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DORIS KUNTZ . r' -~ ,..... , I INST # 97-142985 MAY 21, 1997 11:42AM I PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2233 Prepared bv & return to: Earl Barrett Engineering Department City of Cleanvater P. O. Box 4748 Cleanvater, Fl. 34618-4748 EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Doris E. Kuntz, a widow 1362 Jeffords Street Clearwater, Fl. 34616-4279 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, an easement over, under and across the following described land lying and being situate in the County of Pine lIas, State of Florida, to wit: (See EXHmIT "A "-Legal Description, Pages 1 and 2, attached hereto and made a part hereof) This easement is for drainage and utility 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 facilities and to inspect and alter such drainage and utility facilities from time to time. IN WITNESS WHEREOF, the undersigned grantors have caused these presents to be duly executed this 7.!Jf day of 1l7n/L , 1997. Signed, sealed and delivered in the presence of: ~ePCU;e,2 M~cf3 .PRCF~ Print Witness Name - WITNESS signatu!i. .-#- E~L W. ~ Print Witness Name ~t~ Doris E. Kunt ' 11 RECORDING ACCT 1000_-:1. 0 CODE _--- REG /.<i_Sf:' . DI';21 9 .s.. &Q_ $. <C 0 [)s Documentary Tex Pd, $ $___._.______._._ !1~tang;l:IE' Tax Pd, ~~""" F. DOf~~/;:~::.c= INT iJ I~' ;' / t..; C EFff ~ t:. [:::2 ~3, j~lIi.TF ." ---;-i, '7r-"7'-1--0 ol'! &\:~ '- )1~O/ ~/" ~ 0 U7) .... . ,. ". , ) 1 PINELLAS COUNTY FLA. ~FF.REC.BK 9713 PG 2234 Page 2 - Acknowledgment: Drainage & Utility Easement Grantor: Doris E. Kuntz Grantee: City of Clearwater, Florida STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~ ' 1997 by Doris E. Kuntz, a widow. ~~~ Notary Public - State of Florida Print Name ~ aI. ~~ 7~ day of '('1lmllmllllllllmllllllllmllllllllllllllll"l< " ~.."y Pll~( Earl W. Barrett < : : ~~ -a Notary Public, State of Florida ~ . · '5.~$ Commission No. CC 537063 < :: "'~OFf\.\)~ My Commission Expires 05126/00 ~ ': \.S0ll-3.NOTAllY. F\a. NO1M)' SemCf A BooJiDIl Co, ( ')),),),),),),')),),),..,..,..,..,..,..,..,),..,......"""'.,,..w,.. ',' '\'''''''''''''''''''''''1 ~ [ ] Personally Known [XJ Produced Identification Type ofIdentification Produced PL. D. L. # K. S" 3. 2- / 7'3 - ;1.j - 6 CJ J - 0 -+-._--. .. i .. , I EXHIBIT "A". Pa2e lof2 1 PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2235 r" - --.. ,-._- LEGAL DESCRIPTION Begin at the Northwest corner of Lot 73, Sirmons Heights First Addition, os recorded in Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the North line of said Lot 73, S8911'25"E, 70.00 feet; thence run along the East line of said Lot 73, SOO'02'26"W, 6.00 feet; thence run N89i 1'25"E, 70.00 feet to 0 paint on the West line of said Lot 73; thence run along said West line NOO.02'26"E, 6.00 feet to the P,O.B. Containing 419.96 s.f. i . .. NW Cor Lot 73 P,O.B, STEVENSON'S CREEK NB9,,'25.W 70,00' 73 NOTE: This is not 0 survey! JEFFORDS ST ~ . . Oeo OC'\l q)N p o ~ Novo 6/7 /95 95076LOT.dwg Revised 1/17 /97 ~ .. - -.- ~ -- ~ .. , I EXHIBIT" A" , PSl:!e 2 of 2 I PINELLAS ;~~NT~GF~~36 OFF.REC.BK 9 LEGAL DESCRIPTION Begin at the Northwest corner of Lot 74, Sirmons Heights First Addition, as recorded in Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the North line of said Lot 74, S89i1'25"E, 70,00 feet; thence run along the East line of said Lot 74, SOO.02'26"W, 6,00 feet; thence run S89i 1'25"W, 70.00 feet to a point on the West line of said Lot 74; thence run along said West line NOO.02'26"E, 6.00 feet to the P.O,B, Containing 419,96 s, f. i . .. NW Cor Lot 74 P.O.B. STEVENSON'S CREEK N8911'25'W 70,00' 74 NOTE: This is not a survey! JEFFORDS ST ~ . . co 8!'l oN COo b o (I) Novo 6/7/95 95076LOT.dwg Revised 1/17/97 , ,,_t- ~ I I PROJECT: PARCEL NO. : DATE: STEVEN SONS CREEK 73 " 74 /fP/l./L- 7 , 1997 CLOSING STATEMENT GRANTOR: Doris E. Kuntz, a widow ADDRESS: 1362 Jeffords street, Clearwater, Florida 34616-4279 GRANTEE: City of Clearwater, Florida AGREEMENT DATE: March 28, 1996 INTEREST CONVEYED: Perpetual Easement ***************************************************************************** PURCHASE PRICE ADDITIONAL: MOVING PERSONAL PROPERTY TOTAL CASH COMPENSATION DEDUCTIONS: TAX PRORATION DOC. STAMPS $ $ $ 781.20 -0- -0- $ 781.20 $ $ -0- -0- NET COMPENSATION AT CLOSING WARRANTY WITHHELD, IF.ANY (*) $ 781. 20 $ -0- CLOSING EXPENSES TO BE PAID BY GRANTEE: Documentary stamps on conveyance $ 5.60 Recording Fees $ 19. 50 TOTAL $ 25.10 ENCUMBRANCES CLEARED AT CLOSING: NONE ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: (*) DURING THE CONSTRUCTION PHASE OF THE GN3ION WALL THAT WILL BE CONSTRUCTED WITHIN THE CONFINES OF THE EASEMENT BEING GRANTED THIS DATE, CONTRACTOR SHALL PROVIDE ADDITIONAL SERVICES TO GRANTOR AS DESCRIBED IN THE "ADDENDA" ATTACHED HERETO AND A PART HEREOF [Estimated cost of additional consideration: $750.00]. I/WE, THE UNDERSIGNED, CERTIFY THAT THE FOREGOING REPRESENTS A TRUE AND ACCURATE CLOSING OF THE ABOVE NOTED TRANSACTION BETWEEN MYSELF/OURSELVES AND THE CITY OF CLEARWATER, FLORIDA, AND THAT AS OF THE DATE FIRST AFORESAID, THERE ARE NO ENCUMBRANCES AGAINST THE PROPERTY DESCRIBED IN EXHIBIT "A", PAGES 1 " 2 ATTACHED HERETO, EITHER RECORDED OR UNRECORDED, EXCEPT THOSE AFOREMENTIONED (IF ANY) . GRANTOR ~ ~~ ,~ f-~ Doris E. Kun ~., ' ier, City Engineer ... , . '. I EXHIBIT "A". P82e 1 of~ I LEGAL DESCRIPTION Begin at the Northwest corner of Lot 73, Sirmons Heights First Addition, os recorded in Plot Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the North line of said Lot 73, S8911'25-E, 70.00 feet; thence run along the East line of said Lot 73, SOO'02'26-W, 6.00 feet; thence run N8911'2S-E, 70.00 feet to 0 point on the West line of said Lot 73; thence run along said West line NOO'02'26-E, 6.00 feet to the P.O.B. ' Containing 419.96 s.f. i . L NW Cor Lot 73 P,O.8. STEVENSON'S CREEK N89,,'2S-W 70.0(/ 73 JEFFORDS ST NOTE: Thll II not a surve)f ~ . . 840 .N lON ~ No~ &/7/9$ 9507610T.dwg Revised 1/17/97 I EXHIBIT "A". Pa2e 2 012 I LEGAL OESCRIPllON Begin at the Northwest corner of Lot 74, Sirmons Heights First Addition, os recorded in Pial Book 26, Page 59, of the Public Records of Pinellas County, F"Iorido; thence run olong the North fane of said Lot 74, 58911'25-[, 70.00 feet; thence run along the Easl line of said lot 74, SOO'02'26-W, 6.00 feet; thence run S8911'25-W, 70.00 feet to a point on the West line of said Lot 74; thence run olong said West line NOO'02'26-E, 6.00 feet to the P.O.B. Containing 419.96 s. f. i . " NW Cor lot 74 P .0.8. STEVENSON'S CREEK N89'1'2S.W 70.00' 74 NOTE: this Is not a surve)'l JEFFORDS ST ~ . . 1O 8.N .N lOp ~ . No. 6/7 /IS 9507610T.dwg Revised 1/17/97 i.... .. I I Pared No.: 73" 74 Project: Stevenson Creek ADDENDA To that certain Purchase Agreement dated tz1a re- A '2- t' . 1997 between Doris E. Kuntz, a widow, and the City of Clearwater, Florida, TO WIT: In addition to payment of the cash consideration as descn1>ed in Section ll(a) of said Purchase contract, the City agrees to provide the following additional services during the construction phase of the gabion wall that will be constructed within the confines of the easement granted: 1) Dig and set a shallow well, and connect same to the Seller's existing lawn pump, 2) Back fill from top of gabion wall to be constructed at minimum elevation of 22.5 feet within easement grant across Lot 74. Back fill shall be to that point approximately 14 feet upland of the back of gabion at the westerly line of Lot 74, and having an elevation equal to the height of gabion wall, then grade and slope evenly to the base of an orchid tree standing approximately two feet behind the gabion wall at the easterly lot line of Lot 74, 3) Construct gabion wall within the easement grant across Lot 73 at a maximum height not to exceed 21.81 feet and allow creek bank to evenly slope to back of gabion wall. Contractor shall either move the existing statue of Jesus during gabion construction, and replace it where it presently stands following construction; or elsewhere at the direction of Grantor, 4) As gabion construction dictates removal of the bamboo plants from the creek area behind Lot 73, such bamboo shall be replanted by the contractor upland of the gabion wall as directed by the Seller. 5) As gabion construction dictates removal of the banana trees from the creek area behind Lot 74, such banana trees shalt be replanted by the contractor upland of the gabion wall as directed by SeDer. 6) Install a standard galvanized gate in the chain link fence that will be constructed upon the gabion wall, Installation shall at the rear of Lot 74 in the location of the present fence opening. \. ~ I I AFFIDA VIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared DORIS E. KUNTZ, a widow, whom, being first duly sworn, does depose and say: 1. That she is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Those portions of Lots 73 & 74, SIRMONS HEIGHTS FIRST ADDITION, as legally described and depicted in EXHIBIT "A", Pages 1 & 2, attached hereto and a part hereof. 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: 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 govenunent, 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. 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, ~vB.fJ~ WITNESS Signature ~ JL1~ ~, 'RU-li-S WITNESS Printed Name ~~~ TNESS Signature _ _ ~M~ WITNESS Printed Name A&Jd.v t. ~ Doris E, Kuntz ! I Page 2 - AFFIDAVIT OF NO LIENS Doris E. Kuntz ~r. "7 . 1997 Sworn to and subscribed to before me this NO~ E~ k/, ~ Printffype Name 7!! dayof I ~Z- ,1997. My , . ~.w>>,~)IH~.'Il'II;'I'I;'I1I'1I'1"1II1. ( : ~~..Y "iI. Earl W. BlIlI'Ctt ~ :. .~~;A. Notary Public, State of Florida ( i' ~"-$ Commission No. CC 537063 ~ · ~ OF f\.()'t' My Commission Expires OS/26/00 ( " ( .' 1-800-3.NOTARY. PIa. Nollry SeM~ &: BClIIdiIIa Co, ( "''l'l'l'l'l'l'l'>'l','l''''>'l'l''''l'l'l'l'l''\'W''''''l'''\'l''~~~\''''l'''''''''''''''l'l'l'l'l'> ~ " I ~XHIBIT "Aft, Pa2e 1 of~ I LEGAL DESCRIPTION Begin ot the Northwest corner of lot 73, Sirmons Heights rll'st Addition, os recorded in Plot Book 26, Poge 59, of the Public Records of Pinellos County, F1orido; lhence run olong the North line of said lot 73, S8911'25-E, 70.00 feet; thence run along the East line of said lot 73, SOO"02'26-W, 6.00 feet; thence run N8911'25-E, 70.00 feet to 0 point on the West line of said lot 73; thence run along said West line NOO'02'26-E, 6.00 feet to the P.O.B. ' Contoining 419.96 s.f. . . L NW Cor Lot 73 P,O.B. STEVENSON'S CREEK N89'1'2S-W 7o.Oft 73 NOlE: This Is not 0 SUNe)'l JEFFORDS ST ~ g~ .C'II Clc.. I Novo &/7/95 9507610T.dwg Revised 1/17/97 I ExmBIT " A". Pa2e 2 of 2 I , . LEGAL DESCRIPTION Begin at the Northwest corner of Lot 74, Sirmons Heights rll'st Addition, as recorded in PIal Book 26. Page 59. of the Public Records of Pinellas County. Florida; thence run along the North line of said Lot 74, S8911'25-E, 70.00 feet; thence run along the East line of said Lot 74, SOO.02.26-W. 6.00 (eet; thence run S8911.25-W, 70.00 feet to 0 point on the West line of said Lot 74; thence run along said West line NOO"02.26-E, 6.00 feet to the P.O.B. Containing 419.96 s.f. i . .. NW Cor lot 74 P,O.8. STEVENSON'S CREEK N89'1'2S-W 70.CXI 74 JEFFORDS S1 NOlE: this Is not a SUNt)t ~ . . ~ &,iIt GI . Novo 6/7/95 95076l0T.dwg Revised 1/17/97