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DENNIS G & ISABEL CARLN Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 24-29-15-27000-000-1080 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009016143 01/23/2009 at 11:47 AM OFF REC BK: 16477 PG: 957-961 DocType:EAS RECORDING: $44.00 DRAINAGE & 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, DENNIS G. CARL & ISABEL CARL, husband and wife ("Grantor") do 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 as legally described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Containing 1010 sq. ft. or 0.023 acres, more or less ("easement premises") This easement is for drainage and utility installation and maintenance in accordance with plans and specification of Pinellas County project SFN 1391 - ALLEN'S CREEK EROSION CONTROL FROM BEVERLY CIRCLE TO MAGNOLIA DRIVE -- P.I.D. #836. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises in cooperation with Pinellas County to construct, install and subsequently maintain therein stormwater drainage improvements and facilities 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 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 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. U:\Easements\ALLEN'S CRK (CARL) D & U EAS 0608.doc Page 2 - Drainage & Utility Easement Grantor: Carl Grantee: City of Clearwater RE: 24-29-15-27000-000-1080 IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of ?AQ C Q? , 2008. Signed, sealed and delivered in the presence of: ? ? ` dr fTrlP C e>,(? WITNE signature tAfl+ a vi n/ rint fitness Name f tom' WIT S at re Print Witnes Name STATE OF CALIFORNIA : ss COUNTY OF LOS ANGELES : Dennis G. Carl Is el Carl Before me, the undersigned authority, personally appeared Dennis G. Carl, a married man, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth, and who [ ] are personally known to me, or [ ] who did provide as identification. Notary Public - State of California _?Ica `PV-- Amtlb-r`mc?K F Type/Print Name STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss My commission expires: Before me, the undersigned authority, personally appeared Isabel Carl, a married woman, who executed the foregoing instrument, and who acknowledged the execution thereof to be her free act and deed for the use and purposes therein set forth, and who [ ] are personally known to me, or [ ] who did provide as identification. Notary Public - State of California Type/Print Name My commission expires: WEasements\ALLEN'S CRK (CARL) D & U EAS 0608.doc ACKNOWLEDGMENT State of California County of LO?>1?_ ) On u-'!--;r OZ-11 '20M before me, _T ;l J :fi N A'I QTAJU _tPU&I (insell name and t le of the officer) personally appeared 1 ??itC•l L-fti KNI) 7 K 1- who proved to me on the basis of satisfactory evidence to be the perso s whose nam s is _re subscribed to the within -instrument and acknowledged to that xecuted the same in Ike ei authorized capacit'A & and that by iii he ignature s on the instrument the persono or the entity upon behalf of which the person s(?acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MACY Fh*0 CC"W* bn 1647740 -Notary RA ft CGW0Mk3 lo: ArgeMs County Signature (Seal) PINELLAS COUNTY PUBLIC WORKS OMSION OF SURVEY AND MAPPING 22211 U.S. HIGHWAY 19 N. CLEAMATER. FLORIDA 33755-2347 Pine ft SECTION(S) 24. TOWNiSMP 29 SOUTH. RANGE 15 EAST Additions or deleti" by other than the Protesoonol Land So6"cr in reapansible charge is prohibited. Land Description is invalid without signature and/or embmsed sed of the Professional Land Surveyor PUBLIC WORKS DESCRIPTION A triangular shaped tract, being a portion of Lot 108, FAIR OAKS SECOND ADDITION Subdivision, according to the plot thereof, as retarded in Plot Book 47, Page 49, public records of Pinellas County, Florida, in the Northwest 1/4 of Section 24, Township 29 South, Range 15 East, Pinellas County. Florida. being described as follows; Commence at the Northeast corner of said Lot 108, run N 89'18'54"W along the North line of said Lot 108, for a distance of 131.43 feet to the POINT OF BEGINNING; thence S 16'50'28"W, for a distance of $5.31 feet to the Southwest corner of said Lot 108; thence N 00'03'18"E along said West line, for a distance of 81.95 feet to the Northwest corner of said of Lot 108; thence S $9' 18'54"E along said North line, for a distance of 24.54 feet to the POINT OF BEGINNING. CONTAINING; 1010 square feet or 0.023 acres more or less. BASIS OF 6EARIINGS_ l3eorings indicated are on an assumed meridian based on the North line of Lot 108. FAIR OAKS SECOND- ADDITION- Subdivision, occording- to =the plot--thereof. as recorded in Plot Book 42-1 Pogo 49i public------ records of Pinellas County, Florida, being N 89"113'54"94. SKETCH--NOT A SURVEY ? j POINT OF COMMENCEMENT NE CORNER LOT 108 POINT OF BEGINNING Q .. 2 J' L4 L1 a SCALE IN FEET FAIR OAKS L+?1 1 40' SECOND J `o .?.. PLAT BOOK A7. PAGE 49 3 LOT 108 D 40 j . POd1 5' EASEMENT FOR UTILITY PU RPO5I5 I CALCULATED BY the above Sketch a fond description was prepared under my supervision and is true Ond HFO correct to the best. my knowledge and belief. CHECKED BY: r Rubric Works p -jog S F N t DATE 7 -:a Jj 11 39 S ?TEQFFFOORIS. l P D SURVEYOR CEf FATE NUMBER: 6383 LINE TABLE LINE LENGTH BEARING L1 131.43 N89'lf3'54"W L2 85.31 516'5O'26"W l3 81.95 NOO'03' 1 B"E L4 24.64 5$9'1$'54"E tAHlk311 ""'• SHEET 1 OF I Parcel No.. p001 CONSENT & JOINDER The undersigned being owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage lien and that certain Second Mortgage lien given by Dennis G. Carl and Isabel Carl, husband and wife, as described in the referenced instruments dated June 11, 2007, as recorded respectively in Official Records Book 15876, Pages 2135 -- 2153 and 2154 - 2176, Public Records of Pinellas County, Florida; does hereby join with Grantor/Mortgagor and consents to the grant of easement as conveyed herein to the City of Clearwater, Florida; and hereby subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instruments and all other instruments of security, as described therein to the easement rights as conveyed by Grantor/Mortgagor. COUNTRYWIDE HOME LOANS, INC., . a New York corporation authorized to conduct business in the State of Florida By: Print N e 4's LN Title STATE OF eYjq 5 COUNTY OF a.J I&S ss The oregoin 'nstru nt was acknowledged efore me is 41y of Ooue,',bQc 2008 by , as. V hC of Countrywide Home Loan nc., a New York corporation authorized to conduct business in the State of Florida, mortgagee in the above-described liens, who, being duly authorized, executed this instrument on behalf of said entity, and who acknowledged the execu on thereof to be h free act and deed for the uses and purposes therein expressed, and who [s personally known to me or who [ ] did provide as identification. (? U I L QPN---, My Commission Expires: - r? vl a Notary Public - St a of mcoy" i2 Type/Print Name KAREN R SHUM My caa"6110n EXPW Muffy 14, 2012 WEasements\ALLEN'S CRK (CARL) D & U EAS 0608.doc signature wit le 444 Print nil name v L 11 AFFIDAVIT OF NO LIENS STATE OF CALIFORNIA : ss COUNTY OF LOS ANGELES: BEFORE ME, the undersigned authority, personally appeared Dennis G. Carl and Isabel Carl, husband and wife, whom, being first duly sworn, do depose and say: That they are the owners of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lot 10$,.SECON_D ADDITION.-TO FAIR OAKS,-according to the-plat thereof as - recorded in Plat Book 47, Page 49 of the Public Records of Pinellas County, Florida. 2. That said property is now in the possession of the record owner. 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 June 11, 2007, and that certain Second Mortgage and other instruments of security of even date erewi o given in. favor o Countrywide _ ome Loans, Inc., a New York corporation authorized to conduct business in the State of Florida, as recorded - in Official Records Book 15876, Pages 2135 - 2153 and Pages 2154 - 2163, respectively, all in the 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. 6. That there are no outstanding sewer service charges or assessments payable to any government. WEasements\ALLEN'S CRK (CARL,) D R U EAS 0608.doc 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.) 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. WITNESS Signature WITNESS Printed Name W WITNESS Plinted Name Dennis G. Carl sz&2?z Isabel Carl -Savor _ .?- . ___ _-- ._:. _..-:--__ -_?_ _ __---- -- -- -_ ._-_? _?---=• -- - -- =- -__=:-:-_ --- n to and subscribed to before me this day of (?v 2008. j"Agog "f t4 20 , 271 C? . Nota Pub is - State of California My Commission 15xpires Print/Type Name TRACY FINATO Commission # 1647740 * NOfary PubNc - California Ws Angeles County MyCarus. Fa?lnes Feb 26, 2010 WEasements\ALLEN'S CRK (CARL) D & U EAS 0608.doc