Loading...
SCOTT MORTGAGE, INC. , <1' .: 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# 2007404809 12/28/2007 at 12:48 PM OFF REC BK: 16101 PG: 1502-1505 DocType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 Parcel I. D. No. 16-29-15-32292~014-0060 ELECTRIC UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, SCOTT MORTGAGE, INC., a Florida corporation, ("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: Basis of Bearing Reference: per boundary survey by Murphy's Land Surveying, Inc., Professional Land Surveyor #6333, April 29, 2002; (N00038'25"W), along the Westerly boundary line of Lot 6, Block 14, GOULD & EWING'S 1st & 2nd ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page 52 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. ST & NO Commence at the Southwest corner of Lot 6, Block 14, GOULD & EWING'S 1 2 ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page 52 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, said point also being the POINT OF BEGINNING; thence NOoo38'25"W along the Westerly boundary line of said Lot 6, also being the Easterly Right of Way line of East Avenue, a distance of 11.00 feet; thence S69018'35"E, a distance of 31.13 feet, to a point of intersection with the Southerly boundary of said Lot 6; thence N90000'OO''W, along the Southerly boundary of said Lot 6, also being the Northerly Right of Way line of Cleveland Street, a distance of 29.00 feet , to the POINT OF BEGINNING. Containing 638 square feet, more or less, as depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("easement premises") This easement is for installation and maintenance of conduit encased electric utility wiring. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to install and maintain therein the referenced electric utility wiring and to inspect, repair, alter and/or replace same as it determines necessary from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. U:\Easements\SCOTT MTG ELEC UTIL EAS 1107.doc I> I f <, 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 work activity undertaken in the exercise of 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. ,-' IN WIT~ESS WH REOF, the undersigned grantor has caused these presents to be duly executed this /,'L_#7\ L"'; day of ,2007. Signed, sealed and delivered in the presence of: SCOTT MORTGAGE, I a Florida corporatio By: STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Scott Chinchar as President of Scott Mortgage, Inc., who, being duly authorized, executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for he se and purposes therein set forth, and who [ ] is personally known to me, or who 9C did provide Z:3' ~ _{},I€/Z~ ~..re. aSidentifi~ction ...., My commission expires: Notary Public - Sta of Florida ~It/ ~. Type/Print Name ~~v.~~~<' EARL W. BARRETT i'., . MY COMMISSION. DO 293214 * 1r EXI'IRES: May 28, 2008 "'~ ho ..~~~ aOll~.i ThN IY!lItt HIlary SlIVlces "OF'IoW' U:\Easements\SCOTT MTG ELEC UTIL EAS 1107 ,doc ;. II CONSENT & JOINDER II The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage instrument dated June 1, 2007 and other instruments of security of even date therewith given in favor of USAMERICABANK, a Florida banking corporation, as recorded in O. R. Book 15833, Pages 12- 18 of the public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement as conveyed in the herein described Electric Utility Easement as same shall encumber a portion of Lot 6, Block 14, GOULD & EWINGS 1ST AND 2ND ADDITION TO CLEARWATER HARBOR, FLORIDA, according to the map or plaUhereofas recorded in Plat Book 1, Page 52 ofJhe PublicRecords of Hillsborougb County, Florida, of which Pinellas County was formerly a part, as said Easement is more particularly described in said instrument, and said Mortgagee does hereby subordinate all of its right, title, interest and claim in the aforementioned lien to the easement rights Grantor has conveyed therein. USAMERIBANK, a Florid corporation I By: Print Name Title STATE OF FLORIDA : ss COUNTY OF PINELLAS The 'ng 'nstrument was acknowledged bW'e me thJhJ day of , 2007 by , as 11t6S~ of USAMERIBANK, a Florida corpor ion, mortgagee in the above-described lie , who executed said instrument and a . he executionjrfereof to be h~ free act and deed for the uses and purpos ed, an 0 [11 is personally known to me or who [ ] did provide as identification, My Commission Expires: VtCTORIAA. ALDERMAN NoIIIY PubIc . StIlI 01 FIolIdI COIftnIiIIIan EJIIINI Dee 12. - ComnliIIIDft' 00 4t0748 BandIcI By NetIonII NotIIy". U:\Easements\SCOTT MTG ELEC UTIL EAS 1107.doc '- Scale 1 II 30' This is not a survey . 0:::: . 0:::: X (/) U W :J Z W > <( ~ (/) <( W EXHIBIT "A" ~ NORTH / P.O.B. DETAIL 3: Q) > <( Electrical Utility Easement I.{) N IX) ~o o 0 o . .-- z .-- S ~.7 3 ~S" 7.73' ~ N 90.00'00" W 29.00' Cleveland St. t . P. O. B. for Easement +oJ Cf) o w 6 ~~ GO CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT LEGAL SKETCH ELEClRlCAL UllLlTY EASEMENT DAlE SECT-1lfSPo..oANG 10/31/2007 PART OF LOT 6 BLK. 14 16-29S-15E 286B GOULD & EWINGS 2nd ADD'N. V CLEVELAND STREET ...... IY D. KING CHaClDIY E. BARRETT ..... NO. lGl2007-11 SHEET 1 Of 1 ~ .'.- ~ ~ AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Scott Chinchar as President of Scott Mortgage, Inc., a Florida corporation, whom, being first duly sworn, does depose and say: 1. That said Scott Mortgage, Inc. is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lots 6 and 7, Block 14, GOULD & EWING'S 1st and 2ND ADDITION TO CLEARWATER HARBOR, FLORIDA, according to the map or plat thereof as recorded in Plat Book 1, Page 52, Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part. 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, other than those that will be paid during the normal course of business, except: (if none, enter "NONE". If no entry, it will be deemed that "NONE" has been entered.) NON {;; 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: t That certain Mortgage instrument dated June 1, 2007 and other instruments of security of even date therewith given in favor of USAMERIBANK, a Florida corporation, as said Mortgage is recorded in Official Records Book 15833, Pages 12 - 18, public records of Pinellas 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 described property for improvements thereto by any government, whether or not said assessments appear of record. U:\Easements\SCOTT MTG ELEC UIIL EAS II07.doc . . . ., 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 thereon. By: Sworn to and subscribed to before me this/~day of 2~ef~ . Nom~~F Print/Type Name ~ My Commission Expires .,""':.~IIiIt"" EARL W. BARRETT M... MY COMMISSION # DO 293214 · ... EXPIRES: May 26, 2008 "'~~ op,...V Bonded ThN Budget Notary Services U:\Easements\SCOTT MTG ELEC UTIL EAS 1107.doc