ]~;rJ:;.!~HWAT~LORIDA, a municipal corporation
Owner.
DcC'l..r(~d vnluc 01' property:
Effective daCe ot th1I document:
$-Z 8 , 700 ,_QQ________
December 28
18~ ..5: 11 P AK,
B;tSf'd on an eXllrp:lnation of the certified abstract ot title (or certifil!'d chain of ttUe and aD examtnaUon of the publ1c recordJI indicated
th('rdlYI. and an exn.rninaUon of the pubUc records subsequent to Ute period eovered by the ab8tract or cha1D of title, the undera.ned. .
mt:rr.ber (or .D. fhm composed ot members) of LAWYERS' TITLE GUARAl'-o"TY FUND, hereby renden the above named Owner th1II oplDJon and
.dVlse~ that. In t.he opinion of the undersigned, the estate or interest of th~ Owner 1D the real estate described In Schedule A hereof 15 the
iC:;t.l~t' or intcref;t. specified, in IJald Schedule A, and further .dv~ that, In tile opinion of the unden.igned, such estate or tDte:rest of the Owner
is CU:~ of aU encumbrances, UelUl, and other objections. except such encumbrance8. liena, and other objcctiODll U are 8boWD by Sehed.ule B
her<of. R~DS, NODINE, GILKEY, FITE, MEYER & THOMPSON, P. A.
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Member's Signature- ~
(SEAL)
January 11,
o. Ie SJcned
1974
GUARANTEE OF TITLE
IN CO~SIDF..RA'rION of the above name-d attorney at law (or firm of attorneys at law) havlng Qualified a. and be.1nI . member (or mem-
bers) of LA\\'YERS' TITLE GUARANTY FU~D, LAV.'YERS' TITLE GUAR.AJ'I.'TY FUND (a business trust UDdiPl' the provision of the Declara-
tion of Trust tUed WiOl the Secretary of Stak or Florida, at TaUahalR'e, Florida. on March 22, lu.47, and any amendmeQUI to the Declaration of
Trusl" ~ul~jed to tile Conditions herein, iUarantees to the Owner named above, the Owner'8 legal representative. heirs. and/or derues, that I::
the t.':~bt!? or j.nt('Test of the Owner specified in Schtdule ^ hereof 1D. the real f"state de5Crlbed in said Schedule A UI tree ot encumbrances.
lien<~< and OU11.'T objt;ctiong, except such encumbrances. HeM and other objection:t as are referred to In Schedule B hereof: and, IIUbjcct to the
COllditjon~ hen~in, WIll pay to t.he Own~r all I05~ or damage. in an amount not to exceed the amounl of the declared value of the property, a..:.
.s!;,h~~] ;ltHn;'~. PH' OWnt;T may sust.ain l)c(~a.w:~ of encumbrances, Hens, or other ObjectiOllll on or to the estate or interest of the Own('f that are
nCJt ex('.:pted jll. SdH'd1l1(~ H (0'(' ('xdudcd 1n tile Conditions) hereof. Th is guarantee shall become effective when the opin:lon above has been
dul:.- ~ignt..<.1 and ddivcred, by a Int.'lUber Cl.l LAWYERS' TITLE GUARANTY FUND,
n; -v,TL.....ESS WHEHEOF, LAWYERS' TITLE GUARA!\"TY FUND has caused this document to be exc.cutcd ,In itllO namt by it:::. Pres1dent
.md E,,:I,;cuth'(! S\!l.'rl~lary and H:::; !;cnl aI,fixed. all by direcLon ot its Board of Trust<<!s.
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Lawyers' Title Guaranty Fund
SERIAL
By t:::f~1 S-tLtif"
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__4.12-.__ OG
(MEMBER ltD.)
N~ 610094
md
SCHEDULE A
1. Tnc l:~t.l;t(' or intc'n~:,it nt OW[}(.T l'ov(:t:d by this dOCUITlent 15:
Fee Simple,
-, 1:""0,d ",viei,',,,,,: 01 OWllI"',' title is: Warranty Deed from Charles B. Phillips and Jean K.
Phillips, his wife, to City of Clearwater, Florida, a municipal
corporation, dated December 28, 1973, filed December 28, 1973, and
recorded in O.R. 4119, Page 1313, Public Records of Pinellas County,
Florida.
3. 'I'hl" r~nl estate on which this opinion is rendered and thilli gu.ranl~,e: 11 given 15 located in __".,___~.Jne llaE-______"__ __County,
F'lo[';da. ;}nd is describC'd n~:
The East Seventy-five
JEFFORD'S AND SMOYER'S FIRST
according to the map or plat
Plat Book 4, Page 10, of the
Pinellas County, Florida.
(E 75') feet of Lot Two (2),
ADDITION TO CLEARWATER,
thereof as recorded in
Public Records of
SCHEDULE B
7,
'l'nis {)pjn~{'lrJ and r.uar:ln~l.(., III ndditJon to any exceptions in the descrtption in Schedule A~3 hereof. is subject to:
.1. Ail t~Xl~S [or t!':e year or the ~ffecti\'e date of thJS opinlon and guarantee, unteSfi noted here that such taxe!; have
]t1r,"!1~""'\)~P"'-'1"!~ ~~~)...,1i~-''''-o.e. ......-0........
.., rL':'_~' t:Hlt 3.n =1:'C'aratc sun,'C',;.' or p~rsol1al inspection or the property disclosed or would h:tYe dlsclo3Cd.
l~....QO!I'~& +e~.-4JK:eiltflM('-" .~J'ft"'i_.....-I"'JWi,
.'. Zrmlng :md,.'~)r (,tllo'T r('~,trtrtj(m"l .Jmd prohibitions jmpo~~d by governmental auUIOJ'.lt:,..,
r:1~(H~~i:~~:::I~;;~;I<n:~::'~i'~~.;!t,;:~;i~:j~~~~. ll~~:l ;~.~?~~~,ge:nrl~m~~~~,c~~ ~~~~'fJ.~:g al~\..~hgo~~..t o~~rm~~~V~~~r~t;e~~~r~c;m~~~~r~Ule A.3, Other restr1cuons, t~E1~
No restrictions.
MORTGAGE from City of Clearwater, Florida, a municipal corporation,
to Charles B, Phillips and Jean K. Phillips, his wife, dated December
28, 1973, filed December 28, 1973, in O.R. 4119, Page 1314, Public
Records of Pinellas County, Florida, in the original principal sum
of $55,900.00.
h..npaid, 1973 taxes
were pa1d. ::
,I,
(FoJ:' oUter obJections or ex('('ption!; or fo: C'ontinuRtionl' attach ~"hlhits as TNluireod",)
CONDITIONS
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1. LAWYERS'TITLE GUARANTY FUND, hereinafter termed "The
Fund", shall have the right to, and will at its own expense, defend
the person, persons, corporation, or as..qociation to whom this guarantee
is issued, hereinafter termed "the Owner" (which term shall include
a lessee or a purchaser under contract, if such is the interest guaran-
teed as shown in Schedule A hereof, and shall mclude the legal rep.
resentatives, heirs and devisees of the Owner but shall not mclude a
purchaser from the Owner), in any action of ejectment or other action
or proceedmg founded upon a claim of encumbrance, lien, or other
objection which existed or is claimed to have existed prior in date
to the effective date hereof and not excepted in the description of
the property herein, nor by Schedule B hereof, nor by these con-
ditions; reserving, however, a continuing option of settling the claim
or paying this guarantee in full; and the payment or tender of pay-
ment to the full amount of this guarantee shall terminate all liabil-
ity of 'I'he Fund hereunder. It shall be the duty of the Owner prompt-
ly, upon learning of such a claim, to give The Fund written notice
thereof, addressing the notice to LA WYERS' TITLE GUARANTY
FUND, Orlando, Florida, with full particulars, and m case any action
or proceeding as, hereinabove menlioned shall be brought, it shall be
the duty of the Owner at once to notify The Fund thereof in writing,
by addressing, the notice as, above ,set forth, and The Fund shall have
the right to defend such 'action' or ,proceeding , in the name of the
Owner, in its own name, or in such a manner as The Fund may elect
and the l;iw mayal!ow. 'If such notice' of' claim shall not be .pven
with reasonable promptness, or if notice of suit ' shall not be given to
The Fund, by addreSsing It in Writing as above set forth; within seven
days after summons or other process in such action or proceeding
shaH be served upon the ,Owner, then all liability of The Fund in
regard to said claim,or the subject matter of such action or proceed-
ing shall cease andte:rminate; provided. however, that failure to notify
shall in no case prejudice the claim of the Owner if the Owner is
not a party to such action or proceeding, nor be served with SUIIllIlons
therein, nor have any knowledge thereof. By undertaking the defense
of any action or proceeding, The Fund shall not be deemed to have
admitted liability hereunder, nor shall it be thereby precluded, after
complete investigation and ascertainment of all material facts, from
questioning its liability. The Owner, whenever, requested by The Fund,
by its chairman, executive secretary, or attorney, shall aid in effect-
ing settlement, securing information and evidence, the attendance of
witnesses and in prosecuting appeals, but shall not voluntarily assume
any liability or interfere in any negotiation for settlement of any
legal poceeding, or incur any expense or settle any claim, without the
written consent of The Fund previously given, except at the Owner's
own expense.
2. Nothing contained in this guarantee shall be construed as guar-
anteeing agamst loss or damage:,(I) r~sultingfrom fraud on the pari
of the Owner; (2) by reason of the Owner' hot being a bona fide pur-
chaser for value; (3) resulting from defects, liens, encumbrances, ob-
jections to title, adverse claims, or other matterS (8) created, suffered,
assumed or agreed to,by the assured claimant; or (b) known to the lUIJ
~ sured claimant either at the date of the guarantee or at the date such
assured acquired an estate or mterest assured by this guarantee and
. ...,.. .not-disclosedw The-~ctOl'norshOWD.-bythetl1iJjlic records; (4) by
reason of the fact that the Owner contravened anybanltruptcy law
m acquiring the estate, or interest hereby <<uaranteed: (5) by reason
of any right of dower of the spouse, or homestead right'! of the spouse
and children of the Owner: (6) resulting from the refusal of any party
to carry out any contract to purchase, lease or lend money on the
estate or interest of the Owner; (7) by reason of the exercise of en-
forcement or attempted enforcement of any governmental police power
or any right of eminent domain over the property hereby guaranteed;
or (8) resulting from any encumbrance, lien or other objection arising
after the effective date of this guarantee.
3. If the Interest shown in Schedule A-I herein 18 a leasehold this
guarantee Is subject to all terms and conditions of said lease as describ-
ed in Schedule A-2, and the limit of.the liability of Th.e Fund under
this guarantee shall be: (1) The fair and reasonable value of the lease-
hold in excess of the rent,paid or to be paid for that pari of the
term of the lease thid is unexpired at the' time an adverse claim
on which. the Owner's right of recovery under this instrument is
established, and (2) the fair and reasonable value of any improve-
ments purchased or made by the Owner on the leased premises and
authorized by the lease, which said improvements~ if they pariake of
the nature of real property, for the purpose of this guarantee, shall be
considered as real and not personal property, and (3) the items pro-
vided for by paragraph 8 of these conditions provided, however, th,at
under no .cir-eumstances shall liabilityuof The-Fund under (1). and.(2)-
of this paragraph exceed the declared value hereof. If the interest
shown in Schedule A-I herein 18 that of purchaser under contract of
sale, then this guarantee shall be subject to all the terms and con-
ditions of the contract sale.
~
4. Notwithstanding any language to the contrary typed with the
description in Schedule A-3 herein, nothing contained in this guaran-
tee shall be construed as guaranteeing (1) title to personal property
even though the same may be attached to, or used m connection with
the real property described in Schedule A-3; (2) the title or rights of
the Owner in any property beyond the boundaries of the property de-
scribed in Schedule A-3 of this guarantee, or in any streets, roads,
lanes, alleys or other ways in or upon which said property abuts, or
to tide lands, or lands comprising the shores or bottoms or navigable
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waters, or lands beyond the harbor or bulkhead lines as established
by governmental authority; (3) riparian or littoral rights, or (4) title.
to filled in lands unless, following the description in Schedule A-3, a
speclflc statement shall be made that said property in whole or part
comprises filled m land and title thereto 18 guaranteed under this
guarantee, notwithstanding any condition prOvided in this guarantee.
5. No claim for damages shall arise under this guarantee except
under the several provisions and conditions herein, and then only
after an encumbrance, lien or other objection not excepted in the de-
sCription of the property herein, or In Schedule B or excluded by the
conditions of this guarantee has been adjudged by a final determina-
tion in a court of competent jurisdiction to be valid and effectual to
charge the real property described in Schedule A of this guarantee.
In litigated matters, The Fund shall always have and be entitled to
exercise the right of appeal to a court of last resort and so long as
the right remains open to it, there shall not be deemed to have been
a "final determination" of the questions at Issue. Provided, however,
If the decision of the trial court be adverse and of such a character
as to require supersedeas for the protection of the Owner pending
appeal, The Fund will, to, the extent of ,its pecuniary liability to the
Owner, supersede such adverse judgment 'or' decree. If ,supersedeas in
excess of Th.e Fund's liability is requked, It shall be the duty of the
Owner to. furnish such supersedeas, and The Fund' will not be re-
sponsible for any loss or damage resulting, from the failure of the
Owner to do so. In every case where liability of The Fund has been
fixed in accordance with these conditions, the loss or damage shall
be payable' within 30 ,days thereafter.
6. In case of any loss to the Owner by reason of a defect. llen,
or encumbrance affecting only a part of the guaranteed property, the
measure of damages which the Owner may recover under this policy
shall not be a greater fractional part of the declared value of the prop-
erty as stated in this guarantee than the proportion which the prop.
erty affected by such defect or encumbrance, exclusive of improve-
ments made thereon subsequent to the date of this guarantee, bears m,
value to the entire property covered by this guarantee. All payments
under this guarantee or under any guarantee issued to the Owner's
successor in title covering all or any part of the land described here-
in shall reduce the amount of the insurance pro tanto and no pay-
ment shall be demanded without producmg this guarantee for en-
dorsement thereon of such payment. If this guarantee be lost, in-
demnity must be furnished to the satisfaction of The Fund. Any loss
payable under this guarantee may be applied by The Fund to the
payment of any mortgage mentioned m Schedule B, the title to which
Is also guaranteed by The Fund, or which may be held by The Fund,
and the amount so paid shall be deemed a payment to the Owner
under this guarantee.
'7. Whenever The Fund has settled a claim under this guarantee
It shall be entitled to the rights and remedies which the Owner would
have had against any other person, persons, or property in respect
to such claim, had this guarantee not been ISS1.1ed and the, Owner
undertakes to-transfer or cauSe to' be tranSferred to The Fund such
rights, together with the right to use . the name of the Owner when
necessary for the recovery thereof, such rights of subrogation to vest
in The Fund unaffected by any action of the Owner.
8. The Fund will pay, in addition to the loss, all costs of court
Imposed on the Owner in litigation..J:.atr1ed _on by The Fund for the
Owner under the requirements of this guarantee but it will in no case
be liable for the fees of any counselor attorney employed by the
Owner, and the loss paid, exclusive of costs, shall in no event exceed
the amount of this guarantee.
9. In the event this Guarantee is issued m conjunction with a
Mortgage Guarantee or Policy any amount which may become pay-
able under this Guarantee shall. be automatically reduced by the
amount of any loss paid by The Fund or which The Fund shall become
liable to pay pursuant to said Mortgage Guarantee or' Policy.
16. In accepting this guarant~ the Owner accepts the same as
the contract of LAWYERS' TITLE uUARANTY FUND as a pure trust
and' not as a partnersh1p. Such acceptance shall constitute' an agree-
ment by the Owner with The Fund to look solely to the assets of
The Fund for damages and for performance of this guarantee. and
no member of The Fund and no trustee of The Fund shall be person-
ally liable on account of this guarantee.
11. If the Owner Institutes an action or suit on this guarantee,
it shall not be necessary to name the members of the Board of Trus-
tees, as the Board of Trustees of LAWYERS' TITLE GUARANTY
FUND, as defendants. In order to save the Owner the annoyance and
initial expense of ascertaining the names of the members of the Board
of Trustees and naming them and having them served with process,
it shall be sufficient merely to name LA WYERS' TITLE GUARANTY
FUND as defendant and it shall be sufficient ,service of process to
serve the Executive Secretary as such, or, m the absence from the
State of Florida of the Executive Secretary, Service may be made on
the Chairman of the Board of Trustees. Theteupon, the members of
the Board of Trustees shall, without raising the Issue of the suffici-
ency of naming of defendants and serving of process, appear as the
Board of Trustees of LA WYERS' TITLE GUARANTY FUND and the
action or suit shall proceed against the Trustees as such.
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RECEIPT
Received this :2';;~ay of &~
Alfred P. Marshall the following Abstracts of Title:
, 1965, from
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, cons isting 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;
INo, 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,
CITY OF CLEARWATER, FLORIDA
//
By
TO:
FROM:
COPIES:
SUBJECT:
DATE:
.,
) CITY OF CLEARWATER
, Interdeplrtment Correspondence She.t
City Clerk
As sistant City Attorney
Purchase from Charles B. Phillips, et ux ... Library Expansion Site
January 3, 1974
The above transaction was closed on December 28, 1973, and we attach
hereto the following:
___Affidavit of No Liens executed by Charles B. Phillips
and Jean K. Phillips, his wife, dated December 28, 1973.
---Title Insurance Commitment No. 208541 from Lawyers' ~..~
Title Guaranty Fund in the amount of $78,700.
-- Letter from Charles B. Phillips, et ux concerning payment
of 1974 taxes and date of possession.
JCopy of Mortgage Deed and Mortgage Note, dated December
28, 1973.
Closing Statement.
I
William Gilkey, Attorney for the Sellers, took the Deed to be recorded
at the same time as the mortgage and the same will be returned to the City
after recording. Mr. Gilkey will also furnish the title insurance policy
within a short time.
R
Atts.
G. L. K., Jr.
I
I
December 28, 1973
City of Clearwater
Clearwater, Florida
Re: Sale of East 75 feet of Lot 2,
Jeffords and Smoyer's First Addition
to Clearwater - Phillips to City of
Clearwater
Gentlemen:
Pursuant to the Land Contract dated December 3, 1973,
upon which closing is being held this date, we do hereby agree
to surrender possession of the premises to the City of Clearwater
not later than June 1, 1974; and that we will keep the premises
in good condition and maintain the property, fair wear and tear
excepted.
Further, that taxes for 1974 will be prorated as of the
date that we surrender possession.
Yours very truly,
~/
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I
TIllS INDENTURE, made this 28th
day of December, A. D. 1973,
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
called the Mortgagor, and CHARLES B. PHILLIPS and JEAN K. PIULLIPS,
his wife, called the Mortgageo,
WITNESSETHs
That said Mortgagor, for and in consideration of the sum of Fifty-five
Thouso.nd Nine Hundred Dollars ($55,900.00) to it in hand paid by the said
~.'!ort;-F\gee, the receipt whereof is hereby acknowledged, has granted,
'b~rgaincd and Bold to tho sa.id Mortgagee, the following described land situate,
lying and being in the County of Pinellas, State of Florida, to wit:
The East Seventy-five feet (751) of Lot Two (2)
JEFFORDS AND SMOYER'S FillST ADDITION TO
CLEARVlA TER, according to the map or plat thereof
a6 recorded in Plat Book 4, pago 10 of the Public
Recorda of PinellaB County, Florida; subject to easements
and restrictions of record.
Thin is a purchase money mortgage.
State documentary stamps affixed to the original note and cancelled.
and the said Mortgagor doos hereby fully warrant the title to said land and
will defend the [J:1.me a~ninst the lawful clnimn of all persons whomsoever.
PROVIDED ALWAYS, That if said Mortgagor shall pay to the said
Mortgagee n certain promissory note of even date, copy of which is attached
hereto, <'.nd oball perform and comply with each and every stipulation,
agreement and covenant of said note and of. this mortgage, thon this mortgage
and the estate hcreby created ahall be void; otherwise the same shall remain
in full force nnd virtue. And the said Mortgagor covcnanta to pay the interest
and princip~l promptly when due; and to pay thc taxcr: ~nd nnCCElcmcnt:J on
oaid property.
, ...
"~I
Should any of tha covena.nta be broken, then /Said note and nll
moncya fJecurcd hcrc:~)y 8h~1l withont demand, if the l.<i.ortea~cc 30 elects,
at once become clue and paY4ble nnd the mort:.:rn~c be forcclof1cd, nnd all
..I..
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cost. 1\na cxpcmfleltf collection of Raid money. by ft'rCc1ooure or othorwise,
hic1udlng tJol1cltort3 fcos, .lULU be paid by tho Mort",agor, and tho :lame are
hereby secured.
IN WITNESS WHEREOF, the City of Cl~arwater, Florida, 11 municipal
corporation, by and through its proper officials, has caused this mortgage to
be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
By
/s/ PicotB, Floyd
City Manager
/ s / H. Everett Hougen
Mayor-Commissioner
Attests
,Approved as ,to iorm &: correctness:
/s/ Herbert 1.1, Brown
City Attorney,
/s / Heston Bates II
Deputy City Clerk
ST ATE OF F LORlDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 28th day of December, A. D. 1973,
before me pereonally appeared Picot B. Floyd, H. Everett Hougen, Heston
Bates II alffl H:1-rbert M. Brown, respectively City Manager, 1.1ayor-
Cornmio9ionei;fClty Clcrlt and City Attorney of the City of Clearwa.ter, Florida,
a municipal corpor2.tion, to me known to be the individuals and officers
described in and who c:~ccuted the foreGoing rnortg<l[:,e and severally a.cknowledged
the CXi;!cution thereof to be their free act and deed as such officers thereunto
duly authorized: and that the official seal of said municipal corporation is duly
affixl~d thereto, and the Raid conveyance 13 the act and deed of said corporation.
WITNESS my sif,nature and official Deal at Clearwater in the County of
Pinelhn and State of Florida, the day and year last above written.
/s / Kathryn Green
Notary Public
:My Co~mtasion Expires:
-'1.-
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MORTGAGE NOTE
~ ,~
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Clearwater, Florida
December 28, 1973
$55,900.00
FOR VALUE RECEIVED, the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, the Maker, hereby promlle. to pay to CHARLES B.
PHILLIPS and JEAN K. PHILLIPS, h18 wll., or order, the Payeol, at such
place or places as the Payees may from time to time designate, the principal
Bum of Fifty-five Thousand Nine Hundred Dollar. ($55,900.00) with interest
th~reol1 at six per cent (6%) per annum from date untll paid, In the following
manne r:
Commencing March 28, 1974, and continuing quarterly thereafter
on the 28th day of such month until this obligation is paid in full, the Maker
01'.\3.11 pay to the Payees the sum of $6,987.50, together with the interest
thereon.
All paymenttJ shall be first applied to the payment of interest and the
halance to the payment of principal. All or any part of the principal of this
obligation lTIay be prepaid a.t any time without penalty and with interest to
date of payment only.
This note ill secured by a mortgage of even date and the same is
incorporated by reference herein.
Now should it become neces.ary to collect this note through an attorney,
the City of Clearwater hereby agrees to pay all costs of such collection. in-
cluding a reasonable attorney's fee.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By
/5/ Picot B, Floyd
City Manager
/5/ H. Eve rett Hougen
Mayor-Commissioner
Attest.
Approved a!.ll to {ol'm &: correctness:
/5/ Herbert M, BroWl
City Attorney
/5/ Heston Bates II
Deputy City Clerk
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AFFIDAVIT OF :70 LIE~:S
STATE OF FLORID~ )
ss
COJ~lY OF PINELLAS )
Before me, the undersigned authority, personally appe~red
Charles B. Phillips and Jean K. Phillips, his' wife,'
,who, being first duly sworn, depose
an9 'say
1. That the Yare the m.mer s of the follmving described
property located in Pinellas County, Florida, to-\vit:
The East Seventy-five (E 75''') feet of Lot Two (2),
JEFFORD'S ANQ SMOYER'S FIRST ADDITION TO CLEARWATER,
according to the map or plat thereof as recorded in
Plat Book 4, Page 10,. of the Public Records of
pinellas County, Florida.
2.
That said property is now in the possession of the
Owner.
3. That there have been no liens filed and no labor performed
.or materials furnished on said property for which there are unpaid bills
for labor or material for which valid liens could be filed.
4. That this Affidavit is made for the purpose of inducing
the City of Clearwater, Florida, a-municipal corporation,
, to purchase the above described property and make final payment therefor.
.5. That there is no outstanding unrecorded contract of sale,
deed, ronveyance or mortgage affecting the title to said property; that
no notice has been received of any public hearing regarding assessments
fo'rimprovements by any governmental agency \'lithin the past 90 days,
and there are no unpaid assessments due to any governmental agency.for
improvements or othen'lise. '
6. That no Notice
past 90 days.
within the
(SEAL)
(SEAL)
Subscribed and S'{dOrn to
before me this 1~ day
.]-fi~tI/10 V f V ,1973 ·
of
~~'.~U
Nota Public
Hy Commission Expires:
N....,).:Il.:J rrU;'~;::::J ;'7i'!.-~~-: ~.':"f rh:;,id~] at Large
t,1; Ci);'~;,~',:;::-:.~~,;1 :::':F!~'~::i ~~tt 29, 1;77
BondtJd ;;;)'- Ai"lv:;';':an fire t.. Casualty Co.
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LAW OFF'lCE9
I
RICHARDS, NODINE, GILKEY, F'ITE, MEYER & THOMPSON, P.A.
RICHARDS eUILDING
12153 PARK STREET
RALPH RICHARDS
WILLIAM E, NODINE
WILLIAM W, GILKEY
,",OHN D. FITE.
LARRY K. MEYER
DE.NNIS P. THOMPSON
CLEARWATER, FLORIDA 33516
(8131 ....3 -3281
JOHN E, SLAUGHTER, JR,
EMIL G, PRATESI
..I, MARVIN GUTHRIE
R, CARLTON WARD
December 28, 1973
PURCHASER'S CLOSING STATEMENT
Purchaser: City of Clearwater, Florida
Vendors: Charles B. Phillips and Jean K. Phillips, his wife
Property: E.75' of Lot 2, Jefford's & Smoyer's First
Addition to Clearwater
Purchase Price
To record Warranty Deed
State stamp for promissory note
$78,700.00
4.00
83.85
$78,787.85
Less:
Previously paid to Richards,
Nodine Escrow
5,000.00
Purchase Money Mortgage
55,900.00
60,900.00
$17,887.85
Cash balance due to close
1973 taxes were paid by Vendors. 1974 taxes shall be
prorated between the parties when the amount can be
ascertained and the actual date of possession is known.
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LAW OF'F'ICES
RICHARDS, NODINE, GILKEY, riTE, MEYER & THOMPSON, P.A.
RICHARDS BUILDING
12!13 PARK STREET
RALPH RICHARDS
WILLIAM E. NODINE
WILLIAM W, GILKEY
.JOHN D, F'ITE
LARRY K. MEYER
DENNIS p, THOMPSON
CLEARWATER, F'LORIOA 33316
(813) 443-3281
March 13, 1974
RECEIVED
.JOHN E, SLAUGHTER, .JR,
EMIL G, PRATES'
.J, MARVIN GUTHRIE
R, CARLTON WARD
MAR 18 1974
Mr. Guy L. Kennedy, Jr.
Assistant City Attorney
City of Clearwater
Ci ty Hall
Clearwater, Florida
<:ITY C~.
RE: Phillips Sale to City of Clearwater
Dear Guy:
Mr. and Mrs. Phillips are now surrendering possession
of the premises and enclosed herewith find all of the keys
to the property.
I notice in looking at the contract that taxes are
to be prorated as of the date of possession and I would
suggest that we use this date, March 13th, for that purpose.
I would also suggest that when the tax bill is re-
cei ved that you advis e me and we wi 11 remi t to the Ci ty a
check for Mr. and Mrs. Phillips' share of the 1974 taxes.
As the sale was closed prior to January 1, 1974, the
property did not qualify for homestead exemption. If there
is a tax bill, we will pay our share as of this date.
Mr. and Mrs. Phillips have made arrangements with
the Pinellas Central Bank for all payments under the mortgage
to be made there to be deposited in their account, same being
account No. 159 663 2.
Yours ~ y tu", ,
.. . Itll '1,fA
WWG/lg
Enclosures
cc: Mr. and Mrs. Charles Phillips
HAND DELIVERED
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I CITY OF CLEARWATER
Interdepartment Correspondence Sheet
_, ,_.'~......' ':10
TO: I'btaDce Director
FROM: A..btant C)Y Attorney
COPIES: City Clerk and lUght.of. Way Agent
SUBJECT: Purchase of Phillips Property - Library Extension
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DATE:
January 7, 1974
Attached hereto is copy of a letter from William W. Gilkey, Attorney at Law,
concerning the prepayment of the promis.ory note given a. part payment
of subject purchase.
Please note that Mr. Gilkey waat. as.urance that the note will not be prepaid
prior to January 1, 1975. Since the Right-of-Way Agent has previously
indicated this procedure wae satisfactory, we would presume that the quarterly
payments as set out in the note are satisfactory and you would not plan to
pay the total note before January 1, 1975.
Pleas. let m.e have your conunents on this request.
R
Att.
G. L. K., Jr.
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LAW OF'F'ICES
RICHARDS. NODINE. GILKEY. F"ITE. MEYER & THOMPSON. P.A.
'''CH''ADS BUILDING
_LPH AICH"ADS
WILLI""" E. NODINE
WILLI""" W. GILKEY
JOHN D. f'ITE
LARRY K. ""EYEA
DENNIS P. THO""PSON
1215.3 P"RK STREET
CLEARWATER, Fl.ORIDA 33!518
'8131 *'3-32B'
JOHN E. SL"UGHTER, JR.
E""IL G. PR"TESI
J. """AVIN GUTHRIE
A, c.t.RLTON W"RD
January 3, 1974
Mr. Guy L. Kennedy, Jr.
Attorney at Law
501 S. Fort Harrison
Clearwater, Florida 33516
RE: Phillips Sale to City of Clearwater
East 75' of Lot 2, Jeffords and Smoyer's
First Addition to Clearwater
Dear Guy:
I am writing to you with regard to the above referenced
matter closed in the office of the City Attorney on Dece~
ber 28th.
I am writing with regard to the provision in the promissory
note given as a part of the purchase price that permits the
City to prepay any amount at any time without penalty.
In my negotiations with Mr. Norman Seher, we made it
clear that an installment sale was necessary and the contract
of sale which I prepared did not provide for any prepayment
although it did not specifically prevent the prepayment.
Mr. Seher told me when we were negotiating the contract
that the City had no plans for the property in the immediate
future and that an installment sale would be perfectly alright
with the City so far as he knew.
The purpose of this letter is to make known these facts
and to obtain some assurance in writing from the City that the
note will not be prepaid prior to January 1, 1975. Any payment
after that date will be completely acceptable.
Awaiting your advice, I remain
WWG/lg
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Willi~~~Y
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