JOSEPH AND ALICIA DEVLIN
I
INST # 97-115903
APR 25, 199 7=_:5_i~!-1_
PINELLAS COUNTY FLA.
OFF.REC.BK 9685 PG 1337
PreDared bv & return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
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,
Joseph A. Devlin & Alicia A. Devlin, his wife
11 RE. CORDJNjj; 1353 Lotus Path
ACCT /-t;:(;()'l.O
Clearwater, FI. 34616-4296
;.;c- Ty.[.a: .
FEES __,__ do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Flonda
MTF __,___ 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:
DOC J-~"tJj=
INT (See EXHmIT "A"-Legal Description attached hereto and made a part hereof)
TOTAL a.
- t. DO.... 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 unde igned grantors have caused these presents to be
duly executed this.;<7 ~ day of 1997.
S . gnatur
G~
rint Witness Name
~~
WI~g~re~
Print Witness N~~~ "'"c", ,:O,i :; L<f,()J~__.
aXJd
~a~
Alicia A. Devlin
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PINELLAS COUNTY FLA.
T~~.~~_C. BK 9685 PG 1338
Page 2 - Acknowledgment:
Drainage & Utility Easement
Grantor: Joseph A. & Alicia A. Devlin
Grantee: City of Clearwater, Florida
Date: F~ ~? , 1997
STATE OF FLORIDA
COUNTY OF PINELLAS
:l........tT~~~;~oing instrument was acknowledged before me this .;<? ~ay of
~/' , 1997 by Joseph A. Devlin.
NO~
[ ~sonally Known
[ ] Produced Identification
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF PINELLAS
~~. he foregoing instrument was acknowledged before me this ~ /' ~ day of
( .<<~ /' , 1997 by Alicia A. Devlin.
~
Notary Public - State of Florida
[~SOnallY Known
[ ] Produced Identification
Type of Identification Produced
.
'0
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PINELLAS COUNTY FLA.
I~.fi'~ . H~C_. B~ 9685 "PG 1339
LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 43, Sirmons Heights First Addition, os recorded in
Plot Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run
along the South line of Lots 43 and 44, of said Sirmons Heights First Addition,
N89'11'25"W. 154.60 feet; thence run along the West line of said Lot 44, NOO'02'26"E,
9.50 feet; thence run N84"00'04"E, 42.20 feet, thence run S89"03'10"E, 105.55 feet to
o point on the East line of said Lot 43; thence run along said East line S26"15'03"E.
16.00 feet to the P.D.B.
Containing 2071.34 s. f.
~
LOTUS PATH
W
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100
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Not
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44
43
STEVENSON'S CREEK
,,1 ,
SE Cor Lot 43
P.O.B.
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PURCHASE AGREEMENT
Parcel No.: 43 & 44
Project: Stevenson Creek
THIS AGREEMENT is made between Joseph A. Devlin and Alicia A. Devlin. his wife , 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 Hei<;lhts First Addition. Lots 43 and 44
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
$ 1.925.00
$ 0.00
(c)
Estimated transaction costs to be paid by PURCHASER
$ 65.00
TOTAL PURCHASE PRICE INCLUDING COSTS ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.990.00
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 ~NESS WHEREOF, THE SELLER has caused these presents to be executed this
tHJ. , 1994-.
~
day of
~~C<~
WITNESS
~~
SELLER:
.J~ alJd
r;;;; ~.
Alici . evlin
&~/ d~
WITNESS
VII. ACCEPTANCE BY THE CITY OF CLEARWATER
IN TNESS WHER OF, the "C)ty of Clearwater has caused these presents to be accepted this II day of
, 199L ("Acceptance Date").
!lJYUm(J. LLhldJ1l)
ITNESS /_
CITY OF CLEARWATER, FLORIDA
By: $M~
Elizabet . Dept ,City Manager
Page 2 of 2
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LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 43, Sirmons Heights First Addition, as recorded In
Plat Book 26, Page 59, of the Public Records of Pinellas Coun ty, Florida; thence run
along the South line of Lots 43 and 44, of said Sirmons Heights First Addition,
N89"11'25"W, 154.60 feet; thence run along the West line of said Lot 44, NOO'02'26"E,
9.50 feet; thence run N84'00'04"E, 42.20 feet, thence run S89'03'10"E, 105.55 feet to
a point on the East line of said Lot 43; thence run along said East line S26"15'03"E,
16.00 feet to the P.O.B.
Containing 207134 s. f.
LOTUS PATH
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too
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~oi
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o
z
44
43
STEVENSON'S CREEK
1
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Cor Lot 43
EXHIBIT IlA"
NOTE: This is not 0 survey'
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PROJECT:
PARCEL NO. :
DATE:
STEVENSONS CREEK
h 44
'J"PIr.;2.7 , 1997
CLOSING STATEMENT
GRANTOR: Joseph A. Devlin and Alicia A. Devlin, husband and wife
ADDRESS: 1353 Lotus Path, Clearwater, Florida 34616-4296
GRANTEE: City of Clearwater, Florida
AGREEMENT DATE:
January 27, 1997
INTEREST CONVEYED: Perpetual Easement
*****************************************************************************
PURCHASE PRICE $ 1,925.00
ADDITIONAL:
MOVING $ -0-
PERSONAL PROPERTY $ -0-
TOTAL CASH COMPENSATION $ 1,925.00
DEDUCTIONS:
TAX PRORATION $ -0-
DOC. STAMPS $ -0-
NE T COMPENSATION AT CLOSING
WARRANTY WITHHELD, IF ANY
CLOSING EXPENSES TO BE PAID BY GRANTEE:
Documentary stamps on conveyance $ 0.70
Recording Fees $ 14.50
TOTAL $ 15.20
$ 1,925.00
$ -0-
ENCUMBRANCES CLEARED AT CLOSING: NONE
ADDITIONAL CONSIDERATION DUE OUTSIDE CLOSING: NONE
I/WE, THE UNDERSIGNED, CERTIFY TIiAT 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
(IF ANY) .
GRANTOR
~oftL'
~ oseph A. Devlin
~a~'
Alicia A. Devlin
. -.: ";._. .,J'7"
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LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 43, Sirmons Heights First Addition, os recorded in
Plot Book 26, Page 59, of the Public Records of Pinellas County, Florida; thence run
along the South line of Lots 43 and 44, of said Sirmons Heights First Addition,
N89'11'25"W, 154.60 feet: thence run olong the West line of soid Lot 44, NOO'02'26"E.
9.50 feet; thence run N84'00'04"E, 42.20 feet, thence run S89'03'10"E, 105.55 feet to
o point on the Eost line of said Lot 43; thence run along said East line S26'15'03"E.
16.00 feet to the P.O.B.
Containing 2071.34 s. f.
to.
L 0 TU SPA TH
w
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100
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'No;
P
o
o
z
44
43
STEVENSON'S CREEK
.;~ ,
SE Cor Lot 43
P.O.B.
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NOTE: This is not 0 survey!
Novo
6/6/95
90576LOT.dwg
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared JOSEPH A. AND
ALICIA A. DEVLIN, husband and wife, 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 Lots 43 & 44, SIRMONS HEIGHTS FIRST 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: NONE
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 is no outstanding sewer service charges or assessments payable to any
government.
PAGE 1 OF 2
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AFFIDAVIT OF NO LIENS (Continued)
Joseph A. & Alicia A. Devlin
RE: Drainage Easement to City of Clearwater
I
7. That the rep esentations embraced herein are for the purpose of inducing the CITY
F WATER, its agents, successors and assigns to rely thereon.
if~el~
Sworn to and subscribed to before me this ~l1Jl:. day of
~
TNES Signa re
~ ) - RsJ
~
WITliESS Signature~
6:/9at- W
WITNESS Printed Name
&rd- tv. ~
Print/Type Name
~Q~
Alicia A. Devlin
!t~
,1997.
1~.'~6<</~lle~lll"l""mm~ ~
.,~" ~ ~tlr1'w: ~arrett <
. · · ... NolaIy Public, Stale of Florida (
. ~ ~ Commission No. CC 537063 ~
.~ ~ (IF f\.ot{' My Commission Expires OS/26/00 (
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.~ .-1OO-3-NOTAIlY. Pia. Nolllry ServiCCl &; BOlIIIiaa Co. <
.......................................';.........................,....\\...w.,..,....................,.................,.................. ~
PAGE 2 OF 2
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LEGAL DESCRIPTION
Begin at the Southeast corner of Lot 43, 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 Lots 43 and 44, of said Sirmons Heights First Addition,
N89.11'25"W, 154.60 feet: thence run along the West line of said Lot 44, NOO'02'26"E.
9.50 feet; thence run N84.00'04"E, 42.20 feet, thence run S89'03'10"E, 105.55 feet to
a point on the East line of said Lot 43: thence run along said East line S26.15'03"E.
16.00 feet to the P.O.B.
Containing 2071.34 s.f.
!..
LOTUS PATH
w
. .
IDo
N."
Noi
o
o
o
z
44
43
STEVENSON'S CREEK
~1 ,
SE Cor Lot 43
P.O.B.
~
NOTE: This is not 0 survey!
Novo
6/6/95
90576LOT.dwg