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TOM FALONE III INST # 96-125597 MAY 8, 1996 4:34PM r . ..... -- " ..\:. c. :' ;"" 1~ 11--RECOR01N(? ACCT LJ.s:Q. CODE _~.Q.. H EC ____- IPINELLAS COUNTY FLA ,OFt. REC. BK 9~~~__I'G2375 / r)F,219.._.______ 1lC' 'l...~ ,,~) ~__,_"_...___ Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. o. Box 4748 Clearwater, Fl. 34618-4748 ::~T f~!C 8tH-: _.~_._'.'4'.____ '?-~ E', E ~~ ~!~ -r ~: .----- S I Di5'.~::~!f1t ~ 0 f1J:-s E MEN T FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to them the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Tom Falone, III, a married man 1200 Hermitage Avenue Clearwater, Fl. 33546 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: A portion of the SE~ of the NW~ of section 13, Township 29 South, Range 15 East located according to the plat of property of A & W GLADS, INC., recorded in Plat Book 25, on Pages 53 and 54, of the Public Records of pinellas County, Florida, as more particularly described in attached EXHIBIT A. This easement is for sidewalk purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter the above described premises and inspect the placement and dimensions of said sidewalks to insure conformance with City specif ications and thereafter maintain same from time to time; and that, The GEl~ERAL PUBLIC shall have full and free use of said sidewalk at any time and all times for traveling purposes. IN WITNESS WHEREOF, the party hereto has caused these presents to be duly executed this '-;).j) day of /1?J?/fclf ' 1996. signed, sealed and delivered in the presence of: ~~om~~ '._ "._.". . ...' 'J 0 ~,uc,."...,'t..rv IJX I L. ..__.-L..__ ~~~~. SS . j u he.. VOS(~ f r.J,J Witn~;d Si~ WIT~S C!C n ~in. IL ~.r-I( Witness' Printed Signature ______._. l"l:'f"'".''' Tc': P:l. ,.....~....:I.~'k..r.....'. .'.., ','\1 1'.'_ I....ul. I. ....'d .._ ..;., ~,I~.f, I,. _ -', . ~. '~ ~" By .__......_ W~j-JULy ...i"rll Page 1 of 3 j/, i ,~, / -" \, .", I I PINELLAS COUNTY FLA OFF.REC.BK 9335 PG 23i6 Acknowledgement: RE: Sidewalk Easement Grantor: Tom Falone, III Grantee: City of Clearwater STATE OF FLORIDA COUNTY OF PINELLAS . . ... _ The foregp~~~,_ instr.ument was ackno~ledged before me this (~ day of tn 'AiR C 1:i:....-, l~by'-nnrr"'Fa:'lonl!,'.1. IT. ~Gf. ~~ ~ry Public - State Florida Print name Lh.GANO Il. L. Sc..AfZ,F'oIVc '--'i'}~iClf\r:'~T0'7':~(i).[:J EI.c'.;1J'-;t;~~. t ~~';::'~",~~1Jtl.;'}l l.1,/:, f;'~t' '-.<' j;'~~ '!'t~ C~'-:,'</ ~7;,: <.m "':;i7 i"V:.'lT~~/ N(1J,....... 'f<. i i.'.'.'i:...I.l.~.' _~,~.;..,.. (".. .~ t......'.....!".,,~."_.;.)~ Cor n,~r"'-'":".:-.i' .^_ ,"""..f"".C" ~ .J.M;;'1t.,.,~:...".~':\,t.>"~ '\I .1''''''''. "\.;..-'~,\:~,.' ;:l\~L , NY " --.~. ONlKP M.'."&.1.:7}t~~ l><1 Personally known [ ] Produced Identification Type of Identification Produced Page 2 of 3 .. -, I I . , ," PINELLAS COUNTY FLA. OFF.REC.BK 9335 PG 2377 MORTGAGEE CONSENT TO EASEMENT . . Cleveland CITIZENS BANK AND TRUST, f/k/a Cltlzens Bank of Clearwater, 1150~Few Street, Clearwater, Florida 34615, a Florida Banking Corporation, on this aolfJ- day of n1Q,cll , 1996, in consideration of receipt of One Dollar ($1.00) and other good and valuable consideration, which is hereby acknowledged, and execution of the grant of easement or right-of-way by the fee owner of the premises described herein, the terms of which are incorporated herein and, by reference, made a part hereof, being the owner and holder of all the indebtedness secured by that certain mortgage dated March 28, 1988 and recorded in O.R. Book 6710, Page 1801, said mortgage having been subsequently modified by that certain Mortgage Modification Agreement dated March 28, 1991, recorded in O.R. Book 7528, Page 1549, further modified by that certain Mortgage Modification Agreement dated August 28, 1992, recorded in O.R. Book 8046, Page 2178, and further modified by that certain Mortgage Modification Agreement dated August 31, 1995, recorded in O.R. Book 9095, Page 502, all being in the Public Records of Pinellas County, Florida; hereby consents and agrees to the grant of easement as described herein, and grants to the City of Clearwater, Florida, a Florida Municipal Corporation, Grantee, its successors and assigns, the same right-of-way, and agrees that such right-of-way shall be prior and paramount to all rights under such mortgage, and any future modifications thereof; and that any sale under foreclosure of said mortgage shall be subject to such right-of-way. Signed, sealed and delivered in the presence of: CITIZENS BANK & TRUST, f/k/a citizens Bank of Clearwater B"-- ~~tone , President ~t~'A%7(",I~M; Print name K.r/jfJ/J€.-Il-lJ7d~Y'm,c,t b'f!~~ WITN . (I prin name hh <( f(. III ()S~S STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ;?6~ day of (hCtrch , 1996 by David P. Stone, as President, Citizens Bank and Trust, f/k/a citizens Bank of Clearwater, on behalf of said corporation and for the purposes described therein. ~1')~1u.< //rJtt edh&ucL Not ry Public - State of Florida Print name /&;5 ~.1L- 14- /nd~.A'YJ1'c/~ [~ Personally Known [ ] Produced Identification Type of Identification Produced Page 3 of 3 .', \ \ -.. , ! t- I I I I I I I I I I I I I \ \ \ \ \ , \ \ \ N01'2\rt,8"W 5, n{' \ \ \ " ~f[j111 _ ==~~_8_~~~'5~"~ i~' '~J~_-~~~~]'1~~~==J l~. ~S~IN6~E~t.c~~~NJr. NW 1/4 ~ i: ~ or SECTION 13, TOWNSHIP 29, RANGE 15 : ~ ~ .. ~ ~ ~ GULF-TO-BAY (SR 60) S89'22'53"E 30.00' LEGAL DESCRIPTION: THAT PART OF THE SE 1/4 OF THE NW 1/4 or SECTION 13, TO'HNSHIP 29 S, RANGE 15 E, LOCA TED ACCORDING TO THE PLAT OF PROPERT'f OF A&W GLADS, INC., RECORDED IN PLAT BOOK 25, ON PAGES 53 AND 54, OF THE PUBLIC RECORDS OF PINELLAS COUNT'f, FLORIDA, AND DESCRIBED AS FOLLOWS: BEGIN AT THE SW CORNER OF SAID SE 1/4 OF NW 1/4, AND RUN THENCE S 89'22'53" E, ALONG THE CENTERLINE Of GULF TO BAY BOULEVARD 30.0 FT.; THENCE RUN N 01'27'18" W, 50.03 FT. TO A POtNT IN THE NORTH RIGHT-Or-WAY BOUNDARY OF GULF TO BAY BOULEVARD WHICH IS 30,0 FT EAST ALONG SAID BOUNDARY FROM ITS INTERSECTlON WITH THE \'vfST BOUNDARY OF SAID SE 1/4 OF NW 1/4 FOR THE POB. FROM mE POB THUS ESTABLISHED, CON TlNUE N 01 '27'18" W ALONG THE EAST BOUNDARY or ARCTURAS A VENUE RIGHT-OF - WA Y 5.81 fT.; mENCE S 46'02'13" E' 7.46 FT.; THENCE N 89'22'53" W ALONG THE NORTH BOUNDARY OF GULF TO BAY BOULEVARD 5.1a FT., TO THE POB. CONTAINING 13 SQUARE fEET, MORE OR LESS. ..J <( " W ..J ./ o o ('oj Lt) I '<t ('oj o ('oj ./ o o ci o I '<t ('oj o ('oj ./ o <( U ./ ":) W ::::E <( z W ..J G: o W ..J <( U (/) I ... L FALONE COMMERCIAL CEN TER I EXIllBIT A ~ < en < 0:: ::) t- O 0:: < 0' 10' 20' ~.. -~ ..--- SCALE: ," = 10' ,~ . . co ..- .'~ N . .- '0 ;z: PROPOSED EASEMENT TO CITY OF CLEARWATER /;'Dill: L ~IS SKETOi DOCS NOT "[PRE SENT A BOUNDARY SURVEY. 2. BEARINGS AAE BASED UPON THE PLAT or "A. Ie W, GUOS. INC.. /oS REFERRED TO IN LEGAl DESCRIPnON. o;t '<t ,;.j W ::::E F to 01 ........ to ('oj ........ N o PROJECT NO" 2024-52,00 DRAWN BY: CJM CHECKED BY: TJ8 W t- <( o DA TE PREPARED 02/26/96 TOM f ALONE COMMERCIAL CENTER GULF- TO-BAY AND ARCTURAS AVENUE CLEARWA TER, FLORIDA T:E SIDEWALK EASEMENT TAMPA BAY ENGINEERING, inc, 102 w. ~mNG STREET SUITE 400 TAMP A. Fl 33602 PH (813) 221-0048 o 'TI 'TI ."t:l :;dl-i \:%1'2: n\:%1 ,t'" t):It'" ~~ ({.l ~ wn wO UlC '2: ~ "t:l>-< G'1'T1 Nt'" w~ -...1' CXl