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MATTHEW AND BETH CIBULAS - .. , I PINELLAS COUNTY FLA. INST t 89-308281 ., - OF'F']'C'IAL RECORDS **. ** . ,,. ~.- ,'),')''):! I.. BOOK 7150 PAbE. ".."..".... ,-----------------------------------.-------.--.- '. .1 RECORDING ACCT C OeL- _ le-ocno R EC l..Q2:>~ FEES ~ MTF in hand PTG And :the PIC DOC ~__ INT ___ TOTAL .' 1IO-S~ EASEM.ENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash paid to them ,the receipt of which is hereby acknowledged, benefits to be derived therefrom, MATTHEW S. CIBULAS AND BETH A. CIBULAS, HIS WIFE 1893 UNION STREET CLEARWATER, FLORIDA 34623 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lyingc.fnd $ ;feing situate in the County of pinellas, State of Florida, to-wit: ~ ~ ~~. ~~~ ~ ~ ~, ~ en <, ~... ~(:O }>-I ' Ill'""" ...., -10(")::0 ~..ci" t' C ~.. The West 2 1/2 feet of the East 10 feet of the rn -, - m .... ~ .".. h 49 f d h 2 1/2 f t f th E t ..:0 :b ~ -I '" ';;1 ~< ~ Nort eet, an t e West ee 0 e as (") c o:l':; (;) ~ . 'Tlm(")::O ~ ;3 ::: ~ H 10 feet of the South 17 feet of Lot 1, Montcla~r r r Z c::<:~,~ . h I rom 'E 0 ... ~ ~ Lake Estates, accord~ng to t e map or p at w 0 ::0 -I III ..... t:; t: thereof, as recorded in Plat Book 53, Pages 10 and ~x ^ ~ S.,f,u o:l..., O'>~ e..,.; [5 ~ 11 ,of the Public Records of Pinellas County, ~ ~ ~ "', ,-.~ Florida. .1. co ~ o~ ~ on ~- ~ ~ u co ~ This easement being for drainage and utilities installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any drainage and utility lines and to inspect and alter such utility lines from time to time. IN WITNE~S WHEREOF, ,the parties hereto have seal.s. this &D~day of c;..~, 1989. Signed, sealed and delivered in the presence of: ~~ 2J~ ~\~!L~ WITNESS set their hands and ~~o MAT HEW S. CIBULAS ~p.do ~ C ludaJ B A. C1B . S, HIS WIFE STATE OF FLORIDA COUNTY OF PINELLAS Before me personally appeared MATTHEW S. CIBULAS AND BETH A CIBULAS, HIS WIFE, to me well known and known to me to be the individuals described in and who eAecuted the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this ~1:tl A.D., 1989. -~ lr',....'...~--'. .,.., ....'.....~-r ' MYMIGomm~-s's iO'fi ". expt'res ~":.'~ .own .SN! 1VHiNi9 nHHl ~!ONOe 0661'[, Nvr 'dX3 NOIs~rwwn1 ,~ ;~. WQl~Ol~ ~O al~lS JIland A~V10N ?-:" '. "/ L . I \'--~"':.l'. < ,( ( / t: I i'fJ Documentary Tax Pd. $ .( 5:5 $ Intangible Tax Pd, , , By ".I. "l:'.t,~<'.,Q.f;~ er, Clerk, Pinellas County .;'://(i..f/U:d / 'KARLEEN F. DEBLAKER, CLERK Deputy Clerk 989 :I 0 · "'8AM DEe :1.2,:1. ... ".. n ~ / Lj - PO -f: &>;lor ...). Jf '---..-._._~---_..__._--'------'_.._._-,.,-~- ~, .' . PINELLAS COUNTY FLA. INST :I: 89--308282 c** OFFICIAL RECORDS *** BOOK 7150 PAGE 2223 11-----, .. f', SUBORDINATION AGREEMENT THIS SUBORDINATION TO EASEMENT AGREEMENT (the "Agreement") is entered into this 30th day of October , 1989, by FIREMAN'S FUND MORTGAGE CORPORATION (the "Mortgage Holder"), in favor of the CITY OF CLEARWATER, FLORIDA, (the "Grantee"), and is made in reference to the following facts: (A) MATTHEW S. CIBULAS AND BETH A. CIBULAS, HIS WIFE, (the "Fee Owners") are the owners in fee simple title of that certain real property situate, lying and being in Pinellas County, Florida, and being more particularly described as Lot I, Montclair Lake Estates Subdivision, as recorded in Plat Book 53, Pages 10 and II, of the Official Records of Pinellas County, Florida, (the "property"). (B) The original lender, First Florida Bank, N.A., has made a first mortgage loan (090-2912678-703) to Fee Owner in the original principal amount of SEVENTY-TWO THOUSAND, NlNE-mmnREDSEVENTY-ONE AND NO/100 DOLLARS ($72,971.00) (the "Loan") which is secured, among other things, by a note, mortgage and certain other instruments of security executed by Fee Owner in favor of Lender (collectively the "Instruments of Security"). Certain of such Instruments of Security, and specifically the mortgage, encumber the fee simple title of Fee Owner in the Property, said mortgage being recorded in Official Records Book 6607, Page 0242, of the Public Records of Pinellas County, Florida. (C) The Fee Owner has granted to Grantee an easement, described in Exhibit "A" and "B" attached hereto and by this reference made a part hereof, to construct, install and maintain drainage and utility lines upon the Property by virtue of that certain Easement between Grantee and Fee Owner, to be recorded with but prior to this document in the Public Records of Pinellas County, Florida, (the "Easement"). NOW THEREFORE, for and in consideration of the premises, and for other good and valuable consideration in hand paid to the Mortgage Holder, receipt of which is hereby acknowledged, the Mortgage Holder does hereby covenant and agree as follows: 1. Subordination. The Mortgage Holder does hereby agree that its first mortgage lien and all other right, title and interest in the Easement which is encumbered by Mortgage Holder's Instruments of Securi ty, is hereby made subject, subordinate and inferior to the Easement in favor of Grantee. 2. Default. Mortgage Holder hereby warrants and represents to Grantee that it is the current owner of the Lender's interest in the Instruments of Security and that no defaults presently exist thereunder. 3. Modifications. This Agreement shall not be modified or amended except in writing between Mortgage Holder and Grantee. 4. Benefit. This Agreement shall be binding on Mortgage Holder and its successors and assigns and shall inure to the benefit of Grantee and its successors and assigns. IN WITNESS WHEREOF, the Mortgage Holder has executed this Agreement on the day and year first above written. Signed, sealed and delivered in tl1~ Ere~e~nce QU,._ ,. '~___m ~.~;,~ \fiIc~ ~ ts._' nVcC:~ . ......-r.... ~\.,j!i'tlj -', " Linda .J, Wlil.temah.... . .', .... . ~ -...~", .' ,Jf~': ~,'~.',' ..-. ,~ :~{~~-~.~ 'v '1..1- ..... . '. ..0" ......,"'...;~' .r.'.J'; ... -<.. ,'"- '. lly: 11 R~ORDING ACCT c..OC L- \OCXY10 REC ]q:m: FEES MTF PTG PIC DOC !NT .;,,,-,V' C'1 '/ C!ef~ Ie ~~Yj\f D. 8o'X. 41~? CleCtruJ[L-l~r, ft- 34&/~ -~7cjf L;~; , ,..,,~.)(<..e '<ARLEEN F. {IEBLAKER, CLERK DEC 12, 1989 10t28AM (Corpora.te .Seal) -r"'TAL \ 6[-'. ." \~5~ )", -- -- " .' " RECORDS *** *** OFF!L~AL PAGE 2224 _ r~oOK 71,JO ~..// ---------------- STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 30th day of October , 1989, by Linda J Whiteman the Vice President of FIREMAN'S FUND MORTGAGE CORPORATION, on behalf of the corporation. _u... MARIANNE MAHiN t MlchiQar< Notary Public.. o:a~~p~~esC~~r6h 7. 1892 ~,.,~,! Corr.rn~~s\on ~~-it~ Notary Public . > ..::: -- ~ / ~--. My Commission Expires: .u" ~ .. " . '. . '.~ ", , . .... , '; , . . '. . . *** OFFICIAL RECORDS !** - L>.GE- '")'")'")'- BOOK 7150 PnJ ",J . . EXHIBIT "A" The West 2 1/2 feet of the East 10 feet of the North 49 feet, and the West 2 1/2 feet of the East 10 feet of the South 17 feet of Lot 1, Montclair Lake Estates, according to the map or plat thereof, as recorded in Plat Book 53, Pages 10 and 11, of the Public Records of Pinellas County, Florida. . . ~ Ie l *** OFFICIAL BOOK 71 ~50 F~ECOBDS *** PAGE 2~?26 - rol NI \ I, ii ~ ) 75' i / J 25'_ """ OR;/NA;E ~( EASEMENT -~;: ~m:~: I t,>-, -- ['XHI81 T "8" -! , NOTE: This is 1'101 o Survey u__~---- - UNION STREET N 1. S. N 89018'16"( 75.01' LOT MONT C L A I R L A 1'= E sTtSJrS- 53 -10 PROPOSED DRAINAGE 8 UTILITY EASEMENT r<) o o -", \ T 7.5' 3: - N N - L[) o o o o z Exis1. I Sly. CBS I r -, -..-, I I PROPOSED 8 UTILITY S 89054' 38" W 75 00 5/15/89 0 0 0 - W N N L[) 0 0 0 0 (/) c ev' E ev VI l ~\ :::l \ cO \ ~ 0 \ LI, \ f'- 1 -i 0' C I I IN \ . -I o VI >< w \.D, I I r . , ^ . I I " AFFIDAVIT OF NO LIENS STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared MATTHEW S. CIBULAS AND BETH A CIBULAS. HIS WIFE who, being first duly sworn, depose and say: 1. That thevare the owners of legal and equitable title to the following described property in Pinellas County, Florida, to wit: The West 2 1/2 feet of the East 10 feet of the North 49 feet, and the West 2 1/2 feet of the East 10 feet of the South 17 feet of Lot 1, Montclair Lake Estates, according to the map or plat thereof, as recorded in Plat Book 53, Pages 10 and 11, of the Public Records of Pinellas County, Florida. 2. That said property is now in the possession of the record owner. 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, except (if none insert "none"): None 4. That there affecting the title none insert "none"): are no liens or encumbrances of any nature of the property hereinabove described, except (if Fireman's Fund Mortgage Co. 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 property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there is no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. ?21~~ MATTHEW S. CIBULAS .",. ~ti{ ~ C~~J BETH A. JZI AS, HIS WIFE Sworn to and subscribed to before me this 0~ day of A.D., 1989. . . --I~:.;.;: ./JA ~,~~L--., ....-~.:.-- r ~. ~,,<:~ - ....... .- My commission expires: ~:;:;~ .. Notary Pub . /~'____u~:~7^~ NOT~RY PUBLIC STATE OF F[~A NY tQ""I5~ro. t^~. JAN ?7 1990 BONDED THRU GE~ERA[ ZItS. U~Q.