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WILLIAM D AND BRENDA K WALTER I INST :It 97-209127 JLY 23, 1997 1:05PM I / Preoared bv & return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 PINELLAS COUNTY FLA. OFF.REC.BK 9781 PG 2305 EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, WILLIAM D. W ALTER & BRENDA K. W ALTER, husband and wife, 1100 South Evergreen Avenue Clearwater, FI. 34616-4244 do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, an easement over, under and across the following described land lying and being situate in the County of Pin ell as, State of Florida, to wit: 11 RE~OING 0 ACCT ill..001~ REC T5,O\1. FEES ~~ ~ . _ This easement is for drainage and utility installation and maintenance. p ,C ----?I'i'\ OOC ~ The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the INT above described premises and to construct, install and maintain thereon any drainage and TOTAL. \ '5 .1 () utility facilities and to inspect and alter such drainage and utility facilities from time to JG time. That portion of Lot 47, SIRMONS HEIGHTS 1ST ADDITION, as legally described and depicted in EXHmIT "A" attached hereto & a part hereof. IN WITNESS WHE~F, the unde gned grantors have caused these presents to be duly executed this l day of 1997. f)JLQ.~ William D. Walter WIT SS Sig~ rXo I ("'S"'S. .. hh)t fl S Print Witness Name Pd . .10 Documentary Tax . . _linaI'Glble Tax Pd. Karleen F. Delilak-, Clerk. P1nellal CountY . .-ri.^y, . ... DepUtY .I~ Y \) CJ (:;;;. I UNTY FLA. t P~NELLAS9~~1 PG 2306 OFF. REC. BK___ _ Page 2 - Drainage & Utility Easement Grantor: Frank R. & Debra L. Gossett Grantee: City of Clearwater, Florida RE: Lot 47, SIRMONS HEIGHTS 1ST ADD. STATE OF VIRGINIA COUNTY OF ROANOKE [ ] Personally Known (XJ Produced Identification Type of Identification Produced ~ jrl lie r:5 Signed, sealed and delivered in the presence of: ~U~~ ~",f... ~S ~S:signature ~ ~ ~-\-r\~,~ p-. E r Print Witness Name ~~- TNESS. Signat~ ~M Print Witness Name ~~W'~ Brenda K. Walter STATE OF FLORIDA COUNTY OF PINELLAS efOregOing instrument was acknowledged before me this ~ day of , 1997 by Brenda K. Walter. ~ .1'IIIIIINNlIIIINlIIIIIIIIIIIIIIIINIIlIllIIm..'1I/. ~ .: ~.....y """ Earl W. Barrett ( , : ~~'b Nolaly Public. State of Florida ~ " .''A''_t CommissionNo.CCS37063 ( Notary Pubhc - State of FlorIda :' """OFr.O" My Commission Expires 05126/00 ( ': 1-800-3.NOTAaY. Faa. NoIary Scrvlc.1t BoIIdins Co. ( . ....\'M'....')')')')')')')')')')')....')')')')......,...~.........)..".....ys...>'.,.,..,.,...-;.......')... ~ [ ] Personally Known [,....rProduced Identification Type of Identification Produced ~ ~ lAru ~e-cl- L.t GeM'ol? <. . ,. - . I EXHIBIT" A" I UNTY FLA. PINELLAS C01 PG 2307 oK 978 OFF.REC.D LEGAL DESCRIPTION Begin at the Southeast corner of Lot 47, Sirmons Heights First Addition, os recorded in Plot Book 26, Page 59, of the Public Records of Pinellos County, Florida; thence run along the South line of said Lot 47, N89'1'25"W, 70.00 feet; thence run along the West line of said Lot 47, NOO"02'26"E, 11.00 feet; thence run S8911'25"E, 70.00 feet to 0 point on the East line of said Lot 47; thence run along said East line Soo'02'26"W. 11.00 feet to the P.O.B. CoClt9iniog, 769.93 s.t. LOTUS PATH 47 !'I. 109 i~ . 1 g~ ~I STEVENSON'S CREEK NOlE: This is not 0 surve)'f ~ W W ~ en z w W lk: " a=:: ~ w HollO 6/6/95 90576LOT.dwg .., .. J'. ry~ - , INST # 97-209128 JLY 23, 1997 1:05PM ~ PINELLAS COUNTYGF~~08 OFF.REC.BK 9781 P / Prepared by and return to: Earl Barrett Engineering Department city of Clearwater P. O. Box 4748 Clearwater, Fl. 34618 CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST THE UNDERSIGNED, owner of a lien on or secured interest in the following described premises: A portion of Lot 47, SIRMONS HEIGHTS FIRST ADDITION, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof, EC eES MTF PTG \Q.... PIC OOC . I~7WITNESS WHEREOMa the INT signed this _ day of Y TOTAL \c;'~.6. Signed, sealed and delivered in ! presence of: ~~e ~r' t~e Tanya Curry ~~ ~ -~ Wi ess Sig~ L- Pnnt name:::.-./6~ ~~ as evidenced by a mortgage dated June 3, 1996 in favor of COUNTRYWIDE HOME LOANS, INC., as recorded among the Official Records of Pinellas County, Florida in o. R. 1 RfCORDING Book 9360, Pages 665 through 673, does hereby consent to and joins in the OCT \~~t)granting of that certain Drainage and Utility Easement to be given by WILLIAM D. WALTER and BRENDA K. WALTER, husband and wife, mortgagor, in accordance with \~ CD ~provisions of that certain Purchase Agreement between said mortgagor and the CITY 'OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, dated January 28, 1997, and hereby further subordinates said mortgage interest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grant, together with facilities described therein. undersigned has caused these presents to be , 1997. COUNTRYWIDE HOME LOANS, INC. By: AwuOJ ~i: / Awilda Apen Name Print Assistant Secretary Title ~ ., 1 1 r PINELLAS COUNT~GF~~09 OFF.REC.BK 9781 CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ) COUNTY OF LOS ANGELES SS. On this ~ of May, 1997, before me, Malika Keo, Notary Public, personally appeared AWilda Aponte, personally known to me to be the person whose name is signed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Ckt~ Malika Keo Notary Public - Commission No. 1110391 Commission Expires: September 3, 2000 TYPE OF DOCUMENT: DOCUMENT DATE: NUMBER OF PAGES: SIGNER(s) OTHER THAN ABOVE: CAPACITY(IES) CLAIMED BY SIGNER: SIGNER IS REPRESENTING: --~U~=~-Ul J. CoI,::mCD91 .. 1 _..--~ \.clI~COlnY _---~~~~~l Consent to Easement and Subordination of Interest May 27,1997 1 None Assistant Secretary Countrywide Home Loans, Inc. ." , .~... y ~ EXHIBIT "A" ~ OUNTY FLA. PINELLAS ~81PG 2310 OFF.REC.BK 9 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 47, Sirmons Heights First Addition, as recorded in Plat Book 26, Poge 59, of the Public Records of Pinellas County, Florida; thence run along the South line of said Lot 47, N89'1,'25ftW, 70.00 feet; thence run along the West line of said Lot 47, NOO'02'26"E, 11.00 feet; thence run S8911'25"E, 70.00 feet to a point on the East line of said Lot 47; thence run along said East line SOO'02'26"W, 11.00 feet to the P.O.B. Cootpining 769.93 s. f. . . LOTUS PATH 47 l&.I ~8 ~;: z STEVENSON'S CREEK NOTE: This is not 0 survey! . . . 8~ "':N -p ~ t- W W a::: t- (J) Z W w a::: C> a::: ~ w Novo 6/6/95 9057610T.dwg '" I ~ AFFIDA VIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared BRENDA K. WALTER, a married woman, whom, being first duly sworn, does depose and say: 1. That she is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: That portion of Lot 47, SIRMONS HEIGHTS 1ST ADDITION, as legally described and depicted in EXHIBIT" A" attached hereto. 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: NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain mortgage given to Countrywide Home Loans, Inc. on May 31, 1996 as recorded among the Public Records of Pine lias County, Florida in Official Records Book 9360, Pages 665 - 673. 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. PAGE 1 OF 2 I I AFFIDAVIT OF NO LIENS RE: Drainage & Utility Easement Grantor: Brenda K. Walter Grantee: City of Clearwater, Florida Sworn to and subscribed to before me this /I. '1* day of ~ otary Public - State of Florida ~tv: ~ Printffype Name of Notary ~ (/ ,1997. .: W;rnmiS~W;~ ~ . ~] ~~ . ( . : ... ... Nola1y Public, State of Florida , : ' c.; i Commission No. CC 537063 ~ .' ~OFf~\l My Commission Expires OS/26/00 ( .' ( ,.' 1-8QO.3.NOTAllY - PIa. Notary S.rrico &; BlIIIdilla Co, ( ,...'l'l'l..;..,'l'>'>'l'l'>'>'>'>'>...'>'>'t;'>'.""\...\\..,'')'l......".,';",,,,\\.w.)'i'l'l..i'i,~ PAGE 2 OF 2 I EXHIBIT" A" 1 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 47, Sirmons Heights First Addition, as recorded in Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run along the South line of said Lot 47, N891 "25"W, 70.00 feet; thence run along the West line of said Lot 47, NOO-o2'26"E, 11.00 feet; thence run S8911'25"E, 70.00 feet to 0 point on the East line of said Lot 47; thence run along said East line SOO'02'26"W, 11.00 feet to the P.O.B. Contpinio9 769.93 s.f.. i ~ LOTUS PATH 47 1". ~8 N--= P'" 8 z STEVENSON'S CREEK NOTE: This is not a survey! ~ . . 8~ ~N ...p ~ ~ W W ~ ..-- Ul Z W W ~ C> ~ ~ W Novo 6/6/95 90576LOT.dwg " .. I I AFFIDAVIT OF NO LIENS STATE OF VIRGINIA COUNTY OF ROANOKE BEFORE ME, the undersigned authority, personally appeared WILLIAM D. WALTER, a married man, whom, being first duly sworn, does depose and say: \ 1. That he is the own~r of legal and equitable title to the following described property in Pinellas County, Florida, to wit: That portion of Lot 47, SIRMONS HEIGHTS 1ST ADDITION, as legally described and depicted in EXHIBIT" A" attached hereto. 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: NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain mortgage given to Countrywide Home Loans, Inc. on May 31, 1996 as recorded among the Public Records of Pinellas County, Florida in Official Records Book 9360, Pages 665 - 673. 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. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely ther 0 ~~ '8M !:{:;S:- rrre :5 W kmL William D Walter WITNESS P~~ Name ~'LJ WlrJli~~~k?,:{I~ WITNESS Printed Name PAGE 1 OF 2 . I AFFIDAVIT OF NO LIENS RE: Drainage & Utility Easement Grantor: William D. Walter Grantee: City of Clearwater, Florida Sworn to and subscribed to before me this ~ ,-:>/.i',~, . _0'- /,,/' . day of I J\J~ ,1997, ,4pr/1 LiD~ 20cJ/ My Commission ffxpires PAGE 2 OF 2 . .. I EXHIBIT" A" I LEGAL DESCRIPTION Begin ot the Southeast corner of Lot 47, Sirmons Heights First Addition. os recorded in Plot Book 26, Poge 59, of the Public Records of Pinellos County, Florida; thence run along the South line of soid Lot 47, N8911'25-W, 70.00 feet: thence run olong the West line of soid Lot 47. NOO"02'26-E, 11.00 feet; thence run S8911'25-E, 70.00 feet to 0 point on the East line of soid Lot 47; thence run along said East line Soo'02'26-W, 11.00 feet to the P.O.B. Coo.t.SJinin9.769.93 s.t. ... LOTUS PATH 47 589'1'25.[ . ~ 8~ ==1 1". ~8 l== z STEVENSON.S CREEK NOlE: This is not a SUMl~ I- W W ~ (/) Z W w a::: e" a::: ~ w Novo 6/6/95 90576LOT.dwg \ ..~,. ~r/~ ., "f' ~ I I PROJECT: PARCEL NO. : DATE: STEVENSONS CREEK 47 :]t.t.AJe ;A.'f ' 1997 CLOSING STATEMENT GRANTOR: ADDRESS: GRANTEE: William D. Walter & Brenda K. Walter, his wife 1100 South Evergreen Ave., Clearwater, Florida 34616-4244 City of Clearwater, Florida AGREEMENT DATE: January 29, 1997 INTEREST CONVEYED: Perpetual Easement ***************************************************************************** PURCHASE PRICE ADDITIONAL: MOVING PERSONAL PROPERTY TOTAL CASH COMPENSATION DEDUCTIONS: TAX PRORA'l'ION DOC. STAMPS $ 1,320.00 $ -0- $ -0- $ 1,320.00 $ -0- $ -0- NET CASH PAYMENT AT CLOSING WARRANTY WITHHELD, IF ANY CLOSING EXPENSES TO BE PAID BY GRANTEE: Documentary stamps on conveyance $ 9.80 Recording Fees $ 29.00 TOTAL $ 38.80 (*) $ $ 720.00 -0- ENCUMBRANCES CLEARED AT CLOSING: CONSENT TO EASEMENT GRANTED BY COUNTRYWIDE HOME LOANS, INC., MORTGAGEE PER O. R. 9360, PGS. 665-673, PUBLIC RECORDS OF PlNELLAS COUNTY, FLORIDA. (*)ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: UPON COMPLETION OF CONSTRUCTION, CITY NURSERY DIVISION TO INSTALL TREES AND SHRUBS AS PER EXHIBIT ~B" ATTACHED HERETO [ESTIMATED COST: $600.00]. I/WE, THE UNDERSIGNED, CERTIFY THAT THE FOREGOING REPRESENTS A TRUE AND ACCURATE CLOSING OF THE ABOVE NOTED TP.ANSACTION BETWEEN MYSELF/OURSELVES AND THE CITY OF CLEARWATER, FLORIDA, AND THAT AS OF THE. pATE FIRST AFORESAID, THERE ARE NO ENCUMBRANCES AGAINST THE PROPERTY DESCRIBED IN EXHIBIT ~A" ATTACHED HERETO, EITHER RECORDED OR UNRECORDED, EXCEPT THOSE AFOREMENTIONED. GRAN. T ~lO?R dJ ~:tL-CJ/~ William D. Walter ~;(~ , Brenda K. Walter City Engineer .' . ." E!'-,.. . ~;:"':'" EXIDBIT "A" I LEGAL DESCRIPTION Be9in ot the Southeast corner of Lot 47, Sirmons Hei9hts f'"nt Addition, os recorded in Plot Book 26, PQge 59, of the Public Records of PineDos County, norido; thence run 01009 the South line of soid Lot 47, N8911'25-W. 70.00 feet; thence run olon9 the West line of soid lot 47, NOO'02'26-E. 11.00 feet; thence run S8911'25-E, 70.00 feet to 0 point on the Eost line of said lot 47; thence run 01009 said East line SOO'02'26.W. 11.00 feet to the P.O.B. Coatpininej 769.93 Sot. . . LOruS PAlli 47 i~ STEVENSON'S CREEK NOlE: This is not 0 IUMI)t I- W W ~ Ul Z W w a= ~ a: ~ w Hovo G/61" 90576l0T.dwt \ .J . ...,:-.,:~. ..~ . I I Parcel No.: 47 Project: Stevenson Creek EXHIBIT "B" Installation Of Trees & Shrubs with Owner direction 1) Install two (2) 10'-12' Live Oak trees. 2) Install fourteen (14) #3 Nerium Oleander (pink). 3) Soil Amendments: A. One Half (%) cubic yard planting compost B. Three (3) cubit yards Cypress mulch C. Five (5) pounds fertilizer D. Four (4) tree stakes & materials Installation shall include all labor, site preparation, debris clearance and fine grading as needed. " I I City of Clearwater Interdepartment Correspondence Sheet TO: Janis Przywara, Senior Legal Staff Assistant Earl Barrett, Real Estate Services Manager ~ DATE: June 25, 1997 ReCEIVED IJUN 2 6 1997 CITY ATTORNEY d( -f~ FROM: SUBJECT: Stevenson Creek Easement - Parcel #47 (Walter) Attached are the following documents relative to the above referenced conveyance: 1) Executed Easement document (with DR 219 form attached). 2) Consent To Easement & Subordination oflnterest document. BOTH OF THE ABOVE DOCUMENTS ARE TO BE RECORDED FOLLOWING PRESENTATION TO AND ACCEPTANCE BY THE CITY COMMISSION. 3) Executed Closing Statement 4) Affidavit of No Liens signed by Mrs. Walter in Florida 5) Affidavit of No Liens signed by Mr. Walter in Virginia ITEMS 3. 4 AND 5 ARE NOT TO BE RECORDED. THEY ARE FOR CITY CLERK FILES ONLY. Please ask the City Attorney to present this easement to the City Commission for acceptance in its 7/17/97 meeting, and deliver original documents for recording to the City Clerk thereafter. Thanks again. Please tell John that this is the last of the Stevenson Creek easements. This project is now complete.