TAMPA & GULF COAST RAILROAD COMPANY (4)
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LD 90775
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5-12-60
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[t.R,
1017 PAGE 382
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761.2191
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THIS DEED, Made this' 3~ day of ~.., 1960, between
TAMPA & GULF COAST RAILROAD ,COMPANY,.a corpora'E1.on duly created and existing
pursuant to and by virtue of t~e laws of the State of Florida, hereinafter
called "Grantor"; arid CITY OF 'CLEARWATER, a municipal corporation duly
created and existing pursuant to and by virtue of the laws of the State of
Florida, hereina.:(ter sometimes called "Grantee"; and in the execution and
delivery of which the undersigned' NATIONAL BANK OF COMMERCE OF NORFOLK and
MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Trustees, join for the
respective purposes' hereinafter stated;
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WHEREAS, by deed dated May 21, 1959, Grilltor did grant andcorwey unto
Grantee the land hereinafter described subject to the lien, operation and
effect of (1) that certain Indenture of First Mertgage of Grantor dated
April 1,' 1913, to The Cont~ntal Trost Company and Thomas M. .Hulings, as
Trustees, as modified and ~ended by Supplemental Indenture dated as of the
14th day ef April, 1955, under which N~tional Bank of Commerce of Norfolk
is the successer and sole Trustee, and (2) that certain Indenture of. Improve-
ment and 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 sole Trustee;
and
WHEREAS, the aforesaid d~ed dated M~ 21, 1959, provided that the
property conveyed thereby would revert to the Grantor, its successors and
assigns, unless the Grantee performed on or before December 31, 1959, all
and singular the obligations and' undertakings imposed on it under that
certain &change Agreement made and entered into as of the 15th day of
July, 1955, by and between the City of Clearwater, Seaboard Air Line Railroad
Company, and Tampa & Gulf Coast.. Railroad Company, recorded in the Public
Records ef Pinellas County, Florida" in Deed Book 1548, at page 249, as
supplemented and modified; and
WHEREAS, the property conveyed by said deed dated May 21, 1959, has
reverted to the Grantor because of the failure of the Grantee to complete
certain fill work provided fer in the afcresaid Exchange Agreement cn or
before December 31,1959; and
WHEREAs, the aforesaid fill work has now been satisfactorily completed
and the parties hereto. desire to complete the exchange af preperty centempla-,
ted by the aforesaid Exchange .Agre~ent.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
($10.00) and other, geod and valuable censiderations,the receipt ef which is
hereby acknowledged, the Grantor,subject to. the terms and ccnditions
hereinafter set forth, has granted,bargained, sold, conveyed and confirmed,
and does by these presents grant, bargain, sell and convey unto the Grantee,
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O,R, 1017 PAGE 383
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LD 90775
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5-12-60
its successors and assigns, all those certain piec~s or parcels of land
located in the City of Clearwater, Pinellas County, Florida, more particular-
ly described as follows:
Lots 6,7, a and 9, :j.n Block '6' of Magnolia Park Subdivision
as, the sa.m,eappears of record in Plat Book 3, Page 43, of the
Public Records of Pinellas County; and being the same lots which
were conveyed to Grantor, byA.Po Marshall and ,wife, Jessie Co
MarShall, and Lo' To Gregor,y,Jro and wife, Belle So Gregory, by
deed dated October 10, 1924, recorded in De~d Book 238, Page 45,
of the Public Records of said Pinellas CoUnty; SAVING AND EXCEPT-
ING, HOWEVER, the tracks and other property of the Grantor located
on said land, and reserving unto the Grantor, its successors and
assigns, the right to continue to use said land, tracks and other
property thereon as well as the four tracks ,across Pierce Street
as platted until the expiration of thirty daYs after completion
of the constrtrction of the new team tracks in accordance with the
provisions of Article 1 (c) of the'aforesaid ,Exchange Agr~ement,
it being understood and agreed that any tracks and other property
of Grantor not remov.ed from the land herein cOl'lveyed and from
across Pierce Street as platted within said thirty day period
shall become the property of the Grantor and may be removed by it
at the expense of Grantoro '
TOGETHER with all and singular the rights, members, appurtenances and
hereditaments thereto belorrging or in any wise incident or appertainingo
TO HAVE AND TO HOLD the said premises unto the Grantee, its ~uccessors
and assigns, in tee siniple forever; SUBJECT, HOWEVER, to any and all
encumbrances, liens or restrictions affecting or attaching to said premises
on account of the prior conveyance thereof to the Grantee by the aforesaid
deed dated May 21, 19590
Except as to such matters as are set forth in the preceding paragraph,
tl1e, Grantor fully warrants title to the said land and will defend. the same
against the lawful claims of all persons whomsoevero
WHEREAS, the said property herein conveyed is subject to the li~,
operation and effect of that certain Indenture of First Mortgage of Grantor,
dated April 1,1913, to The Continental Trust Company and Thomas Mo Hulings,
as Trustees, as modified and amended by Supplementa:l Indenture dated as of
the 14th day of April, 1955, un:ier which National Bank of Connnerce of
Norfolk is the successor and sole Trustee, and that certaiil Indenture of
Improvement and Extension ,Mortgage of Grantor, dated September 1,1928, to
The Continental Trust Company and William J 0 CasW, as Trustees, under
which Morgan Guaranty Trust Company of New York is the successor and sole
Trustee; and
LD 90775
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[1,R,
1017 PAGE 384
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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 t~E;l Gran'j:;or, have consent-ed to join in
execution of this deed for the purpose of releasing said property from the
lien, operation and effect of said Mortgages;
NOW, TH~ORE, in consideratio;n of the premises and of the Sl.Ull of Five
Dollars ($5.00) cash in hand paid and of' other good and valuableconsidera-
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 +, 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, da.ted 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 s'ame, 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 COAST RAIIROAD COMPANY and NATIONAL
BANK OF COMMERCE OF NORFOLK, as Trustee under said First Mortgage, by their
respective Vice Presidents, and MORGAN GUARANTY'TRUST COMPANY O,F NEW YORK,
as Trustee under said Iniprovement and Extension Mortgage , by its Vice
Pres"ident or Trust Officer, have caused this instrument to be executed in
their names and their corporate seals to be nereunto affixed, attested by
their respecti.-ve Secretaries or Assistant Secretaries, the day and year first
.,~hove written.
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Signed, sealed and delivered
by Tampa & Gulf Coast Railroad
,C," omp~y" in,. the preeenj, or:
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LD 90775
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Signe , sealed and delivered
by Nat.ional<Bankof Commerce
of Norf'Olk~ as Truste in
the resence
Attest:
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'~~edi sealed and delivered
\ by Morgan Guaranty Trust
Company of New York, as Trustee~
in the presence of:
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O.R, 1017 PAGE 385
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NATIONAL BANK OF COMMERG;E OF NORFOLK,
TrUstee under Tampa & Gulf Coast
Railroad Company First Mortgage,
dated April 1, 1913, as modified and
amended,
By
MORGAN GUARANTY TRUST COMPANY, OF
NE.W YORK, Trustee under. Tampa
& Guiast Railroad. Company
ImPro, "ent and Ex:t,ension Mortgage
datedt r 1, 92$,
By
J. A. McCarthy T t fficer.
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O,R. 1017 PAGE 386
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LD 9CJl75
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5-12-60
S'rATE, OF VIRGINIA,
CITY OF RICHMOND.
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Personally appeared before me this
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to me well known to be the persons described in and who executed the foregoing
,~ day of ,~
and[.X:~~f
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19 60 ,
,
instrument as Vice President and
Secretar,y, respectively, of
TAMPA & GUlF COAST RAIIROAD CONrANI', a corporation, and to me well known to
be the Vice President and
Secretar,y, respectively, of said
corporation, wh9 severally acknowledged that they executed the foregoing
instrument as such Vice President and
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Secretar,y, respectively,
for and on behalf of said corporation, and as its act and deed, for th~
uses and purposes therein expressed; that they did s.o 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 the~tobjthe said
,
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Secre,tary, he
i being the proper custodian thereof.
'Witness my hand and official seal, the date aforesaid.
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' Notary Pubi .
My commission expires August 3, 1962
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10 90775 II STATE OF VIBGINIA, )
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5-12-60 I CITY OF NORFOLK. )
Personally appeared before me this 27th day of September ,
1960 , 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
NATIONAL BANK or COMMERCE OF NORFOLK, as Trustee under Tampa & Gulf Coast
Railroad Compa.rlY' 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 Cashier,
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
the 'proper custodian thereof.
Witness my hand and official seal, the date aforesaid.
ik-t 41, J#~
Notary P . ic.
Hy commission ~ires November I, 1963
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O.R. 1017PAGf 388 . ~
6-16-59'.
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LD 90775
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5-12-60
STATE OF NEW YORK, )
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COUNTY OF NEW YORK. )
Personally appeared before me this
::Jd day of &aI-~
,
19 60,
.I. A. 1cQutb7. '
and
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, to
me well known to b. the persons described in and who executed the foregoing
I instrument as Trust Officer and Assistant Secretary, respectively, of
I MORGAN GUARANTY TRUST COMPANY (:I NJ!.W YORK, as Trustee under Tampa & Gulf Coast
I Railroad Company Improvement and Extension Mortgage dated September 1, 1925"
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a corporation, and to me well known to be a '1'nst Officer and
Assistant Secretary, respectiTely, of said corporation, who seTerally
acknowledged that they executed the foregoing instrument as such
~rust Offioer and Assistant Secretary, respectively, for 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 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 Off1Q8J.
in the presence of said Assistant
Secretary, who is the prop&r custodian of said seal.
Witness my hand and official seal, the date aforesaid.
MARTIN ,. t ew Yor"
....~ tary publiC. SQtat~t in Nassau Co.
l....O 325600 u, y County
NO~?;~icatc ti\e~ :. ttar~b 30,19~, ;.
. 'on Il.Jtplf ' "
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~ commission expires