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HOUSHANG GHOVAEE t-,t ,..,J' ---c, " .'l.; J (j') 5 . I~d - ) 03-373024 SPT- 3-2003 10:48~ PINELLRS CO BK 13036 PG 344 . -- ..lJUillJlllll~ILmllllllLlliIIJIIIIIIIIIIIIIIIILu_u_ ..'u__ Relurn 10' j Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 , t\]~ -~- .-V Parcel No. 05-29-16-00000-310-0100 SANITARY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Houshang Ghovaee, a single man, 2775 Woodring Drive, Clearwater, Fl. 33759 - 1749 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Grantee"), an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to-wit: DESCRIPTION. A Sanita-:y Easement, as depicted in EXHIBIT "A" appended hereto, to encumber the easterly ten feet (10') of the following described parcel of land lying and being situate in the NE 11.. OF. THE SW 11.. of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida (the "easement area")' Begin at the NE corner of said SW Y4 of Section 5, Township 29 South, Range 16 East; and run thence SOo018'16"W, along the North and South Centerline of said Section 5,450.00 feet; thence N89041'19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First Addition, along a curve to the left whose chord bears N17041'24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; S52021'26"W, 16.04 feet; N37038"34"W, 105.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 105.00 feet to the Southeasterly Right of Way line of County Road No. 50A; thence N52021 '25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence S89041 '19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in Pinellas County, Florida. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct and install a subterranean sanitary force main utilizing directional drilling technology, and to maintain, inspect and alter said force main from time to time. 1 / If '-{} 1.f:3 ~O(;;! , " '. ~ -~ I ., 'po'" 1 PINELLRS COUNTY FLR, OFF.REC.8K 13038 PG 345 Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple title to the premises in which the above-described Easement Area is located; (b) 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. All covenants, terms, provisions and conditions herein contained shall run with the land, and shall inure and extend to, and be obligatory upon, the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantor has caused this easement to be duly executed by its proper officers thereunto authorized and its seal to be hereunto affixed, this , day of ~ ,2003. Signed, sealed and delivered in the presence of: ~&.I~ WiW~ "e eu~/" Witness' Printed Signature w1;ts1 (jfl Wiln'!.l!::ia Si9~!./ AK Houshang Ghovaee STATE OF FLORIDA : 55 COUNTY OF PINELLAS B . ORE ME, the undersigned authority, personally appeared Houshang Ghovaee, a single man, who e ecute the foregoing instrument and acknowledged the execution thereof to be his free act and deed ~ r the es an purposes herein set forth. My Commission Expires: flf 11m ~ersonally Known 1l Produced Identification Type of Identification Produced 11(" JEFFREY IZZO . ,. My Comm Up. 11/14105 No, 00 066817 1'SOIl~ ~ t I Other 1.0, 2 . ,.. .. EXHIBIT "A" Scale 1" 1001 This is not a survey PINELLRS COUNTY FLR~46 OFF. REC ,BK 13036_~_~ IlRAItI BY D. KING CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING LEGAL SKETCH 25' SANITARY EASEMENT E. 10' OF M&B 31/01 2775 WOODRING DRIVE DMl NO. LGl2D03-10 atECKED BY E. BARRETT SHEET 1 or 1 DATE 06/1B/2003 GRID , 264A SECT- TWSP-RNG 5-29S-16E ORDINANCE N/A . ;,.. . (..""...... " .... i / ) 001)10 I oS'\> "10 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 333758-4748 03-373025 SPT- 3-2003 10:49M PINELLRS CO BK 13036 PG 347 : .,_, ....111I11IJ~IIJ~IIlIIJIIILIIIIIIIIIIIIIIJlt. DF RE: Parcel No. 05-29-16-00000-310-0100 'l\lJE' C;, ~~.-II CONSENT TO EASEMENT & SUBORDINATION OF INTEREST II THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured interest in the following described premises: A parcel of land in the NE Y4 of the Southwest % of Section 5 Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: Begin at the NE corner of said SW Y4 of Section 5, Township 29 South, Range 16 East, and run thence SOoo18'16"W along the North and South Centerline of said Section 5, 450.00 feet; thence N89041'19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition, as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First Addition, along a curve to the left whose chord bears N17041'24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; S52021'26"W, 16.04 feet; N37038'34W, 105.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 105 feet to the Southeasterly Right of Way line of County Road No. SOA; thence N52021 '25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence S89041'19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in Pinellas County, Florida, said lien being evidenced by that certain Real Estate Mortgage dated October 24, 2002 given by Houshang Ghovaee, a single man ("Mortgagor"), in favor of WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC., a Florida corporation {"Mortgagee"}, as recorded in Official Records Book 12309, Page 1252, Public Records of Pinellas County, Florida, does hereby consent to and joins in the grant of that certain Sanitary Easement dated the 3rd day of July, 2003 given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, for the purpose of installing and maintaining a subterranean sanitary force main, and does hereby subordinate said lien interest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grant, together with facilities described therein. . 'fll .~. ~/WITNESS WHEREOF, the undersigned has caused these presents to be signed this 12 day of ~T ,2003. Signed, sealed and delivered in the presence of: ~ ;1!~ Witness Signature Print name R 0 1'~ I Y\ U l\J ~ () N ~ ~u~ It J:/- 1/UA/l (~ ~ess Signature Printnarne~v2t, J..1 V~.YJ ~~~_ 1 i- \ ~ ,..: of . ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion of Sec. 5, Twp. 29 S, Rge. 16 E, Pinellas County, FI. Grantor: Houshang Ghovaee Grantee: City of Clearwater, FI. PINEllAS OPP,REC,8K COUNTY PlA 13036 PG 348 STATE OF FLORIDA :SS COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared David S. Hilbert, Attorney in fact for WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC., a Florida corporation, who executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the use and purposes set forth therein. J0~ p~ Notary pu. blic - SJ~e of Florida ~ Print name 1\ e 111- VI. } -e e iJ e..? (NOTARY SEAL) W Kevin Re.... * * My CommllSion 00162338 ~..~ Expires October 31, 2006 [ ] Personally Known [ ] Produced Identification Type of Identification Produced i!' II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Houshang Ghovaee, a single man, whom, being first duly sworn, does depose and say: 1. That he is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A parcel of land Ivina and beina situate in the NE % OF THE SW % of Section 5. Township 29 South. Ranae 16 East. Pinellas County. Florida: Begin at the NE corner of said SW % of Section 5, Township 29 South, Range 16 East; and run thence S00018'16"W, along the North and South Centerline of said Section 5, 450.00 feet; thence N89041'19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First Addition, along a curve to the left whose chord bears N17041'24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; 552021 '26"W, 16.04 feet; N37038"34"W, 105.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 105.00 feet to the Southeasterly Right of Way line of County Road No. 50A; thence N52021 '25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence S89041'19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in 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, enter "NONE") ~ 4. That there are no liens or encumbrances of any nature, other than easements and restrictions of record, affecting the title of the property hereinabove described, except: I" '" That certain Real Estate Mortgage dated October 24, 2002 given in favor of Wells Fargo Financial System, Florida, Inc., as recorded in O. R. Book 12309, Page 1252, Public Records of Pinellas County, FI. 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. 7. That the representations embraced herein are for the purpose of inducing the CITY ~~~;D~ its agents, su~eSSfJSign~o rely thereon Witness Printed Name Houshang Ghovaee W~i~~ Witness pri~d Name -4 to and subscribed to before me this ~ day of X", L>( /t/,y/~ r(Ay Commission Expires JEfFREY IZZO ,My Comm Exp. 11114105 No, DO 066817 ersonally KIIcwm II Olher I.D.