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BARINKA ENTERPRISES INCORPORATED ., . 8 9 20 5 7' 3 6 OR 70 6 8 PG t 849 I I EASEMENT .. ~ 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 ;:... co ~ ~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: Q.l ... r ~O p.-;9 ~ ~ -a E ~ ~~' g.;~ 'QC;<~~ ..,~;:...(;.; . ..... I'"" ,"" 2 -< U 5 ~ ..... ..... $ = :;s u:; ": '0 ~ :E t'U ..... 0 SEE EXHIBIT SEE EXHIBIT "An ATTACHED FOR LEGAL DESCRIPTION. ATTACHED FOR DRAWING. liB" 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 ~r?fiitu~ fJ;in~V .;j~/2,[~ ~T ESS / ~ 11 RECORDING' r-- co WJTNESS ACCT /~-~-'2:7Q ;:!: ~ e ~L.- "<t" ~TNESS FrEe IS:OQ'-- ,0 ~ ~ <t) r;::[3 '--"-- t- UJ co f.1 ,;. z..J -' o:u~U- :::> >- - h tut::ttffi O:UOr ~c:r: 003= 00: c... ~TE OF FLORII)A-l~~pJj.- ~NTY OF PINELLAS BARINKA ENTERPRISES, INC. By: ~~ ~~ ~ ~ Its President? Attest: Its Secretary 55 __ ... , -,_.~ I"X rd. ,,----- :~i'~f:;Hf",~ntarv (~ k~ "~'-l!'''l\ ': ,.::'~ Pd.. , . ",," '.~ " L 10' Ii. ';;; ;. -" ~.~,~;~~::\~ F'r 1'.... , 'xj1'" --.--,; 9dJ'---' " ::'::~~:\I:l,~' " -:' ~', ,". ,- 'll' t'! " t;,., , __".._.,__.~~- ;.,'l~,_ . '~. "':' -7" ---' - ~';'" ..~";~.... ,... .... ,.' -:', J ;.;~_ \\;).,.4 (CORPORAf.r;: 3FP.r,1-,r.... '. .... ,',;... ~ ; /.j . -5..$' {{\;'T T()T,;,. 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 '_c- ''''0 .-:,- .....:.... - "" --- My Commission Expires: lie HlH' 1'-'1l11l.lt SUTf OF nORWA ~v (0~\~S'0' {y,. AOG 19,1939 IIJ'~~I~~U 'mll~ ~.-ljFl WI( IIIP , ~ .-" .~ tYJ C) l'() , C G") " r" ;:<, _::: rrt';::> ~":::T.l :::1'.1 f'Jl;r.~- 1- r'~' rOt"'!,,' :.''> ", ;J',' en 'J f 7<~'I' / ..,-.~' r--'.'" "'-"; .; w" N0I1~O/- .55 'J. l Exhibit "A" I , OR 7068PG I 850 :J 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. :.. "j. .. . 11 ..... I 199,92' -<;f r- ~ I'''' .- Il_ 66.65 I NTS . N Exhibit "B" -001 ~<;fl DRAINAGE I EASEMENT ~Z7A~Z~-2: \ \ -0'1 o Itl I... r"\ ::' 133.27 EVERGREEN STREET TAX 1.0 \_~~R--=- 5845-1238 TH I S IS NOT A SURVEY o 00 0'1 '<t N o :::0 ......, o 0'\ CO -0 C"") ex) CJ'I - Barinka Enterprises, Inc. 24 N. Evergreen Avenue Clearwater, FL 34615 FA.IRVIEW ADDITION - BLOCK 'A' Lots 9, 10 & P.O. 11 &: 12 ;. AFFIDAVIT OF NO LIENS I I 'i.- 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"): '\\~ 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except (if none, insert "none"): m~~~ ~ ~~~~~~ 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~~ /:!#!<<J V/;lhzV2fLf1 lESS' / \~~~ Its President Its Secretary (CORPORATE S2Al) > ltOTAllY purtle STIlt l' H'J~T!\A ~) LulMli'li,:;.......;1't L ~I-. ..uG l:J.l'JJ'j bOMutu fH"U GtNl"kL I'S. uNu. J [1 (' t1 ( , 1989 Sworn to and subscribed before me this ~D My Commission Expires '" .-:: ......... -., ~' / '-- ",",- , ...~ "'-- Exhibit "A" . " I I .,T 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. "",... I Exhibit "B" " I I NTS . N 199.92' <T r-- ~ -CDi ~<Tl DRAINAGE I EASEMENT ~z7AWJ_Z~_~FQ: I I I" .- 1,_ It I 1- ,., ::' o CD ", <T C\J 66.65 -", o 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 I O.R. 584.5-1238 , . , 8 9 2 0 5 7.3 7 . 'I SUBORDINATI~N AGREEMENTI /JIJ 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: = "" t- "" X o 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. "" CQ~ ;! ~ 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. a:(.)~~ ~ ,~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' ~. " the' p~~enf!, ~~_ ~.,:,~",~",_.:,~ ,L,-"',e""~il , ,L (!~-<-~ ~:':; -"~:&J2J:l . MTF--- 10 -M I ..t- L-t PT::i" .. ", '-.. executed this Agreement on ~~ ~"~GJL~ CARL E. FIELDS LENDER D(; :: My Commission Exoires: NOUqv PII~I, Tr, ~raH OF Fltl1ltoA y,-. . "., _, ,," Ar. AuG 1':l,19119 Ovlowcu ,n~U IiENtriilL INS. UlIO. II'; r _ -[QTAL -";S:60 ?Jb+- 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:-':' ',,;~ " ;/\:>..,....:. :"..~.;; r' I ~'R l\ () i ., ' , ' , ,': . '..: .' " '. . ;- I.>'it-<U\''''~' ,'I-,i:, ~ '(I) 1/ &JiJi;.. ~<r^_. . -:: es ALlG 18 PH 2: C4(; "7<1- Notary p~"EcT-" i .~- -:j.,... '- ;/.~, .-"- ..~. "" ~t: I OR 7 0 6 8 PG I 853 . , ! I 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. . I " . ':; " f lit I" . '~ , ~; j I, '. l~iiF; -<T to- ~ I" '" Ic_ 66.65 I I OR 7 0 68 PG I 8 5 1+ Exhibit "B" NTS . N 199.9Z' -CD I ~<TI DRAINAGE I EASEMENT ~Q7AWJ~-2: 1\-1 1- r, ::' o CD (]) <T C\J -(]) o 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