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SALLY KRAIG/ NASTA ...;:. ......:prepared by: City of ClealWater E~ineering Dep~ ~ Return to: Earl Barrett, City of ClealWater P. o. B~ 4748 CI~lWater, FL 34618 INST # 97-115898 APR 25, 1997~_,:f5PM PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG 1322 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, Sally A. craig, f/k1a Sally A. Nasta 1101 Evergreen Avenue Clearwater, Florida 34616 does hereby grant and convey to the CITY O~ 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 W, ITNESS WHEREOF, the party hereto has caused these presents ~~~be duly ex~ed by its property officers thereunto authorized this ~ day of , ~\\~ ,1996. , 11 ROO~1~' \J, ~""" ACCT/' ,.'~ \:, ~ l'J.~ - " .""". FEES____ ~ \ ^~ .. \Ci\~ PT~f- Sally A. craig ~ a PIC ~t!r . J!: /,'115. 'if) If R- ,J 4N E Ii f /J r NY' - witnessfprinte Signa ure <I' . S0 ~. Signed, sealed and delivered in the presence 0 : witness La,-, Vle~ lcbk. witness' Printe Signature . ",:t';,-/ I~YCJ If:row/common/COCleasement. 46) '~~Jd+joa(j F. Do ,>;::, ~i.I_.__.,u,~ / J-jV / )/ - :J 0 (5) "'"-':'" "" I PINELLAS COUNTY FLA. t OFF.REC.BK 9685 PG 1323 page 2 of that Easement between Sally A. Craig, f/k/al Sally A. Nasta, and the CITY OF CLEARWATER, FLORIDA, over, under and across a portion of Lot 46, SIRMONS HEIGHTS FIRST ADDITION. STATE OF FLORIDA COUNTY OF PINELLAS TvOregOing instrument wa~~ledged before me this /,;) cf:, day of .-v?'Ju2./ 1996, by '~ r .J\O~\~~llllll', II. ~-;...~t'~)JEM III///, * ':,,{'\ ......... ~~ ~ ~ -<::. ~~\SSION .... (j'l ~ ~ . <:,\:) 12 €r,o' ~ .::: ....\,. ~~'t. . TI). ~.. ~ : :~ 'S ~ ~.. ~ =*: .... :*= =z : : :: ::;O~ :~~ ~~.. #ce 200098 .. f:P ~ ~'9)..". .. ,g: ~ ~~~i<>i8..... ......~ <<v.# '/111/../C, STP-IS r::s ':1.\\'.... , ,'1/"1/"'\\\\\'" ~<<).4L/~ ~L:dA!u'/s p'rin}~.2Jl~?J ~f Notary . Personally known V" Or produced identification Type of identification produced If:/row/co m mo n/COC/easement.461 '.. . . I PINELLAS COUNTY FLA. IOFF.REC.B~ 9685 PG 1324 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 46, Sirmons Heights First Addition, as recorded in Plat Book 26, Page 59. of the Public Records of Pinellas County, Florida; thence run along the South line of said Lot 46, N89.11'25"W, 70.00 feet; thence run along the West line of said Lot 46, NOO.02'26"E, 2.00 feet; thence run S89.11 '25"E, 70.00 feet to a point on the East line of said Lot 46; thence run along said East line SOO.02'26"W, 2.00 feet to the P.O.B. Containing 139.99 s. f. '... I- W W a: I- (f) Z W w a: C) a: w > w :w 10 N" _ 0 NO o . . N o o z LOTUS PATH 46 589'11'26"[ 70.00' N89'll'2S"W 70.00' STEVENSON'S CREEK NOTE: This is not 0 survey' ~ ;: 10_ NO -NO pN o o lf) SE Cor Lot 46 P.O,8. ,~ .' , Novo 6/6/95 90576LOT.dwg ~ -. INST # 97-115899 A~~~5, 1997 1:55PMI PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG 1325 I ."1 --- 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 46, SIRMONS HEIGHTS FIRST ADDITION, as more particularly described in EXHIBIT UA" attached hereto and made a part hereof, as evidenced by a mortgage dated July 11, 1986 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 6276, Pages 1495 through 1497, and subsequently assigned to BARNETT MORTGAGE COMPANY, a Florida Corporation, 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 SALLY A. CRAIG, F/K/A SALLY A. NASTA, a married woman, mortgagor, in accordance with provisions of that certain Purchase Agreement between said mortgagor and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, dated January 27, 1997, 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 this 10 day of March , 1997. Signed, sealed and delivered in the presence of: _n~!g HOMESIDE HOLDINGS, INC., F/K/A BARNETT MORTGAGE COMPANY By' a.-.1. j/J Print Name Dan L. Musselman Print name Jean~ ~ .' 'Ji) Wi ess Si atur Print name Marilyn Winningham Vice President Title 11 REC7RDINQ ACCT QQ /0 REC 7-rdJO FEES MTF PTG PIC DOC ~__~ ~OTTAL -f-~~ ~ =~'~- .- I PINELLAS COUNTY FLA. tFF.REC.BK 9685 PG 1326 ~l ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion Lot 46, 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~ free act and deed for the use and purposes herein set forth. RHENEA M. IVORY Notary Public. State of Texas My Comm. Exp. 05/18/98 [ 1 Personally Known [Xl Produced Identification Type of Identification Produced Driver License .. ~ . ...-.,.,-- 1]. { I PINELLAS COUNTY FLA I OFF. REC. BK 9685 PG 1327 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 46, Sirmons Heights First Addition, os recorded In Plot Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence r.un along the South line of said Lot 46, N89'11'25"W, 70.00 feet; thence run along the West line of said Lot 46, NOO'02'26"E, 2.00 feet; thence run S89'11'25"E, 70.00 feet to 0 point on the East line of said Lot 46; thence run along said East line SOO'02'26"W, 2.00 feet to the P.O.B. , Containing 139.99 s.f. ~ I- W W ~a:: I- (j) Z W w 0::: C) 0::: w > w NOTE: This is not 0 survey! LOTUS PATH \ . 46 laJ . CD N' . 0 NO O' . N 8 z S89'1) '26"( 70.00' ~ . CD, NO , 0 N. PN o o en N89'l1'2S.W 70.00' ,l . , STEVENSON'S CREEK ~ Novo 6/6/95 90576LOT.dwg -,-.....!. I I PURCHASE AGREEMENT Parcel No.: 46 Project: Stevenson Creek THIS AGREEMENT is made between Sally A. Craig. f/k/a Sally A. Nasta , 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 46 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 $ 130.00 $ 0.00 Estimated transaction costs to be paid by PURCHASER $ 45.00 (c) TOTAL PURCHASE PRICE INCLUDING COSTS........................ . . . . ..... . .... . $ 175.00 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 .~TN~S~~HEREOF. THE SELLER has caused these presents to be executed this lJ. *' day of tjO\!=y , 199-"-. \\ ~LLER: ~ \\ . ~~~ . SaIlYA.craig\JCJ...\ ~ 6/ f~~ WITNESS ' VII. ACCEPTANCE BY THE CITY OF CLEARWATER IN ITNESS WH RE F, the ~y of Clearwater has caused these presents to be accepted this d1 day of , 199-1- ("Acceptance Date"). CITY OF CLEARWATER, FLORIDA By: Elizabe#D:t~ Ma:ager t;- Page 2 of 2 .' '-r-n_--,- -.--. .----- I LEGAL DESCRIPTION Begin at the Southeast corner of Lot 46, 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 South line of said Lot 46, N89'1"25"W, 70.00 feet; thence run along the West line of said Lot 46. NOO'02'26"E. 2.00 feet; thence run S89'11'25"E, 70.00 feet to a point on the East line of said Lot 46; thence run along said East line SOO'02'26"W, 2.00 feet to the P.O.B. . Containing 139.99 s. f. '- LOTUS PATH f- W \ . W 0:::: I- Ul Z 46 W W 0:::: C) 0:::: W > W }Ll (0 N- o 0 NO o . . N o o z 589""26"E 70.00' N89""2S"W 70.00' STEVENSON'S CREEK EXHIBIT II A" NOTE: This is not 0 survey! ;: (0. NO 'NO ON o o V1 SE Cor Lot 46 P.O.B. 1 - ' , Novo 6/6/95 90576LOT.dwg ~, 11. I I PROJECT: PARCEL NO. : DATE: STEVENSONS CREEK .vi, , / ' 46 ~::J.../ , 1997 CLOSING STATEMENT GRANTOR: Sally A. Craig, a married woman ADDRESS: 2078 Magnolia Drive, Clearwater, Florida 34624-4827 GRANTEE: City of Clearwater, Florida AGREEMENT DATE: January 27, 1997 INTEREST CONVEYED: Perpetual Easement ***************************************************************************** PURCHASE PRICE ADDITIONAL: MOVING PERSONAL PROPERTY TOTAL CASH COMPENSATION DEDUCTIONS: TAX PRORATION DOC. STAMPS $ $ $ -0- -0- 130.00 $ 130.00 $ $ -0- -0- NET COMPENSATION AT CLOSING WARRANTY WITHHELD, IF.ANY $ $ 130.00 -0- CLOSING EXPENSES TO BE PAID BY GRANTEE: Documentary stamps on conveyance $ 1.40 Recording Fees $ 25.00 TOTAL $ 26.40 ENCUMBRANCES CLEARED AT CLOSING: CONSENT TO EASEMENT GRANTED BY HOMESIDE LENDING, INC., MORTGAGEE PER O. R. 6276, PGS. 1495-1497, PUBLIC RECORDS OF 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. ~.. ~.r'..... . ;....} ~.... 7/'1' I I LEGAL DESCRIPTION Begin at the Southeast corner of Lot 46, Sirmons Heights First Addition, as recorded in Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the South line of said Lot 46, N89.11'25"W, 70.00 feet; thence run along the West line of said Lot 46, NOO.02'26"E, 2.00 feet; thence run S89.11'25"E, 70.00 feet to a point on the East line of said Lot 46; thence run along said East line SOO.02'26"W, 2.00 feet to the P.O.B. Containing 139.99 s.f. R . ~ I- W W 0:::: I- (j) Z W W 0:::: C) 0:::: W > W NOTE: This is not 0 survey' LOTUS PATH 46 w . U) N" . 0 NO PN o o z S89.11 '26"[ 70.00' ~ iD. NO 'N~ ON o o If) N89.11'25"W 70.00' , . . STEVENSON'S CREEK SE Cor Lot 46 P.D.B. fXl:t.J..6ILK 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 Clearwater, FL 34618 AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Sally A. Craig, f/k/a Sally A. Nasta, . who, being first duly sworn, deposes and says: ( 1 ) That she 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. (J) 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 ai€ no !lens 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 July 11,1986, as recorded in Official Records Book 6276, Pages 1495 - 1497, 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: row! common! affidavl.46) , 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. Lor I. PI'~ Witness' Printed . STATE OF FLORIDA ) COUNTY OF PINELLAS ) Sworn to and subscribed before me this /~ay of cr-~ , 1996. \\\\\\\\111111"'/, ~~\'c.~j,..\E JEN/!I",- ~~'~ ....... '1//1" ~~ s: .- ..'~~ ";Ill! S .~. ~\SS'ON .(',...JS' ~ .:::'. .JaL' \'-'r~ . ~ ~ .. ~ ^ ~ ~ e. ~ ~ .~~ <g,~.: - . . - =*: .... :*E - . . - ::;~~ :~.: ~ 3. ... #CC 200098 ... ~ i ~~ . . c:5 ~ / %~(;~........~~~~ Personally known ~ or produced identification_ "1111~~71:rI1~~\\'\\'" Type of Identification Produced R 0 s /l L / "c -...d E /l/f( /IV S Print, Type or Stamp Name of No~ry Q~~~ (f:row/ common/COC/ affidavi. 46) . ..(l~~--'.L _ I I LEGAL DESCRIPTION Begin at the Southeast corner of Lot 46, Sirmons Heights First Addition, as recorded In Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the South line of said Lot 46, N89.11'25"W, 70.00 feet; thence run along the West line of said Lot 46, NOO.02'26"E, 2.00 feet; thence run S89.11 '25"E, 70.00 feet to a point on the East line of said Lot 46; thence run along said East line SOO.02'26"W, 2.00 feet to the P.O.B. Containing 139.99 s. f. ;. I- W W 0::: I- If) Z W w 0::: C) 0::: W > W NOTE: This is not a survey' ~ 1O N' . 0 NO o . . N o o z LOTUS PATH 46 S89"11'26~'E 70.00' N89"11'25"W 70.00' STEVENSON'S CREEK .~ ;: 1O. NO 'NO ON o o Vl SE Cor Lot 46 P.O.B. l " , Novo 6/6/95 90576LOT.dwg