LOREN M. POLLACK & H. SARA GOLDING SCHER & SUNSET SQUARE GENERAL PARTNERSHIP
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
~FSFT:E~~8KO~1700 03/26/2008 at 12:20 PM
. 16194 PG: 1910-1916
DocType:EAS RECORDING: $61.00
RE: Parcels No. 02-29-15-88237-000-0010 and 0020
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FIRE HYDRANT & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom,
Loren M. Pollack and H. Sara Golding Scher,
as Co-Trustees under Agreement dated April 23, 1996 and
Sunset Square General Partnership, as beneficiary
c/o Stuart S. Golding Company
27001 U. S. Highway 19 North, Suite 2095, Clearwater, FI. 33761-3490
(collectively, "Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation ("Grantee"), a non-exclusive easement for utility purposes located five
feet (5') on either side of utilities as actually constructed or installed from time to time pursuant to the
utility plans approved and on file with the City of Clearwater, Florida, to the extent located over, under
and across the following described land, lying and being situate in the County of Pinellas, State of
Florida, to wit:
Lot 1 and Lot 2, SUNSET SQUARE SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 90, Page 4, in the public records of Pinellas County, Florida.
The CITY OF CLEARWATER, FLORIDA, shall have ingress, egress and the right to enter upon
the herein described easement premises to construct, install and maintain and reconstruct as
necessary fire hydrants, appurtenant water mains, valves and all related utilities, except as such
utilities and related facilities may be located and lie under structures or within five feet (5') of buildings
within the easement area, in accordance with all codes, regulations and ordinances of the City (the
"facilities"). Grantee shall have full authority to inspect and alter all facilities from time to time within
said easement premises. In the time-to-time exercise of rights granted herein Grantee shall in every
instance restore all physical impacts to the easement premises to equal or better condition as existed
prior to the exercise of such rights.
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 quiet and peaceful possession, use and
enjoyment of this easement.
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their 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 WITNESS WHER~. ' the undersigned grantor has caused these presents to be duly
executed this d ~ J;t- day of ...-v-t ~ ~. , 2008.
o
Signed, sealed and delivered
in the presence of:
~tkb
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~tness~ h.
e~<) r
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8~~ y~,r~~~~~ ,'-
Loren M. Pollack, as Co-Trustee under Agreement
dated April 23, 1996
My Commission Expires:
Type/Print Name
~"!<L
~ , 'f, Notary Public
. ~ . Lynn L W . d Slate of Florida
'll. ~ M ar
'l> . AJ Y CommISsion DO
0,,..00" Expires 01/18/2012734910
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
Type/Print Name
Notary Public State of Florida
er
My Commission 00335553
Expires 08/04/2008
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H. Sara Golding cher, s Co-Trustee under
Agreement dated April 23, 1996
.',
My Commission Expires:
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
SUNSET SQUARE GENERAL PARTNERSHIP, a
Florida general partnership
By: PSK ASSOCIATES LIMITED
PARTNERSHIP,
a Florida limited partnership, one of its two
general partners
STATE OF FLORIDA :
COUNTYOF fA)~&.oI/S
. rjJrA- .----.
The foregoing instrument was acknowledged before me thisaLday of ,
2008 by H. Sara Golding Scher, as President of PSK, Inc., General Partner of PSK Associat Limited
Partnership, a Florida limited partnership, a General Partner of Sunset Square General Partnership, a
Florida general partnership, who executed the foregoing instrument on behalf of the partnerships, and
who acknowledged JP.9-execution thereof to be her free act and deed for the uses and purposes therein
expressed, and ["'f who is personally known to me, or [ ] who has produced
as identification.
Type/Print Name
My Commission Expires:
N lie State of Florida
Lauri Slater
My Commission 00335553
Expires 08/04/2008
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
. .
SUNSET SQUARE GENERAL PARTNERSHIP, a
Florida general partnership
~t?,fld1A./
Wftn s-Signa re
.J 0 '(;J L L- M./c...
Print Na e
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IVless Ignature
L-- ~ f) Y) IJA- Ie I)
By 8~~ .po-Q~eL-
Loren M. Pollack, one of its two general partners
STATE OF FLORIDA
n . ss
COUNTY OF f/ vr-e.PPcJ
'l\ct: ~
The foregoing instrument was acknowledged before me thisc::;:>l ~ day of
2008 by Loren M. Pollack, a General Partner of Sunset Square General Partnership, Florida ge ral
partnership, who executed the foregoing instrument on behalf of the partnership, and who
acknowledged the execution thereof to be his free act and deed for the uses and purposes therein
expressed, and [/] who is personally known to me, or [ ] who has produced
as identification.
~L)Ck~
-olary blic - Stale of Florida
My Commission Expires:
Type/Print Name
i'~~(f\. Notary PUbliC. State of Florida
. . Lynn L Ward
'" . H My Commission 00734910
'f'~O'f\.d" Expires 01/18/2012
U :\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107 .doc
.. " --1 p
CONSENT & SUBORDINATION TO GRANT OF
EASEMENT
The undersigned Mortgagee, owner and holder of an interest in the real property described
herein by virtue of that certain mortgage lien described in the Amended and Restated Mortgage and
Security Agreement and Notice of Future Advance, and other instruments of security dated January 5,
2006 given by Loren M. Pollack and H. Sara Golding Scher, as Co-Trustees under Agreement dated
April 23, 1996 ("Grantor") and Sunset Square General Partnership, a (unregistered) Florida general
partnership which is the sole beneficiary under the Trust, as recorded in Official Records Book 14865,
Pages 1414 -1452, and Assignment of Leases and Rents in favor of Mortgagee, as recorded in
Official Records Book 14865, Page 1453, and UCC Financing Statement in favor of Mortgagee as
recorded in Official Records Book 14865, Page 1471, all of the Public Records of Pinellas County,
Florida (collectively, the "Mortgage") does hereby consent to the grant of easement as described in that
certain Fire Hydrant and Utility Easement dated ~ ~5r , 2008 as conveyed to
the City of Clearwater. Florida (the "Easement")~nd hereby bordinates all of its right, title, interest
and claim in the lien evidenced by Mortgage, and all other instruments of security as described therein,
to the Easement.
COMMONWEALTH OF MASSACHUSETTS
SUN LIFE ASSURANCE COMPANY OF CANADA,
::aA::o~
PIi1rt Name BRIAN P VFRDV
Title na:r.ma UnaTtuc..E eeRVlClNQ
~~~Nam( ~~
Title DIRI!G1'OR, MORT.QAQi. &iRVICING
: 55
COUNTY OF NORFOLK
On the 5}1I day of..fe hruQYl,J , in the year 2008, before me, the undersigned
notary public personally appearedl ~~~ \i"..d.u . ,as
\)\ rf' c-:\ar and r __ _~~S - Nr;(. as
\J\ ~ c~ for SUN LIFE ASSURANCE COMPANY OF CANADA, a Canadian
corporation, proved to me through satisfactory evidence of identification, being to me known to be the
persons whose names are signed on the preceding or attached document. and acknowledged to me
that they signed it voluntarily for its stated purpose.
'.
My Commission Expires:
~ NANCY MARIE Mr:MILLAN
\Vit~rl Notar~' Public
'I ) Commonweallh of M.:ssachusetts
~ My Commis:iion Expires
October 6,2011
& UTIL EAS. 032107 .doc
II
CONSENT & JOINDER IN GRANT OF EASEMENT
II
THE UNDERSIGNED, being the owner and holder of a leasehold interest in the herein described
property, does hereby join in and consent in the granting of the Fire Hydrant and Utility Easement
conveyed by Loren M. Pollack and H. Sara Golding Scher, as Co-Trustees under Agreement dated
April 23, 1996 to the City of Clearwater, Florida on :r~lJ~ ~~ ,2008, and does hereby
subordinate all of its right, title, interest and claim in such leasehold to said easement grant.
Si ned, sealed and delivered
n the esence of:
HOLIDAY CVS, LLC.,
a Florida limited liability company
By: CVS PHARMACY, INC.,
a Florida corpo
By:
Print Name
~Title
Miel=taal B. NLlI,,"M
l1iiiitar:lt S8cr.starl
Print Witness Name
STATE OF RHODE ISLAND:
: 55
COUNTY OF PROVIDENCE:
Th~~i~9 irl1feftJ WI; acknowledged before me
2008 by ~ 4D 11 JJV as
of CVS PHARMACY, INC., a Florida corporation, managing member of HOLlDA CVS, LL a Florida
limited liability company, executed the foregoing instrument by and on behalf of said entities, and
who acknowledged t xecution thereof to be his free act and deed for the uses and purposes therein
expressed, and [ who is personally known to me, or [ ] who provided
as d tification. ('
My Commission Expires:
tate Rhode Island
Dorothy r. O'Brien
. "'I"\tiry PubliG
Type/Print NamState of Rhode' I
My C " sand
I ommlsSlon Expires 08/15/2009
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
..
.
II AFFIDAVIT OF NO LIENS II
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Loren M. Pollack
and H. Sara Golding Scher, as Co-Trustees under Agreement dated April 23, 1996
(such trust being referred to herein as the ''Trust'' and the aforesaid trustees being
collectively referred to as the "Trustees"), each of whom, being first duly sworn, do
depose and say:
1. That said Trust is the owner of legal title to the following described property in
Pine lias County, Florida, to wit:
Lot 1 and Lot 2, SUNSET SQUARE SUBDIVISION, according to the map
of plat thereof as recorded in Plat Book 90, Page 4, Public Records of
Pine lias County, Florida
2. That said property is now in the possession of the record owner and the tenant
set forth below.
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 than
those that will be paid during the normal course of business, except: (if none, enter
"NONE". If no entry, it will be deemed that Affiant has entered 'NONE") NONE
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except;
That certain Amended and Restated Mortgage and Security Agreement and Notice of
Future Advance, dated January 5, 2006 given in favor of SUN LIFE ASSURANCE
COMPANY OF CANADA ("Mortgagee"), as recorded in Official Records Book 14865
Pages 1414 - 1452 of the public records of Pinellas County, Florida; and Assignment of
Leases and Rents in favor of Mortgagee, as recorded in Official Records Book 14865,
Page 1453, and UCC Financing Statement in favor of Mortgagee as recorded in Official
Records Book 14865, Page 1471, all of the Public Records of Pinellas County, Florida
(collectively, the "Mortgage"),
That certain Lease entered into between Affiant and HOLIDAY CVS, LLC, a Florida
limited liability company, as referenced in that certain Short Form Memorandum
NOTICE OF LEASE as recorded in Official Records Book 15530, Pages 1529 - 1537 of
the publiC records of Pinellas County, Florida,
Public utility easements and restrictive covenants of record.
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
. <II
/'
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.
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents. successors and assigns to rely thereon.
~:llJC<-t .(
ITNe SS Signature
L~ n (\ JJ A-tC: I)
WITNE S Printed Name
~~,~cCL-'~
Loren M. Pollack, as Co-Trustee under
Agreement dated April 23. 1996
Sworn to and subscribed to before me this r6/~y of . -j- ~~i-I}, A>-,(<"""-'- -- .
2008 by Loren M. Pollack, as Co-Trustee under Agreement dated April 23, 1!l96. He
acknowledged the execution thereof to be his free act and deed for the uses and
purposes therein expressed, and [~personally known to me, or [ ] has produced
as identification.
i .
D~~"t\. Notary Public Stale of Flonda
~ . Lynn L Ward
~ C 'H My Commission DD73491 0
~O'f\.d"' Expires 01/18/2012
Print/Type Name
POLLACK-SCHER TR BLKT HYDRANT & UTlL EAS. 032107.
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W1TNl S Sign,ur:
WITNE S Printed Name
Sworn to and subscribed to before me this l~ay of 4--t.~iM.C..t.~____
2008 by H. Sara Golding Scher, as Co-Trustee under Agreement dated Apri(Q3, 1996.
She acknowledged the execution thereof to be her free act and deed for the uses and
purposes therein expressed, and [A115 personally known to me, or [ ] has produced
~~it..J tu. ~. as identification.
Notary Public - State of Florida
H. Sara Goldin cher, as Co-Trustee
under Agreement dated April 23, 1996
PrintlType Name
. n Expires
~~PCl" Notll. ry PUblic. Stat. of Florida
. . Lynn L Ward
~ C 'H My CommiSSion 00734910
~Off\.~ Expires 01118/2012
POLLACK-SCHER TR BLKT HYDRANT & UTlL EAS. 032107-
1928256v3
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTlL EAS. 032107.doc
., ..
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Loren M. Pollack
and H. Sara Golding Scher, each of whom, being first duly sworn, does depose and say:
1. That Loren M. Pollack is one of two General Partners of Sunset Square General
Partnership, a Florida General Partnership (the "Beneficiary"), the sole beneficiary
of that certain trust dated April 23, 1996 ("Trust").
2. That H. Sara Golding Scher is the President of PSK, Inc., the general partner of PSK
Associates Limited Partnership, a Florida limited partnership, one of two General
Partners of the Beneficiary.
3. That Sunset Square General Partnership, a Florida General Partnership, is the sole
beneficiary under the Trust.
4. That the Beneficiary is the owner of 100% of the equitable title to the following
described property in Pinellas County, Florida, to wit:
Lot 1 and Lot 2, SUNSET SQUARE SUBDIVISION, according to the map
of plat thereof as recorded in Plat Book 90, Page 4, Public Records of
Pinellas County, Florida
5. That said property is now in the possession of the record owner and Beneficiary,
and the tenant set forth below.
6. That to the best of the Beneficiary's knowledge, 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 than those that will be paid during the normal
course of business, except: (if none, enter "NONE". If no entry, it will be deemed
that Affiant has entered 'NONE")
None
7. That to the best of the Beneficiary's knowledge, other than easements and
restrictions of record, there are no liens or encumbrances of any nature affecting the title
of the property hereinabove described, exceot:
That certain Amended and Restated Mortgage and Security Agreement and Notice of
Future Advance, dated January 5, 2006 given in favor of SUN LIFE ASSURANCE
COMPANY OF CANADA ("Mortgagee"), as recorded in Official Records Book 14865
Pages 1414 -1452 of the public records of Pinellas County, Florida; and Assignment of
Leases and Rents in favor of Mortgagee, as recorded in Official Records Book 14865,
Page 1453, and UCC Financing Statement in favor of Mortgagee as recorded in Official
Records Book 14865, Page 1471, all of the Public Records of Pine lias County, Florida
(collectively, the "Mortgage"),
That certain Lease entered into between the Trust and HOLIDAY CVS, LLC, a Florida
limited liability company, as referenced in that certain Short Form Memorandum
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc
... p,.'
. ~ ;;
.,
NOTICE OF LEASE as recorded in Official Records Book 15530, Pages 1529 - 1537 of
the public records of Pinellas County, Florida;
Public utility easements and restrictive covenants of record.
8. That to the best of the Beneficiary's knowledge, it is hereby warranted that no
notice has been received for any public hearing regarding assessments for
improvements by any govemment, 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.
9. That to the best of the Beneficiary's knowledge, there are no outstanding sewer
service charges or assessments payable to any government.
10. That the representations embraced herein are for the purpose of inducing the
CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely
thereon.
SUNSET SQUARE GENERAL PARTNERSHIP, a
Florida general partnership
By:
PSK ASSOCIATES LIMITED
PARTNERSHIP,
a Florida limited partnership, one of its two
general partners
;;IF 0~-e
Wtess Signiture
~ n n J !t It. I)
Print Name
W4it~
t ~.~.$,~ure
-:J () L "DUM/::.-.
Print Name .
By:
By:
Sworn to and subscribed to before me this /-0-~ay of .......-J ~Vvu ~.
2008 by H. Sara Golding Scher, President of PSK, Inc., a General Partner PSK
Associates Limited Partnership, a General Partner of Sunset Square General
Partnership, a Florida general partnership, on behalf of said general partnership. She
acknowledged the execution thereof to be her free act and deed for the uses and
purposes therein expressed, and [ ] is personally known to me, or [ ] has produced
as identification.
(
i,t:f~p!(,. Nota. ry Public State of Florida
. t~ Lynn L Ward
~c . H My CommIssIOn D0734910
~OFf\.d" Expires 01/18/2012
Print/Type Name
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SUNSET SQUARE GENERAL PARTNERSHIP, a
Florida general partnership
~ ~!
BY:~. 'o-*tiL~
Loren M. Pollack, one of its two general partners
Sworn to and subscribed to before me this /3tJ;;. day ofd-,:~ '
2008 by Loren M. Pollack, a General Partner of Sunset Square General nership, a
Florida general partnership, on behalf of said general partnership. He acknowledged
the execution thereof to be his free act and deed for the uses and purposes therein
expressed, and [~personally known to me, or [ ] has produced -
as identification.
d~.~~~~1-
f~~
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Notary Public State of Florida
Lynn L Ward
My Commission DD734910
Expires 01/18/2012
Print/Type Name
#1938167vl_ TRENAM_ - POLLACK-SCHER TR BLKT HYDRANT
UTIL EAS 032107 (4) DOC.doc-2333867v2
U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc