DENNIS G & ISABEL CARLN
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 24-29-15-27000-000-1080
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009016143 01/23/2009 at 11:47 AM
OFF REC BK: 16477 PG: 957-961
DocType:EAS RECORDING: $44.00
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, DENNIS G. CARL & ISABEL CARL, husband
and wife ("Grantor") do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), easement over, under and across the following described land lying and being situate in
the County of Pinellas, State of Florida, to wit:
A DRAINAGE AND UTILITIES EASEMENT as legally described and depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof.
Containing 1010 sq. ft. or 0.023 acres, more or less ("easement premises")
This easement is for drainage and utility installation and maintenance in accordance with plans and
specification of Pinellas County project SFN 1391 - ALLEN'S CREEK EROSION CONTROL FROM BEVERLY
CIRCLE TO MAGNOLIA DRIVE -- P.I.D. #836. The CITY OF CLEARWATER, FLORIDA, shall have the right to
enter upon the above-described premises in cooperation with Pinellas County to construct, install and
subsequently maintain therein stormwater drainage improvements and facilities and to inspect and alter such
stormwater improvements and facilities from time to time. Grantee shall be solely responsible for obtaining all
governmental and regulatory permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of
these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the easement premises by Grantee.
U:\Easements\ALLEN'S CRK (CARL) D & U EAS 0608.doc
Page 2 - Drainage & Utility Easement
Grantor: Carl
Grantee: City of Clearwater
RE: 24-29-15-27000-000-1080
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
day of ?AQ C Q? , 2008.
Signed, sealed and delivered
in the presence of:
? ? ` dr fTrlP C e>,(?
WITNE signature
tAfl+ a vi n/
rint fitness Name f tom'
WIT S at re
Print Witnes Name
STATE OF CALIFORNIA
: ss
COUNTY OF LOS ANGELES :
Dennis G. Carl
Is el Carl
Before me, the undersigned authority, personally appeared Dennis G. Carl, a married man, who
executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed for
the use and purposes therein set forth, and who [ ] are personally known to me, or [ ] who did provide
as identification.
Notary Public - State of California
_?Ica `PV-- Amtlb-r`mc?K F
Type/Print Name
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
My commission expires:
Before me, the undersigned authority, personally appeared Isabel Carl, a married woman, who
executed the foregoing instrument, and who acknowledged the execution thereof to be her free act and deed for
the use and purposes therein set forth, and who [ ] are personally known to me, or [ ] who did provide
as identification.
Notary Public - State of California
Type/Print Name
My commission expires:
WEasements\ALLEN'S CRK (CARL) D & U EAS 0608.doc
ACKNOWLEDGMENT
State of California
County of LO?>1?_ )
On u-'!--;r OZ-11 '20M before me, _T ;l J :fi N A'I QTAJU _tPU&I (insell name and t le of the officer)
personally appeared 1 ??itC•l L-fti KNI) 7 K 1-
who proved to me on the basis of satisfactory evidence to be the perso s whose nam s is _re
subscribed to the within -instrument and acknowledged to that xecuted the same in
Ike ei authorized capacit'A & and that by iii he ignature s on the instrument the
persono or the entity upon behalf of which the person s(?acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MACY Fh*0
CC"W* bn 1647740
-Notary RA ft CGW0Mk3
lo: ArgeMs County
Signature
(Seal)
PINELLAS COUNTY PUBLIC WORKS
OMSION OF SURVEY AND MAPPING
22211 U.S. HIGHWAY 19 N.
CLEAMATER. FLORIDA 33755-2347 Pine ft
SECTION(S) 24. TOWNiSMP 29 SOUTH. RANGE 15 EAST
Additions or deleti" by other than the Protesoonol Land So6"cr in reapansible charge is prohibited.
Land Description is invalid without signature and/or embmsed sed of the Professional Land Surveyor PUBLIC WORKS
DESCRIPTION
A triangular shaped tract, being a portion of Lot 108, FAIR OAKS SECOND ADDITION Subdivision, according to the
plot thereof, as retarded in Plot Book 47, Page 49, public records of Pinellas County, Florida, in the Northwest
1/4 of Section 24, Township 29 South, Range 15 East, Pinellas County. Florida. being described as follows;
Commence at the Northeast corner of said Lot 108, run N 89'18'54"W along the North line of said Lot 108, for a
distance of 131.43 feet to the POINT OF BEGINNING; thence S 16'50'28"W, for a distance of $5.31 feet to the
Southwest corner of said Lot 108; thence N 00'03'18"E along said West line, for a distance of 81.95 feet to the
Northwest corner of said of Lot 108; thence S $9' 18'54"E along said North line, for a distance of 24.54 feet to
the POINT OF BEGINNING.
CONTAINING; 1010 square feet or 0.023 acres more or less.
BASIS OF 6EARIINGS_ l3eorings indicated are on an assumed meridian based on the North line of Lot 108. FAIR
OAKS SECOND- ADDITION- Subdivision, occording- to =the plot--thereof. as recorded in Plot Book 42-1 Pogo 49i public------
records of Pinellas County, Florida, being N 89"113'54"94.
SKETCH--NOT A SURVEY
? j
POINT OF COMMENCEMENT
NE CORNER LOT 108
POINT OF BEGINNING
Q
.. 2
J' L4 L1
a
SCALE IN FEET
FAIR OAKS L+?1 1 40'
SECOND
J
`o .?.. PLAT BOOK A7. PAGE 49 3
LOT 108 D 40
j . POd1
5' EASEMENT FOR UTILITY PU
RPO5I5
I
CALCULATED BY the above Sketch a fond description was prepared under my supervision and is true Ond
HFO correct to the best. my knowledge and belief.
CHECKED BY: r Rubric Works p
-jog
S F N t DATE 7 -:a Jj
11 39 S ?TEQFFFOORIS. l P D SURVEYOR CEf FATE NUMBER: 6383
LINE TABLE
LINE
LENGTH
BEARING
L1 131.43 N89'lf3'54"W
L2 85.31 516'5O'26"W
l3 81.95 NOO'03' 1 B"E
L4 24.64 5$9'1$'54"E
tAHlk311 ""'•
SHEET 1 OF I Parcel No.. p001
CONSENT & JOINDER
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of that certain Mortgage lien and that certain Second Mortgage lien given by Dennis G.
Carl and Isabel Carl, husband and wife, as described in the referenced instruments dated June 11,
2007, as recorded respectively in Official Records Book 15876, Pages 2135 -- 2153 and 2154 - 2176,
Public Records of Pinellas County, Florida; does hereby join with Grantor/Mortgagor and consents to
the grant of easement as conveyed herein to the City of Clearwater, Florida; and hereby subordinates
all of its right, title, interest and claim in the lien evidenced by aforesaid instruments and all other
instruments of security, as described therein to the easement rights as conveyed by Grantor/Mortgagor.
COUNTRYWIDE HOME LOANS, INC., .
a New York corporation authorized to conduct
business in the State of Florida
By:
Print N e 4's LN
Title
STATE OF eYjq 5
COUNTY OF a.J I&S ss
The oregoin 'nstru nt was acknowledged efore me is 41y of Ooue,',bQc
2008 by , as. V hC of
Countrywide Home Loan nc., a New York corporation authorized to conduct business in the State of
Florida, mortgagee in the above-described liens, who, being duly authorized, executed this instrument
on behalf of said entity, and who acknowledged the execu on thereof to be h free act and deed for
the uses and purposes therein expressed, and who [s personally known to me or who [ ] did
provide as identification.
(? U I L QPN---, My Commission Expires: - r? vl a Notary Public - St a of
mcoy" i2 Type/Print Name
KAREN R SHUM
My caa"6110n EXPW
Muffy 14, 2012
WEasements\ALLEN'S CRK (CARL) D & U EAS 0608.doc
signature
wit le
444
Print nil
name
v
L
11 AFFIDAVIT OF NO LIENS
STATE OF CALIFORNIA
: ss
COUNTY OF LOS ANGELES:
BEFORE ME, the undersigned authority, personally appeared Dennis G. Carl
and Isabel Carl, husband and wife, whom, being first duly sworn, do depose and say:
That they are the owners of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
Lot 10$,.SECON_D ADDITION.-TO FAIR OAKS,-according to the-plat thereof as
- recorded in Plat Book 47, Page 49 of the Public Records of Pinellas County,
Florida.
2. That said property is now in the possession of the record owner.
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except:
That certain Mortgage and other instruments of security dated June 11, 2007,
and that certain Second Mortgage and other instruments of security of even date
erewi o given in. favor o Countrywide _ ome Loans, Inc., a New York
corporation authorized to conduct business in the State of Florida, as recorded -
in
Official Records Book 15876, Pages 2135 - 2153 and Pages 2154 - 2163,
respectively, all in the Public Records of Pinellas County, Florida.
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby
warranted that there are no unpaid assessments against the above described
property for improvements thereto by any government, whether or not said
assessments appear of record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
WEasements\ALLEN'S CRK (CARL,) D R U EAS 0608.doc
3. That there has been no labor performed or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, other than those
that will be paid during the normal course of business, except: (if none, enter "NONE".
If no entry, it will be deemed that "NONE" has been entered.)
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
WITNESS Signature
WITNESS Printed Name
W
WITNESS Plinted Name
Dennis G. Carl
sz&2?z
Isabel Carl
-Savor _ .?- . ___ _-- ._:. _..-:--__ -_?_ _ __---- -- -- -_ ._-_? _?---=• -- - -- =- -__=:-:-_ ---
n to and subscribed to before me this day of (?v
2008.
j"Agog "f t4 20 , 271 C? .
Nota Pub is - State of California My Commission 15xpires
Print/Type Name
TRACY FINATO
Commission # 1647740
* NOfary PubNc - California
Ws Angeles County
MyCarus. Fa?lnes Feb 26, 2010
WEasements\ALLEN'S CRK (CARL) D & U EAS 0608.doc