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JOSEPH AND PETER PULLARA AND COSMO AND PILAR RE ,J I 1 INST :II: 98-323550 OCT 8, 1998 5: 12PM -4-; '~lx560.'(b ~. .t.r-co ,^..r'# Prepared by & return to: Earl Barrett Real Estate Services Mgr. City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 ~'..",""..... , . \y~,,"-, .. PARCEL I. D. NUMBER: 08-29-15-02592-001-0040 PINELLRS COUNTY FLR. OFF.REC.BK 10284 PG 814 .l10- ur~::>',~L ~ ll. ~O/l.. _~T-LL (.i' LANDSCAPING AND UTILITY 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, Joseph A. Pullara, III, a married man, Peter C. Pullara, a married man, and Cosmo D. Re and Pilar D. Re, husband and wife, being tenants in common, as their interests may appear C/O 427 Loch Devon Drive Lutz, Florida 33549-4282 as GRANTOR, does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, as GRANTEE, its licensees, agents, successors and assigns forever, for the use of the general public, a non-exclusive easement for the purposes herein expressed, over, under and across the following described land, lying and being situate in the City of Clearwater, County of Pinellas, State of Florida, to wit: A PORTION OF LOT 4 , IN BLOCK "A", BARBOUR-MORROW SUB., ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 45 OF THE PUBLIC RECORDS OF PlNELLAS COUNTY, FLORIDA, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMJx1ENCE AT THE SOUTHWEST CORNER OF SAID LOT 4, BLOCK "A", BARBOUR-MORROW SUB, THENCE RUN N 83038'01" E, 19.27 FEET TO THE POINT OF BEGINNING (P.O. B.); THENCE N 06021' 59" W, 5.42 FEET; THENCE N 83029'41" E, 89.56 FEET; THENCE S 00001'04" W. 5.67 FEET; THENCE S 8303B'01" W, 88.93 FEET TO THE P.O.B. The rights granted herein shall be for the purposes of installing and maintaining landscaping; including, but not limited to, grass sod, tropical plants and landscape shrubs, together with an adequate irrigation system within the easement premises. All landscape plants and shrubs beneath display windows shall be maintained at or below the lower edge of such windows. Documentary lax Pd. $ j l(.arleen F. De B!ulc:,r,::' , . Bv__(YlDIL ty " /Jf~O/O 'DI (If) ~ ,. ~~;L I 1 Page 2 - LANDSCAPING & UTILITY EASEMENT RE: Lot 4, Block "A", BARBOUR-MORROW SUB. GRANTOR: ~oseph A. Pullara, III, et al GRAN!EE: City of Clearwater, Florida PINELLAS COUNTY FLA. OFF.REC.8K 10264 PG 615 In further consideration of the rights herein being granted, GRANTEE covenants with GRANTOR to relocate GRANTOR'S existing wood pri vacy fence in direct line with the southern edge of the building structure. Relocation shall be at GRANTEE expense and shall be performed in a workmanlike manner. GRANTOR authorizes GRANTEE to remove any walkway, trees or other conflicts wi thin the easement premises. Access to the side entry of building and to the relocated fence gate shall be maintained at all times. GRANTEE shall be solely responsible for all costs and expenses associated with exercis.:j)l~aI}d implementing the rights granted herein, including, without limitation, repair, maintenance and replacement of all landscaping and facilities as determined necessary by GRANTEE. It is expressly understood and agreed that GRANTOR reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This Easement is binding upon the GRANTOR, the GRANTEE, their heirs, successors and assigns. The rights herein granted shall be perpetual and irrevocable except: 1) by abandonment of the easement premises by the GRANTEEi or 2), by mutual written consent of the parties, each agreeing that upon written request by the other party, such consent will not be unreasonably wi thheldi or 3) unilaterally terminated by either party upon notifying the other in writing not less than 90 days prior to such termination. Whether rights granted herein are revoked by abandonment, by mutual consent of the parties, or unilaterally by written noticei in any such event neither party shall have any further rights, duties or obligations hereunder after termination. caused this easement to be , 1998. ~ ~ J:t$ III Print witness name I 1 PINELLRS COUNT~GFL~i6 OFF ,REC.8K 10264 --~--'---- -.--.-------------- Page 3 - LANDSCAPING & UTILITY EASEMENT RE: Lot ~, Blk. "A", BARBOUR MORROW SUB. Gran-tor:Joseph A. Pullara, III, et al Grantee: City of Clearwater, Florida STATE OF FLORIDA :ss COUNTY OF HILLSBOROUGH flThe foregoing instrument was acknowledged before me this ~~ day of Uu.~ lA..sf- , 1998, by Joseph A. Pullara, a married man, who executed the foregoing instrument and acknowledged the execution thereof t6be his free act and deed for the use and purposes herein set forth. ~1tdf/h ary blic - State of Florida e/Print name (seali ~~~#( JUDY L NORTON ~ My Commlalon CC44111. *~ * ExpIr..May.07.1118 II' ~. ~ Bonded by NFNU ~"~/JF f~\)~" 800.224-6368 ['N. Personally Known [ ] Produced Identification Type of Identification Produced STATE OF FLORIDA ss COUNTY OF HILLSBOROUGH Ahe fore~oing instrument was acknowledged before me this ~lP of ttUOl US-t" , 1998, by Peter" Pullara, a married man, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein forth. day set N~&~~ Florida Type/Print name ~..,,'f PI1, JUDY L NORTON ., fi O!'~ MyCornrn!riMCd448999 *liijf * Elcplres. May.07,19G9 qrl.. Bonded by NFNU ~.... ~... 800-224-6388 '~OF f\.~ [ '{.] Personally Known [ ] Produced Identification Type of Identification Produced <: t' ,'./f': I PINEL~S COUNTY FLR. OFF, REC ,8K 1 0264 _~_~__~l~___n ----------~- .. Page 4 - LANDSCAPING & UTILITY EASEMENT RE: Lot 4, Blk. "A", BARBER MORROW SUB. Grantor: .Joseph A. Pullara, I I, et al Grantee: City of Clearwater, Florida STATE OF FLORIDA 55 COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this ~~ day of ~~u~ , 1998, by Cosmo D. Re, a married man, who executed the fore~oing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth. R~~ State of Florida ~..v.'f PI/#. JUDY L NORTON ~ fi~~ MyCo~~ *JiiiJJ * ExpIres May. 07;1909 . f#. ~_. ~ Bonded by NFNU ?,,.. ,,~ 800-224-8368 '4r DF f\." [X] Personally Known [ ] Produced Identification Type of Identification Produced STATE OF FLORIDA 55 COUNTY OF HILLSBOROUGH Yl The of t-r-U, the fore her free for going instrument was acknowledged before me this ::2 t.r> day , 1998, by Pilar D. Re, a married woman, who executed oing instrument, and acknowledged the execution thereof to be act and deed for the use and purposes herein set forth. ~~ State of Florida ",,\\y PI/II( JUDY L NORTON ~ ~ ~ My Col1'!mleplpn CC448999 * liiiJJ * Expires May. 07, 1999 .,. ~. ~ Bonded by NFNU ~,... "..~ 8OO.224-e388 .. OF f\." [ ~] Personally Known [ ] Produced Identification Type of Identification Produced Pullara & Re Landscape Eas. 0698ewb "! ,,, NOTE: ~ u I This is not a Survey PINELLRS COUNTY FLR OFF .REC.8K 102S4 PG siB --~_.- LOT 2 LOT 3 (431 Manda\ay Ave.) W :=J Z W > <( C.M >- <( ~ <( o z <( L N83.38'01E 19.27' LOT 4 3= East End of Exist. :(7) Cone.. Romp ~'C-l N~ ;Oil> o Z p.O.B. PROPOSED LANDSCAPING &- unUTY EASEM'T LOT 5 C\1Y OF CLEARWATER PROPERTY LOT 6 LOT 7 r------ LOT 41 (j') o o d ... (]lei .~ Ol ~ -....J::E N.T.S. LOT 40 97054E.DWG .,1':~ ~ I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned authority, personally appeared Peter C. Pullara, a married man, whom, being first duly sworn, does depose and say: 1. That he is an owner of legal and equitable title to the following described property 111 Pinellas County, Florida, to wit: Lot 4, Block "A", BARBOUR-MORROW SUB., according to the plat thereof as recorded in Plat Book 23, Page 45 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 perfonned or materials furnished on said propelty for which there are unpaid bills for labor or materials against said property, except: NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: NONE. 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 govenunent, whether or not said assessments appear of record. 6. That there is no outstanding sewer service charges or assessments payable to any govenunent. the CITY OF r . ullara, III ;:.rOS~p J\..... to and subscribed to before me this ;;l& day of IJur,Ll,()+ f!.~ , 1998. No - State of Florida Print/Type Name My Commission Expires ~""&'( JUDY L NORTON ~ My CoITllTlluIon CC448999 * ~ * Expires May. 07.19l19 ~~, ~ Bonded by NFNU ..,,.~ .....~ 800-224-6388 .. OF fl." - .. ~. w ::> z w > <( c. >- <( <( o z <( ~ .. I NOTE: This is not o Survey EXHIBIT "A" ~ u Eost End of Exist. Cone. Romp LOT 2 LOT 3 LOT 4 PROPoSED LANDSCAPING .It unuTY EASO,(T LOT 5 c\TY OF CLEARWATER PROPERTY N83"38'01E 19.27' p.O.B. ~ LOT 6 LOT 7 I CJ) o o d ~ (}I 0 .~ ~~ LOT 41 N.T.S. , LOT 40 97054E.DWG --- .. , , ~. AFFIDAVIT OF NO LIENS ST ATE OF FLORIDA : ss COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned authority, personally appeared Joseph A. Pullara, III, a married man, whom, being first duly sworn, does depose and say: 1. That he is an owner of legal and equitable title to the following described property m Pinellas County, Florida, to wit: Lot 4, Block "A", BARBOUR-MORROW SUB., according to the plat thereof as recorded in Plat Book 23, Page 45 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 perfonned or materials furnished on said property for which there are unpaid bills for labor or materials against said property, except: NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: NONE. 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 is 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 OF LEARW A TER, its agents, successors and assigns to rely thereon. GjJw- ~~ Pullara,"tH- ~d , 1998. to and subscribed to before me this ;l& day of t.~ My Commission Expires ~~~#~ JUDYLNORTON lICO My Convnlselon CC448900 * * Expirell May. 07, 1999 ~ ~ Bonded by NFNU .,~ OF f..f)<t-q 800-224-6368 PrintJType Name - .,( -, ,~ --, :- w ::) z w > <( c. >- <( --' <( z <( L NOTE: . ~ d ~ . Q) 11)- _ N .... ra' coli) o Z N83"38'01E 19.27' This is not o Survey Eost End of Exist. Cone. Romp I EXHIBIT "Au LOT 2 LOT 3 LOT 4 (/) o o d .... (}Ie> .~ ~~ p.O.B. PROPOSED LANDSCAPING tk UTILITY EASEM'T LOT 5 ClTY OF CLEARWATER PROPERTY ~ LOT 6 LOT 7 LOT 41 N.T.S. , J-OT 40 97054E.DWG .,.^! '........ '~-;Jr. _ ~,... I I J AFFIDA VIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned authority, personally appeared Cosmo D. Re and Pilar D. Re, husband and wife, whom, being first duly sworn, do depose and say: 1. That they are owners of legal and equitable title to the following described property In Pinellas County, Florida, to wit Lot 4, Block "A", BARBOUR-MORROW SUB., according to the plat thereof as recorded in Plat Book 23, Page 45 of the Public Records of Pinellas County, FIOI'ida. 2. That said property is now in the possession of the record owner. 3. That there has been no labor perfornled or materials furnished on said property for which there are unpaid bills for labor or materials against said property, except: NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except NONE. 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 govenmlent, 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 the CITY OF EARW A TER, its agents, successors and assigns to rely thereon. ~~~ Cosmo D. Re Q~~-~ Pilar D. Re Sworn to and subscribed to before me this 2..~ day of .~~ {}{A.~ lASf , 1998. Print/Type Name My Commission Expires to"" '11, JUDY L NORTON ~.... fi ~10 My eornmlnlon CC448999 *W* Expires May. 07, 19lHt Bonded by NFNU '" ~ ?t/: ~~ 800.224-6368 ~ OF f\.a ".,' .'f ,.i{~,",-.- -,- .J - -.. w => z w > <( c. NOTE: ~ <3 N83.38'01E 19.27' i This is not o Survey I EXHIBIT "Au ~ East End of Exist. ~ Cone. Romp Il')" _ c-l N~ ioll') o Z LOT 2 LOT 3 LOT 4 (/) o o d -- (J'\e> .~ m 11 ......~ PROPOSED LANDSCAPING &c UTILITY EASEM'T LOT 5 C\TY OF CLEARWATER PROPERTY p.O.B. ~ LOT 6 LOT 7 LOT 41 N.T.S. , tOT 40 97054E.DWG