DONZEL MORRISON
':'. ... -- Prepared by: City of Clearwater E.}ineering Dept.
Return to; Earl Barrett, City of Cle3rwater
P.Q, Box 4748
Clearwater, FL 34618
INST # 97-1]~S96
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PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1316
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar <$1.00> in hand paid to him,
the receipt of which is hereby acknowledged, and the benefits to be derived
therefrom,
Donzel L. Morrison, a single man
1334 Jeffords Street
Clearwater, Florida 34616
does 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 t~ be duly
executed by its property officers thereunto authorized this 31 day of
1'v1~ ' 1996, -
Signed, sealed and delivered
in the presence of:
~~~~
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Witn s Printed Signature
11 RECORDI~
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zel L. rrison
(f:row/common/COC/easement.78)
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PINELLAS COUNTY FLA.
l_~~F ..R~~u. B~~~ 8 5__~~H~_~~?
page 2 of that Easement between Donzel L. Morrison, a single man, and the CITY OF
CLEARWATER, FLORIDA, over, under and across a portion of Lot 78, SIRMONS HEIGHTS
FIRST ADDITION.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this, 3l ~ day of
MlUj 1996, by Donzel L. Morrison.
(SEAL>
if 4\\f.\~\ JENNIfeR L, CLAUSE
/If.: ~.: MY COMMISSION' CC 320487
, . EXPIRES: October 3, 1997
IIondlId ThIu NoIIIy PubUc IJrK/eIVmtIIs
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rin , T pe mp Name of Notary
personally known l
Or produced identification
Type of identification produced
(f:/row/co mmo n/COCleasement. 78)
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PINELLAS COUNTY FLA.
~OFF.REC.BK 9685 PG 1318
, '_n_
LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 78, Sirmons Heights First Addition, as recorded In
Plat Book 26, Page 59, of the Public Records of Pinelias County, Florida; thence run
along the North line of said Lot 78, 589.11 '25"E, 75,00 feet; thence run along the
East line of said Lot 78, SOO.02'26"W. 1 0.00 feet; thence run N86.54'04"W. 75,10 feet
to a point on the West line of said Lot 78; thence run along said West line NOO.02'26"E.
7,00 feet to the P.O.B.
Containing 637,43 s,f,
Cl
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NW Cor Lot 78
P,O.B,
NOTE: This is not 0 survey'
STEVENSON'S CREEK
75.10'
78
JEFFORDS ST
,EXHIBIT "A"
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INST # 97-115897
APR 25, 1997 1:55PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1319
Prepared by and return
Earl Barrett
Engineering Department
city of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618
to:
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 78, SIRMONS HEIGHTS FIRST ADDITION, as more
particularly described in EXHIBIT "A" attached hereto and made
a part hereof,
as evidenced by a mortgage dated January 24, 1994 in favor of BARNETT BANK OF
PINELLAS COUNTY, INC. a Florida Banking Corporation, as recorded among the
Official Records of Pinellas County, Florida in O. R. Book 8550; Pages 1075
through 1078, and assigned on even date to BARNETT MORTGAGE COMPANY, a Florida
Corporation, as recorded in 0, R, 8550, Page 1079, said Corporation now doing
business as HOMESIDE HOLDINGS, INC" pursuant to those certain Articles of
Amendment to Articles of Incorporation of BARNETT MORTGAGE COMPANY adopted May
20, 1996, does hereby consent to and joins in the granting of that certain
Drainage and Utility Easement to be given by DONZELL L. MORRISON, an unremarried
Divan, mortgagor, in accordance with provisions of that certain Purchase Agreement
between said mortgagor and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
t;, Corporation, dated January 27, 1997, and hereby further subordinates said
11;;- r,.., mortgage interest and all of the right, title, interest and claim thereunto
a .~ accruing in said premises to said easement grant, together with facilities
-----~scribed therein,
R:::C
F[:'.:.3
rv~T:=
PTG
IN WITNESS WHEREOF, the undersigned has caused these presents to be
10 day of March 1997,
PIC __ signed this
D~C ~) ~lgned, sealed and delivered
INT ~ tI,e presence of:
TOTAL r./"t
IS-U/ ) ~
0~ature
in
HOMESIDE HOLDINGS, INC~ F/K/A
BARNETT MORTGAGE COMPANY
By:
tf,.. L .~J
Print Name Dan L, Musselman
Print name Jeanette Cota
'-In,. ~ ~~
Wft.h~ure ~
Print name Marilyn Winningham
Title
Vice President
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1 PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1320
-"
ACKNOWLEDGMENT: Easement
Consent & Subordination
RE: Portion Lot 78, SIRMONS
HEIGHTS FIRST ADDITION,
Pinellas County, Florida
By
HOMESIDE HOLDINGS, INC,
Dated: March 10, 1997
STATE OF TEXAS
COUNTY OF Bexar
BEFORE ME, the undersigned, personally appeared Dan L. Musselman
as Vice President of HOMESIDE HOLDINGS, INC., who executed the
foregoing instrument on behalf of said corporation and acknowledged the execution
thereof to be h is free act and deed for the use and purposes herein set forth,
[ 1 Personally Known
[xl Produced Identification
Type of Identification Produced
Driver License
Y,., .
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PINELLAS COUNTY FLA.
lOFF.REC.BK 9685 PG 1321
LEGAL DESCRIPTION
Begin ot the Northwest corner of Lot 78, Sirmons Heights First Addition, os recor~ed in
Plot Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run
along the North line of said Lot 78, S89.1,'25"E, 75,00 feet; thence run along the
East line of said Lot 78, SOO.02'26"W, 10.00 feet; thence run N86.S4'04"W. 75.10 feet
to 0 point on the West line of said Lot 78; thence run along said West line NOO.02'26"E,
7.00 feet to the P.Q.B.
Containing 637.43 s,f.
~
~
NW Cor Lot 78
P.O,8.
STEVENSON'S CREEK
7510'
78
JEFFORDS ST
NOTE: This is not 0 survey!
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PURCHASE AGREEMENT
Parcel No.: 78
Project: Stevenson Creek
THIS AGREEMENT is made between Donzel L. Morrison. a single man , 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 First Addition. Lot 78
in the Public Records of Pinellas County, Florida, incorporated herein by reference,
[ ] Fee Simple
[X] Permanent Easement Reference: Exhibit "A" attached to and a part hereof,
[ ] 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
(b) Estimated value of additional non-cash consideration, said consideration being: N/A
(c)
Estimated transaction costs to be paid by PURCHASER
$ 595.00
$ 0,00
$ 50.00
TOTAL PURCHASE PRICE INCLUDING COSTS . , . . . . . . . . , . , . . , . , . . . . , . . . . . . . . , , , . . , , ,$ 645.00
III, CONDITIONS AND LIMITATIONS
(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
Department/Administrative 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 informed 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 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.
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 [ ] is [X] is not an addendum to this agreement.
VI. IN VI!/fNESS ~EOF. THE SELLER has caused these presents to be executed this ~ day of
~O"UV\~ ,199~.
SELLER:
~~.
WITN S
~4.~(Q;, · ~.-?---,
I NESS
~tiiJt/rJA~
Donzel L. Mar' on
VII. ACCEPTANCE BY THE CITY OF CLEARWATER
IN CR" TN0~~ 'f{Hfi~EJF, the City of Clearwater has caused these presents to be accepted this d 7day of
~' 1997 ("Acceptance Date").
CITY OF CLEARWATER, FLORIDA
By #M~
Elizabet . Dep a, City Manager
Page 2 of 2
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 78, Sirmons Heights First Addition. as recorded in
Plat Book 26, Page 59. of the Public Records of Pinellas County, Florida; thence r'un
along the North line of said Lot 78, S89.11 '25"E, 75,00 feet; thence run along the
East line of said Lot 78. SOO'02'26"W, 1 0.00 feet: thence run N86'54'04"W, 75,10 feet
to a point on the West line of said Lot 78; thence run along said West line NOO'02'26"E,
7,00 feet to the P,O,B,
Containing 637,43 s.f,
lil
.
';.
NW Cor Lot 78
P,O.B,
STEVENSON'S CREEK
75.10'
78
NOTE: This is not a survey!
JEFFORDS ST
EXHIBIT II A"
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PROJECT: STEVENSONS CREEK
PARCEL NO. : 78
DATE: lttJA4.. 26 , 1997
CLOSING STATEMENT
GRANTOR:
ADDRESS:
GRANTEE:
Donzel L. Morrison, a single man
1334 Jeffords street, Clearwater, Florida 34616-4248
City of Clearwater, Florida
AGREEMENT DATE:
January 27, 1997
INTEREST CONVEYED: Perpetual Easement
*****************************************************************************
PURCHASE PRICE $ 595.00
ADDITIONAL:
MOVING $ -0-
PERSONAL PROPERTY $ -0-
TOTAL CASH COMPENSATION $ 595.00
DEDUCTIONS:
TAX PRORATION $ -0-
DOC. STAMPS $ -O-
NE T COMPENSATION AT CLOSING
WARRANTY WITHHELD, IF ANY
$
$
595.00
-0-
CLOSING EXPENSES TO BE PAID BY GRANTEE:
Documentary stamps on conveyance $ 4.20
Recording Fees $ 29.00
TOTAL $ 33.20
ENCUMBRANCES CLEARED AT CLOSING: CONSENT TO EASEMENT GRANTED BY HOMESIDE
LENDING, INC., MORTGAGEE PER MORTGAGE RECORDED IN O. R. 8550, PGS. 1075-1078,
PlNELLAS COUNTY, FLORIDA.
ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: NONE
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.
GRANTOR
~rdJ~~
onzel L orrison
, City Engineer
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 78, 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 78, S89.11'25"E, 75,00 feet; thence run along the
East line of said Lot 78, SOO.02'26"W, 10.00 feet; thence run N86.54'04"W, 75,10 feet
to 0 point on the West line of said Lot 78; thence run along said West line NOO'02'26"E,
7.00 feet to the P.O.B.
Containing 637.43 5, f.
~
NW Cor lot 78
P.Q,S,
STEVENSON'S CREEK
78
JEFFORDS ST
NOTE: This is not 0 survey!
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Prepared by: City of Clearwater Engineering Dept.
Return to: Earl Barrett, City of Clearwater
P. O. Box 4748
ClealWater,FL 34618
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Donzel L. Morrison, a single man,
who, being first duly sworn, deposes and says:
( 1 ) That he is the owner of legal and equitable tide to the fOllowing described property in Pinellas
County, Florida, to-wit:
(see Exhibit II A" - legal description
attached hereto and made a part hereof)
(2) That said property is now in the possession of the record owner.
(3) That there has been no labor perfonned or materials furnished on said property for which
there are unpaid bills for labor 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 in favor of Barnett Bank of Pinellas County, dated
January 24, 1994, as recorded in Official Records Book 8550, Pages
1075 - 1078, of the Public Records of Pinellas County, Florida.
(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.
(f:rowl common/COClaffldavl, 78)
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(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.
~~
nzel l. Morrison
(J~~ L.Ua..U~L
0;, i, rinted Signature
J~
~
Wll~~~te~I~~~
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Sworn to and subscribed before me this ~day of
V\tUj
, 1996.
(SEAL)
JENNIFER L. CLAUSE
MY COMMISSION , cc 820487
EXPIRES: 0cIDber 3, 1997
IIandId 11Iu NaIIIy NlIIc ~
~~.
P t, r Stamp Name of Notary
Personally known L or produced identification _
Type of I dentificadon Produced
f:row/common/COC/aftidavl, 78)
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LEGAL DESCRIPTION
Begin at the Northwest corner of Lot 78, 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 78, S89.11 '25"E, 75,00 feet; thence run along the
East line of said Lot 78, SOO.02'26"W, 10.00 feet; thence run N86.54'04"W, 75,10 feet
to a point on the West line of said Lot 78; thence run along said West line NOO.02'26"E,
7.00 feet to the P.O,B.
Containing 637,43 s, f.
l'l
.
~
NW Cor Lot 78
P.O.S,
STEVENSON'S CREEK
75.10'
78
JEFFORDS ST
NOTE: This is not a survey!
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