WATER MAIN & FIRE HYDRANT EASEMENT
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008081701 03/2612008 at 12:20 PM
OFF REC BK: 16194 PG: 1917-1921
DocType:EAS RECORDING: $44.00
Parcel I. D. No. 19-29-16-52455-000-0020
Parcell. D. No. 18-29-16-80353-000-0011
II WATER MAIN & FIRE HYDRANT EASEMENT II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, AL & AL, LLC, a Florida limited liability company,
19820 U. S. Highway 19 North, Clearwater, Florida 33764-5016 ("Grantor") does hereby grant and convey to the
CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-exclusive, limited
purpose easement over, under and across the following described land lying and being situate in the County of
Pinellas, State of Florida, to wit:
A part of Lot 2, Block A, LOKEY SUBDIVISION, according to the plat thereof recorded in Plat Book
92, Pages 18 and 19 of the Public Records of Pinellas County, Florida; and a part of the southerly
385.00 feet of Lot 1, SEVER PARK, according to the plat thereof as recorded in Plat Book 90, Page
59 of the Public Records of Pinellas County, Florida, containing 0.0352 acres, more or less, as
more particularly described and depicted in EXHIBIT "A", Pages 1 and 2, appended hereto and by
this reference made a part hereof ("Easement Premises")
This easement is for water main and fire hydrant installation and maintenance only. The CITY OF
CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install
and maintain therein a water line and fire hydrant, and facilities appurtenant thereto; and to inspect and alter such
water line and fire hydrant and appurtenant facilities from time to time. Grantee shall be solely responsible for
obtaining all governmental and regulatory permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's facilities at all times during the exercise of rights granted herein for Granta and
the general public, and that it shall promptly restore the Easement Premises and any affected areas surrounding
the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the
same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee
further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and
enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the
Easement Premises not inconsistent with the easement rights granted herein.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or
occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
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US 19 WM EASE 010B.doc
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In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the water
mains constructed within the easement premises to facilitate further development or redevelopment of the property
encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee,
shall provide an alternate easement for the constructed water mains, and shall at its sole cost and expense
reconstruct the water mains within the alternate easement. Upon completion of the water mains relocation
Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of
Pinellas County, Florida.
Grantor shall hold harmless and indemnify Grantee if the Grantor's secured mortgagee, Wachovia Bank,
National Association, should fail to timely consent to and join with Grantor in conveyance of easement described
herein, and further subordinate its right, title and interest therein to said easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the easement premises by Grantee.
IN WITNE~S WHEREOF, the undersigned grantor has caused these presents to be duly executed this
\ \.1 ~ day of ~~\,Qt'\.\.a..lr"~. , 2008.
Signed, sealed and delivered
inc~~
WlrnESS signature/)
~) t-Y~I O,OWr-,
Print Z:~cf2 .
WITNESS signature .
/?o~llr E. MOf((lJ
Print Witness Name
AL & AL, LLC,
a Florida limited liability company
By:
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Philip E. Lokey, Managing Member of
AL & AL, LLC, a Florida limited liability, who executed the foregoirg instrument on behalf of said entity on the
aforementioned date, and who aCknowJe. dged the execution thereof to be his free act and deed for the use and
purposes herein set forth, and who [ "'i'is personally known to me, or who [ ] did provide
id nt'fication.
My commission expires:
iJ#' ~ Lisa A. Daffron
l~; My Commission D028mO
";",..." Expires March 16.2008
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US 19 WM EASE 010B.doc
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II)
II
SERVER PARK
PB 90, PG 59
LOT 1
NORTH LINE OF
SECTION 19-
L!-4
~C I2
r--
10.00'
LOKEY SUBDIVISION
PB 92, PG 18
LOT 2
B L 0 C K
A
NOT A SURVEY
ITEM
DATE
SKE TCH & DE SCRIPTION 01/14/08 JOD GM
H: \IN\3664\DWG\SMARTCARE SMT.DWG
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BY QC
N88'55'55"W
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SECTIONS 18 & 19, TOWNSHIP 29 S., RANGE 16 E.,
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3664-01
LINE
L1
L2
L3
L4
L5
L6
L7
L8
MERCEDES SMART CAR
EASEMENT
LINE TABLE
BEARING
SOO'52'25"W
N88'55'55"W
N01'04'05"E
S88'55'55"E
NOO'52'25"E
N01'04'22"E
S88'55' 35"E
S01'04'22"W
DIST ANCE
25.00
76.04
10.00
61.00
15.00
36.42
15.00
36.42
NE CORNER, NE 1/4
SEC 19-29S-16E
SAVED: 1/15/2008 1:20 PM
PLaTTE D: 1/14/2008 2: 38 PM
SHEET 1 OF 2
POI..ARB ASSOCIA TES INC.
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
CLEARWA TER, FLORIDA 33764
(727) 524 6500
SECTIONS 18 & 19, TOWNSHIP 29 S., RANGE 16 E.,
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3664-01
DESCRIPTION
A PART OF LOT 2, BLOCK A, LOKEY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 92,
PAGES 18 AND 19 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PART OF THE SOUTHERLY
385.00 FEET OF LOT 1, SEVER PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 90, PAGE 59 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16
EAST, PINELLAS COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF THE NORTHEAST 1/4 OF SAID
SECTION 19, N.88'55'55"W., 100.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19, S.00'52'22"W., 25.00 FEET; THENCE N.88'55'55"W., 76.04 FEET; THENCE
N.01'04'05"E., 10.00 FEET; THENCE S.88'55'55"E., 61.00 FEET; THENCE N.00'52'25"E., 15.00 FEET; THENCE
N.01'04'22"E., 36.42 FEET; THENCE S.88'55' 35"E., 15.00 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
S.01'04'22"W., 36.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.0352 ACRES, MO
NOTES
1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 19, BEING SOO'52'25"W.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR.
NOTHING HE RE IN SHALL BE CONS TRUE 0 TO GIVE ANY RIGHTS OR BE NE FITS TO ANYONE OTHE R THAN
THOS E CE RTIFIE 0 TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL,
HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT
TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
SAVED: 1/15/2008 1:20 PM
PLOTTED: 1/14/2008 2:38 PM
NOT A SURVEY
ITEM
JOHN O. DIE HL
P.L.S. NO. 4053
S TATE OF FLORIDA
SHEET 2 OF 2
SKETCH & DESCRIPTION 01/14/08 JOD GM
H: \IN\3664 \DWG\SMARTCARE SMT.DWG
MERCEDES SMART CAR
EASEMENT
,
POLARB ASSOCIA TES INC.
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
CLEARWA TER, FLORIDA 33764
(727) 524-6500
DATE
BY QC
4'
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008045169 02/15/2008 at 02:29 PM
OFF REC BK: 16153 PG: 2493-2493
DocType:AGM RECORDING: $10.00
CONSENT & JOINDER
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and Assignment of Rents, and other instruments of
security dated June 13, 2007 given in favor of Wachovia Bank, National Association, as recorded in O.
R. Book 15932, Pages 2631 - 2646 of the public records of Pinellas County, Florida; does hereby join
with Grantor and consents to the grant of easement as conveyed in the herein described Water Main &
Fire Hydrant Easement as same shall encumber a portion of Lot 2, Block A, LOKEY SUBDIVISION, as
recorded in Plat Book 92, Pages 18 and 19, and a portion of Lot 1, SEVER PARK, as recorded in Plat
Book 90, page 59, both being in the Public Records of Pinellas County, Florida, and as more
particularly described in said instrument, and does hereby subordinate all of its right, title, interest and
claim in the aforementioned lien to the easement rights Grantor has conveyed therein.
By:
Print Name
Title
ASSOCIATION
Signed, sealed and delivered
I n the pre~ence of:
,.~~..
u
~ WiPiless signatu')b.-"
f;:! /#Thc/t4 /~A/?/lAm
~ Print Witness name
>-
~ STATE OF _f\oodo :
I :0
~COUNTYOF~~ :
L The foregoing instrument was acknowledged before me this \'5' day of tQk:xu..~ '
~12008 by '61?OL Lev..) \. ~ ,as ~.Q.mo{'" \J\u.. \)(R.'!.ld.'!nt' of
. Wachovia Ban, National Association, mortgagee in the above-described lien, who executed said
instrument and acknowledged the execution thereof to be h~ free act and deed for the uses and
S{2 purposes therein expressed, and who f(.dJis personally known to me, or who [ ] did provide
as identification.
My Commission Expires:
~1 P!I... Notary Public State of Florida
R'~"f.. Julie Roberts
;,~; My Commission 00484164
~o,f\-o"" Expires 10/20/2009
I
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It. ..
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Philip E. Lokey, as
Managing Member of AL & AL, LLC, a Florida limited liability company, whom, being first duly
sworn, does depose and say:
1. That AL & AL, LLC is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
A part of Lot 2, Block A, LOKEY SUBDIVISION, according to the plat thereof
recorded in Plat Book 92, Pages 18 and 19 of the Public Records of Pinellas
County, Florida; and a part of the southerly 385.00 feet of Lot 1, SEVER
PARK, according to the plat thereof as recorded in Plat Book 90, Page 59 of
the Public Records of Pinellas County, Florida, as more particularly described
and depicted in EXHIBIT "A", Pages 1 and 2, appended hereto and by this
reference made a part hereof ("Easement Premises")
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, other that those which
will be paid during the normal course of business, except: (list, or if none, insert "NONE".
If no entry, it will be deemed that "NONE" has been entered.)
N Of) 0
4. That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except easements and restrictions of record, any encroachments,
overlaps or other rights of third parties which would be shown by a current survey, and:
The encumbrance, lien and obligations imposed by that certain Mortgage & Assignment
of Rents dated June 13, 2007 given in favor of Wachovia Bank, National Association, as
recorded in O. R. Book 15932, Pages 2631 - 2646, Public Records of Pinellas County,
Florida.
5. That no written notice has been received for any public hearing regarding assessments
for improvements by any government, and there are no unpaid assessments against the
above described property for improvements thereto by any government, whether or not
said assessments appear of record.
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U S 19 WM EASE 010B.doc
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6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein have been requested by the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon in connection with the
granting of a Water Main & Fire Hydrant Easement to encumber the above-described
property.
AL & AL, LLC,
a Florida limited liability company
By
,J
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ day ofFeh",uCM'~ '
2008 by Philip E. Lokey, Managing Member of AL & AL, LLC, a Florida limited liability company,
who executed the foregoing instrument on behalf of said entity, and who acknowledged the
execution thereof to be his free act and deed for the uses and purposes therein expressed, and
who [ ~s personally known to me, or who [ ] did provide
as id tification.
My Commission Expires:
~."... i\. Lisa A Daffron
,'I) My Commission DD28ntO
O"liExplleS March 18,2008
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U S 19 WM EASE 010B.doc
~.,l1lilii.-1..C_____