PINELLAS COUNTY VOA ELDERLY HOUSING INCORPORATED
rINST t 9?-..1C)6489 .' .. '''L-3c:;.-nL.9
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1 .-'~OR . AND-I~-~~~;ID;~;ION of the sum of
paid to ~ it , the receipt of which
benefits to be derived therefrom,
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. PIN E I... L. A ::L-G-O..UN.T Y F L. A .
T- OF~NLC~f 7755 ~~7~
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51,00 cash in hand
is hereby acknowledqed, and the
PINELLAS COUNTY FLA.
OFF.REC.BK 7923 PG 1929
PlNELLAS COUNTY ...-----------..----.,--------.. - -- ----
~I~VOA ELDERLY HOUSING, INC.,
A FLORIDA CORPORATION NOT FOR PROFIT
CLEARWATER, FLORIDA
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dOmL- hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a;:::2
perpetual easement over, under and across the following described land, lying ~ ~
and being situate in the County of Pinellas, state of Florida, to-wit:
A Twenty (20') foot sanitary sewer easement lying ten (10') each
side of the following described line. f2~ ....._..'
From the Southwest corner of Lot 12, Block "W" of HIBISCUS GARDENS," l~~
as recorded in Plat Book 14, Pages 55-59 of the Public Records otCCCT/~
Pinellas county, Florida, said corner also being the Northerly--=~-----'--
right-of-way line of Franklin Street; thence S 89017 '12" East aloncfEc .LSzD
said right-of-way, a distance of 59.89 feet to the POINT OtL,ES .----
BEGINNING; thence N 21057148" East 349.84 feet; thence N 16008'201'..:7[: ,,----.--
East to a POINT OF TERMINATION on the South right-of-way line OfTG -----
Pierce;..T~~heet.t Said point lying S 88051140" East 153.00 feet from"c ----
the ~tll~lii corner of Lot 1, of said Block "w" of HIBISCUS'oC -----
GARDENS. Bearings and distances are based on a Boundary Survey an..r; A
Legal Description of Land by Norbert L. Fuller for Florida voil T li.~(X)
Elderly Housing dated June 26, 1987, Revised February 6, 1990. .~
11 RECORDIN,c;;
This easement being for sanitary sewer installation and maintena~~/ oOlv
purposes. ----.(1
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liEe:
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter u~bh--
the above described premises and to construct, install and maintain'"
thereon any sanitary sewer lines and to inspect and alter such sanitait
sewer lines from time to time, ?'C
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IN WITNESS WHEREOF, the party(s) hereto have set their
seal this 12th day of August , 1991,
andlNT
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Signed, sealed and delivered
in the presence of:
FlNELLAS COUNTY
~ VOA ELDERLY HOUSING, INC.,
A FLORIDA CORP. NOT FOR PROFIT
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Witnes ' Printed Signature
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FEES
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PRESIDE1~~'_"}j,j,, "
3813 N. Causeway Blvdo
Metaire, LA, 70002-1784
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REnJRN TO: ..rl\M~l;.r;; : ':'. DEBI...AI<J?Ft~/ CL.l~.;.
cnv CLERK ~C[) H II_ vr~'" IF I F1Y'B)':~___
POST OfFICE BOX 4148 \<t,F:I...EE~:-s.t~r.:;~::;F::: ~ j~;Eni<,
; CLEARWATER, R. 34618.4748 F:FCUF).D' ')Eh J I.. .i. 1::.:0 ~.'.'
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WITNESS
\~ ATTEST:
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ANNE W, ROUSSEL
Witness' Printed Signature
Documentary TalC Pet, e
· Inanlllble Tu Pd.
Karlee&l~rrm.Plnallas County
By O.lNty Clert
KARLEEN F. DEBLAKER, ~fRK.'.'.
RECORD VERIFIED BrLJ.'::::':..___
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STATE OF LOUISIANA
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PINELLAS COUNTY FLA.
OFF.REC.BK7?2~ PG 1930
PARISH OF JEFFERSON
Before me, the undersigned authority, this day personally
appeared JOHN H. NORMAN and RICK POWELL to me well known and
known to me to be the individuals described in and who executed the foregoing
instrument as President and Assistant Secretary respectively, of the
corporation named in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf of
and in the name of said corporation as such officers; that the seal affixed
to said instrument is the seal of said and that it was affixed thereto by due
and regular authority; that they are duly authorized by said Corporation to
execute said instrument and that said instrument is the free act and deed of
said Corporation 0
WITNESS my hand and official seal this 12th day of
A,D, 1991.
August
AT DEATH
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PINELLAS COUNTY FLA.
OFF .Fi~G~_EtK__7~2:3 _F'G _l23J_
NW
Iil3cCor Lot I, Blk W
Hibiscus Gardens
Point of Termination
PIERCE
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COLDSTREAM
CONDOMINIUM
C.P.B. 93 - 116
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NOTE: This is not
a survey!
SW Cor Lot 12, Blk W
Hibiscus Gardens
P.B. J 4, PG.!)5-59
FRANKLIN
ST.
LINE DiRECTION
-rr------N89;17'1Z" W
L2 S 88051 40' E
DISTANCE
59.89'-
153.00'
VOA.DWG
Ag 7/29/91
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ILYrt'Y II. :I. ~
INST :I: 92-156490
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SUBORDINA TION TO EASEMENT AGREEMENT
THIS SUBORDINATION TO EASEMENT AGREEMENT (the "Agreement") is entered into
this 27th day of April , 1992, by and between The Secretary of
Housinq and Urban Development (HUD) (the "Mortgagee"),whose mailing address
~ is: 325 West Adams Street, Jacksonville, Florida 32202, and the City of
- rl! Clearwater, Florida, a Florida l.1unicipal Corporation (the "Grantee"), whose
1 '\(X:.J(,.. R~.. G mailing address is City Clerk's Office, P.O. Box 4748, Clearwater, Florida
CC O:~~ 34618-4748.
EC ~~THIS AGREEMENT is entered into regarding the following real property situated
[E8,---.o. in, lying and being in pinellas County, Florida, and being described to wit:
-,------~ A twenty (20') foot sanitary sewer easement lying ten (10') each side of the
-------following described line.
'oc From the Southwest corner of Lot 12, Block "W" of HIBISCUS GARDENS, as
NT. recorded in Plat Book 14, Pages 55-59 of the Public Records of Pinellas
"'OTAl --County, Florida, said corner also being the Northerly right-of-way line of
I \[)~ Franklin Street; thence S 89017'12" east along said right-of-way, a distance
:.~ of 59.89 feet to the POINT OF BEGINNING; thence N 2P 57' 48" East 349.84 feet;
i/"-' thence N 16008' 20" East to a POINT OF TERMINATION on the South right-of-way
line of Pierce street. Said point lying S 88051'40" East 153.00 feet from the
Northwest.NOctk~ corner of Lot 1, of said Block "W" of HIBISCUS GARDENS, Bearings lO
and distances are based on a Boundry Survey and Legal Description of Land by I~
Norbert L. Fuller for Florida VOA Elderly Housing dated June 26, 1987, Rev~~edRE
February 6 1990. ,CORD!NG
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--~---
WHEREAS, Pinellas County VOA Elderly Housing, Inc., a Florida corporationr--.-C~_C__..
(the "Fee Owner"), whosemailingaddressis3813N.causewayBl..Metairie.REC!.9....SO
Louisiana, 70002-1724, is the owner in Fee Simple of aforesaid real proper~~s--
and
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WHEREAS, in consideration of Mortgagee granting and funding HUD
Regulatory Agreement No. 067-EH263, said Fee Owner has executed
Mortgage and certain other instruments of security (hereinafter
of Security") in favor of the Mortgagee, and
Loan and ?TC
a Note and P /C
" Instrument;:a)c
WHEREAS, certain of such Instruments of Security, and specifically the
mortgage, encumber the fee simple title of the Fee Owner in The Property, said
mortgage being recorded in Official Records Book 7374, Page 0491, of the
P'..lblic Records of Pinel- las' County,---F-iod:da, and
~ WHEREAS, the Fee Owner has granted to Grantee an Easement as described in
~ Exhibits "A" and "B" attached hereto and by this reference made a part hereof,
w~. to construct, install and maintain sanitary sewer installation upon the
Property by virtue of said Easement between Grantee and Fee Owner, to be
recorded with but prior to this document in the Public Records of Pinellas
;. ;:county, Florida, (the "Easement"), which improvements will benefit the
W ~ Property;
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NOW THEREFORE, for and in consideration of the premises, and for other good
::;::w
W ~ and valuable consideration in hand paid to the Mortgagee, receipt of which is
~ ~ hereby acknowledged, the Mortgagee does hereby covenant and agree as follows:
~
ee
~ W.(J.) Subo.:r.dination:The Mo.rt,gag(~edoes hereby consent to and agree that its
~ first mortgage lien and all other right, title and interest in the Ease~ent
~Q which is encumbered by Mortgagee's Instruments of Security, is hereby made
wee subject, subordinate and inferior to the Easement in favor of the Grantee,
..JO
ee~ (2) Default: Mortgagee hereby warrants and represents to Grantee that it is
<=ee
~ the current owner and holder of the Lender's interest in the first mortgage
:"~..:.... t:
RETURN TO~
CITY CLERK
POSTOFFICE 80XA-1~ij
CLEARWATER, FL 34~1 ~~41~~
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and Instruments of Security described herein and that no defaults presently
exist thereunder; and that in the event of future default requiring
foreclosure of this first mortgage and Instruments of Security, that the
Easement shall survive and be enforceable.
(3) Modification: This Agreement shall not be modified or amended except in
writing between Mortgagee and Grantee,
(4) Benefit: This Agreement shall be binding on Mortgagee and its successors
and assigns and shall insure to the benefit of Grantee and its successors and
assigns.
IN WITNESS WHEREOF, the Mortgagee has executed this Agreement on the day
and year first above written.
signedl sealed and delivered
~1J;;;;Z~'. ~
signature of witness !Ie
De Shorie E, Wanton
Typed, printed or stamped name
BY:
STATE OF
FLORIDA
COUNTY OF
DUVAL
The foregoing instrument
of AiEil '. 19 92 ,
l1anager
was acknowled.ged befQ~.~rne this 27th dav
by j.;l!i~lapI-'n -- , (Title)
, who is personally known to me ~~~~~
as identification and who G-i:G-jdid not take an oath.
~.....I. TN....E.....S.s.....m.......y.. ...h.....a....n......d. .and official seal, this
19 .. .., ,-,{O ~
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i~" c:ir.Piy'" ~ ~~:-:Signa ure
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~F_u;;-;lt :t;, :71ar4-'-=~'; Commissio:l J CC1l8393
?ypecl,_ Pd.nt€E, _o~r_starnped name
27th day of
April
, A.D.
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t AFFIDAVIT OF NO LIENS
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~TATE OF LOUISIANA
PARISH OF JEFFERSON
BEFORE ME, the undersigned authority, personally appeared
JOHN H. NORMAN and RICK POWELL, Representatives of FLORIDA VOA ELDERLY
HOUSING, INC., a FLORIDA CORPORATION NOT FOR PROFIT who, being first
duly sworn, depose and say:
1. That FLORIDA VOA ELDERLY HOUSING, INC are the owners of
legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
A Twenty (20') foot strip of land lying ten (10') each side of the
following described line.
From the Southwest corner of Lot 12, Block "W" of HIBISCUS GARDENS, as
recorded in Plat Book 14, Pages 55-59 of the Public Records of Pinellas
County, Florida, said corner also being the Northerly right-of-way line
of Franklin Street; thence S 89017'12" East along said right-of-way, a
distance of 59.89 feet to the POINT OF BEGINNING; thence N 21057'48"
East 349,84 feet; thence N 16008'20" East to a POINT OF TERMINATION on
the South right-of-way line of pierce Street, Said point lying
S 88051'40" East 153.00 feet from the Northeast corner of Lot 1, of said
Block "w" of HIBISCUS GARDENS, Bearings and distances are based on a
Boundary Survey and Legal Description of Land by Norbert Lo Fuller for
Florida VOA Elderly Housing dated June 26, 1987, Revised February 6,
1990,
2 ,
owner,
That said property is now in the possession of the record
3. That there has been no labor performed or materials furnished
on said property for which there are unpaid bills for labor or materials
against said property, except (if none insert "none"):
None - Normal construction payments
4. That there are no liens or encumbrances of any nature affecting
the title of the property hereinabove described, except (if none insert
"none") :
None
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,
7. That the representations embraced herein are for the purpose of
inducing CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon.
ASST. SECRETARY
'w~~s
~J -W. ~
WITNESS ANNE W. ROUSSEL
Sworn to and subscribed to before me
AoDo,1991.
this 12t.'1 d~y- of Augtlst
~o~
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My Commission Expires: AT DEATH