TERENCE AND CHERYL HENRY
1-
INST # 97-115895
APR 251 1997 1:55PM
'______n_ _____1
PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1313
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I
Prepared by: City of Clearwater Engineering Dept.
Return to: ~arl Barrett, City of Clearwater
P. O. Box 4748
Clearwater, FL 34618
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,
Terence L. Henry and Cheryl A. Henry, his wife
1324 Jeffords Street
Clearwater, FL 34616
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under
and across the following described land, lying and being situate in the County of Pinellas, State
of Florida, to wit:
(See Exhibit "A" -legal description 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 party hereto has caused these presents to be duly executed by its
property officers thereunto authorized this ~ day of ..Th-c..~~ '
1996.
11 RECORDIN?
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Terence L. Henry
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Witness' Printed Signature
(f:row/common/COC/easement. 80)
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PINELLAS COUNTY FLA.
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Page 2 of that Easement between Terence L.Henry and Cheryl A.Henry, his wife, and the CITY
OF CLEARWATER, FLORIDA, over, under and across a portion of Lot 80, SIRMONS HEIGHTS
FIRST ADDITION.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was
~ 1996, by
(S EAL)
)
)
acknowledged before me this
Terence L. Henry
s
day of
ROLD B. UGHTNER
ION II CC444118 ElCPIRE8
MaroII8. 1999
1lIRIJ TROY FAIN INSllRANCf.INCl.
1.,./"/
Personally known
Or produced identification
Type of identification produced
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was
_~ 1996, by
(SEAL)
)
)
this S
day of
ISSlON * CC444118 EXPIRES
MaroII 8. 1999
BONOED 1liRU TROY FAIN IIISUIlANCE, INC.
ame of Notary
Personally known ~
Or produced identification
Type of identification produced
(f:/row/common/COC/easement.80)
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PINELLAS COUNTY FLA.
I?_FF_.~~_~. BK 9~~~__~~_~?15
LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 80, Sirmons Heights First Addition, as recorded In
Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run
along the t~orth line of said Lot 80, S89'11 '25"E, 70,00 feet; thence run along the
East line of said Lot 80, SOO'02'26"W. 4.50 feet; thence run S71'25' 40"W, 38.94 feet:
thence run S86'21 '11"W. 33,16 feet to a point on the West line of said Lot 80; thence
run along said West line NOO'02'26"E, 20,00 feet to the P.O.B,
Containing 1023,72 s, f,
NW Cor Lot 80
P,O.B,
STEVENSON'S CREEK
586'21' 11 "w
3316'
80
JEFFORDS ST
NOTE: This is not 0 survey'
EXHIBIT "A"
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INST # 97-115900
APR 25, 19 ~_~__~ (5 5~~_,
PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1328
CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST
THE UNDERSIGNED, owners of a lien on or secured interest in the following
described premises:
(See Exhibit gA" legal description
attached hereto and made a part hereof)
as evidenced by a mortgage dated January 31, 1996, and recorded among the
Public Records of Pinellas County, Florida, in Official Records Book 9235, pages 1193-
1194, hereby consents to and joins in the granting of said easement and hereby
further subordinates said mortgage interest and all of the right, title, interest and
claim thereunto accruing in said premises to said easement grant, together with
facilities described therein.
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed in
their name this ~ day of A/evgr,M!lfl _ , 1996.
Signed, sealed and delivered
in the presence of:
~J~~~ oZ ~
Witness Signature
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Witness' Printed Signature
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FEES
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INT
(F: row/c!cfMtlion/coClco nsent.80l
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PINELLAS COUNTY FLA.
I OFF.REC.BK 9685 PG 1329
Acknowledgment of consent to Easement
and subordination of Interest Dated 30 J'-l~
by Jerold B. Lightner and Jeannette I. Lightner, his wife,
to the CITY OF CLEARWATER, FLORIDA
STATE OF
COUNTY
~~~
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The foregoing instrument was acknowledged before me this ~'-tt--. day of
~\aU 1996, by Jerold B. Lightner.
(SEAL> ~1:A\f.!{rit.~ MELISSA TREMBLAY
g*: :*~ ~ COMMISSION # CC428509 EXPIRES
~'" /$1 December 28, 1998
"'~,~f.,r,.~., BONllED THRU TROY FAIN INSURANCE, IHe,
~~meOfNotarv.
personally known L
Or produced identification
Type of Identification produced
STATE OF
COUNTY
-\l~ck
~\.\~
The foregoing instrument was acknowledged before me this 3(:j day of
\\~ \oQ..l 1996, by Jeannette I. Lightner.
\\"~"""
(SEAL~~i!'l.~~ MELISSA TREMBLAY
:*i :'1 ~ COMMISSION # CC4285Q9 EXPIRES
~:t December 28, 1998
. .Rfo BONDeD THRu TROY FAIN INSURANCE, lNC,
of Notary
personally known /
Or produced identification _
Type of Identification produced
f:/row/co mmo n/COC/consent.80l
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PINELLAS COUNTY FLA.
I OFF.REC.BK 9685 PG 1330
LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 80, 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 80, S89'11'25"E, 70,00 feet; thence run along the
East line of said Lot 80, SOO'02'26"W, 4.50 feet; thence run S71'25'40"W, 38.94 feet:
thence run S86'21'll"W, 33.16 feet to a point on the West line of said Lot 80; thence
run along said West line NOO'02'26"E, 20.00 feet to the P.O.B.
Containing 1023.72 s.t.
~
NW Cor Lot 80
P.OS,
STEVENSON'S CREEK
586'21'11 "w
3316'
80
NOTE: This is not 0 survey'
JEFFORDS ST
EXHIBIT "A"
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PURCHASE AGREEMENT
Parcel No.: 80
Project: Stevenson Creek
THIS AGREEMENT is made between Terence L. Henry and Cheryl A. Henry. his wife , hereinafter referred
to as SELLER, and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as
PURCHASER or CITY.
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and
PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
(a) Real estate or interest therein, identified as: Sirmons Heights First Addition. Lot 80
in the Public Records of Pinellas County, Florida, incorporated herein by reference.
[ ] Fee Simple
[X] Permanent Easement Reference: Exhibit "A" attached to and a part hereof.
[ ] Temporary Construction Easement.
(b)
Personal property identified as follows:
None
II. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER for real estate and personal property,
in cash at time of closing $ 950.00
(b) Estimated value of additional non-cash consideration, said consideration being: $ 1.050.00
Replacement landscaping (oleanders) across 70 feet at back of property. ~Bt9 iR8~1~~
witRilXl 4 ~gt f~RciRg fer aeec!! rj-Fi- .
(c) Estimated transaction costs to be paid by PURCHASER $ 50.00
TOTAL PURCHASE PRICE INCLUDING COSTS ....................................... $ 2.050.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is subject to approval and execution by the City
Manager of the City of Clearwater within twenty one (21) days following receipt by the City Engineering
Department/Administrative Division of duplicate originals of this Purchase Agreement executed by Seller, A fully executed
original shall be returned to Seller within ten (10) days of approval by the City Manager.
(b) Seller acknowledges being informed that the City, or its consultant, will be obtaining lien subordination
agreements from Seller's mortgagee, if any; and should said mortgagee require that Seller provide a mortgage reduction
payment in an amount up to the cash consideration above described, the City check shall be payable jointly to Seller and said
mortgagee.
(c) Purchaser agrees, and Seller authorizes, restoration to the present or equal condition, any construction
impacts whatsoever to Seller's property up five feet contiguous to the easement premises. The restoration shall be
accomplished at Purchaser's expense and shall be completed by Purchaser not later than completion of the improvement
project.
IV. CLOSING DATE - POSSESSION
Closing of this transaction shall occur, and Seller shall convey and deliver possession of a perpetual Drainage and
Utility Easement to the City, upon a date to be determined by the City which shall be on or before six (6) months following the
Acceptance Date as shown in paragraph VII. At closing the City shall deliver to Seller a City check in the full amount to be
paid to the Seller as expressed in paragraph lI(a) above, if any; and subject to provisions of paragraph III. Prior to date of
closing and possession as described herein, Seller shall remove any personal property from the easement premises Seller
wishes to retain that has not been purchased by the City as a condition of this contract. All personal property remaining upon
the easement premises at time of possession shall be deemed to have been abandoned by Seller.
Page 1 of 2
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V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall
control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and the Purchaser.
~.~..th .
There ~ isN~ an addendum to this agreement.
IAH
VI. IN WITNESS WHEREOF, THE SELLER has caused these presents to be executed this '5 day of
,1991L.
SELLER:
\2~.~~
~ ~Q t\t9 ()
Cheryl A. Hen '
VII. ACCEPTANCE BY THE CITY OF CLEARWATER
IN ITNESS WHE EOF, the City of Clearwater has caused these presents to be accepted this n day of
,199/ ("Acceptance Date").
fJlVlliiJO ~L~)
WITNE S
CITY OF CLEARWATER, FLORIDA
By:
Page 2 of 2
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 80, Sirmons Heights First Addition, as recorded in
Plat Book 26, Page 59, of the Public Records of Pinellas Coun ty, Florida; thence ru'n
along the North line of said Lot 80, S89'll'25"E, 70,00 feet; thence run along the
East line of said Lot 80, SOO"02'26"W, 4.50 feet; thence run S71'25'40"W, 38.94 feet:
thence run S86"21'11"W, 33.16 feet to a point on the West line of said Lot 80; thence
run along said West line NOO'02'26"E, 20,00 feet to the P.O,B,
Containing 1023,72 s, f.
NW Cor Lot 80
P,Q.B,
STEVENSON'S CREEK
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586"21'11 "w
33,16'
80
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JEFFORDS ST
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6/6/95
90576LOT,dwg
NOTE: Th is is not a survey'
EXHIBIT II A"
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II
ADDENDUM TO PURCHASE AGREEMENT
Lot 80, Sirmons Heights First Addition
HENRY
1 . The purpose of obtaining an easement from the Henrys for the Stevenson Creek
Phase II project is for the installation and maintenance of a storm water utility
facility (gabion wall). It is not the intent of the City to use this easement for
any other purpose than for the stormwater utility facility.
2. According to the Stevenson Creek Phase II plans, a four-foot chain link fence
will be installed along the length of the gabion wall.
3. The property will be backfilled, graded and sodded from the existing top of bank
to the edge of the gabion wall as shown on the Stevenson Creek Phase II plans.
4. Replacement landscaping will consist of oleanders planted across the rear of the
subject lot.
.~ -"
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PROJECT: STEVENSONS CREEK
PARCEL NO. : 80
DATE: /II~ IS" , 1997
CLOSING STATEMENT
GRANTOR:
ADDRESS:
GRANTEE:
AGREEMENT
Terence L. Henry and Cheryl A. Henry, his wife
1324 Jeffords street, Clearwater, Florida 34616-3553
City of Clearwater, Florida
DATE: January 27, 1997 INTEREST CONVEYED: Perpetual Easement
*****************************************************************************
PURCHASE PRICE $ 2,000.00 (*)
ADDITIONAL:
MOVING $ -0-
PERSONAL PROPERTY $ -0-
TOTAL CASH COMPENSATION $ 950.00
DEDUCTIONS:
TAX PRORATION $ -0-
DOC. STAMPS $ -0-
NET COMPENSATION AT CLOSING
WARRANTY WITHHELD, IF ANY
CLOSING EXPENSES TO BE PAID BY GRANTEE:
Documentary stamps on conveyance $ 14.00
Recording Fees $ 29.00
TOTAL $ 43.00
$
$
950.00
-0-
GRANTOR
By:
Rich
GRANTEE
v~ 0< /~
Teren~ L. Hen .-
C.MQ1~ g '~
hery A. e ry
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 80, Sirmons Heights First Addition, as recorded in
Plat Book 26, Page 59, of the Public Records of Pinel/as County, Florida; thence ru-n
along the North line of said Lot 80, S89'11'25"E, 70.00 feet; thence run along the
East line of said Lot 80, SOO'02'26"W, 4.50 feet: thence run S71'25' 40"W, 38.94 feet:
thence run S86'21'11"W, 33.16 feet to a point on the West line of said Lot 80; thence
run along sciid West line NOO'02'26"E, 20.00 feet to the P.O.B.
Containing 1023.72 s. f.
~
NW Cor Lot 80
P.O,S.
STEVENSON'S CREEK
S86'2n,.w
33.\6'
80
JEFFORDS ST
NOTE: This is not 0 survey!
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6/6/95
905 76LOT. dwg
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ADDENDUM TO PURCHASE AGREEMENT
Lot 80, Sirmons Heights First Addition
HENRY
1 . The purpose of obtaining an easement from the Henrys for the Stevenson Creek
Phase " project is for the installation and maintenance of a storm water utility
facility (gabion wall). It is not the intent of the City to use this easement for
any other purpose than for the stormwater utility facility.
2. According to the Stevenson Creek Phase II plans, a four-foot chain link fence
will be installed along the length of the gab ion wall.
3. The property will be backfilled, graded and sodded from the existing top of bank
to the edge of the gabion wall as shown on the Stevenson Creek Phase II plans.
4. Replacement landscaping will consist of oleanders planted across the rear of the
subject lot.
'.-.. pre;ared by: City of Clearwater Etneering Dept.
Return to: Earl Barrett, City of Clearwater
P. O. Box 4748
Clearwater, FL 34618
I
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
.
.
.
.
BEFORE ME, the undersigned authority, personally appeared Terence L~ Henry and
cheryl A. Henry, his wife, who, being first duly sworn, depose and say:
(1) That they are the owner(s) of legal and equitable title to the following
described property in Pinellas County, Florida, to-wit:
(see Exhibit "A" - legal description
attached hereto and made 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 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:
That certain Mortgage in favor of Jerold B. Lightner and
Jeannette I. Lightner, his wife, dated January 31, 1996, as
recorded in Official Records Book 9235, pages 1193 -1194, of
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 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.
(f:row/common/COC/affidavit.80l
....
,
,
he representations embraced herein are for the purpose of inducing
RWATER, its agents, successors.
\ 1 ~.,u~~ ~ /~
Terence L. Henry
C~I~.~\I~a
Cheryl A. nry )
\
Witness' Printed Signature
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
s
day of
The foregoing instrument was acknowledged before me this
:vvz~ 1996, by Terence L. Hen
(SEAL)
or tamp Name of Notary
~
Personally known
Or produced identification
Type of identification produced
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
(SEAL)
day of
The foregoi~ instrument was
~ 1996, by
-
. . ~~ JEROLD B. LIGHTNER
" 'I.! t.M COMMISSION /I CC444118 EXPIRES
'. . March 8 1999
.... ~... "'" '
Name of Notary
J
Personally known
Or produced identification
Type of identification produced
--
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I
LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 80, Sirmons Heights First Addition, as recorded In
Plat Book 26. Page 59, of the Public Records of Pinellas County, Florida; thence run
along the t-Jorth line of said Lot 80, S89011 '25"[, 70.00 feet; thence run along the
East line of said Lot 80, SOoo02'26"W, 4,50 feet; thence run S71025'40"W, 38.94 feet:
thence run S86021 '11 "w, 33,16 feet to a point on the West line of said Lot 80; thence
run along said West line NOO'02'26"E, 20,00 feet to the P,O.B.
Con tain in g 1023,72 s. f,
'"
.,
NW Cor Lot 80
P.OS,
STEVENSON'S CREEK
S86021'11"W
3316'
80
JEFFORDS ST
NOTE: This IS not 0 survey!
EXHIBIT II A"
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6/6/95
90576LOT,dwg