JANICE FURST
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INST # 97-115901
APR 25, 1997 l:55PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1331
Prepared by & return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
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FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash
hand paid to her, the receipt of which is hereby acknowledged,
benefits to be derived therefrom,
JANICE A. FURST, an unremarried woman
1349 Lotus Path
Clearwater, Florida 34616-4296
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 a part
hereof)
This easement is for drainage installation and maintenance
purposes.
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 facilities and to inspect and alter
such drainage facilities from time to time.
Grantee's right to construct any drainage facilities,
specifically; a gabion wall, within the easement premises shall be
subj ect to the following limitations: The exposed top of gabion
wall shall extend no further into the easement premises than five
(5) feet at the eastern boundary of Grantor's property, zero (0)
feet at the western boundary. The below ground footer at the base
of the gabion wall may, however, extend up to two (2) additional
feet into the easement premises. Grantee shall replace Grantor's
wood fence immediately adjacent to and abutting the top of gabion
wall immediately upon completion of construction.
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IN, WITNESS WHEREOF, the Grantor has set her hand and seal this
':<~.l!!:- day of ~ , 1997.
WI
STATE OF FLORIDA
COUNTY OF PINELLAS
instrument was acknowledged before me this ~V~
1997, by Janice A. Furst, an unremarried
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'!' ~.."v Pi/#. Earl W. Barrett. (
. ,~~ NotarY Public, State of Flonda ~
'. · 'a....~ Commission No. CC 537063
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EXHIBIT "A"
PINELLAS COUNTY FLA.
I OFF.REC.BK 9685 PG l333
LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 45, 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 45, N89011'25-W, 70.00 feet; thence run along the
West line of said Lot 45, NOO.02'26-E, 2.00 feet; thence run N86.43'15-E, 70.11 feet
to a point on the East line of sold Lot 45; thence run along sold East line SOO.02'26-W,
7.00 feet to the P.O.B.
Con taln ing 314.98 s. f.
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NOTE: This Is not a surve)'l
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6/6/95 REVISED 01/10/97
95076LOT.dwg
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INST # 97-115902
APR 25, 1997 1: 55~_'.__
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PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG l334
Prepared by and return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618
:,~ CTR Ll'-~Si 7 0
f,EC l.$~M
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
FEES
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---,. -.,~ THE UNDERSIGNED, owner of a lien on or secured interest in the
-,--.---following described premises:
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as evidenced by a mortgage dated August 6, 1993 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 8372, Pages 1603
through 1607, and assigned on even date to BARNETT MORTGAGE COMPANY, a Florida
Corporation, as recorded in O. R. 8372, Page 1608, 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 JANICE A. FURST, an unremarried
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.
A portion of Lot 45, SIRMONS HEIGHTS FIRST ADDITION, as more
particularly described in EXHIBIT "A" attached hereto and made
a part hereof,
IN WITNESS WHEREOF, the undersigned has caused these presents to be
signed this 12 day of March , 1997.
Signed, sealed and delivered in
the presence of:
HOMESIDE HOLDINGS, INC., F/K/A
BARNETT MORTGAGE COMPANY
Witn~~
By:
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Print Name Dan L. Musselman
p,rint name Jeanette c, ot~ 4
'-In . ~~ Title
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Vice President
Print name Marilyn Winningham
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1" PINELLAS COUNTY FLA.
bFF. REC. BK 9685 PG 1_~3~_,
ACKNOWLEDGMENT: Easement
Consent & Subordination
RE: Portion Lot 45, SIRMONS
HEIGHTS FIRST ADDITION,
Pinellas County, Florida
By
HOMESIDE HOLDINGS, INC.
Dated: 3-12-97
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 his free act and deed for the use and purposes herein set forth.
RHENEA M. IVOR.Y
Notary Public, State of Texas
My Comm, Exp. 05/18/98
[ 1 Personally Known
[xl Produced Identification
Type of Identification Produced Driver Licenses
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PINELLAS COUNTY FLA.
fF~.~~C.BK 9685 PG 1336
I
EXHIBIT" A"
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LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 45. Sirmons Heights first Addition. os recorded in
Plot Book 26. Page 59. of the Public Records of Pinellas County. Florida; thence run
olong the South line of said Lot 45. N89'11'25.W, 70.00 feet; thence run olong the
West line of said Lot 45. NOO"02'26-E. 2.00 feet; thence run N86'43'1S-E. 70.11 feet
to 0 point on the East line of said Lot 45; thence run along sold East line SOO'02'26.W.
7.00 feet to the P.O.B.
Containing 314.98 s. f.
LOTUS PA TH
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6/6/95 REVISED 01/10/91
95016l0T.dwg
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PURCHASE AGREEMENT
Parcel No.: 45
Project : Stevenson Creek
THIS AGREEMENT is made between JANICE A. FURST, an unremarried woman, 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 1 ST ADDITION, Lot 45 & Riparian riahts,
in the Public Records of Pine lias County, Florida, incorporated herein by reference.
[] Fee Simple
[X] Permanent Easement Reference: Exhibit "An 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
$ 293.00
(b) Estimated value of additional non-cash consideration, said consideration being:
(Removal of laroe tree stump in southwest corner of orantor's property, and remainder of
"topped" palm tree adiacent to deck near the eastern property boundary)
$ 475.00
(c) Estimated transaction costs to be paid by PURCHASER
$ 75.00
TOTAL PURCHASE PRICE INCLUDING COSTS..,......................... ... ...... ... .......................,......... $ 843.00
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
DepartmenUAdministrative 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) The 314.98 square foot easement being granted hereby as described and depicted in EXHIBIT "A" attached
hereto represents a modification and reduction of the initially proposed easement grant of 402.47 square feet. It is
specifically agreed that the exposed top of gabion wall shall extend no further into the easement grant than five (5) feet
at the eastern boundary of Grantor's property, not more than zero (0) feet at the western boundary. The gabion wall
footer required for construction, however, may extend up to two (2) additional feet into the easement premises at the wall
base.
(c) 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.
(d) Purchaser agrees, and Seller authorizes, restoration to the present or equal condition, any construction
impacts whatsoever to Seller's property up to 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, and shall include replacement installation of Seller's wood fence immediately adjacent to and
abutting the top of gabion wall.
Page 1 of 2
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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.
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 ~NESS WHEREOF, THE SELLER has caused these presents to be executed this/~day of
~". ,1997.
LER: JANIC ./ UR
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VII. ACCEPTANCE BY THE CITY OF CLEARWATER
1~'J1S W~~he City of Clearwater has caused these presents to be accepted this M day of
...u " 1997("Acceptance Date").
CITY OF CLEARWATER, FLORIDA
By:
9f;:"~
Elizabeth ty'Deptu ,City Manager
Page 2 of 2
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EXHIBIT "A"
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LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 45, 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 45, N89"11'25"W, 70.00 feet; thence run along the
West line of said Lot 45, NOO"02'26"E, 2.00 feet; thence run N86"43'15"E, 70.11 feet
to a point on the East line of said Lot 45; thence run along said East line SOO"02'26"W,
7.00 feet to the P.O.B.
Con tain ing 314.98 s. f.
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NOTE: This Is not a survey!
LOTUS PA TH
45
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P.O.B.
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6/6/95 REVISED 01/10/97
95076l0T.dwg
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PROJECT:
PARCEL NO. :
DATE:
STEVENSONS CREEK
45
~ ,)..tf , 1997
CLOSING STATEMENT
GRANTOR:
ADDRESS:
GRANTEE:
Janice A. Furst, an unremarried woman
1349 Lotus Path, Clearwater, Florida 34616-4296
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-
768.00
$
293.00
$
$
-0-
-0-
NET COMPENSATION AT CLOSING
WARRANTY WITHHELD, IF ANY
(*) $
$
293.00
-0-
CLOSING EXPENSES TO BE P~D BY GRANTEE:
Documentary stamps on conveyance $ 5.60
Recording Fees $ 25.00
TOTAL $ 30.60
ENCUMBRANCES CLEARED AT CLOSING: CONSENT TO EASEMENT GRANTED BY HOMESIDE
LENDING, INC., MORTGAGEE PER O. R. 8372, PGS. 1603-1607, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
(*)ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: DURING CONSTRUCTION,
CONTRACTOR TO REMOVE LARGE TREE STUMP IN SOUTHWEST CORNER OF GRANTOR'S
PROPERTY, ALONG WITH REMAINDER OF "TOPPED" PAIM TREE ADJACENT TO DECK NEAR
THE EASTERN PROPERTY BOUNDARY. (ESTIMATED COST: $475.00 PER CONTRACT)
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.
CI
:ATER, GRANTEE
/
By:
Ric
City Engineer
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EXHIBIT "A"
I
LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 45, 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 45, N89.11'25"W, 70.00 feet; thence run along the
West line of said Lot 45, NOO.02'26"E. 2.00 feet; thence run N86.43'15"E, 70.11 feet
to a point on the East line of said Lot 45; thence run along said East line SOO.02'26"W,
7.00 feet to the P.O.B.
Containing 314.98 s. f.
.
.
..
LOTUS PATH
45
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STEVENSON'S CREEK
NOTE: This Is not 0 survey!
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P.O.B.
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6/6/95 REVISED 01/10/97
95076LOT.dwg
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
Janice A. Furst, an unremarried woman, 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:
(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 . Tha t there has
furnished on said property
labor or materials against
"NONE") :
been no labor performed or materials
for which there are unpaid bills for
said property, except (IF NONE INSERT
/V'tJN E-
That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except:
That certain Mortgage dated August 6, 1993 given to Barnett
Bank of Pinellas County, Inc. as recorded in o. R. Book 8372,
Pages 1603-1607, assigned to Barnett Mortgage Company, now
known as Homeside Lending, Inc. on August 6, 1993 as recorded
in o. R. Book 8372, Page 1608, all being in the Public Records
of Pinellas County, Florida.
6. That there is no outstanding sewer service charges or
assessments payable to any government.
WI
That the representations embraced herein are for the
of inducing CITY OF CLEARWATER, its agents, successors and
rely the reo
T
Page 1 of 2
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Acknowledgment: Janice A. Furst
Affidavit of No Liens Dated .1'-2.tf-9?
RE: Drainage Easement to City of Clearwater
Sworn
~ subscribed
to before
, 1997.
me
this
;<$
day
of
No~rida
My tI.iI~>>,fN.i1.QNl1I1.wmqj..);~twm (
:1' Q.....'^y Pfltt. Earl W. Barrett ~
: ' .. ~'b Notary Public, State of Florida <
, : ~...~ Commission No. CC 537063 ~
;. '> OF t\.o~ My Commission Expires 05126100 <
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Page 2 of 2