CURTIS AND KATHLEEN ANNE WESTPHAL II
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EASEMENT
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FOR AND IN CONSIDERATION of the sum of Twelve Thousand Five Hundred Dollars
($12,500.00) paid to Curtis Westphal II and Kathleen Anne Westphal, the receipt of which is
hereby acknowledged, and the benefits derived therefrom GRANTOR(S),
Curtis Westphal II and Kathleen Anne Westphal, his wife
d/b/a D & W Sun "N" Fun Motel Apartments
20116 Gulf Boulevard
Indian Shores, Florida
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200510085703/17/2005 at 03:41 PM
OFF REC BK: 14184 PG: 1471-1472
DocType:DEED
o DOC STAMP: $52.50
Do hereby grant and convey to the City of Clearwater, Florida, GRANTEE, an easement over,
under and across the following described land, lying and being situate in the County of Pin ell as,
State ofFlOIida, to wit;
Section 13, Township 30 South, Range 14 East, Lot 1, map or plat entitled "Jackson's F. D. Sub" as
recorded in Plat Book 004, page 037 of the Public Records of Pinellas County,
A five foot (5') Natural Gas Utility Easement and Ingress and Egress Easement for the City of
Clearwater service and utility personnel and equipment, as described below:
THAT PROTION OF LOT 1, F. D. JACKSON'S SUBDIVISION ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGES 37 OF THE PUBLIC RECORDS OF
PINELLA.s COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A 4"X4" CONCRETE MONUMENT LOCATED ON THE NORTH LINE OF
SAID LOT 1, BEING 52.5 FEET EAST OF AN EXISTING WELL, SAID POINT OF
BEGINNING ALSO BEING THE POINT OF BEGINNING OF THOSE LANDS DEEDED TO
PINELLAS COUNTY BY DEED RECORDED IN DEED BOOK 751, PAGE 539 OF SAID
PUBLIC RECORDS; THENCE S. 110 11' E. ALONG THE WEST LINE OF SAID LANDS 71.35
FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE WEST ALONG SAID SOUTH LINE
A DISTANCE OF 5.00 FEET; THENCE N. 110 11' W. A DISTANCE OF 71.35 FEET TO THE
NORTH LINE OF SAID LOT 1; THENCE EAST 5.00 FEET TO THE ABOVEMENTIONED
POINT OF BEGI1\TNING.
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~ TO HAVE AND TO HOLD, the same unto said Grantee, its successors and assigns forever.
~~- This easement being for the purpose of placement, operating and maintaining, public utility
~ facilities and appurtenances.
1L..i -Oll-oo
The GRANTEE shall have the right to enter the above-described premises and install,
inspect and operate the utility facilities and maintain or alter same from time to time.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee
simple title to the premises in which the above-described Easement Area is located, (b) that
GRANTEE shall have quite and peaceful possession, use and enjoyment of this easement.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed by its proper officers thereunto authorized and its seal to be thereunto affixed, this
71& day of~~........ , 2004.
Witn~ u)~
~~/
BY: Curtis Westphal II
Grantor (Property Owner)
)11~jJ f'71!~
Witness
~
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BY: Kathleen Anne Westphal
Co-Granter (Property-Owner)
STATE OF COLORADO
COUNTY OF JEFFERSON
Th. e foregoing instrument ~knOWledged before me this 7f!:; day of
2004, by LvtffS Wq llJ. and /,4#.~lI\ A- ~~I
the above described property. He/She/They are personally known to me
C. () Dn" -...'f (.,{C:~ as identification and did not take an oath.
~~L--
, Owner(s) of
or has produced
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Notary Public
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My Commission Expires:
Mv CImmII.. EIaIiIII a.a..
Return to:
Thomas K, Sewell
Clearwater Gas System
400 N. Myrtle Ave.
Clearwater, FI. 33755
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200507043602/2412005 at 12:17 PM
OFF REC BK: 14137 PG: 1073-1074
DocType:NOTICE RECORDING: $18.50
-- --,._---~._~----~-
RE: Parcel No. 13-30-14-43614-000-0010
II
CONSENT TO EASEMENT
Loan No.
II
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
Lot 1, JACKSON'S F.D. SUB, as recorded in Plat Book 004, Page 037, Public
Records of Pinellas County, Florida;
said lien being evidenced by that certain mortgage filed of record on September 28, 2001_given by Curtis
Westphal II and Kathleen Anne Westphal, husband and wife ("Mortgagor") in favor of MADISON BANK, a
Florida corporation ("Mortgagee"), as recorded in Official Records Book 11600, Page 375 of Public
Records of Pinellas County, Florida, does hereby consent to and joins in the grant of that certain Natural Gas
Utility Easement dated the ~J. day of ::TAN ,2003 given by Mortgagor to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation, for the purpose of constructing, installing and maintaining Natural
Gas utility facilities.
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this 22nd day of
January 2003.
Signed, sealed and delivered in the
presence of:
o
Madison Bank
a Florida corporation ~.
By: S'~{/,
Signature (} /" -Ll / F jJ ()
Print name cJbtT A. &;JJ'fJ ~ n fI~l.V
Title ){),o
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: 13-30-14-43614-000-0010
Indian Shores, Pinellas County. FI.
Grantor: Curtis II & Kathleen Anne Westphal
Grantee: City of Clearwater, FI.
STATEOF n
COUNTY OF l1;,e!/tJ5:
:SS
BEFORE ME, the undersigned, personally appeared Scott A. Grutchfield, as Senior Vice President
of Madison Bank, a Florida corporation, whom, being duly authorized, executed the foregoing instrument on
behalf of said corporation, and who acknowledged the execution thereof to be her free act and deed for the
use and purposes set forth therein.
(NOTARY SEAL)
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
.~~~1. A~ED~XON
! \ NoIIfy PublIc . StIli of Florida
i' . - Comm, e.",. Jill '. 2007
'S, eom...... . DO 202033
..... ., NIIlanIl ,.., AlIA.
Return to:
Thomas K. Sewell
Clearwater Gas System
400 N. Myrtle Ave.
Clearwater, Ff. 33755
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200507043702124/2005 at 12:17 PM
OFF REC BK: 14137 PG: 1075-1076
DocType:NOTICE RECORDING: $18.50
RE: Parcel No. 13-30-14-43614-000-0010
CONSENT TO EASEMENT
Loan No.
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
Lot 1, JACKSON'S F .D. SUB, as recorded in Plat Book 004, Page 037, Public
Records of Pinellas County, Florida;
said lien being evidenced by .that certain mortgage filed of record on March 28, 1996 given, by Curtis
Westphal II and Kathleen Anne Westphal, husband and wife ("MortgagorlJ) in favor of ERNEST L. DE LANO,
WIDOWER AND SURVIVING SPOUSE OF LEONA DE LANO, DECEASED, THE OWNER AND HOLDER
OF THAI CERTAIN MORTG4GE IN FAVOR OF ERNEST L. DE LANd AND LEONA DE LANO,
HUSBAND AND WIFE ("Mortgagee"), as recorded in Official Records Book 9,292, ,Page 1327 of Public
Reco. rds of Pinellas County, f..!f>rid, a, d~s hereby cO~!fnt to and joins in the granf of that certain Natural Gas
Utility Easement dated th~ay of,:)(A"t". , 20UCf9ivenby Mortgagor to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation, for the purpose of constructing, installing and maintaining Natural
Gas utility facilities.
d
~, IN WITNESS WHE~~~:F. ' the undersigned has caused these presents to be signed this 2.8""'day
Of~,20CXf , ,.
Signed,'" sea.. led a. nd delivered in, t~e., p.re.sence of: "~.ortgageelJ, "-\.. (I Y ... 0 _ '. .',
p~ .;;:~ ~ BY~ /YY1 ~ .mr~-~
Witness SigflPtur,e./) /. ' i..I -Signature~
Print name H1ll,(14 11tJ S (2 IA-J}- f.../c h /~ Print name FRNEST L DE LAND
, ,
tness Si~ :u (I ~
int name Ot:Lh..o' .'. 1'7"f' b
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: 13-30-14-43614-000-001 0
Indian Shores, Pinellas County, FI.
Grantor: Curtis II & Kathleen Anne Westphal
Grantee: City of Clearwater, FI.
STATEOF~ :
COUNTYO~:
:ss
BEFORE ME, the undersigned, personally appeared FRNFST I DE LANO, whom, being duly
authorized, executed the foregoing instrument and who acknowledged the execution thereof to be his free
act and deed ~ r the use and purposes set forth therein.
(NOTARY SEAL)
[ lj>ersonally Known
[vfProduced Identification r-." n ~ . L
Type of Identification Produced -.t::j(lW"ldG... Url\(LI'~ CtJ t"i~
AFFIDAVIT OF NO UENS
STATE OF FLORIDA
COUNTY OF P1NELLAS
: ss
BEFORE ME, the undersigned authority, personally appeared Curtis Westphal II
and Kathleen Anne Westphal, 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:
Lot 1, JACKSON'S F.D. SUB, as recorded in Plat Book 004, Page 037,
Public Records of Pinellas County, Florida.
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:
That certain Mortgage dated Month day, year in favor of Madison Bank of
Palm Harbor " IL Floridcsbrporation, as recorded in 0, R. Book 11609 Page 375, Public
Records of Pinella~ounty, Florid,; having been subsequently assigned and now
owned and held by N/ A , an N/ A corporation, and;
That certain Open-End Mortgage dated Month Day, Year given in favor of
, a corporation organized and existing under the laws
of , as recorded in O. R. , Pages through of
the Public Records of County,
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.
Page 2 - Affidavit of No Liens
Curtis and Kathleen A. Westphal
RE: Lot 1, JACKSON'S F.D, SUB,
..
7. That the re resentations embraced herein are for the purpose of inducing the CITY
OF CLE R, FLO IDA, its agents, successors and assigns to rely thereon.
C~A~; A!c~Jl fJ' 8#13'-05
Curtis Westphal II /
1<4~~ a'11./J~ (/b-Lf~dL
Kathleen Anne Westphal ~ J &r I
f:E
Sworn to and subsc' ed to before me this /~ day of
2003.
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