MATTHEW AND BETH CIBULAS
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PINELLAS COUNTY FLA.
INST t 89-308281
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- OF'F']'C'IAL RECORDS **.
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I.. BOOK 7150 PAbE. "..".."....
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EASEM.ENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash
paid to them ,the receipt of which is hereby acknowledged,
benefits to be derived therefrom,
MATTHEW S. CIBULAS AND BETH A. CIBULAS, HIS WIFE
1893 UNION STREET
CLEARWATER, FLORIDA 34623
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an
easement over, under and across the following described land, lyingc.fnd
$ ;feing situate in the County of pinellas, State of Florida, to-wit: ~
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~..ci" t' C ~.. The West 2 1/2 feet of the East 10 feet of the rn -, - m
.... ~ .".. h 49 f d h 2 1/2 f t f th E t ..:0 :b ~ -I
'" ';;1 ~< ~ Nort eet, an t e West ee 0 e as (") c
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~ ;3 ::: ~ H 10 feet of the South 17 feet of Lot 1, Montcla~r r r Z
c::<:~,~ . h I rom
'E 0 ... ~ ~ Lake Estates, accord~ng to t e map or p at w 0 ::0 -I
III ..... t:; t: thereof, as recorded in Plat Book 53, Pages 10 and ~x ^ ~
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e..,.; [5 ~ 11 ,of the Public Records of Pinellas County, ~ ~
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~ This easement being for drainage and utilities 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
utility lines from time to time.
IN WITNE~S WHEREOF, ,the parties hereto have
seal.s. this &D~day of c;..~, 1989.
Signed, sealed and delivered
in the presence of:
~~ 2J~
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WITNESS
set their hands and
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MAT HEW S. CIBULAS
~p.do ~ C ludaJ
B A. C1B . S, HIS WIFE
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared MATTHEW S. CIBULAS AND BETH A CIBULAS,
HIS WIFE, to me well known and known to me to be the individuals
described in and who eAecuted the foregoing instrument and acknowledged
before me that they executed the same for the purposes therein
expressed.
WITNESS my hand and official seal this ~1:tl
A.D., 1989.
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MYMIGomm~-s's iO'fi ". expt'res ~":.'~
.own .SN! 1VHiNi9 nHHl ~!ONOe
0661'[, Nvr 'dX3 NOIs~rwwn1 ,~
;~. WQl~Ol~ ~O al~lS JIland A~V10N
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Documentary Tax Pd. $ .( 5:5
$ Intangible Tax Pd,
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By
".I. "l:'.t,~<'.,Q.f;~
er, Clerk, Pinellas County .;'://(i..f/U:d / 'KARLEEN F. DEBLAKER, CLERK
Deputy Clerk 989 :I 0 · "'8AM
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PINELLAS COUNTY FLA.
INST :I: 89--308282
c** OFFICIAL RECORDS ***
BOOK 7150 PAGE 2223
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SUBORDINATION AGREEMENT
THIS SUBORDINATION TO EASEMENT AGREEMENT (the "Agreement") is
entered into this 30th day of October , 1989, by
FIREMAN'S FUND MORTGAGE CORPORATION (the "Mortgage Holder"),
in favor of the CITY OF CLEARWATER, FLORIDA, (the "Grantee"), and is
made in reference to the following facts:
(A) MATTHEW S. CIBULAS AND BETH A. CIBULAS, HIS WIFE, (the "Fee
Owners") are the owners in fee simple title of that certain real
property situate, lying and being in Pinellas County, Florida, and
being more particularly described as Lot I, Montclair Lake Estates
Subdivision, as recorded in Plat Book 53, Pages 10 and II, of the
Official Records of Pinellas County, Florida, (the "property").
(B) The original lender, First Florida Bank, N.A., has made a
first mortgage loan (090-2912678-703) to Fee Owner in the original
principal amount of SEVENTY-TWO THOUSAND, NlNE-mmnREDSEVENTY-ONE
AND NO/100 DOLLARS ($72,971.00) (the "Loan") which is secured, among
other things, by a note, mortgage and certain other instruments of
security executed by Fee Owner in favor of Lender (collectively the
"Instruments of Security"). Certain of such Instruments of Security,
and specifically the mortgage, encumber the fee simple title of Fee
Owner in the Property, said mortgage being recorded in Official
Records Book 6607, Page 0242, of the Public Records of Pinellas
County, Florida.
(C) The Fee Owner has granted to Grantee an easement, described
in Exhibit "A" and "B" attached hereto and by this reference made a
part hereof, to construct, install and maintain drainage and utility
lines upon the Property by virtue of that certain 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").
NOW THEREFORE, for and in consideration of the premises, and for
other good and valuable consideration in hand paid to the Mortgage
Holder, receipt of which is hereby acknowledged, the Mortgage Holder
does hereby covenant and agree as follows:
1. Subordination. The Mortgage Holder does hereby agree that
its first mortgage lien and all other right, title and interest in
the Easement which is encumbered by Mortgage Holder's Instruments of
Securi ty, is hereby made subject, subordinate and inferior to the
Easement in favor of Grantee.
2. Default. Mortgage Holder hereby warrants and represents to
Grantee that it is the current owner of the Lender's interest in the
Instruments of Security and that no defaults presently exist
thereunder.
3. Modifications. This Agreement shall not be modified or
amended except in writing between Mortgage Holder and Grantee.
4. Benefit. This Agreement shall be binding on Mortgage Holder
and its successors and assigns and shall inure to the benefit of
Grantee and its successors and assigns.
IN WITNESS WHEREOF, the Mortgage Holder has executed this
Agreement on the day and year first above written.
Signed, sealed and delivered
in tl1~ Ere~e~nce QU,._ ,. '~___m
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Linda .J, Wlil.temah.... . .', ....
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CleCtruJ[L-l~r, ft- 34&/~ -~7cjf
L;~; , ,..,,~.)(<..e '<ARLEEN F. {IEBLAKER, CLERK
DEC 12, 1989 10t28AM
(Corpora.te .Seal)
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.' " RECORDS ***
*** OFF!L~AL PAGE 2224 _
r~oOK 71,JO ~..//
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 30th
day of October , 1989, by Linda J Whiteman
the Vice President of FIREMAN'S FUND MORTGAGE CORPORATION, on
behalf of the corporation.
_u... MARIANNE MAHiN
t MlchiQar<
Notary Public.. o:a~~p~~esC~~r6h 7. 1892
~,.,~,! Corr.rn~~s\on
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Notary Public . > ..:::
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My Commission Expires:
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*** OFFICIAL RECORDS !**
- L>.GE- '")'")'")'-
BOOK 7150 PnJ ",J
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EXHIBIT "A"
The West 2 1/2 feet of the East 10 feet of the North 49 feet,
and the West 2 1/2 feet of the East 10 feet of the South 17
feet of Lot 1, Montclair Lake Estates, according to the map
or plat thereof, as recorded in Plat Book 53, Pages 10 and
11, of the Public Records of Pinellas County, Florida.
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*** OFFICIAL
BOOK 71 ~50
F~ECOBDS ***
PAGE 2~?26
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NOTE:
This is 1'101
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UNION
STREET
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LOT
MONT C L A I R L A 1'= E sTtSJrS-
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PROPOSED DRAINAGE
8 UTILITY EASEMENT
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AFFIDAVIT OF NO LIENS
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
MATTHEW S. CIBULAS AND BETH A CIBULAS. HIS WIFE who, being first
duly sworn, depose and say:
1. That thevare the owners of legal and equitable title to
the following described property in Pinellas County, Florida, to wit:
The West 2 1/2 feet of the East 10 feet of the
North 49 feet, and the West 2 1/2 feet of the East
10 feet of the South 17 feet of Lot 1, Montclair
Lake Estates, according to the map or plat thereof,
as recorded in Plat Book 53, Pages 10 and 11, of
the Public Records of Pinellas County, Florida.
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"): None
4. That there
affecting the title
none insert "none"):
are no liens or encumbrances of any nature
of the property hereinabove described, except (if
Fireman's Fund Mortgage Co.
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.
7. That the representations embraced herein are for the purpose
of inducing CITY OF CLEARWATER, its agents, successors and assigns to
rely thereon.
?21~~
MATTHEW S. CIBULAS
.",.
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BETH A. JZI AS, HIS WIFE
Sworn to and subscribed to before me this 0~ day of
A.D., 1989.
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My commission expires:
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.. Notary Pub . /~'____u~:~7^~
NOT~RY PUBLIC STATE OF F[~A
NY tQ""I5~ro. t^~. JAN ?7 1990
BONDED THRU GE~ERA[ ZItS. U~Q.