PINGOR, BRIAN R. AND MARIAN
"-,-
. #
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006359190 09/28/2006 at 10:09 AM
OFF REC BK: 15389 PG: 2365-2368
DocType:EAS RECORDING: $35.50
Parcel I. D. No. 07-29-16-39924-000-0250
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of
which is hereby acknowledged, and the benefits to be derived therefrom, BRIAN R. PINGOR, a married man,
joined by MARIAN PINGOR, his wife, 977 College Hill Drive, Clearwater, FI. 33765-2313 ("Grantor") does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"),
easement over, under and across the following described land lying and being situate in the County of Pinellas,
State of Florida, to wit:
A DRAINAGE AND UTILITIES EASEMENT beina leqallv described as: Commence at the Northeast
corner of Lot 25. HILLCREST ESTATES FIRST ADDITION as recorded in Plat Book 63. Paae 48, public
records of Pinellas County. Florida; thence run SOo033'14"W alona the East line of said Lot 25.20.06 feet
to a point on an existina 20 foot Drainaae & Utilitv Easement and the Point of Beainninq; thence continue
SOo033'14"W. 4.08 feet; thence leavina said lot line. run S77044'08"W. 57.58 feet; thence N80003'16"W,
98.46 feet to a point on said existinq 20 foot Drainaqe & Utilitv Easement; thence S89045'10"E, alonq said
existinq 20 foot Drainaqe & Utilitv Easement, 153.16 feet to the Point of Beainninq, the same beinq
depicted in EXHIBIT "A" appended hereto and bv this reference made a part hereof.
Containina 1 ,382.68 Sq. ft. or 0.03 acre. more or less ("easement premises")
This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain
therein stormwater drainage improvements and facilities in accordance with plans and specifications described in
Alligator Creek Implementation - Phase II (City of Clearwater Project No. 03-0095-EN), and to inspect and alter
such stormwater improvements and facilities from time to time. Grantee shall be solely responsible for obtaining
all governmental and regulatory permits required to exercise the rights granted herein. The Temporary
Construction Easement depicted in EXHIBIT "A" shall be effective from commencement of project construction for
a term of 18 months thereafter, or until completion of project construction, whichever shall occur sooner, unless
otherwise extended by written mutual agreement of Grantor and Grantee.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of
U:\Easements\BRIAN & MARIAN PINGOR 0 & U EAS 0306.doc
Page 2 - Drainage & Utility Easement
Grantor: Brian R. and Marian Pingor
Grantee: City of Clearwater
RE: 07-29-16-39924-000-0250
these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the easement premises by Grantee.
JLv !N WIT"~/1.. WHE~EOF, the undersigned grantor has caused these presents to be duly executed this
o day of ~ u.S:!:: , 2006.
Signed, sealed and delivered
in the resence of:
~
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f Y'?B'ian R. Pin go,
WITNESS!:mature /J
_ Pif'~ ~M&><'-
Print Witne~s Name
~r-}2 ~ _
. Marian ~
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Brian R. Pingor, a married man, joined
by Marian Pingor, his wife, both of who executed the foregoing instrument, and who acknowledged the execution
thereof to be their free act a eed for th use and purposes therein set forth.
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My commission expires:
Type/Print Name
. NaIIIy PubIc -_of FIoItda
. . "'Col... LLI~I ExpINsAug 1.2009
C40....w...00458634
..... By NIlIlNI NoIIry~.
[Y] Personally Known
[ ] Produced Identification
Type of Identification Produced
U:\Easements\BRIAN & MARIAN PINGOR D & U EAS 0306.doc
II ....
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EXHIBIT "A"
SCALE 1"=100'
THIS IS MQI. A SURVEY!!
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N.E. Cor.
Lot 25
589.45'10"E \
_ _ 45', 153.16'~ . ,/ P.O.B.
20' Drain. & Uti~asment'~ · ~'/
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""'7' 44' 08
151 ,
57.58
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N80"QJ'lS"W 7
I 98.46' - r-.
110'-" ;
Temporary Construction
I Easement
LOT 25
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LINE TABLE
LINE LENGTH
L1 20.06
L2 4.08
BEARING
500'33'14"W
500'33'14 "w
..
II CONSENT & JOINDER II
00 ~ Le ZI4'75~
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain mortgage lien described in that Mortgage, and other
instruments of. security dated September 19, 2002 given by Brian Pingor, a married man, joined by
Marian Pingor, his wife, the herein described Grantor, as recorded in Official Records Book 12242,
Pages 2338-2354, Public Records of Pinellas County, Florida, does hereby join with Grantor and
consents to the herein described grant of a Drainage & Utility Easement dated August 18, 2006 as
----~~-conveyed-to-iheGityofOleafWater; Florida ;-- and-fie re by subord inates-aH -of its- right, title ,iflterest-aAd~~----~ -
claim in the lien evidenced by aforesaid instrument, and all other instruments of security as described
therein, to the easement rights as conveyed by Grantor.
Signed, sealed and delivered
the presence of:
SunTru5t Mortgage Inc., a Virginia corporation
~R4~
wru ss ~i9~'R /'
,(r"- . c..=r r-e e r
Prin Witness name
STATE OF VIRGINIA_ :
: 55
CITY OF RICHMOND:
The foregoing instrum~nt was acknowledged before m,e. this ;jl~ay of it,.-I/( 1.1- ,
2006 by .ItA(!Al'p L (Jllt/I(t! ,as Isrt/(c<: Prrj//ttll-:l' of
SunTrust Mortgage, Inc., a Virginia corporation authorized to conduct business within the State,
mortgagee in the above-described lien, whom, being duly authorized, did execute said instrument on
behalf of said corporation, and who acknowledged the execution thereof to be her free act and deed
for the uses and purposes therein expressed, and who [Xl is personally known to me or who [ ] did
provide as identification.
NM~~- t~~~~' -'.. My Commission Expires: 07/31/08
Delores L. Barker
Type/Print Name
C:\Documents and Settings\u8db19\Local Settings\Temporary Internet Files\OLK4A\BRIAN MARIAN PINGOR D U EAS
0306.doc ..
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: 88
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Brian R. Pingor, a
married man, joined by Marian Pingor, his wife, both being first duly sworn, do depose
and say:
1. That they are the owners of legal and equitable title to the following described
prcperty in PinellasCcunty, Florida, to wit:
Lot 25, HILLCREST ESTATES, FIRST ADDITION, PARTIAL REPLAT,
according to the map or plat thereof recorded in Plat Book 77, Page 95 Public
Records of Pinellas County, Florida; AND Begin at the Southeast corner of the
aforementioned Lot 25, thence run South 35', thence run West 255'; thence run
North 22'; thence run Easterly 252' to the {point of Beginning; AND Lot 24,
HILLCREST ESTATES, FIRST ADDITION, according to the map of plat thereof
recorded in Plat Book 63, Page 48, Public Records of Pinellas County, Florida;
LESS and except Lots 9,10 and 11, HILLCREST ESTATES, FIRST ADDITION,
PARTIAL REPLAT, according to the map of plat thereof as recorded in Plat Book
77, Page 95, Public Records of Pinellas County, Florida.
2. That said property is now in the possession of the record owners.
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, other than those
that will be paid during the ..normaLcourse of business, except: (if none, enter "NONE")
No {IJV
v
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except:
That certain Mortgage and other instruments of security dated September 19, 2002
given in favor of SunTrust Bank, a Georgia corporation, as recorded in Official Records
Book 12242, Pages 2338 - 2354, Public Records of Pinellas County, Florida; and that
certain Open-End Mortgage and other instruments of security dated September 28,
2001 given in favor of The Huntington National Bank, organized and existing under the
laws of the United States of America, as recorded in Official Records Book 11627,
Pages 219 - 221, as amended by that certain Modification and Subordination
Agreement dated September 19, 2002, as recorded in Official Records Book 12242,
Pages 2383 - 2384, all being in the Public Records of Pinellas County, Florida.
U:\Easements\BRIAN & MARIAN PINGOR D & U EAS 0306.doc
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Page 2 - Affidavit of No Liens
Brian & Marian Pingor
RE: Parcell. D. # 07-29-16-39924-000-0250
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 described
property for improvements thereto by any government, whether or not said
assessments appear of record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
~o<~~ /1-------
WITNESS ~Ignat e f Brian R. Pingor
. \ ~UJ. L. \2A....""e
WITNESS Printed Name
p
(?
o-fY1
Marian Pingor
Sworn to and subscribed to betore me this JL day of --Ll..i1Jj Us.J
2006..
tL
My Commission Expires
PrintJType Name
NaIIIy PuIlIc . S1III d fIafIda
. .., c.nIIIIan e..- AIlg 1. 2008
~"'l' DO 4!41834
........, NIIIDnII NolIry AIM.
U:\Easements\BRIAN & MARIAN PINGOR 0 & U EAS 0306.doc