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FAIRWINDS PROPERTIES INCORPORATED '. -"&~Y ,. ( ',~ ~, INST . 92-139432 1.il1y 13 1 09'1 .- I .- j '-"1 I f, ~,').., ,jl_,.J, ., I' - - , PINELLAS COUNTY FLA. ()J,_ F'~(~ DI~ 7Q07 F'('l 'I~,QQ 'I .. + "\ r.:. .1 + 1.:'.... l I / ..... .r I 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: MTF _~'____ PTG _______ PIC 1:YQC-- , ,,,,,,,,--------, INT TOTAL 1/./06 (L ~ T 5: \ ~ ~ ~ ~ ~ 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 ,n ~ ~~ z rc: ::J 1-' UJ a: 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: ~~ '-.-.,-------------- "---...-" ,-.-....,----. I" / /,/"y) ;;; . /), -', '7' C-,<~/ (, 0:1 \-- 1& ''"II r . I .' I u.i > <( I 44/04 NOTE: THI'S IS NOT A SURVEY! 10' Dr. & Uti!. Ease. 6037-754 Vac. 7791-953 N.T,S. ~ ,~ c:, '0' . 15' Dr. & Util. Ease,"". 44/20 0' .;P 44/23 . ~ 44/21 0' ... 44/07 44/06 44/12 44/14 0> U') " o 0 ..-- t') I I N .- t') ..-- ~ U') ~ ..-- 44/05 0::: m o 0 44/13 z o -.J o <( en 44/15 44/17 ~ \.f\ . ~ ,.A . ~ ~ ~ ~ ~ "'7.t-. <<' . San Ease. 4 1 rn 2 ~3 t--f r:n4 5 6 7 8 -.J 9 w :;E ~ <( () 1 1 44/24 02/11/92 TLM OR7791,DWG o ..,., " 'I .,. -n :;r.:IH . !"11 Z W () m >' + r- tt1r <( ;:::::::l> V) .....j -..0 !;l 00 --J C Z -{ ""1J-< G1 ..,., !-" r- .,pJ:.. 0+ o I _.J " " '~~v JI~BT :IJ: 92--:1. 39433 MAY 13, 1992 5:51PM PINELLAS COUNT~~F~A., , t-, , f"t::' (~ 'C{, ,",',', ,7 9 0 '7 f" ,',' b .I. -40 1 j 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 ~'. o \- :;:~ D', C ll: REC FEES MTF PTG PiC DOC INT TOTAL 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' ". ,. ,~. I IPINELLAS COUNTY FLA. (IF-I- F'r(~ ql~ 7Q07 PG 1402 . . ., .. 'a C:. ,I t A:.... , I ~ . .. 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~>; ,/ ('..,..'~ ,\... l.'_~ ':,"0.~ L~," ~:~{ ~~',,_~~t'~},?i -~:: "', I...~:,. ',;j ,It., "-\ lj" , _~'~ ~ ~, 't, '~~]:~~ ..,:::' .".. l?r~$ldeQtL~-"\ , i' "":;~j\1tlt~.:~\:L~> .,' 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 ..,.....'..'" ,r4-f"l...."......~~ . r I I". '1' i,II:"t I A (., (., (" I ) i\1 'Y' Y ,... I b. I .. "IH:. ..... ,:l ..' J.. If " ...1"1. IJFF.REC.BK 7907 PG 1403 "_if . i1 , , . ... ... .. '. r 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 ,,' - '~,'r:~;'" i " It- -" . t -~, "~ '" ..j, ... ;"", , :i, :, :.,/~' ff I .,..', I' ,:"V" : ,,: : ;,~,' /' ,T).;:;: /' . i~'~:' "il :Il, ... . ',;':~ . ~, ,;,i!t . ' I ',: , , , Pli'-lFI lAc" (" , ,. ,,, ' '" ," ",n~) ",DlJNTY F:'l '. JI" F. F"I"'(" 1:,1' "f~. , . ',::. ,. rJ'; "?90'." F'l'" _,__,,_ _, ','" I ':J 1404 . ,i EXHlaIT' HE'" . . ~ . NOTE: THIS IS 44/04 w 1 2 > NOT A SURVEY~ <( rn <J) ... W U1 l""- e e > 44/06 ~ ,.,., 44/05 44/07 I I ' ~' <( N 1--13 ,.,., ..- ~ -.:t U1 44/12 -.:t ..- ~ . rn 4 ro 10' Dr. & Util. ci ci N.T.S. Ease. 6037-754 44/14 44/1 3 5 Vac. 7791-953 Z 0 ~ --1 6 0 ,~ 44/17 <( 44/15 ' en 7 c:, \1' 8 . '/ --1 \9 W 2 n: Prop. Dr. & <( U' Util. Ease. 0 . ~ 44/18 10' 11 ;~ . 15' Dr. & ~ Util. Ease .~ ~ ~ 44/24 ~ l"L." <<' 44/20 . San Ease. 4 U' ."P 44/23 . ~ \9-- 44/~1 0' 02/11/92 TLM OR7791.DWG I _-1 ::-. . . ;, . WI . ,':." , . ":'~f " ,;'/ ' , ,~ '1' :"i " ".J' , ,. t " I AFFIDAVIT OF NO LIENS I , . 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. /;;,JJt 6tU ~ d.-J TNESS ~€. V- I 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 ~Q,~ Notity Public ]3Al2-bAeA R .~fP-J Notary's printJd sLgnature . ' 9' I I 44/04 . w > <{ 1 r.n NOTE: THIS IS NOT A SURVEY! ... 44/07 44/06 C1> L[) l"- e e ..-- r~ ~ I n ~ .q- L[) .q- ..-- r.n4 44/05 -~u3 t--f 44/12 Ct: m o 0 44/13 10' Dr. & Util. Ease. 6037-754 Vac. 7791-953 N.T.S. ~ ,,A c.. .0' . ~ 15' Dr. & Util. Ease.~ 44/14 z o -.J o <{ (f) 44/15 44/17 ~ . ,.(\ ,.A . ~ ~ ~ ~ ~~ ~ . 44/20 San Ease. 4 0' ."P . '~, - ~ 44/21 2 t.J > <{ 5 6 7 8 -.J 9 w 2 fr:: <{ 0 1 1 44/24 44/23 02/11/92 TLM OR7791.DWG I -~