Loading...
JANICE FURST .' , . ) INST # 97-115901 APR 25, 1997 l:55PM }, PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG 1331 Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 11 RJECORDINCJ N:~CT DOa.7CJ ROC f-t.- CO FE:L:S ________ ~'cTF PIG k PIC DOC S'{ bO INT TOTAL EASEMENT in -qO.c.oa;: the FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash hand paid to her, the receipt of which is hereby acknowledged, benefits to be derived therefrom, JANICE A. FURST, an unremarried woman 1349 Lotus Path Clearwater, Florida 34616-4296 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 a part hereof) This easement is for drainage installation and maintenance purposes. 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 facilities and to inspect and alter such drainage facilities from time to time. Grantee's right to construct any drainage facilities, specifically; a gabion wall, within the easement premises shall be subj ect to the following limitations: The exposed top of gabion wall shall extend no further into the easement premises than five (5) feet at the eastern boundary of Grantor's property, zero (0) feet at the western boundary. The below ground footer at the base of the gabion wall may, however, extend up to two (2) additional feet into the easement premises. Grantee shall replace Grantor's wood fence immediately adjacent to and abutting the top of gabion wall immediately upon completion of construction. . ~:''': :-1 _...._~~,hQ.." I. :\. mDlL :".." /)( --(J 17 ,) 0 (1) ... 1 PINELLAS COUNTY FLA. l?FF ._~~.:._~~m~~~~ _~~ 1~:~__ IN, WITNESS WHEREOF, the Grantor has set her hand and seal this ':<~.l!!:- day of ~ , 1997. WI STATE OF FLORIDA COUNTY OF PINELLAS instrument was acknowledged before me this ~V~ 1997, by Janice A. Furst, an unremarried ",Wlmmmmlllmlm"mllll.,'1II11I11"lIIml~ '!' ~.."v Pi/#. Earl W. Barrett. ( . ,~~ NotarY Public, State of Flonda ~ '. · 'a....~ Commission No. CC 537063 :~ "'1:- OF f',..:f My Commission Expires OS/26/00 ~ ,~ 1.800.3.NOTAllY. F1L Notary S<rne, j;1l0D<lin~ Co. ~ \""":~"'))'N"';"'>"''>';''')')'>,),)'''''''''':'' " ~,' .~,.,....')")')..,..,'i . ~~ '.. - 1 EXHIBIT "A" PINELLAS COUNTY FLA. I OFF.REC.BK 9685 PG l333 LEGAL DESCRIPTION Begin at the Southeast corner of Lot 45, 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 45, N89011'25-W, 70.00 feet; thence run along the West line of said Lot 45, NOO.02'26-E, 2.00 feet; thence run N86.43'15-E, 70.11 feet to a point on the East line of sold Lot 45; thence run along sold East line SOO.02'26-W, 7.00 feet to the P.O.B. Con taln ing 314.98 s. f. i . " w . co N" . 0 NO PCIi o o z LOTUS PATH 45 ~ . - 100 NO 'N"': P ~ STEVENSON'S CREEK NOTE: This Is not a surve)'l Novo 6/6/95 REVISED 01/10/97 95076LOT.dwg I INST # 97-115902 APR 25, 1997 1: 55~_'.__ ~ PINELLAS COUNTY FLA. OFF.REC.BK 9685 PG l334 Prepared by and return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618 :,~ CTR Ll'-~Si 7 0 f,EC l.$~M CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST FEES :". -,.,.. ---,. -.,~ THE UNDERSIGNED, owner of a lien on or secured interest in the -,--.---following described premises: PTti FiC ____ DOC ~_ lNT ~ TOTAL /y. 00 ~ as evidenced by a mortgage dated August 6, 1993 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 8372, Pages 1603 through 1607, and assigned on even date to BARNETT MORTGAGE COMPANY, a Florida Corporation, as recorded in O. R. 8372, Page 1608, 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 JANICE A. FURST, an unremarried woman, 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. A portion of Lot 45, SIRMONS HEIGHTS FIRST ADDITION, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof, IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this 12 day of March , 1997. Signed, sealed and delivered in the presence of: HOMESIDE HOLDINGS, INC., F/K/A BARNETT MORTGAGE COMPANY Witn~~ By: ~, L .1I~ Print Name Dan L. Musselman p,rint name Jeanette c, ot~ 4 '-In . ~~ Title ~it/n~r-;;" ~,..,~ Vice President Print name Marilyn Winningham .. !.. .. I 1" PINELLAS COUNTY FLA. bFF. REC. BK 9685 PG 1_~3~_, ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion Lot 45, SIRMONS HEIGHTS FIRST ADDITION, Pinellas County, Florida By HOMESIDE HOLDINGS, INC. Dated: 3-12-97 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 his free act and deed for the use and purposes herein set forth. RHENEA M. IVOR.Y Notary Public, State of Texas My Comm, Exp. 05/18/98 [ 1 Personally Known [xl Produced Identification Type of Identification Produced Driver Licenses '- " . PINELLAS COUNTY FLA. fF~.~~C.BK 9685 PG 1336 I EXHIBIT" A" . . .. LEGAL DESCRIPTION Begin at the Southeast corner of Lot 45. Sirmons Heights first Addition. os recorded in Plot Book 26. Page 59. of the Public Records of Pinellas County. Florida; thence run olong the South line of said Lot 45. N89'11'25.W, 70.00 feet; thence run olong the West line of said Lot 45. NOO"02'26-E. 2.00 feet; thence run N86'43'1S-E. 70.11 feet to 0 point on the East line of said Lot 45; thence run along sold East line SOO'02'26.W. 7.00 feet to the P.O.B. Containing 314.98 s. f. LOTUS PA TH 45 &AI . 10 l"ro 'No PN 8 z ~ . . 100 ~o 'N"': P ~ STEVENSON'S CREEK NOTE: Thl. I. not 0 BUrve)'l Novo 6/6/95 REVISED 01/10/91 95016l0T.dwg *' I I PURCHASE AGREEMENT Parcel No.: 45 Project : Stevenson Creek THIS AGREEMENT is made between JANICE A. FURST, an unremarried woman, 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 1 ST ADDITION, Lot 45 & Riparian riahts, in the Public Records of Pine lias County, Florida, incorporated herein by reference. [] Fee Simple [X] Permanent Easement Reference: Exhibit "An 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 $ 293.00 (b) Estimated value of additional non-cash consideration, said consideration being: (Removal of laroe tree stump in southwest corner of orantor's property, and remainder of "topped" palm tree adiacent to deck near the eastern property boundary) $ 475.00 (c) Estimated transaction costs to be paid by PURCHASER $ 75.00 TOTAL PURCHASE PRICE INCLUDING COSTS..,......................... ... ...... ... .......................,......... $ 843.00 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 DepartmenUAdministrative 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) The 314.98 square foot easement being granted hereby as described and depicted in EXHIBIT "A" attached hereto represents a modification and reduction of the initially proposed easement grant of 402.47 square feet. It is specifically agreed that the exposed top of gabion wall shall extend no further into the easement grant than five (5) feet at the eastern boundary of Grantor's property, not more than zero (0) feet at the western boundary. The gabion wall footer required for construction, however, may extend up to two (2) additional feet into the easement premises at the wall base. (c) 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. (d) 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. Page 1 of 2 I I 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. 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 ~NESS WHEREOF, THE SELLER has caused these presents to be executed this/~day of ~". ,1997. LER: JANIC ./ UR ~, WI VII. ACCEPTANCE BY THE CITY OF CLEARWATER 1~'J1S W~~he City of Clearwater has caused these presents to be accepted this M day of ...u " 1997("Acceptance Date"). CITY OF CLEARWATER, FLORIDA By: 9f;:"~ Elizabeth ty'Deptu ,City Manager Page 2 of 2 ~ I EXHIBIT "A" I LEGAL DESCRIPTION Begin at the Southeast corner of Lot 45, 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 45, N89"11'25"W, 70.00 feet; thence run along the West line of said Lot 45, NOO"02'26"E, 2.00 feet; thence run N86"43'15"E, 70.11 feet to a point on the East line of said Lot 45; thence run along said East line SOO"02'26"W, 7.00 feet to the P.O.B. Con tain ing 314.98 s. f. i . L NOTE: This Is not a survey! LOTUS PA TH 45 I.LI . ce N- _ 0 NO PN o o z STEVENSON'S CREEK ~ . - ceO NO N~ P 8 en SE Cor lot 45 P.O.B. Novo 6/6/95 REVISED 01/10/97 95076l0T.dwg .. ...... ~.,~' I I PROJECT: PARCEL NO. : DATE: STEVENSONS CREEK 45 ~ ,)..tf , 1997 CLOSING STATEMENT GRANTOR: ADDRESS: GRANTEE: Janice A. Furst, an unremarried woman 1349 Lotus Path, Clearwater, Florida 34616-4296 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 $ $ $ -0- -0- 768.00 $ 293.00 $ $ -0- -0- NET COMPENSATION AT CLOSING WARRANTY WITHHELD, IF ANY (*) $ $ 293.00 -0- CLOSING EXPENSES TO BE P~D BY GRANTEE: Documentary stamps on conveyance $ 5.60 Recording Fees $ 25.00 TOTAL $ 30.60 ENCUMBRANCES CLEARED AT CLOSING: CONSENT TO EASEMENT GRANTED BY HOMESIDE LENDING, INC., MORTGAGEE PER O. R. 8372, PGS. 1603-1607, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (*)ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: DURING CONSTRUCTION, CONTRACTOR TO REMOVE LARGE TREE STUMP IN SOUTHWEST CORNER OF GRANTOR'S PROPERTY, ALONG WITH REMAINDER OF "TOPPED" PAIM TREE ADJACENT TO DECK NEAR THE EASTERN PROPERTY BOUNDARY. (ESTIMATED COST: $475.00 PER CONTRACT) 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. CI :ATER, GRANTEE / By: Ric City Engineer I EXHIBIT "A" I LEGAL DESCRIPTION Begin at the Southeast corner of Lot 45, 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 45, N89.11'25"W, 70.00 feet; thence run along the West line of said Lot 45, NOO.02'26"E. 2.00 feet; thence run N86.43'15"E, 70.11 feet to a point on the East line of said Lot 45; thence run along said East line SOO.02'26"W, 7.00 feet to the P.O.B. Containing 314.98 s. f. . . .. LOTUS PATH 45 1LI . co N" " 0 NO pc-.; o o z STEVENSON'S CREEK NOTE: This Is not 0 survey! ~ . " coO NO N"': P 8 en SE Cor Lot 45 P.O.B. Novo 6/6/95 REVISED 01/10/97 95076LOT.dwg I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Janice A. Furst, an unremarried 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: (See EXHIBIT "A"-Legal description attached hereto and made a part hereof) 2. That said property is now in the possession of the record owner. 3 . Tha t there has furnished on said property labor or materials against "NONE") : been no labor performed or materials for which there are unpaid bills for said property, except (IF NONE INSERT /V'tJN E- That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain Mortgage dated August 6, 1993 given to Barnett Bank of Pinellas County, Inc. as recorded in o. R. Book 8372, Pages 1603-1607, assigned to Barnett Mortgage Company, now known as Homeside Lending, Inc. on August 6, 1993 as recorded in o. R. Book 8372, Page 1608, all being in the Public Records of Pinellas County, Florida. 6. That there is no outstanding sewer service charges or assessments payable to any government. WI That the representations embraced herein are for the of inducing CITY OF CLEARWATER, its agents, successors and rely the reo T Page 1 of 2 .!fO I I Acknowledgment: Janice A. Furst Affidavit of No Liens Dated .1'-2.tf-9? RE: Drainage Easement to City of Clearwater Sworn ~ subscribed to before , 1997. me this ;<$ day of No~rida My tI.iI~>>,fN.i1.QNl1I1.wmqj..);~twm ( :1' Q.....'^y Pfltt. Earl W. Barrett ~ : ' .. ~'b Notary Public, State of Florida < , : ~...~ Commission No. CC 537063 ~ ;. '> OF t\.o~ My Commission Expires 05126100 < , < ~_' 1-800-3-NOTARY - FIa. NolaIy Semc.. &: BoI>!iinI Co. ( \.,.,.,.,.,..,..,\')\..,...,..,...,...,\..,..,,,...,..,.........,...\w.'.....,. '",\,,"""'\',"\\'i ~ 4L-- tV. ~1I Print/Type Name Page 2 of 2