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MELISSA JOSEPH PUSHINSKY SR AND ANTOINETTE PUSHINSKY INST # 97-142982 1 MAY 21, 1997 11:42AM . ' ''l - Prepared by & Return to: Earl Barrett, Engineering Dept. City of ClealWater p, 0, Box 4748 ClealWater, FL 34618 EASEMENT PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2225 FOR AND IN CONSIDERATION of the sum of One Thousand and Ten Dollars ($1,010.00> in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Melissa pushinskY and Joseph pushinsky, sr., and Antoinette pushinskY, his wife, as joint tenants, with full rights of survivorship, and not as tenants in common 1329 Lotus path clearwater, Florida 34616 do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the county of Pinellas, state of Florida, to wit: (See Exhibit "A" . legal description attached hereto and made a part hereof) 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 construct, install and maintain thereon any drainage and utility facilities and to inspect and alter such drainage and utility facilities from time to time. IN WITNESS WHEREOF, the party hereto has caused these presents to be duly executed >.~s property officers thereunto authorized this i.Qlh day of '- ().)'1 ~ ' 1996. signed, sealed and delivered ~~~ t::.. ~ ,( JC.. c;oss~ witness a.,~_~~ Antoinette pushinsky , Documentary TAX Pd, $ 7.70 s-___----- Inli1fll.lible Tax Pd, Kmleen F, De[.l"k3(, C erk, Pinellas County t=:--~l< '"1<. Go SSEl 1 Witness' printed signature ~ AiD~ ~ss 11 RECORDING ACCT L. (I () O~O ~?CDE~ '1':, /_.2" 0 f) Dti219, ~.::L" DS -I- )L INT '-- PI,'" .'\.,t C[~n FT:-~:::;~:'--------- i\.',; La vi.! A L..E~~ '1 witness' printed Signature Tf ~ Ai.~~ Wit ess , ":JJ, iT1' 'P~ Lov"J A L..f..h,S '1 Witness' printed Signature BV ~ ~ 0 ~G- ~~ Melissa pushinsky 0eputi Cler..l J/-l ~o/'r--( - 20 c ----. ..~ !,. ~- STATE OF FLORIDA COUNTY OF PINELLAS I 1 PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2226 The foregoing S\'1~L1~ (SEAL> instrument was acknowledged before me this \~\-\v day of 1996, by Melissa pushinskv ~~. ~~~-~-eF~ print, Type or Stamp Name of Notary LINDA A. LEE NOTARY PUBLIC, STATE OF FLORIDA My Commission expires 30,1_ Comml88lon I CO STATE OF FLORIDA COUNTY OF PINELLAS personally known ~ Or produced identification Type of identification produced ) ) acknowledged before me this ~ day of Joseoh pushinskv. Sr, ~~r-~ e~- print, Type or stamp Name of Notary personally known ~ Or produced identification Type of identification produced The foregoing instrument was \ \.\ h ~LL~ 1996, by DA A. LEE NOTARY PUBLIC, STATE OF FLORIDA My Commission ExpIres .. 30 1_ CommI8lion # CC 402tI2 I STATE OF FLORIDA COUNTY OF PINELLAS acknowledged before me this ~ day of Antoinette pushinskv ~~~~ ,~_'8~ ~ print, Type or stamp Name of Notary personally known ~' Or produced identification Type of identification produced The foregoing instrument was ~"~,~ 1996, by ,~r- ^ I \ LINDA A. LEE NOTARY PUBLIC, STATE Of FLORIDA My Commission ExpIres Sept. 30, 1988 Comml88lon # CC <<t2t82 If:/row/common/coc/easement.481 r..... '. ',-.-.~.. ",'.~ " '\: . "t / , I ' ~ PINELLAS COUNTY FLA ___~F.REC.BK 9713 PG . ___ 2227 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 48, Sirmons Heights First Addition, os recorded In Plat Book 26, poge 59, of the Public Records of Pinellas County, Florida; thence run along the South line of soid Lot 48, N89'11 '25"W, 37,19 feet; thence continue along said South line and the arc of a curve to the right, radius 270.00 feet. chord bearing N84'24'02"W, chord length 45,09 feet, 45,14 feet; thence run N10'23'22"E, 13.50 feet along the West line of said Lot 48; thence run S84 '50'16"E, 79.94 feet. to 0 point on the East line of said Lot 48; thence run along said East line SOO'02'26"W, 11.00 feet to the P.O:B. Containing 1087,17 s.t. LOTU SPA TH I1l . '- 48 ~ (0- NO - 0 N ' 0- 0- o V1 z R == 27000' Chord =: 45 '09' Arc =: 45.14' . N84'24'02"W STEVENSON'S CREEK SE Cor Lot 48 P.Q,S, EXHIBIT "A" NOTE: This is not a survey' \ . , Novo 6/6/95 90576LOT.dwg #'E . l, I , PROJECT: PARCEL NO. : DATE: STEVENSONS CREEK 48 ~'L IY, 1997 CLOSING STATEMENT GRANTOR: Melissa Pushinsky, Joseph pushinsky, Sr, & Antoinette Pushinsky, his wife ADDRESS: 1329 Lotus Path, Clearwater, Florida 34616-4249 GRANTEE: City of Clearwater, Florida AGREEMENT DATE: January 27, 1997 INTEREST CONVEYED: Perpetual Easement ***************************************************************************** PURCHASE PRICE ADDITIONAL: MOVING PERSONAL PROPERTY TOTAL CASH COMPENSATION DEDUCTIONS: TAX PRORATION DOC. STAMPS $ 1,010.00 $ -0- $ -0- $ 1,010.00 $ -0- $ -0- NET CASH PAYMENT AT CLOSING WARRANTY WITHHELD, IF ANY $ 1,010.00 $ -0- CLOSING EXPENSES TO BE PAID BY GRANTEE: Documentary stamps on conveyance $ 7.70 Recording Fees $ 43.50 TOTAL $ 51.20 ENCUMBRANCES CLEARED AT CLOSING: A. CONSENT TO EASEMENT GRANTED BY ATLANTIC MORTGAGE & INVESTMENT CORP., CURRENT SUCCESSOR MORTGAGEE TO BOMAR MORTGAGE ACCEPTANCE CORPORATION, PER MORTGAGE RECORDED IN O. R. 8324, PGS. 1891 - 1894, PUBLIC RECORDS OF PlNELLAS COUNTY, FLORIDA. NOTE: SALE PROCEEDS TO BE APPLIED DIRECTLY BY MORTGAGEE TO REDUCE PRINCIPAL LOAN BALANCE. B. CONSENT TO EASEMENT GRANTED BY MONOGRAM HOME EQUITY CORPORATION, MORTGAGE PER MORTGAGE RECORDED IN O. R. 9442, PAGES 1273 - 1279, PUBLIC RECORDS OF PlNELLAS COUNTY, FLORIDA. ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: NONE PAGE 1 OF 2 ! iI ..,.. I , I/WE, THE UNDERSIGNED, CERTIFY THAT THE FOREGOING REPRESENTS A TRUE AND ACCURATE CLOSING OF THE ABOVE NOTED TRANSACTION BETWEEN MYSELF/OURSELVES AND THE CITY OF CLEARWATER, FLORIDA, .AND THAT AS OF THE DATE FIRST AFORESAID, THERE .ARE NO ENCUMBRANCES AGAINST THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, EITHER RECORDED OR UNRECORDED, EXCEPT THOSE AFOREMENTIONED. ~~. By: PAGE 2 OF 2 .... I ---- , LEGAL DESCRIPTION Begin at the Southeast corner of Lot 48, Sirmons Heights F'irst Addition, os recorde<;l in Plot Book 26, Page 59, of the Public Records of Pinellas County, F'lorida; thence run along the South line of said Lot 48, N89'11'25"W, 37.19 feet; thence continue along' said South line and the arc of 0 curve to the right, radius 270.00 feet. chord bearing N84'24'02"W, chord length, 45.09 feet. 45.14 feet: thence run N10'23'22"E, 13.50 feet along the w~st line of said, Lot 48; thence run S84.50'16"E, 79.94 feet. to 0 point on the East line of said Lot 48: thence, run along said East line SOO'02'26"W, 11.00 feet to the P.O;8. ... Contoining 1087.17 s.t. L 0 TU SPA TH 48 ,lu f\I f\I" " 0 "')It) f'I..; 0- ~ R .. 270.00' Chord .. 45.09' ~ . 10- NO . 0 N . p= 8 II) Arc.. 45.14' N84'24'02"W STEVENSON'S CREEK , . , SE Cor Lot 48 P.O.8. ~ NOTE: This is not 0 survey! Novo 6/6/95 90576LOT.dwg ,. #'! ",-! I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared MELISSA PUSHINSKY, together with JOSEPH PUSHINSKY, SR. and ANTOINETTE PUSHINSKY, his wife, all as joint tenants with full rights of survivorship, whom, being first duly sworn, do 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: That portion of Lot 48, 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: tJ!~~~ a. That certain mortgage dated June 14, 1993 given to Bomar Mortgage Acceptance Corporation, a Texas corporation, as recorded in Official Records Book 8324, Pages 1891 - 1894 of the Public Records of Pine lIas County, Florida, said mortgage being subsequently assigned to SCG Mortgage Corporation on June 23, 1993 as recorded in Official Records Book 8324, Page 1895 of the Public Records of Pine lIas County, Florida, said mortgage now being owned and held by Banh TTnited, a Feaeftll ~a':4Rgs jCJTUWl1C: ~?']e ..Bank, organized and existing under the laws of the U~6Q ~~t8S 8f :\'l1'lenea.. sr.,~ Q i= ~t.otr.1r>t1... b. That certain mortgage dated July 22, 1996 given to Monogram Home Equity Corporation, a Delaware corporation, securing a home equity loan, as recorded in Official Records Book 9442, Pages 1273 - 1279 ofthe Public Records of Pine lIas County, Florida, jp SR A,P - -1!t-- 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. ., 1 . I Page 2 - Affidavit of No Liens RE: Drainage & Utility Easement given by Melissa Pushinsky, Joseph Pushinsky, Sr. & Antoinett~ushinsky, his WI. 'fe, on #&ut../L- /'1 ,1997 / , 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. 'C:2~ __ n.. ar (ijJJ1~ ~~ ~11'i&SS ~turell""'\ \ Melissa Pu hinsky ~ \ h :.A, ''""'', "" e::..E- ~TNESSP;~ ~gnature ~ CALf to. ~ ~ITNESSPrinredNmne 4p~'L , Sworn to and subscribed to before me this /'I~ day of No~.PUbliC - State of Florida ~ a/,~e Print/Type Nmne ,1997, My '~~~III1"'II"'III1"'III1I1"'~I( : ' i~""Y Pile;.. Earl W. Barrett ( . : : Notary Public, State of Florida ~ : ' ~~ If Commission No. CC 537063 ( : : OF ~\) My Commission Expires OS/26/00 ~ ,), 1.aoo..3-NOTARY. FIa. NoleryServic.&BOIIdin Co ~ . ...'l')')')')'l')'l')')..;.)'l')')')')')..N).....................,..,'l'l')')...,..,......,')......'l'l'l')~')').:,'i ~ t. , , LEGAL DESCRIPTION Begin ot the Southeast corner of Lot 48. Sirmons Heights First Addition, as recorded In Plat Book 26. Poge 59, of the Public Records of Pinellas County. Florida; thence run olong the South line of said Lot 48, N89'11 '25"W. 37,19 feet; thence continue olong said South line and the arc of a curve to the right, radius 270.00 feet. chord bearing N84'24'02"W, chord length 45,09 feet, 45.14 feet; thence run N10'23'22"E, 13.50 feet olong the West line of soid Lot 48; thence run S84'50'16"E. 79.94 feet. ta 0 point on the East line of said Lot 48; thence run along said East line SOO.02'26"W, 11.00 feet to the P.O~B. ~ Containing 1087,17 s.t. LOTU SPA TH 48 :UJ N N" " 0 I") v-, !'It-) 0- 3= lD - NO " 0 N ' 0- 0- o l/J z R == 270 DO' Chord == 45 '09' Arc == 45,14' . N84'24'02"W STEVENSON'S CREEK SE Cor Lot 48 P.O,8, EXHIBIT" A" NOTE: This is not a survey! 1 ~ , Novo 6/6/95 90576LOT,dwg 1 INST # 97-142983 MAY 21, 1997 11:42AM.1 PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2228 , .' '4' Prepared by and return to: Earl Barrett Engineering Department city of Clearwater p, O. Box 4748 Clearwater, Fl. 34618 11 RECORDING ACe T (...J)..QQ.:::Z:O r. ;......,f",. r,~ \..I~W_ CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST (AMICi 536030) F; L: (~ LS..::..JLo... DR"19 OS'" :=-ro.:lowing INT PIC C ERT __.__--. THE UNDERSIGNED, described premises: owner of a lien on or secured interest in the .__~~a._"__ A portion of Lot 48, SIRMONS HEIGHTS FIRST ADDITION, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof, --~evidenced by a mortgage or other security instrument dated June 14, 1993 in F.Ef.S__'--nrvor of BOMAR MORTGAGE ACCEPTANCE CORPORATION, organized and existing under the MTF l:aHS of the State of Texas, as recorded among the Official Records of Pinellas _____- ~~QQynty, Florida in 0, R. Book 8324, Pages 1891 through 1894, said instrument now TOT'l ~ bei1?g owned and held by ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a corporation /S 0 d--"'o'rgimized and existing under the laws of the State of Florida, which does hereby ~ consent to and join in the granting of that certain Drainage and Utility Easement ~l~ to be given by JOSEPH PUSHINSKY and ANTOINETTE PUSHINSKY, his wife, and MELISSA . . PUSHINSKY, their granddaughter, mortgagor, in accordance with provisions of that certain Purchase Agreement between said mortgagor and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, dated January 27, 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. IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this l- day of A~ril ' 1997. Signed, sealed and delivered in the presence of: ~~ Witness S1gnature ATLANTIC MORTGAGE & By: Abercrombie sistant Vice President Print name Sharon Econorn wt!&.:t/Jpwill Print name Kathy Howell .~..,., .1:"' 1 I PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2229 ACI<NOWLEDGMENT: Easement Consent & Subordination FROM: Atlantic Mortgage & Investment Corporation RE: Portion Lot 48, SIRMONS HEIGHTS FIRST ADDITION, Pinellas County, Florida (Pushinsky, Grantee) STATE OF FLORIDA COUNTY OF DUVAL BEFORE ME, the undersigned, personally appeared Lucy Abercrombie as Assistant Vice President of ATLANTIC MORTGAGE & INVESTMENT CORPORATION, who executed the foregoing instrument on behalf of said corporation and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. LISA LYLES MY COMMISSION II CC 539013 expiRES: March 12, 2000 8antlllll Thru Nowy Publ10 UnderwrllBrs Notar Print IX] Personally Known [ ] Produced Identification Type of Identification Produced \;..' ;o:.tir \ .! . .....t I PINELLAS COUNTY FLA OFF.REC.BK 9713 PG 2230 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 48, Sirmons Heights First Addition, as recorde<;l in Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence ru~ along the South line of said Lot 48, N89'11'25"W, 37.19 feet; thence continue along said South line and the arc of 0 curve to the right, radius 270.00 feet. chord bearing N84'24'02"W, chord length, 45.09 feet, 45.14 feet; thence run N10.23'22"E, 13.50 feet along the Wc::st line of said,Lot 48; thence run S84.50'16"E. 79.94 feet. to 0 point on the East line of said Lot 48; thence, run along said East line SOO.02'26"W, 11.00 feet to the P.O:8. Containing 1087.17 s.t. LOTUS PATH ~ . ~ 48 .w r.., r..," " 0 ,.,'" !'fro; 0- - ~ R .. 270.00' Chord = 45.09' ~ . co- NO " 0 N . 0- 0- o III STEVENSON'S CREEK SE Cor Lot 48 P.O,8. EXHIBIT II A" NOTE: This is not 0 survey! , . , Novo 6/6/95 90576LOT.dwg , ._ I.- __ L~~~ ,,~ I INST # 97-142984 MAY 21, 1997 11:42AM I PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2231 ,Of 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 48, SIRMONS HEIGHTS FIRST ADDITION, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof, as evidenced by a mortgage or other security instrument dated JULY 22, 1996 in favor of MONOGRAM HOME EQUITY CORPORATION, organized and existing under the laws of the State of Delaware, as recorded among the Official Records of Pinellas County, Florida in O. R. Book 9442, Pages 1273 through 1279, does hereby consent to and joins in the granting of that certain Drainage and Utility Easement to be given by JOSEPH PUSHINSKY and ANTOINETTE PUSHINSKY, his wife, and MELISSA PUSHINSKY, their granddaughter, mortgagor, in accordance with provisions of that certain Purchase Agreement between said mortgagor and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, dated January 27, 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 1 < r.' '-: ," 00- R...." WJ., 'th facili ties des cribed therein. I ,',_'--' L'''\'U '~'(:,~~-'i!.O I Q IN WITNESS WHEREOF, the undersigned has caused these presents to be '0 ')(~~igned this day of , 1997. f;;:CIO_S.o. - - C: i-:::: 19 . -Signed, sealed and delivered in CORPORATION '------the presence of: ~ -" ..----. .". By: If\1 f ~~-~-.---, I::';/C: CFF-\Y -... --_.~.. c: F: ~~ r~ Print -."~.- -,...---...... vI"TF '-. -, V~. --.Witness Signature "("," 'V rI-- ",' oJf:;~::~ UTAH COUNTY OF Sa \{ La U../ BEFORE ME, the undersigned, personally appeared St:.-Oi-t L-. f\Ot~1 \ -toYI as ()~'{l\\iO'f\. S lY\C\.V\o.~'\./' of MONOGRAM HOME EQUITY CORPORATION, who execut d the foregoing strument on behalf of said institution and acknowledged the execution thereof to be h is free act and deed for the use and purposes herein set forth. Title ~ TY\e[~~ Notary Public - State 0 Uta Print name S\\e.V'\ 'I'Y\ eC~xzlt\ I (seal) [ ] Personally Known [ ] Produced Identification Type of Identification Produced ~ 1". . . .... ;. ~ _..!"'~.~ I PINELLAS COUNTY FLA. OFF.REC.BK 9713 PG 2232 LEGAL DESCRIPTION Begin at the Southeast corner of lot 48, Sirmons Heights rirst Addition, os recordeg in Plot Book 26, Page 59, of the Public Records of Pinellos Coun tYI Florida; thence run along the South line of said Lot 48, N89" "25"W, 37.19 feet; thence. continue along' said South line and the ore of 0 curve to the right, radius 270.00 feet, chord bearing N84'24'02"W, chord length, 45.09 feet. 45.' 4 feet; thence run N10.Z3'Z2"E, 13.50 feet along the Wc:st line of said, Lot 48; thence run S84 '50'16"E. 79.94 feet. to 0 point on the East line of said Lot 48; thence, run olong said East line SOC'02'26"W. 11.00 feet to the P.O:8. ~ Containing 1087.17 s.f. LOTUS PATH .I 48 ,Iu "'. .'" 0 ..,It) f'tIl"j ~- ~ R · 270.00' Chord. .S.09' ~ . ID. NO . 0 N' p: 8 en Arc. 45.1.' N84"24'02"W STEVENSON'S CREEK SE Cor Lot 48 P.O.B. ~ NOTE: This is not 0 survey! .' , Novo 6/6/95 90576LOT.dwg