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DONZEL MORRISON ':'. ... -- Prepared by: City of Clearwater E.}ineering Dept. Return to; Earl Barrett, City of Cle3rwater P.Q, Box 4748 Clearwater, FL 34618 INST # 97-1]~S96 ." .u1\~~ 2 5 ,_1_~9_7_J~~:~5~~_ .. PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG 1316 EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar <$1.00> in hand paid to him, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Donzel L. Morrison, a single man 1334 Jeffords Street Clearwater, Florida 34616 does 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 t~ be duly executed by its property officers thereunto authorized this 31 day of 1'v1~ ' 1996, - Signed, sealed and delivered in the presence of: ~~~~ ~h~e.v l." Qo..U.SL Witn s Printed Signature 11 RECORDI~ ACCT J.iX!.o '() -- -~A REC f-) , . FifO ~ ~ ~~t -'-- PIC DOC 3t,:;;[) 'NT TOTAL - ~(? ar.~-t~D' zel L. rrison (f:row/common/COC/easement.78) ".;;'.:T,;'fi~;:';:'l' ';':;, ;.;:,....._ _V~.~Q--_., ,..;~,..~,c::.~ U"i.': ':J 1<~~r1oon F. [:8 EH ':;>,31' , (::.~l;'/. ~-~:,,~-:!. : ('.-. .-;.i\/ ... hro.n)!...', ::"; . "... \y '_"~_4~_..___._1-L~__ ---...-.---- --- '. . /1-0/Y- 20 ~_.- I PINELLAS COUNTY FLA. l_~~F ..R~~u. B~~~ 8 5__~~H~_~~? page 2 of that Easement between Donzel L. Morrison, a single man, and the CITY OF CLEARWATER, FLORIDA, over, under and across a portion of Lot 78, SIRMONS HEIGHTS FIRST ADDITION. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this, 3l ~ day of MlUj 1996, by Donzel L. Morrison. (SEAL> if 4\\f.\~\ JENNIfeR L, CLAUSE /If.: ~.: MY COMMISSION' CC 320487 , . EXPIRES: October 3, 1997 IIondlId ThIu NoIIIy PubUc IJrK/eIVmtIIs ~ 1Jw~, rin , T pe mp Name of Notary personally known l Or produced identification Type of identification produced (f:/row/co mmo n/COCleasement. 78) ,..-", ._ -y01 ) PINELLAS COUNTY FLA. ~OFF.REC.BK 9685 PG 1318 , '_n_ LEGAL DESCRIPTION Begin at the Northwest corner of Lot 78, Sirmons Heights First Addition, as recorded In Plat Book 26, Page 59, of the Public Records of Pinelias County, Florida; thence run along the North line of said Lot 78, 589.11 '25"E, 75,00 feet; thence run along the East line of said Lot 78, SOO.02'26"W. 1 0.00 feet; thence run N86.54'04"W. 75,10 feet to a point on the West line of said Lot 78; thence run along said West line NOO.02'26"E. 7,00 feet to the P.O.B. Containing 637,43 s,f, Cl '" ;... NW Cor Lot 78 P,O.B, NOTE: This is not 0 survey' STEVENSON'S CREEK 75.10' 78 JEFFORDS ST ,EXHIBIT "A" 3= 0<0 0('>/ ON ~p o o U1 f- W W Q::: f- en Z W W Q::: C) Q::: W > W .1 ." Novo 6/6/95 90576LOT,dwg .. I INST # 97-115897 APR 25, 1997 1:55PM ,. i .'" - ,~ PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG 1319 Prepared by and return Earl Barrett Engineering Department city of Clearwater P. O. Box 4748 Clearwater, Fl. 34618 to: CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST THE UNDERSIGNED, owner of a lien on or secured interest in the following described premises: A portion of Lot 78, SIRMONS HEIGHTS FIRST ADDITION, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof, as evidenced by a mortgage dated January 24, 1994 in favor of BARNETT BANK OF PINELLAS COUNTY, INC. a Florida Banking Corporation, as recorded among the Official Records of Pinellas County, Florida in O. R. Book 8550; Pages 1075 through 1078, and assigned on even date to BARNETT MORTGAGE COMPANY, a Florida Corporation, as recorded in 0, R, 8550, Page 1079, said Corporation now doing business as HOMESIDE HOLDINGS, INC" pursuant to those certain Articles of Amendment to Articles of Incorporation of BARNETT MORTGAGE COMPANY adopted May 20, 1996, does hereby consent to and joins in the granting of that certain Drainage and Utility Easement to be given by DONZELL L. MORRISON, an unremarried Divan, mortgagor, in accordance with provisions of that certain Purchase Agreement between said mortgagor and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal t;, Corporation, dated January 27, 1997, and hereby further subordinates said 11;;- r,.., mortgage interest and all of the right, title, interest and claim thereunto a .~ accruing in said premises to said easement grant, together with facilities -----~scribed therein, R:::C F[:'.:.3 rv~T:= PTG IN WITNESS WHEREOF, the undersigned has caused these presents to be 10 day of March 1997, PIC __ signed this D~C ~) ~lgned, sealed and delivered INT ~ tI,e presence of: TOTAL r./"t IS-U/ ) ~ 0~ature in HOMESIDE HOLDINGS, INC~ F/K/A BARNETT MORTGAGE COMPANY By: tf,.. L .~J Print Name Dan L, Musselman Print name Jeanette Cota '-In,. ~ ~~ Wft.h~ure ~ Print name Marilyn Winningham Title Vice President '~"". ,I" I 1 PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG 1320 -" ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion Lot 78, SIRMONS HEIGHTS FIRST ADDITION, Pinellas County, Florida By HOMESIDE HOLDINGS, INC, Dated: March 10, 1997 STATE OF TEXAS COUNTY OF Bexar BEFORE ME, the undersigned, personally appeared Dan L. Musselman as Vice President of HOMESIDE HOLDINGS, INC., who executed the foregoing instrument on behalf of said corporation and acknowledged the execution thereof to be h is free act and deed for the use and purposes herein set forth, [ 1 Personally Known [xl Produced Identification Type of Identification Produced Driver License Y,., . ~; .'" ".. PINELLAS COUNTY FLA. lOFF.REC.BK 9685 PG 1321 LEGAL DESCRIPTION Begin ot the Northwest corner of Lot 78, Sirmons Heights First Addition, os recor~ed in Plot Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the North line of said Lot 78, S89.1,'25"E, 75,00 feet; thence run along the East line of said Lot 78, SOO.02'26"W, 10.00 feet; thence run N86.S4'04"W. 75.10 feet to 0 point on the West line of said Lot 78; thence run along said West line NOO.02'26"E, 7.00 feet to the P.Q.B. Containing 637.43 s,f. ~ ~ NW Cor Lot 78 P.O,8. STEVENSON'S CREEK 7510' 78 JEFFORDS ST NOTE: This is not 0 survey! ~ ~ o' o~ ON -0 b o VI ~ W w n::: r- (j) Z w w n::: o n::: w > w ~l , Novo 6/6/95 90576LOT.dwg f. ". -~ ~ I I PURCHASE AGREEMENT Parcel No.: 78 Project: Stevenson Creek THIS AGREEMENT is made between Donzel L. Morrison. a single man , 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 78 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 (b) Estimated value of additional non-cash consideration, said consideration being: N/A (c) Estimated transaction costs to be paid by PURCHASER $ 595.00 $ 0,00 $ 50.00 TOTAL PURCHASE PRICE INCLUDING COSTS . , . . . . . . . . , . , . . , . , . . . . , . . . . . . . . , , , . . , , ,$ 645.00 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 . .. I I 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, There [ ] is [X] is not an addendum to this agreement. VI. IN VI!/fNESS ~EOF. THE SELLER has caused these presents to be executed this ~ day of ~O"UV\~ ,199~. SELLER: ~~. WITN S ~4.~(Q;, · ~.-?---, I NESS ~tiiJt/rJA~ Donzel L. Mar' on VII. ACCEPTANCE BY THE CITY OF CLEARWATER IN CR" TN0~~ 'f{Hfi~EJF, the City of Clearwater has caused these presents to be accepted this d 7day of ~' 1997 ("Acceptance Date"). CITY OF CLEARWATER, FLORIDA By #M~ Elizabet . Dep a, City Manager Page 2 of 2 ..._.. ~_ ,,- ,4a -I----n--- . .--------- I LEGAL DESCRIPTION Begin at the Northwest corner of Lot 78, Sirmons Heights First Addition. as recorded in Plat Book 26, Page 59. of the Public Records of Pinellas County, Florida; thence r'un along the North line of said Lot 78, S89.11 '25"E, 75,00 feet; thence run along the East line of said Lot 78. SOO'02'26"W, 1 0.00 feet: thence run N86'54'04"W, 75,10 feet to a point on the West line of said Lot 78; thence run along said West line NOO'02'26"E, 7,00 feet to the P,O,B, Containing 637,43 s.f, lil . ';. NW Cor Lot 78 P,O.B, STEVENSON'S CREEK 75.10' 78 NOTE: This is not a survey! JEFFORDS ST EXHIBIT II A" ~ 0'(0 ON ON ~9 o o (/) f- W W 0:::: f- Ul Z w W 0:::: C) 0:::: W > W .1 . , Novo 6/6/95 905 76LOT, dwg ~ -. I I PROJECT: STEVENSONS CREEK PARCEL NO. : 78 DATE: lttJA4.. 26 , 1997 CLOSING STATEMENT GRANTOR: ADDRESS: GRANTEE: Donzel L. Morrison, a single man 1334 Jeffords street, Clearwater, Florida 34616-4248 City of Clearwater, Florida AGREEMENT DATE: January 27, 1997 INTEREST CONVEYED: Perpetual Easement ***************************************************************************** PURCHASE PRICE $ 595.00 ADDITIONAL: MOVING $ -0- PERSONAL PROPERTY $ -0- TOTAL CASH COMPENSATION $ 595.00 DEDUCTIONS: TAX PRORATION $ -0- DOC. STAMPS $ -O- NE T COMPENSATION AT CLOSING WARRANTY WITHHELD, IF ANY $ $ 595.00 -0- CLOSING EXPENSES TO BE PAID BY GRANTEE: Documentary stamps on conveyance $ 4.20 Recording Fees $ 29.00 TOTAL $ 33.20 ENCUMBRANCES CLEARED AT CLOSING: CONSENT TO EASEMENT GRANTED BY HOMESIDE LENDING, INC., MORTGAGEE PER MORTGAGE RECORDED IN O. R. 8550, PGS. 1075-1078, PlNELLAS COUNTY, FLORIDA. ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: NONE 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" ATTACHED HERETO, EITHER RECORDED OR UNRECORDED, EXCEPT THOSE AFOREMENTIONED. GRANTOR ~rdJ~~ onzel L orrison , City Engineer '- .. .. I J LEGAL DESCRIPTION Begin at the Northwest corner of Lot 78, 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 78, S89.11'25"E, 75,00 feet; thence run along the East line of said Lot 78, SOO.02'26"W, 10.00 feet; thence run N86.54'04"W, 75,10 feet to 0 point on the West line of said Lot 78; thence run along said West line NOO'02'26"E, 7.00 feet to the P.O.B. Containing 637.43 5, f. ~ NW Cor lot 78 P.Q,S, STEVENSON'S CREEK 78 JEFFORDS ST NOTE: This is not 0 survey! fXl:iJ.WLK 3: '0: o~ ON -p o o tn ~ W W 0:::: ~ Ul Z w W 0:::: C) 0:::: w > w .1 . , Novo 6/6/95 90576LOT,dwg -'. < ,~ I I Prepared by: City of Clearwater Engineering Dept. Return to: Earl Barrett, City of Clearwater P. O. Box 4748 ClealWater,FL 34618 AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Donzel L. Morrison, a single man, who, being first duly sworn, deposes and says: ( 1 ) That he is the owner of legal and equitable tide to the fOllowing described property in Pinellas County, Florida, to-wit: (see Exhibit II 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 perfonned 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 Barnett Bank of Pinellas County, dated January 24, 1994, as recorded in Official Records Book 8550, Pages 1075 - 1078, 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. (f:rowl common/COClaffldavl, 78) ~":. -....:2 I I (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. ~~ nzel l. Morrison (J~~ L.Ua..U~L 0;, i, rinted Signature J~ ~ Wll~~~te~I~~~ --... STATE OF FLORIDA ) COUNTY OF PINELLAS ) Sworn to and subscribed before me this ~day of V\tUj , 1996. (SEAL) JENNIFER L. CLAUSE MY COMMISSION , cc 820487 EXPIRES: 0cIDber 3, 1997 IIandId 11Iu NaIIIy NlIIc ~ ~~. P t, r Stamp Name of Notary Personally known L or produced identification _ Type of I dentificadon Produced f:row/common/COC/aftidavl, 78) I I LEGAL DESCRIPTION Begin at the Northwest corner of Lot 78, 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 78, S89.11 '25"E, 75,00 feet; thence run along the East line of said Lot 78, SOO.02'26"W, 10.00 feet; thence run N86.54'04"W, 75,10 feet to a point on the West line of said Lot 78; thence run along said West line NOO.02'26"E, 7.00 feet to the P.O,B. Containing 637,43 s, f. l'l . ~ NW Cor Lot 78 P.O.S, STEVENSON'S CREEK 75.10' 78 JEFFORDS ST NOTE: This is not a survey! ~ :3: oio 0("1 ON ~p o o U1 f- W W 0:::: f- U) Z W W 0:::: C) 0:::: W > W 1 . I Novo 6/6/95 90576LOT,dwg