BARINKA ENTERPRISES INCORPORATED
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OR 70 6 8 PG t 849
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EASEMENT
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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,
BARINKA ENTERPRISES, INC.
24 NORTH EVERGREEN AVENUE
CLEARWATER, FLORIDA 34615
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~ ~does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA an easement
1 1over, under and across the following described land, lying and being situate in
~.=; ~ the County of Pinel1as, State of Florida, to wit:
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SEE EXHIBIT
SEE EXHIBIT
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ATTACHED FOR LEGAL DESCRIPTION.
ATTACHED FOR DRAWING.
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This easement being for drainage 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 improvements and to inspect and alter such drainage improvements from
time to time.
IN WITNESS WHEREOF, the party hereto has caused these presents to be
duly e,xecut~d by its proper offic~rs thereunto authorized this 8 (J #; day
of TiA hI , 1912'.
Signed, sea~d and delivered
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c... ~TE OF FLORII)A-l~~pJj.-
~NTY OF PINELLAS
BARINKA ENTERPRISES, INC.
By:
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~ Its President?
Attest:
Its
Secretary
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I Be ore me, the undersigned authority, this day personally appeared
t/lt/2 ~'-';:;,6' AND to me well known and known to me to
e the individuals described in and who executed the foregoing instrument as
President and 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 corporate seal of
said corporation and that it was affixed thereto by due and regular corporate
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.
seal
IN WITNESS WHEREOF I have hereunto set my hand and
this AO day of .7/AJ7 . A.D.
my official
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My Commission Expires:
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Exhibit "A"
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OR 7068PG I 850
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BARINKA ENTERPRISES, INC.
FAIRVIEW ADDITION - BLOCK lA'
Lots 9 and 10; Part of Lots II and 12
BEGIN at the Southwest corner of Lot 12; thence
99.96 feet North along the West line of Lot 12
and 11 to the Northwest corner of Lot 11; thence
48 feet East along the North line to a point;
thence 99.96 feet North to a point on the North
line of Lot 9 which is 48 feet from the Northwest
corner of Lot 9; thence 10 feet East along the
North line to a point; thence 199.92 feet South to
a point on the South line of Lot 12; thence 58 feet
West along the South line of Lot 12 to the POINT OF
BEGINNING.
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Exhibit "B"
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EVERGREEN STREET
TAX 1.0
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TH I S IS NOT A SURVEY
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Barinka Enterprises, Inc.
24 N. Evergreen Avenue
Clearwater, FL 34615
FA.IRVIEW ADDITION - BLOCK 'A'
Lots 9, 10 & P.O. 11 &: 12
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AFFIDAVIT OF NO LIENS
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE HE, the ,..pndersigned authority personally appeared
Cf)~/ ,E. )-IE/dI< REPRESENTATIVES OF BARINKA
ffi~TERPRISES, INC. , who, being first duly sworn, depose and say:
1. That they are the owners of legal and equitable title to the
following described property in Pine11as County, Florida, to-wit:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "B" FOR DRAWING.
2. That said property is now in the possession of the record owner.
3. Tllat 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"):
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4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except (if none, insert "none"):
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5. That it is hereby warranted that no notice has been received for any
public hearing regarding asssessments 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.
&OC~~
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Its President
Its
Secretary
(CORPORATE S2Al) >
ltOTAllY purtle STIlt l' H'J~T!\A
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, 1989
Sworn to and subscribed before me this ~D
My Commission Expires
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Exhibit "A"
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BARINKA ENTERPRISES, INC.
FAIRVIEW ADDITION - BLOCK 'A'
Lots 9 and 10; Part of Lots II and 12
BEGIN at the Southwest corner of Lot 12; thence
99.96 feet North along the West line of Lot 12
and II to the Northwest corner of Lot 11; thence
48 feet East along the North line to a point;
thence 99.96 feet North to a point on the North
line of Lot 9 which is 48 feet from the Northwest
corner of Lot 9; thence 10 feet East along the
North line to a point; thence 199.92 feet South to
a point on the South line of Lot 12; thence 58 feet
West along the South line of Lot 12 to the POINT OF
BEGINNING.
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Exhibit "B"
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133.27
EVERGREEN STREET
THIS IS NOT A SURVEY
Barinka Enterprises, Inc.
24 N. Evergreen Avenue
Clearwater, FL 34615
FAIRVIEW ADDITION - BLOCK t A'
Lots 9, 10 .& P.O. 11 & 12
TAX 1.0
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'I SUBORDINATI~N AGREEMENTI
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OR 7 0 6 8 PG I 852
THIS SUBORDINATIO~. TO EASEMENT AGREEMENT (the "Agreement") is
entered into thi s ;;;, 0 1'7 day of ,"'"TU,I T ' 198 9, by
CARL E. FIELDS (the "Lender"), in favor of the CITY OF
CLEARWATER, FLORIDA, (the "Grantee"), and is made in reference to
the following facts:
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e-.... ~ (B) The lender, CARL E. FIELDS, has made a first mortgage loan
t...s ~~ to Fee Owner in the original principal amount of SEVENTY THOUSAND
<rJ 'S ~ ~p AND NO/100 DOLLARS ($70,000.00) (the "Loan") which is secured, among
: ;:9 ~ tl ~ other things, by a note, mortgage and certain other instruments of
J c3 ~ E ,. security executed by Fee Owner in favor of Lender (collectively the
= -< 0 t': ~ "Instruments of Security" ) . Certain of such Instruments of
€ ~ 0 ~ Security, and specifically the mortgage, encumber the fee simple
.S ~] title of Fee Owner in the Property, said mortgage being recorded in
;E c U Official Records Book 5845, Page 1239, of the Public Records of
E-i U Pinellas County, Florida.
(A) BARINKA ENTERPRISES, INCORPORATED, (the "Fee Owners") are
the owners in fee simple title of that certain real property
situate, lying and being in Pinellas County, Florida, and being more
particularly described in Exhibit "A" and "B" attached hereto and by
this reference made a part hereof (the "Property").
~
(C) The Fee Owner has granted to Grantee an easement,
described in Exhibit "A" and "B" to construct, install and maintain
improvements for drainage upon the Property by virtue of that
certain 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").
NOW THEREFORE, for and in consideration of the premises, and
for other good and valuable consideration in hand paid to the
Lender, receipt of which is hereby acknowledged, the Lender does
hereby covenant and agree as follows:
1. Subordination. The Lender does hereby agree that its
first mortgage lien and all other right, title and interest in the
Property which is encumbered by Lender's Instruments of Security, is
. hereby made subject, subordinate and inferior to the Easement in
~favor of Grantee.
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;! ~ 2. Defaul t. The Lender hereby warrants and represents to
~~Grantee that it is the current owner of the Lender's interest in the
~~~~Instruments of Security and that no defaults presently exist
z~~ thereunder.
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~ ,~tl: a! 3. Modifications. This Agreement shall not be modified or
a:uo~amended except in writing between Lender and Grantee.
t-i!t:
~ ~ 4. Benefit. This Agreement shall be binding on Lender and
~its successors and assigns and shall inure to the benefit of Grantee
Gand its successors and assigns.
IN WITNESS WHEREOF, the Lender has
the day and year first above written.
Signed sealed and delivere~? f!Cc:orlDINCl'
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executed this Agreement on
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CARL E. FIELDS
LENDER
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My Commission Exoires:
NOUqv PII~I, Tr, ~raH OF Fltl1ltoA
y,-. . "., _, ,," Ar. AuG 1':l,19119
Ovlowcu ,n~U IiENtriilL INS. UlIO.
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nThe foregoing..-.-i!,\strument- \laa.. acknowledged before met,h.+s"
,9:, 0 1 day of ~ J ~~ It.. ," .!, 1989, by CARL E. FIELD~..,\,,' Vn/!.
the LENDER. 7 1',~Rl,U:4r:-':' ',,;~ " ;/\:>..,....:. :"..~.;;
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es ALlG 18 PH 2: C4(; "7<1- Notary p~"EcT-" i .~-
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I OR 7 0 6 8 PG I 853
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Exhibit "A"
BARINKA ENTERPRISES, INC.
FAIRVIEW ADDITION - BLOCK 'A'
Lots 9 and 10; Part of Lots II and 12
BEGIN at the Southwest corner of Lot 12; thence
99.96 feet North along the West line of Lot 12
and 11 to the Northwest corner of Lot 11; thence
48 feet East along the North line to a point;
thence 99.96 feet North to a point on the North
line of Lot 9 which is 48 feet from the Northwest
corner of Lot 9; thence 10 feet East along the
North line to a point; thence 199.92 feet South to
a point on the South line of Lot 12; thence 58 feet
West along the South line of Lot 12 to the POINT OF
BEGINNING.
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Exhibit "B"
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13'3.27
EVERGREEN STREET
THIS IS NOT A SURVEY
Barinka ~terprises, Ine.
24.N. Evergreen Avenue
Clearwater, FL 34615
FAIRVIEW ADDITION - BLOCK 'A'
TAX LD Lots 9,10 &. P.o. 11 &. 12
I_~_:_~: 584.5-1238