FAIRWINDS PROPERTIES INCORPORATED
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INST . 92-139432
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PINELLAS COUNTY FLA.
()J,_ F'~(~ DI~ 7Q07 F'('l 'I~,QQ
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EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash
in hand paid to it, the receipt of which is hereby acknowledged,
and the benefits to be derived there~rom, FAIRWINDS PROPERTIES,
INC., a Florida corporation, does hereby grant and convey to the
CITY OF CLEARWATER, FLORIDA, an easement for drainage and utility
installation and maintenance over, under and across the following
11 ~~9ROI~scribed land, lying and being situate in the County of Pinellas,
ACCT/~'l;;ate of Florida, to wit:
;;--~ The North and West 15 feet and the South and East 10 feet
FE~ ~ of the following described property:
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~ ~ This easement being for drainage and utility 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 and utility lines and to inspect and
~ alter such drainage and utility lines from time to time.
~ IN WITNESS WHEREOF, the party hereto has caused these presents
to be duly executed by its proper officers thereunto authorized and
its seal to be hereunto affixed, this:.71 S'~ day of Oc. ,
1991 . Documentary Tax Pel. C
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A portion of the Southeast 1/4 of Section 21, Township
29 South, Range 15 East, Pinellas County, Florida, being
"-,- more ,pa rticll1ar ~y.- describedas--fol-lows:
From the Northeast corner of the West 1/2 of the
Southeast 1/4 of the Southeast 1/4 of Said Section 21 as
a Point of Reference; thence along the East line thereof,
S. 00013' 38 "W., 513.00 feet to the Point of Beginning;
thence leaving said line, N.89012'03"W., 299.93 feet;
thence S. 80056' 42 "W., 115.72 feet to a point on the
Easterly right-of-way of Alternate u. S. Highway 19;
thence along said right-of-way, S. 32036' 18 "E., 208.00
feet; thence leaving said right-of-way, S.79052'15"E.,
305.90 feet; thence N. 00013' 38 liE., 243.05 feet to the
Point of Beginning.
Signed, Sealed, and Delivered
in he Presence of:
FAIRWINDS PROPERTIES, INC~,cr....ac,"
:;~r1n~'~_,,"..,<';/j hi.
l.ts II/'(!~.., , 'I1/l(~
. (CORPORATE SEAL) '~ '~~.c'
Mlchael A. Barody >, '. __.0"
STATE OF- FL~IDA, (1A. 1569 S. Fort Harrison
COUNTY OF -V I r\.f:~S Clearwater, FL 34616
I hereby certify, that on this day, before me,
duly authorized in the state and county n"lllf'd to IlffJ.
acknowledgments, personally appeared ,~. as
President ofFAIRWINDS PROPERTIES, INC., a Florida corpo ation, to
--llle knowllto be the person desCr.1b'ffit-tn---and'" wnoexec\ltedthe
foregoing instrument, and acknowledged before me that he executed
, the same on behalf of the corporation; and he did take an oath.
$
Karleen F, De(J'~ine!ia3 County
By Deputy Clerk
Witness my hand and offi
named above this ~ day of
fJ e " Evr;-
Row
.
in the county and
, 1991.
Expires:
1
BARBMA, GRIFFITH
MYCOMMt8S!Q~iEXPIRES
, July. 22, 1995
llII>>ND!o.;TItPlllLNC:llAIW, PUBLIC UNDERWRITERS
KARLEEN F. DEBLAKER~ CLERK
RECORD IJEFiIFIED BY: ~~
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JI~BT :IJ: 92--:1. 39433
MAY 13, 1992 5:51PM
PINELLAS COUNT~~F~A.,
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Of"'\'h"'.~','_ --
SUBORDINATION TO EASEMENT AGREEMENT
THIS SUBORDINATION TO EASEMENT AGREEMENT (the "Agreement") is entered into
this 13 t h day of APr i 1 , 1992, by and between IDS Life Insurance
~ Company of New York, a New York Corporation (the "Mortgagee"), whose mailing
~ address is: c/o IDS Financial Services, Inc., 733 Marquette Avenue,
~ Minneapolis, Minnesota 55402; and theocity of Clearwater, Florida, a Florida
~' Municipal Corporation (the "Grante~'1, whose mailing address is City Clerk's
~ Office, P.O. Box 4748, Clearw~~~Florida 34618-4748.
1 THIS AGREEMENT is entered into regarding the following real property situated
~~ in, lying and being in Pinellas County, Florida, and being described to wit:
~ "'A portion of the Southeast 1/4 of Section 21, Township 29 South, Range 15
\' ~ East, Pinellas County, Florida, being more particularly described as follows:
~ ~ From the Northeast corner of the West 1/2 of the Southeast 1/4 of the
~' Southeast 1/4 of said Section 21 as a Point of Reference; thence along the
M East line t.he:ceof, South 00 c 13' 38" West, 513.00 feet to the Point of
Beginning; thence leaYing said line, North 890 12'03" West, 299.93 feet;
thence South 800 56' 42" West, 115.72 feet to a point on the Easterly right-
of-way of Alternate U.S. Highway 19; thence along said right-of-way, South 320
\:) , East, 305.90 feet; thence North 000 X3XXU East 243.05 feet to the Point of ' .J'::~
~ Beginning, and further identified as Pinellas County Property Appraiser's N~
Parcel 1.0. 21/19/15/00000/440/1800, (hereinafter "the Property"), and '
~ WHEREAS, Fairwinds Properties, Inc., a Florida Corporation, (the "Fee Owner"),
whose mailing address is 1569 South Fort Harrison, Clearwater, Florida 34616,
is the owner in Fee Simple of aforesaid real property, and
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FEES
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WHEREAS, in consideration of Mortgagee granting and funding IDS Loan No.
060, said Fee Owner has executed a Note and Mortgage and certain other
instruments of security (hereinafter "Instruments of Security") in favor
the Mortgagee, and
697-
of
WHEREAS, certain of such Instruments of Security, and specifically the
mortgage, encumber the fee simple title of the Fee Owner in The Property, said
~ortgage being recorded November 20, 1991, in Official Records Book 7737, Page
1832, of the Public Records of Pinellas County, Florida, and
~HEREAS, the Fee Owner has granted to Grantee an Easement as described in
xhibits "A" and "E" attached hereto and by this reference made a part hereof,
-------~o construct, install and maintain drainage and utility lines upon the
_____~roperty 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
-------~roperty ;
NOW THEREFORE, for and in consideration of the premises, and for other good
and valuable consideration in hand paid to the Mortgagee, receipt of which is
/9.jl?hereby acknowledged, the Mortgagee does hereby covenant and agree as follows:
-~ (1) Subordination: The Mortgagee does hereby consent to and agree that its
I first mortgage lien and all other right, title and interest in the Easement
which is encumbered by Mortgagee's Instruments of Security, is hereby made
subject, subordinate and inferior to the Easement in favor of the Grantee.
(2) Default: Mortgagee hereby warrants and represents to Grantee that it is
the current owner and holder of the Lender's interest in the first mortgage
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
hAr':;LEEN F + DEBLI1KEF: y ~~I\
1:~EC()r~D VEF\IFIED BY: ~J;_dH'
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IPINELLAS COUNTY FLA.
(IF-I- F'r(~ ql~ 7Q07 PG 1402
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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.
BY:
f~~~:.X~~~S1~>;
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Signed, sealed and delivered
n e presence of:
\
IDS LIFE INSURANCE
COMPANY OF NEW YORK
name
ITS
1
BY:
Secretary
ITS
Typed, printed, or stamped name
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 13th day
of April 19..21.-, by Nancy Hughes, Assistant Vice President, and
Shirley M. Carlson Assistan~ecretary of IDS Life Insurance Company of
New York, a New York Corporation on behalf of the Corporation. They are
personally known to me ~~~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~
~~~~and mxmjdid not take an oath.
~~
Nota y Publ:l.c S ature
13th
day of
April
, A. D.
Marilyn J. Castro
Typed, printed, or stamped name
My Commission expires
~~~\I~Y:~ ~ I~I~~
Ai ," COUNTY ~
My comn,;"j()r,' "xpires 12-11-)6
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IJFF.REC.BK 7907 PG 1403
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EXHIBIT IIAII
EASEMENT
(
FORAND tN CONSIDERATION of the sum of One Dollar ($1.00) cash
in hand paid to it, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom, FAIRWINDS PROPERTIES,
INC., a Florida corporation, does hereby grant and convey to the
CITY OF CLEARWATER, FLORIDA, an easement for drainage and utility
installation and maintenance over, under and across the following
described land, lying and being situate in the County of pinellas,
state of Florid~, to wit:
The North and West 15 feet and the South and East 10 feet
of the 'following described property:
A portion of the Southeast 1/4 of Section 21, Township
29 South, Range 15 East, Pinellas County, Florida, being
, more-partioularly described as follows: '
From the Northeast corner of the West 1/2 of the
Southeast 1/4 of the Southeast 1/4 of Said Section 21 as
a Point of Reference; thence along the East line thereof,
S.00013'38,iW., 513.00 feet to the Point of Beginning;
thence leaving said line, N. 89012' 03 "W., 299.93 feet;
thence S. 80056' 42 "W., 115.72 feet to a point on the
Easterly right-of-way of Alternate U.S. Highway 19;
,thence along said right-of-way, S. 32036' 18 "E., 208.00
feet; thence leaving said ~ight-of-way; 'S. 79052' 15 "E. ,
305.90 feet; thence N.00013'38"E., 243.05 feet to the
Point of Beginning. .
This easement being for drainage and utility 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 and utility lines and to inspect and
alter such drainage and utility lines from time to time.
IN WITNESS WHEREOF, the party hereto has caused these presents
to be duly executed by its proper officers thereunto authorized and
its seal to be hereunto affixed, this 2/ rl- day of dc.-h".lkt( ,
1991.
Signed, Sealed, and Delivered
in he Presence of:
-.
BY:
its
Michael A. (fa~~?RATE
STATE OF Ft~IDA (II) 1569 S. Fort Harrison
COUNTY OF -r {r"\€wSS Clearwater, FL 34616
I hereby certify, that on this day, before me, a Notary Public
duly authorized in the ,state and coun~y nam, ~~I' abov. to I t:.ak~
acknowledgments, personally appearedM. I ~ho.lQ\ po. ~ , as ~
President of FAIRWINDS PROPERTIES, INC., a Florida corpo ation, to
u.._____ me-" Jcnown-to-be-t:l'ie-persofi-descr ibed in ana -wlio -executed -, , the--
foregoing instrument, and acknowledged before me that he executed
the same" on behalf of the corporation, and he did take an oath.
Witness my :9\d and offi .
named above this, day of
in the county and
, 1991.
Expires:
1
BARBARA, GRIFFITH
MY ,COMMISSION EXPIRES
, July: 22, 1995
EmlDllI1JlllmtN0JAAY,PUBUC UNDEIIWRlTERS
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I AFFIDAVIT OF NO LIENS
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
MICHAEL A. BARODY, VICE-PRESIDENT REPRESENTATIVE OF FAIRWINDS PROPERTIES.
INC.. A FLORIDA CORPORATION who, being first duly sworn, depose and say:
1. That they are the owner(s) of legal and equitable title to
the following described property in Pinellas County, Florida to-wit:
The North and West 15 feet and the South and East 10 feet of the following
described property:
A portion of the Southeast 1/4 of section 21, Township 29 South, Range 15
East, Pinellas County, Florida, being more particularly described as follows:
From the Northeast corner of tbewest 1/2 of~ the-soutlieasti/. of th.e
Southeast 1/4 of said section 21 asa Point of Reference; thence along the
East line thereof, South 00013' 38" West, 513.00 feet to the Point of
Beginning; thence leaving said line, North 89012' 03" west, 299.93 feet;
thence South 80056'42" West, 115.72 feet to a point on the Easterly right-of-
way of Alternate U.S. Highway 19; thence along said right-of-way, South
32036118" East, 208.00 feet; thence leaving said right-of-way, South
79052115" East, 305.90 feet; thence North 00013138" East, 243.05 feet to the
Point of Beginning.
2. That said property is now in the possession of the record owner.
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"):
N~N E.
4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except. (if none, insert "none") :
Mortgage from Fai~-linds Properties, Inc., a Florida corporatlon to IDS Ll1e INsurance
Company of New York, dated 11/19/91, recorded 11/20/91 in O.R. Book 7737, Page 1832,
Public Records of Pine11as County, Florida.
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.
That the representations embraced herein are for the purpose of
CITY OF CLEARWATER, its agents, successors and assigns to rely
.~A.
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TNESS
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MichaelA. Barody Vice
1569 S. Fort Harrison
Clearwater, Florida 34616
WITNESS
Sworn to and subscribed to before me this 4th day of
1992.
1'1a.~ch
M:io&~fe/~~9J1F ~~IlJ-ArAEf~~RGI
/;'Y COMM:SS10N EXPIRES MAY 27, 1995
"","-IE-' IHllU AGENT'S NOTARY BROKERAGI
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