TAMPA & GULF COAST RAILROAD COMPANY (5)
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LD 96335
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5-16-60
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THIS J)EED9 Made this/l>;t;;;<' day of4~""r<,...-;t-' ,1960, between
TAMPA & GULF COAST RAILROAD COMPANY, a corporation duly created and existing
pursuant to and by virtue of the laws of the' State of Florida, hereinafter
called I1Grantor" 3 and CITY OF CLEARWATER, a municipal corporation duly
created and existing pursuant to and by virtue of the laws of the State of
Florida, hereinafter sometimes called I1GranteeU; and in the execution and
delivery of which the undersigned NATIONAL B{l.NK OF COMMERCE OF NORFOLK and
MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Trustees, join for the
respective purposes hereinafter stated;
WIT N E SSE T H:
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That for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable considerations, the rec~ipt of which is hereby
acknowledged~ the Grantor has granteda bargained, sold, conveyed and
confirmed~ and does by these presents grant, bargain, sell and convey unto
the Grantee3 its successors and assigns, all that certain piece or parcel of
land located in the City of Clearwater, Pinellas County, Florida, more
particularly described as follows:
The east '15 feet of Lots Two (2) and Thirteen (13) of
Block 6 of Magnolia Park Subdivision as the same is recorded
in Plat Book 3, Page 43, Public Records of said Pinellas County,
and being a portion of the land acquired by the Grantor from
Elnma A. Davidson by Tavel' Bayly, her lawful attorney-in-fact,
joined by James V. Davidson, her husband, by deed dated
May 3, 1922, recorded in Deed Book 224, Page 320, Public Records
of said Pinellas County; SAVING AND EXCEPTING, HOWEVER, the
track and track materials located thereon and reserving the
right to remove them within sixty (60) days from the date of
delivery hereof.
TOGETHER wit,h all and singular the rights, members, appurtenances and
hereditaments thereto belonging or in any wise incident or appertaining.
TO HAVE AND TO HOID the said premises unto the Grantee, its successors
and assigns 3 in fee simple forever, SUBJECT, HOWEVER, to any state of facts
that an accurate survey would disclose.
Except as to such matters of survey, the Grantor fully warrants title
to the said land and will defend the same against the lawf":ll' claims of
all persons whomsoever. '
WHEREAS, the said property herein conveyed is subject to the lien,
operation and effect of that certain Indenture of First. Mortgage of Grantor,
dated April I, 1913, to The Continental Trust Company and Thomas M.Hulings,
as Trustees, as modified and amended by Supplemental Indenture dated as of
the 14th day of April, 1955 Jl under which National Bank 'of Conunerce of
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O.R. 1031 PA~28
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LD 96335
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5-16-60
Norfolk is the successor and sole Trustee, and that c~rtain Indenture of
Irnprovementand Extension Mortgage of Grantor,dated September 1, 1928, to
The Continental Trust Company and William J . Casey, as Trustees, under
which Morgan Guaranty Trust Company of New York is the successor and Bole
Trustee; and
WHEREAS, the requirements for the release of said property from the
respective ,liens of said Indentures of FirSt Mortgage' and Improvement and
Extension Mortgage have been complied with, and the aforesaid successor
Trustees, at the request of the Grantor, have consented to join in
execution of this deed for the purpose of releasing said property from the
lien, operation and effect of said Mortgages;
NOW, THEREFORE in consideration of the premises and of the sum of
Five Dollars ($5.00~ cash in hand paid and of other good and valuable considera~
tions, the receipt of which is hereby acknowledged, the National Bank of
Commerce of Norfolk, as successor and sole Trustee of said Indenture of First
Mortgage, dated April 1, 1913, as modified and amended, and Morgan Guaranty
Trust Company of New York, as successor and sole Trustee of said Indenture
of Improvement and Extension Mortgage, dated September 1, 1928, do hereby
release from the lien, operation and effect of said Indentures of First
Mortgage and Improvement and Extension Mortgage, respectively, so far as
said Indentures may affect the same, the property hereinabove conveyed, and
they, the said Trustees, do hereby join in this deed for the purpose of
effecting such releases, but for no other purpose.
IN TESTIMONY WHEREOF, TAMPA & GULF 'roAST RAILROAD COMPANY and NATIONAL
BANK OF COMMERCE OF NORFOLK, a::;l Trustee under said First Mortgage, by' !-heir
respective Vice Presidents, and MOEGAN GUARANTY TRUST COMPANY OF NEW YORK,
,as~rustee under said ImprovEment and Extension Mortgage, by its Vice
:'Rr~sidentorT:rustOfficer, have caused this instrument to be executed in
li.he~',)name5.. and their corporate seals to be hereunto affixed, attested by
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th~1.:r<:~~$pective Secretaries or Assistant Secretaries, the day and year
; :'firs:t'~;ah()ve'writt en.
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B
~~gned, sealed and delivered
by,Tampa& Gulf Coast Railroad
Co in the presence of:
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Signed~ sealed and delivered
by National Bank of Commeroe
of Norfolk, as Trustee, in
the presence of L'
Attest:
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,,:Sigc;Eld~ sealed and delivered
<_",u '~;Morgan Guaranty Trust
C()lllpa.nyofNewYork~ as Trustee,
in the pres enc e of:
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G. J.h
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o.R.I031 ~
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NATIONAL BANK OF COMMERCE OF NORFOLK,
Trustee under Tampa & Gulf Coast
Railroad !Company First Mortgage,
dated ~pril 1, 191.3, as modified and
amended, --
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V' reeident.
MORGAN GUARANTY TRUST COMPANY OF
NEW YO K, Trust~e under TaJI!.pa,
& Gu oast Railroad Company
Impro entd Extension Mortgage
dated pte r I, 192$,
By
J.
rust Officer.
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D.R. 103~530 .
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LD 96.3.35
ssh
5-16-60
STATE OF VIRGINIA,
Clrr OF RICHMOND.
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Personally appeared before me this / jlr"'/C day of C.{~c/'. ;~'r
. L L Knight and E,L ll.~h~ Jf~
,
1960 ,
,
to me well known to be the persons described in and who executed the foregoing
instrwnent as Vice President and,---------'
Secretar.y, respectively, 01
TAMPA & GUIF COAST RAIIROAD COHPANY, a corporation, and to me well known to
be the Vice President and
Secretar.y, respectively, of said
corporation, who severally acknowledged that they executed the foregoing
instrument as such Vice President and
Secretar.y, respectively,
for and on behalf of said corporation, and as its act and deed, forth~
uses and purposes therein expressed; that they did s.o UIlderandby virtue
of authority conferred upon them by the Board of Directors of said
corporation, and that the seal annexedithereto is the genuine seal of , ,said
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. corpora.tion, and was affixed thereto bY. the said ----,,----_,-~,,'-------'-Secretary, he
being ;the proper custodian thereof.
Witness my hand and official seal, the date aforesaid.
My cOJIUIQ.ssion expires September 9, 1962
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fl~R~ 1031r^G~t
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LD 96335
ssh
5-16-60
STATE OF VIBGINIA, )
:
CITY OF NORFOLK. )
Personally appeared before me this 27th
day of September
,
19 60 J
Hugh P. Fortescue'
and Douglas L. Roberts
, to
me well known to be the persons described in and who executed the foregoing
written instrument as Vice President and Assistant Cashier, respectively, of
I NATIONAL BANK OF COOIIERGE OF NCIlFOLK, as Trostee under Tampa 8< Gulf Coast
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Railroad CompBnY' First Mortgage dated April 1, 1913, a corporation, and to
me well known to be the Vice President and the Assistant Cashier, respectively,
of said corporation, who severally acknowledged that they executed the
foregoing instrument as such Vice President and Assistant CashierJ
I respectively, tor and on behalf' of said corporation, and as its act and deed,
for the uses and purposes therein expressed; that they did so under and by
virtue of authority conferred upon them by the Board of Directors of said
corporation, and that the seal annexed thereto is the genuine seal of said
corporation and was affixed thereto by the said Assistant Cashier, he being
II' the, proper custodian thereof.
( Witness my hand and official seal, the date aforesaid.
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Notary B lic.
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November 1, 1963
LD 96335
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5-16-60
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D.R. ID3lPAGE 532
6-16-59#
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STATE OF NEW YORK, )
.
.
COUNTY OF NEW YalK.)
Personally appeared before me this
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19 60,
~_. lo McCarthy
, to
and
I [oj B. Kingsle,
.e well lmown to b. the persons described in and who executed the foregoing
instrument as Jrust Ott~, and Assistant Secretary, respectively, of
MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Trustee under Tampa & Gulf Coast
Railroad Company Improvement and Extension Mortgage dated September 1, 1925"
a corporation, and to me well known to be a
Trust Officer
and
Assistant Secretary, respectiTely, of said corporation, who severally
acknowledged that they executed the foregoing instrument as such
I~rust Offioer and Assistant Secretar,y, respectively, for and on behalf of
I said corporation, and as its act and deed, for the uses and purposes therein
I expressed; that they did so under and by virtue of authority c<:>nferred upon
them by the Board of Directors of said corporation, and that the seal
affixed thereto is the genuine seal of said corporation and was affixed
thereto by the said
Trust Officer
in the presence of said Assistant
Secretary, who is the proper custodian of said seal.
Witness my hand and ofricial seal, the date aforesaid.
M;y commission expires
-7
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i.' otary Publ
MARTIN J. THO SON
Notary Public. State of New, York
No. 30-9125600 Qual. it\. NallSau Co.
Certificate filed in N. Y. County ... .1" 11)'11"
~lDmiAion lixpir.. Marc:b '-101, l ~,.~" ,I ~:'" Ii; I,
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