MICHAEL AND MARSHA DYER
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~ doai hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an
easement over, under and across the following described land, lying and
bei~ situate in the County of pinellas, State of Florida, to-wit:
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\ t-~ This easement being for drainage and utilities installation and
~ Httenance.
Cl.. ~ 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.
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EASEMENT
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FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash
paid to them ,the receipt of which is hereby acknowledged,
benefits to be derived therefrom,
MICHAEL L. DYER AND HARSHA L. DYER, HIS WIFE
1210 KAPOK COURT
CLEARWATER, FLORIDA 34619-3211
The North five (5) feet of Lot 20, Kapok Forest
Subdivision, as recorded in plat Book 47, page 47
of the Official Records of Pinellas County,
Florida.
seal
IN WITNESS WHEREOF, the parties hereto have set their hands and
this .a.:l.- day of ~\")ke. , 1989.
-
Signed, sealed and delivered
in the presence of:
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MICHAEL L. DYER
/7l~of/J)t/~
MARSHA L. DYER, H~WIFE
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WITNESS
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared
HIS WIFE, to me well known and
described in and who executed the
before me that they executed
expressed.
MICHAEL L. DYER AND MARSHA L... DJER'.,i'
known to me to be the indi,yi<iucfJl$:;;
foregoing instrument and ackIl9~J.-.~~(jed>
the same for the purpose.~>~;:t~~i~A:~};~
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WITNESS my hand and official seal this
A.D., 1989.
My Conunission
11 REC(JRDIN~
ACCT IOl'n '0
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Documentary TalC Pd. $ S~Y' .....' PiC
___,_.____.'_ Intangible Tax Pd. ~o,J~C
Karl e e[)l;]k'~r, Clerk, Pi;lellas CountY TOTAL ---
, .._ Deputy Clerk 6,6~
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AFFIDAVIT OF NO LIENS
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
MICHAEL L. DYER AND MARSHA L. DYER. HIS WIFE who, being first
duly sworn, depose and say:
1. That they are the owners of legal and equitable title to
the following described property in Pinellas County, Florida, to wit:
The North five feet (5') of Lot 20, Kapok
Forest Subdivision, as recorded in Plat Book
47, Page 47, of the Official 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"):
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4. That there are no liens or encumbrances of any nature
affecting the title of the property hereinabo~e descr~bed, excePt~f
none insert "none"):. /YJ.A~... ~ ~nk..J ~..T'f. ..,/.
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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.
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WITNESS ~
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MICHAEL L. DYER
/1l~/D q'L?-"\.
MARSHA L. D R, HIS ~FE
Sworn to and subscribed to before me this
A.D., 1989.
-<~ 'fI~ day of /7U/7U<
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Notary Public
My Commission Expires:
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NOTE' This is not 0 survey!!
~ 6/6/89
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SUBORDINATION AGREEMENT
THIS SUBORDINATION TO EASEMENT AGREEMENT (the "Agreement") is
entered into this 31 th day of July , 1989, by
Jackie Muellenbach for Fereralf4~Loan tvtJrtaaae Co!'P~ the "Mortgage Holder"),
in favor of the CITY OF CLEARWATER, FLORIDA, (the "Grantee"), and is
made in reference to the following facts:
(A) MICHAEL L. DYER AND MARSHA L. DYER, HIS WIFE, (the "Fee
Owners") are the owners in fee simple ti t16 of that certain real
property situate, lying and being in Finellas County, Florida, and
being more particularly described as Lot 20, Kapok Forest
Subdivision, as recorded in Plat Book 47, Page 47, of the Official
Records of Pinellas County, Florida, (the "property"),
(B) The original lender, Atlantic National Bank of Florida,
has made a first mortgage loan to Fee Owner in the original
principal amount of SIXTY THOUSAND AND NO/lOO DOLLARS ($60,OOO.OO)
(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 6095, Page 1334, of the Public Records of Pinellas
County, Florida.
(C) The Fee Owner has granted to Grantee an easement,
described in Exhibit "A" attached hereto and by this reference made
a part hereof, to construct, install and maintain improvements for
drainage 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 cOflside:cation 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 Property which is encumbered by Mortgage Holder's Instruments of
Security, is hereby made subject, subordinate and inferior to the
Easement in favor of Grantee.
2. Defaul t. 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. Benefi t. This Agreement shall be binding on Mortgage
Holder and its successors and assigns an~ 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 the presence of:
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i':t'CORDING'
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STATE OF
COUNTY OF
GA
Fulton
The foregoing instrument
31st day of July
theR.D. p/IferU.l:Jkirit of
on behalf of the corpo~ation.
My Commission Expires:
NC~';~fY' P~lb~~C, DOlJV.:'as Count:..;'. C"PG:"g~3
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My Commi~n E"xplfei ...illll;u ,.,4, JJ'
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was acknowledged before me
, 1989, by Jackie Muellenbach
Federal Home Loan Mortgage Corporation
this
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EXHIBIT "A"
The North five feet (5') of Lot 20, Kapok Forest Subdivision,
as recorded in Plat Book 47, Page 47, of the Official Records
of Pi~ellas Cnunty, Florida.
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NOTE: This is not 0 survey!!
..
~ 6/6/89