DORIS KUNTZ (2)
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PURCHASE AGREEMENT
Parcel No.: 73 & 74
Project : Stevenson Creek
THIS AGREEMENT is made between DORIS E, KUNTZ, a widow, hereinafter referred to as SELLER, and the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as PURCHASER or CITY,
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and
PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
(a) Real estate or interest therein, identified as: SIRMONS HEIGHTS 1ST ADDITION, Lot 73 & Lot 74
in the Public Records of Pinellas County, Florida, incorporated herein by reference.
[J Fee Simple
[Xl Permanent Easement Reference: Exhibit "A" attached to and a part hereof.
[J Temporary Construction Easement
(b) Personal property identified as follows: NONE
II. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER for real estate and personal property,
in cash at time of closing
$ 781.20
(b) Estimated value of additional non-cash consideration, said consideration being:
(As described in ADDENDA attached to and a Dart hereof)
(c) Estimated transaction costs to be paid by PURCHASER $ 75.00
TOTAL PURCHASE PRICE INCLUDING COSTS.................................. ............ ...... ..................... $ 1,606.20
$ 750.00
III. CONDITIONS AND UMITATIONS
(a) It is mutually understood that this Purchase Agreement is subject to approval and execution by the City
Manager of the City of Clearwater within twenty one (21) days following receipt by the City Engineering
DepartmenVAdministrative Division of duplicate originals of this Purchase Agreement executed by Seller. A fully
executed original shall be returned to Seller within ten (10) days of approval by the City Manager.
(b) Seller acknowledges being infonned that the City, or its consultant, will be obtaining lien subordination
agreements from Seller's mortgagee, if any; and should said mortgagee require that Seller provide a mortgage reduction
payment in an amount up to the cash consideration above described, the City check shall be payable jointly to Seller
and said mortgagee.
(c) Purchaser agrees, and Seller authorizes, restoration to the present or equal condition, any construction
impacts whatsoever to Seller's property up to five feet contiguous to the easement premises. The restoration shall be
accomplished at Purchaser's expense and shall be completed by Purchaser not later than completion of the
improvement project, and shall include replacement installation of Seller's wood fence immediately adjacent to and
abutting the top of gabion wall.
IV. CLOSING DATE. POSSESSION
Closing of this transaction shall occur, and Seller shall convey and deliver possession of a perpetual Drainage and
Utility Easement to the City, upon a date to be determined by the City which shall be on or before six (6) months
following the Acceptance Date as shown In paragraph VII, At closing the City shall deliver to Seller a City check in the
full amount to be paid to the Seller as expressed in paragraph lI(a) above, if any; and subject to provisions of paragraph
III. Prior to date of closing and possession as described herein, Seller shall remove any personal property from the
easement premises Seller wishes to retain that has not been purchased by the City as a condition of this contract, All
personal property remaining upon the easement premises at time of possession shall be deemed to have been
abandoned by Seller. Page 1 of 2
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V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall
control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must
be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and the Purchaser,
There [X] is [ ] is not an addendum to this agreement.
VI, INj1ylTjlE;SS WHEREOF, THE SELLER has caused these presents to be executed this ~ay of
~ ,1997.
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SELLER:
4.IUicJ ~. 8
Doris E. Kuntz
WITNESS
VII. ACCEPTANCE BY THE CITY OF CLEARWATER
IN WITNESS WHEREOF, the City of Clearwater has caused these presents to be accepted this 2.g~ day of
/l1.cif'cA . ,1997 ("Acceptance Date").
CITY OF CLEARWATER, FLORIDA
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By:
~t~~la. City Manager
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Page 2 of 2
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EXHIBIT" A ". Pal!e 1 of 2
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 73, Sirmons Heights First Addition, as recorded in
Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run
along the North line of said Lot 73, S8911'25"E, 70.00 feet; thence run along the
East line of said Lot 73, SOO"02'26"W, 6.00 feet; thence run N89"11 '25"E. 70.00 teet
to a point on the West line of said Lot 73; thence run along said West line NOO.02'26"E.
6.00 feet to the P.O.B.
Containing 419,96 s.t.
NW Cor Lot 73
P.O.B.
STEVENSON'S CREEK
NB9"'! 1'25"W 70,00'
73
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6/7/95
95076LOT.dwg
Revised
1/17/97
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EXH~BIT "~". ~a2e.2~! 2
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 74, Sirmons Heights First Addition, as recorded in
Plat Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run
along the North line of said Lot 74, S8911'25"E, 70,00 feet; thence run along the
East line of said Lot 74, SOO.02'26"W, 6.00 feet; thence run S89.11'25"W, 70.00 feet
to a point on the West line of said Lot 74; thence run along said West line NOO.02'26"E,
6.00 feet to the P.O.B,
Containing 419.96 s. f,
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NW Cor lot 74
P.O.B.
STEVENSON'S CREEK
N8911'25"W 70.00'
74
NOTE: This is not Q survey!
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6/7/95
95076l0T.dwg
Revised
1/17/97
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Parcel No.: 73 & 74
Project: Stevenson Creek
ADDENDA
To that certain Purchase Agreement dated /,1t::{rc.4. 22? , 1997 between Doris
E. Kuntz, a widow, and the City of Clearwater, Florida,
TO WIT:
In addition to payment of the cash consideration as described in Section II(a) of said
Purchase contract, the City agrees to provide the following additional services during the
construction phase of the gabion wall that will be constructed within the confines of the
easement granted:
1) Dig and set a shallow well, and connect same to the Seller's existing lawn pump,
2) Back fill from top of gabion wall to be constructed at minimum elevation of 22,5 feet
within easement grant across Lot 74, Back fill shall be to that point approximately 14
feet upland of the back of gabion at the westerly line of Lot 74, and having an
elevation equal to the height of gabion wall, then grade and slope evenly to the base of
an orchid tree standing approximately two feet behind the gabion wall at the easterly
lot line of Lot 74,
3) Construct gabion wall within the easement grant across Lot 73 at a maximum height
not to exceed 21.81 feet and allow creek bank to evenly slope to back of gabion wall,
Contractor shall either move the existing statue of Jesus during gabion construction,
and replace it where it presently stands following construction; or elsewhere at the
direction of Grantor.
4) As gabion construction dictates removal of the bamboo plants from the creek area
behind Lot 73, such bamboo shall be replanted by the contractor upland of the gabion
wall as directed by the Seller.
5) As gabion construction dictates removal of the banana trees from the creek area
behind Lot 74, such banana trees shall be replanted by the contractor upland of the
gabion wall as directed by Seller,
6) Install a standard galvanized gate in the chain link fence that will be constructed upon
the gabion wall, Installation shall at the rear of Lot 74 in the location of the present
fence opening,