SUNSET POINT BAPTIST CHURCH (4)
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292.96 us Highway 19 N
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CleafWater, FL 33761
(727)787-5800 Fax 785-5528
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KARLEEN F, DE BlAKER, CLERK OF COUR1..
I PU(LLAS COUNTY, FLffilDA .
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C4014138 03-13-2003 09:56:10 EBZ
51 EAS-SUNSET PT CHlmf CLW
261285 3010 - 00000665
11:03100116 ItI(:125% SP6:1358 EPG:1361
I\ICORDIHG 004 PAGES 1 $19,50
Ret1:lffl-te :
Pioneer Title Company
29296 U. S. Highway 19 North
Palm Harbor, FI. 34684
File No.
TOTrt.: $19.50
IlEa( AHT. TEHIlREJ): $15.00
CIMI AItlIff: $4.50
BY ___ IIPUTV ClERK
Parcell. D. Numbers 03-29-15-55548-000-0090, 0190 & 0200
03- 100 116 MRR-13-2003 9: 54AM
PINELLRS CO BK 12596 PG 135B
111111I1111111111111111111111111111111111111111111
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby
acknowledged, and the benefits to be derived therefrom,
Sunset Point Baptist Church of Clearwater, Florida, Inc., a Florida non-profit corporation
1390 Sunset Point Road, Clearwater, Florida 33755
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), an 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 to encumber portions of the Lots 9. 19 and 20. E.
A. MARSHALL'S SUBDIVISION. as recorded in Plat Book 3. Paae 44. Public Records of
Pinellas County, Florida, said easement premises beina depicted in EXHIBIT "A" appended
hereto and made a part hereof. and beina more specificallv described as follows:
From the northeast corner of Lot 9, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat
Book 3, Page 44, public records of Pinellas County, Florida, thence N89015'19"W along the
northerly boundary thereof, a distance of 30.00 feet to the westerly right-of-way of Kings
Highway; thence SOoo17'27"E along said westerly right of way line a distance of 236.41 feet
to a point of intersection with the southerly boundary of that certain 50 foot drainage
easement as recorded in O. R. 2940, page 48, public records of Pinellas County, Florida, for
a POINT OF BEGINNING; thence continue SOoo17'27"E along the westerly right of way of
Kings Highway a distance of 62.81 feet; thence by the following three (3) courses along a
line 50 feet southerly and easterly from and parallel with the southerly and easterly
boundary of the aforesaid 50 foot drainage easement; 1) S52027'39"W, 200.93 feet; 2)
S34013'00"W, 68.88 feet; 3) SOoo16'17"E, 198.38 feet; thence S53016'39"W along a line 25
feet from and parallel with the said 50' drainage easement a distance of 195.19 feet; thence
NOoo16'17"W along a line 57.00 feet from and parallel with the east line of said Lot 19 a
distance of 31.08 feet to the southerly boundary of the aforesaid 50' drainage easement;
thence by the following four (4) courses along the southerly and easterly boundary thereof:
1) N53016'39"E, 133.02 feet; 2) NOoo16'17"W, 219.75 feet; 3) N34013'00"E, 92.43 feet; 4)
N52027'39"E, 246.98 feet to the POINT OF BEGINNING. Containing 0.6838 acres (more or
less), or 29,786 square feet, more or less; and being subject to those certain easements as
recorded in Deed Book 1614, page 87; O. R. Book 3146, page 298; O. R. Book 4871, page
1621; and O. R. Book 5713, page 866 of the public records of Pinellas County, Florida.
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PINELLRS COUNTY FLR,
OFF,REC,BK 12586 PG 1358
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 and to
excavate, grade, contour, stabilize, construct, install and maintain thereon stormwater lines and facilities, and to
inspect and alter such stormwater lines 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 facilities 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 and agreed by and between the parties hereto that a portion of Grantor's existing frame
maintenance building and an aluminum storage shed are constructed within a portion of the easement premises
lying in the northwesterly corner of Lot 20, E. A. MARSHALL'S SUBDIVISION. The referenced improvements shall
not be deemed an encroachment and may remain as constructed until such time as they are no longer functional.
Grantee covenants with Grantor that it will either protect the foundations of the existing improvements against
potential damage that may result from drainage improvements Grantee will make within the easement premises,
or Grantee, at Grantee expense, will relocate the referenced improvements elsewhere upon Grantor's property.
Both parties agree to cooperate in obtaining all necessary plans and governmental permits such relocation may
require. Nothing contained herein provides that the existing improvements be reconstructed within any portion of
the easement premises once demolished or removed, nor may any other improvements be constructed therein.
It is further agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the
easement rights granted herein.
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 WITNESS WHE~derSigned grantor has caused these presents to be duly executed in its name this
~ day of , 2003.
Signed, sealed and delivered
in the presence of:
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WITNE~Signatuw . ~ d
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Print Witness Name
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Print Witness Name
SUNSET POINT BAPTIST CHURCH OF
CLEARWATER, FLORIDA, INC.
By:
Gordon R. B rdslee, President,
Board of Directors
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R atch, ecretary,
Board of Directors
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PINELLRS COUNTY FLR
OFF.REC.BK 12596 PG 1360
Acknowledgement Re:
Drainage & Utility Easement
Grantor: Sunset Point Baptist
Church of Clearwater, FI., Inc.
Grantee: City of Clearwater, FI.
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Gordon R. Beardslee, as President of the
Board of Directors of Sunset Point Baptist Church of Clearwater, Florida, Inc., whom, being duly authorized,
executed the foregoing easement instrument on the day and date first above written on behalf of said corporation,
and who acknowledged before me that he did execute same freely and voluntarily for the uses and purposes
therein described. r-::- /l
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Notary Public - State of londa
JQn()iQr Q~dmC111
Type/Print Name
,,-:;'~"r;;", JENNIFER C. FRiEDMAN
/~~l:"" ~\ MY COMMISSION # DO 137729
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~:. )ii EXPIRES: November 3U 2006
'1.i'Cii'" It-'- Bonded Thru Notary Public Under.vnters
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[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
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E'XHIBIT "A"
THIS IS NOT A SURVEY!!
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
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PINELLRS COUNTY FLR.
OFF. REC . BK 12596 PG 1361
UNE
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LINE TABLE
LENGTH
62.81
31.08
BEARING
500'17'27"E
N00'16'17"W
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA ("Contract")
PARTIES: Sunset Point Baptist Church of Clearwater, Florida, Inc., a Florida non-profit corporation, (herein "Seller"), of
1390 Sunset Point Road, Clearwater, Florida 33755, Phone: (727) 446-2622, and the City of Clearwater, Florida, a
Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748,
ATTENTION: City Manager, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real
property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and
conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF
EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE
ESSENCE IN THIS Time periods of 5 days or less shall be computed
without including Saturday, Sunday, or national legal holidays and any
time period ending on a Saturday, Sunday or national legal holiday shall
be extended until 5:00 P .M.of the next business day.
1. LEGAl OFSCRIPTION: A portion of Lot 19, E, A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3,
Page 44 of the Public Records of Pinellas County, Florida, containing 3.455 acres, more or less, and being
more particularly described in EXHIBIT "A" attached hereto and made a part hereof; tngAthAr with a
Perpetual Drainage & Utility Easement to encumber portions of Lots 9, 19 and 20, of said E. A.
MARSHALL'S SUBDIVISION, containing 29,809 square feet, more or less, and being more particularly
described in EXHIBIT "B" attached hereto and made a part hereof,
PERSONALTY: NONE BEING CONVEYED - VACANT PROPERTY
2. FULL PURCHASE PRICE .,.........................,...... ,......,.................,........,.....,........,..................,$ 300,00000
3, MANNF;:R OF PAYMENT: City of Clearwater check in U,S. funds at time of closing...,..............,..........$ 30000000
4. DETFRMINATION OF PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. The
Purchase Price is based on:
An appraisal performed by C. Richard Tobias, MAl, Valuation Services, Inc., valued the fee simple interest in the
subject property, estimated to contain 3,72 acres, at $260,000.00 as of June 21, 2002. The appraisal contained an
error in the total amount of land to be acquired, In an appraisal addendum dated September 5, 2002 the fee simple
parcel was amended to 3.462 acres valued at $240,000 (subsequently calculated at 3.455 acres) and the Perpetual
Drainage & Utility Easement encompassing 29,809 square feet, more or less, was valued at $53,700,
5. TIMF FOR ACCFPTANCE; APPROVAl S
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and
be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services
Manager of the City of Clearwater for acceptance and approval or rejection by action of the Clearwater City Commission
("Commission"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City
officials and delivered to Buyer within 10 days thereafter. If this contract is rejected by the Commission upon initial
presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing
within 5. days of such action.
6, IIILE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal
Representative's or Guardian's Deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 7
acceptable to Buyer. Otherwise title shall be free of liens, but subject to covenants, restrictions and public utility easements of
record. Property taxes for the year of closing shall be collected from Seller and paid to date of closing. Other matters which
title will be subject: NONE; provided there el(ist~ ~t dosing no \!iolaticn of the foregoing and none of them prevents 8uyer's
intended use of the Property for institutional purposes, specifically: a stormwater detention pond. Seller warrants and
represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 10 days prior to closing date deliver to Buyer a title insurance commitment issued
by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and
those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to
applicable Title Standards adopted by The Florida Bar and in accordance with law, Buyer shall have 5 days from receiving
evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying
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defect(s), If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the
defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract.
Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
8, SURVEY
Buyer, at Buyer's expense, shall within time allowed to deliver evidence of title and to examine same, have Real Property
surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor, If survey confirms that
actual square footage of either, or both, Fee Simple Parcel and/or Easement Parcel exceed projected calculations contained
in EXHIBITS "A" and "B", the additional square footage shall be compensated at $1,80 per square foot. In no event shall
purchase price as shown in Paragraph 1 hereof be reduced, If survey shows any encroachment on Real Property, or that
improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. EXCEPTION: Should the
subject survey determine that Seller's existing outbuilding encroaches into the Property, Buyer, at Buyer expense, shall
relocate the structure or otherwise restore its functional use essentially as exists as of the Effective Date hereof, The survey
shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code and may include a
description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes.
9, CLOSING PI ACF AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in
Pinellas County, Florida, on or before 60 days following the Effp.ctive Date, unless extended by other provisions of this
contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to
close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other
party, time of closing may be extended up to 45 days without effect upon any other term, covenant or condition contained in
this contract.
10, CLOSING DOCUMFNTS
Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage
estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting
forth facts showing the conveyance conforms to the requirements of local law, Buyer shall furnish closing statement.
11, CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid
by the Seller, Seller shall also pay the costs of recording any corrective instrum~nts. Buye~ shall pay record2tionof the deed.
12, PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing,
Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the
Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter
196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the
previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in
trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Seller shall pay assessments
for any improvements that are substantially complete at time of closing in full,
13, OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees
to deliver occupancy of the Property at time of closing unless otherwise stated herein, If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance
from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy
unless otherwise stated herein or in separate writing.
14. PROPERTY CONDITION
Selleu:ha!!deH'Is:, the Property to 8~jat time. uf .::.l051119 in itS preseilt "as is.' condition, ordinarywear and tear excepted,
and shall maintain the landscaping and grounds in a comparable condition. Seller niakes no further warranties other than as
disclosed herein in Paragraph 19 ("SELLER WARRANTIES") and marketability of title, Buyer's covenant to purchase the
Property is specifically made subject to the following provisions:
"As Is" With Right of Inspection: Buyer may, at Buyer expense and within 50 days from Effective Date ("Inspection
period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to
determine suitability for Buyer's intended use, Seller shall grant reasonable access to the Property to Buyer, its agents,
contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the
Property and conduct the inspections and investigations at their own risk. Buyer shall not engage in any activity that could
result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this
contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal
conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such conditions to
Buyer satisfaction, If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property
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resulting from the inspections and investigations and return the Property to its present condition,
15. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F. S. 758.28,
agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and
investigations described in Paragraph 14(b)(if applicable), or in performing the survey described in Paragraph 8, resulting from
Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign
immunity statute.
16. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed and grant of easement shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any
encumbrances or change which would render Seller's title unmarketable from the date of the iast title evidence. If Seller's title
is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the
defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure
the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after
demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real
Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take
title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent
insures adverse matters pursuant to Section 627,7841, F .S. (1987), as amended.
17. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable
after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to
Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific
performance, If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee.
18. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would
be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify
known defects, If none are known, write "NONE")
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Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as
disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters,
or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be
deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract.
19. CONTRACT NOT RECORDABLF; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the
benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all.
20. NOTICF
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail,
properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties
attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all
terms and conditions of this contract.
21. ASSIGNABILITY; PERSONS BOUND
The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and
their heirs, personal representatives, successors and assigns (if assignment is permitted).
22, ATTORNFY FFES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
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24. NO RROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions
contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may
suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in
contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits
and restrictions of the Florida sovereign immunity statute, F.S, 768.28.
25. EFFFCT OF PARTIAl INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision, In
the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the
invalid provision.
26, GOVFRNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in
accordance with the laws of the State of Florida.
27. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which
together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any
written modifications hereof, and any initials or signature thereon shall be deemed an original.
28, ENTIRE AGREEMFNT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall
supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto,
All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this
agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached
hereto,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX,
ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING,
Signed, sealed and delivered
In the presence of:
Sunset Point Baptist Church of Clearwater, Florida, Inc"
a Florida non-profit corporation
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WITNESS dJ.i~fSf\~A: WAlERHOUSI
By:
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ent, Board of Directors
Pri~a~
vvJ1'N SS signature
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Print WITNESS name
------------------------------------------------------------------------------------------------------------------------------------------------------------------
APPROVED AND ACCEPTED this ~tLdayof ~
,2002.
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OF CLEARWATER, FLORIDA
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Wil/iC)m B. Heme, II, City Manager
Approved as to form:
ATTEST:
Ebarrett on PWA1/CityBuy/Sunset pt Bapt Cont. doc
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EXHIBIT "A"
FEE SIMPLE PARCEL - Leaal Description
A PORTION OF LOT 19, E. A. MARSHALL'S SUBDIVISION, AS RECORDED IN
PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA LYING AND BEING SITUATE IN THE SOUTHEAST % OF THE
NORTHEAST % OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 19 OF E. A.
MARSHALL'S SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; LESS AND EXCEPT
THE NORTH 10 FEET AND THE SOUTH 50 FEET THEREOF AS CONVEYED
FOR RIGHT-OF-WAY PURPOSES IN THAT CERTAIN WARRANTY DEED
RECORDED IN O. R. 2940, PAGE 51, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; RUN THENCE NOoo23'37"W, 573.07 FEET; THENCE
S88044'23"E, 241.40 FEET; THENCE NOoo23'37'W, 20,00 FEET; THENCE
S88044'33"E, 90,00 FEET; THENCE SOoo46'43"E, 59.83 FEET; THENCE
S53016'50'W, 61.99 FEET; THENCE SOooOO'OO"E, 117,54 FEET; THENCE
S11038'21'W, 381,96 FEET; THENCE N89012'39"W, 201,19 FEET TO THE
POINT OF BEGINNING,
CONTAINING 150, 490 SQUARE FEET, MORE OR LESS (3.455 ACRES::!::),
AND BEING SUBJECT TO THOSE CERTAIN EASEMENTS DESCRIBED IN
DEED BOOK 1614, PAGE 87-88, AND O. R. BOOK 2940, PAGE 48, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
. .
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EXHIBIT "B"
ADDITIONAL PROPOSED DRAINAGE & UTILITY EASEMENT IN E. A.
MARSHALL'S SUBDIVISION: Leaal Description
A Drainaae & Utility Easement being a portion of Lots 9, 19 and 20, E. A.
MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44 of the
Public Records of Pinellas County, Florida, more particularly described as
follows:
Commence at the easterly and southerly limits of that certain Drainage
Easement recorded in O. R. Book 2940, Page 48 of the Public Records of
Pinellas County, Florida, as said easement may encumber Lots 9, 19 and
20, E. A. MARSHALL'S SUBDIVISION, thence run easterly 50 feet of the
current limits of said easement as it may now encumber Lot 9, of said E. A.
MARSHALL'S SUBDIVISION, and run easterly and southerly 25 feet of the
currents limits of said easement as it may now encumber Lots 19 and 20 of
said E. A. MARSHALL'S SUBDIVISION, less and except any portion of said
easement that may lie within the following described tracts:
That portion of State Street right-of-way vacated in Resolution 69-86 as
recorded in O. R. Book 3146, Page 298, Public Records of Pinellas County,
Florida, and that portion of Lot 19, E. A. MARSHALL'S SUBDIVISION more
particularly described as follows:
Begin at the Southwest corner of said Lot 19 of E. A. MARSHALL'S
SUBDIVISION as recorded in Plat Book 3, Page 44, Public Records of
Pinellas County, Florida, less and except the south 50 feet thereof; run
thence NOoo23'37"W, 573.09 feet; thence S88044'23"E, 241.13 feet; thence
N89014'17"W, 25.0 feet; thence S88044'23"E, 90.0 feet; thence SOoo46'43"E,
39.86 feet; thence S53016'50"W, 61.99 feet; thence SOooOO'OO"E, 117.54 feet;
thence S11038'21"W, 381.96 feet; thence N89012"39"W, 201.19 feet to the
POINT OF BEGINNING.
Containing 29,809 square feet, more or less.
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LOCATOR MAP:
SUNSET POINT BAPTIST CHURCH SALE TO CITY OF CLEARWA TER
FEE SIMPLE PARCEL -3.455: AC.:!:
DRAINAGE & UTILITY EASEMENT PARCEL - 29.809 S.F.:!: (0.68 AC.:!:l
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Gordon R.
Beardslee, as President of the Board of Directors of Sunset Point Baptist Church of
Clearwater, Florida, Inc. whom, being first duly sworn, does depose and say:
1, That said corporation is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
Portions of Lots 9 and 19, all of Lot 20, E. A. MARSHALL'S
SUBDIVISION, as recorded in Plat Book 3, Page 44, Public Records
of Pinellas County, Florida, together with those vacated portions of
State Street lawfully attaching thereto as recorded in O. R. Book
3128, Page 319 and O. R. Book 12063, Page 2454, 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,
enter "NONE")
;Uo~e-
4, That there are no liens or encumbrances of any nature, other than easements and
restrictions of record, affecting the title of the property hereinabove described, except: (if
none, enter "NONE")
Nt?NC'
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.
I
I
Page 2 - Affidavit of No Liens
Sunset Point Baptist Church of Clearwater, FI., Inc.
RE: Lots 9, 10 & 19, E. A. MARSHALL'S SUB.
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.
e~
NESS Sig re r-;../J _ _ _ .
S.Q ()/ ' r ,OPUVYlP--
Witness Printed Name
~~
WITNESS Signatur~ ~
p ~ 1,....
Witness Printed Name
Sworn to and subscribed to before me this
2003.
~ 0Jruvu' c hi~
Notary Public ~ ate otElc>r~
c 1'e n n) r C f={1'p /YlQ 1\
Print/Type Name
SUNSET POINT BAPTIST CHURCH
OF CLEARWATER, FLORIDA, INC.
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Gordon R. Be dslee, President,
Board of Directors
...-:i,!/'/.::!.-.. JENNIFER C. FRIEDMAN
f.'f'"A"'if{:.. MY COMMISSION # DO 13n29
: ::A.: i EXPIRES: November 30, 2006
~i':'" r:.~'i) Bonded Thru Nolary Public Underwriters
,Hr...,
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CITY OWNED PROPERTY
COUNTY IDENTIFIER: PORTION OF 03-29-15-55548-000-0090
ATLAS PAGE: 251B
LOCATION: 1390 SUNSET POINT ROAD
SHORT LEGAL: A PORTION OF LOT 19, E. A. MARSHALL SUB. AS RECORDED
IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PlNELLAS
COUNTY, TOGETHER WITH A DRAINAGE & UTILITY EASMENT
CONTAINING 29,786 SQUARE FEET (t) ENCUMBERING PART
OF LOT 9, 19 AND 20 IN SAID E. A. MARSHALL SUB.
DIMENSIONS/ACREAGE: 3.455 ACRES (FEE PARCEL)
0.684 ACRES (EASEMENT PARCEL)
SURVEY: YES BY: SUNCOAST LAND SURVEYING, INC. DATE: 02-17-03
APPRAISAL: C. RICHARD TOBIAS, MAl, VALUATION SERVICES, INC.,
FEE PARCEL: $240,000 EASEMENT PARCEL: $53,700
APPRAISAL DATE: JUNE 21, 2002
SPECIAL USE (IF ANY): ACQUIRED FOR UTILIZATION IN SPRING BRANCH
CHANNEL IMPROVEMENT PROJECT OF THE STEVENSON CREEK MANAGEMENT
PLAN. THE FEE PARCEL WILL BE DEVELOPED INTO A DETENTION POND. THE
EASEMENT PARCEL WILL ALLOW WIDENING AND STABILIZATION OF SRING
BRANCH OF STEVENSON CREEK.
ZONING: CITY OF CLEARWATER INSTITUTIONAL ("I")
SELLER: SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC.
PURCHASE PRICE: $300,000
CLOSING COSTS: $86.00
APPROPRIATION CODE: 315-96149-560100-539-000
ACQUISITION DATE: MARCH 11, 2003
TITLE INSURANCE: YES - PIONEER TITLE, INC.
TITLE UNDERWRITER: AMERICAN PIONEER TITLE INSURANCE COMPANY
POLICY NO. OP-9-0449-6615
CLOSING AGENT/FILE NO.: PIONEER TITLE, INC., 29296 U. S. HWY 19
NORTH, CLEARWATER, FL. 33761 / FILE NO. 03-01023
O.R. BOOK/PAGE (DEED): 12596 / 1349 (SPECIAL WARRANTY DEED)
(EASE): 12596 / 1358 (DRAINAGE & UTILITY EASEMENT)
COMMENTS: SEE "SPECIAL USE" ABOVE