DALTON CLEARWATER, LLC (2)
~
KEN BURK
PINEL E, CLERK OF
INST# ~::;UNTY FLOR~g~RT
OFF RE 0982 11/09/2
DoeT C BK: 14732 PG. 005 at 09:08 AM
D ~pe:EAS RECORD. 1885-1889
STAMP: $0.70 ING: $44.00
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
'-~
-~-
~-~---
Parcel I. D. No. 17-29-15-05004-001-0010
'--E & UTILITY 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, Dalton Clearwater, LLC, a Florida
limited liability company, 2840 West Bay Drive, Suite 135, Belleair Bluffs, Florida 33770-2620 ("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 DRAINAGE AND UTILITIES EASEMENT to encumber a 2065.67 SQuare foot portion of Lot 1.
Block A. BA YSIDE SUBDIVISION NO.5. accordina to the plat thereof as recorded in Plat Book 38. Paaes
38 & 39. Public Records of Pinellas County. Florida. as more specifically described and depicted in
EXHIBIT "A" appended hereto and a part hereof ("Easement Premises")
This easement is for drainage and utility installation and maintenance only. The CITY OF
CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises for the sole purpose
to construct, install and maintain therein stormwater lines and facilities, and to inspect and alter such stormwater
lines and 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 Grantor and
the general public, and that it shall promptly restore the Easement Premises, specifically including without
limitation, the driveway and parking spaces, to at least the same quality of condition that existed as of the day that
Grantee first exercised any of its rights hereunder, upon completion of the project undertaken in the exercise of
these rights. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not
inconsistent with the easement rights granted herein. Grantee further represents and warrants that it shall
diligently pursue the completion of all work related to this project and complete all matters 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.
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.
Page 2 - Drainage & Utility Easement
Grantor: Dalton Clearwater, LLC
Grantee: City of Clearwater
RE: Lot 1, Blk. A, BAYSIDE SUB NO.5
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the utility
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 reasonable approval of
Grantee, shall provide an alternate easement for the constructed utility, and shall at its sole cost and expense
reconstruct the utility within the alternate easement. Upon completion of the utility relocation Grantee shall
promptly cause this easement to be vacated and evidence of vacation promptly and 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 Grantor in conveyance of easement described herein, or to
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 non-exclusive, limited in purpose, and irrevocable (subject to the termination provisions
provided for hereinabove) and shall run with the land, except by the written mutual agreement of both parties, or
by abandonment of the easement premises by Grantee.
,., Afh IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
~ day of September, 2005.
Signed, sealed and delivered
in the presence of:
~~~
WITNESS signature
tV'd~ j1./,o... rrr-
Print Witness Na~
d/~ '
~~zs~~at~~~~
Print Witness Name
DALTON CLEARWATER, LLC,
a Florida limited liability company
By: SIMDAG INVESTMENTS, LLC,
a Florida limited liability company
Print name
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared J<b6e......+ E L"{ 0 r'\ S ,Managing
Member of Simdag Investments LLC, a Florida limited liability company, Managing Member of Dalton Clearwater,
LLC, a Florida limited liability company, who executed the foregoing instrument on the aforementioned date, and
who acknowledged the execution thereof to be his free act and deed for he use and purposes herein set forth.
12 W. ~~ M commission ex ires:
Io~ - State of Florida . ~~ .N.. 0.. !ilry Oubllc State of Florida
J) J11J91 f1). H E.-J.} tll2J,(j( ! . Nancy W ",~drick
Type/Print Name \; . ~ Mv Gtlm/TllSSlOI1 00436643
., ,,'- E. _pitt, 06102/2009
,0 Personally Known. [ ] Produced Identification. Type of Identification Produced
2
EXHIBIT
"A"
THIS IS NOT A SURVEY!!
~
IN!I@lWii'lJ=(]
Scale '''=60'
&{ VD
LEGAL DESCRIPTION:
From the southwest corner of Lot 1, Block A, of Bayside Subdivision #5, as
recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County,
Florida; thence N 12'34'30" E, along the west line of said Lot 1, 69.60 feet, to the
Point Of Beginning; thence continue N 12'34'30" E, along said west line, 23.21 feet;
thence N 33'32'54" E, 28.30 feet; thence N 60'26'41" E, 95.09 feet, to a point on
the north line of said Lot 1; thence S 54'25'30" E, along said north line, 16.53
feet; thence S 60'26'41" W, 98.46 feet; thence S 33'32'54" W, 40.80 feet; thence
S 83'40'46" W, 8.62 feet to the Point Of Beginning. Containing 2065.57 square
feet.
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
a9/20/2005 12:29
7275956831
SIMDAG
PAGE 13
Retum to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 333758-4748
AE: Parcel No. 17-29~15-05004.001.0010
l CONSENT TO EASEMENT & SU.BORDINATION OF INTEREST I
THE UNDERSIGNED. being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
Lot 1, 810ck A. BAYSIDE SUBDIVISION NO.5, according to the map or plat
thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records of Pinellas
County, Florida,
said lien being evidenced by that certain Mortgage and Security Agreement and other instruments of security
dated March 15. 2004 given by DALTON CLEARWATER, LLC, a Florida limited liability company
("Mortgagor'1 in favor of W ACHOVIA BANK, a national banking association organized and existing under the
laws of the United States of America ("Mortgagee"), as recorded in Official Records Book 13436, Pages 1585
- 1608, Public Records of Pinellas County, Florida, and that certain Second Mongage and Security
Agraement and other Instruments of security dated November 1 . 2004, as recorded in Official Records Book
13967, Pages 1181 - 1191, Public Records of Pinellas County, Florida, also given in favor of said
MOI1:gagee, does hereby consent to and joins in the grant and encumbrance of that certain 5~foot Drainage &
Utility Easement over and across said real property as depicted in EXHIBIT "A" appended hereto, said
easement being dated the 30 ru day of S Go f> t E "" b E C>> , 2005 given by Mortgagor to the CITY
OF CLEARWATER, FLORIDA, a Florida Municipal Corporation. Mortgagee does hereby further subordinate
its above described lien interest and all of the right, title, interest and claim thereunto accruing in said
premises to said easement grant and the drainage utilities to be constructed therein.
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this ;;{ Cf day
of ~-k>..I'l-b.oA...., 2005.
Signed, sealed and delivered
~'.n. e presence of:
kJ~
r~&U~ -
\rYW .Y'
Print WITNESS name
w~~-
W ACHOVIA BANK, NATIONAL ASSOCIATION
By:
p~
Print name
Title ~en/~("l
~
C:\Dc'c:umencs and Settingll\carl.barrctt\LoCRl Sett:ings\Tempor.arv Int.ernet: ~il"'s\OLK2\DATTON CLW
LLC Sl:ll:lOR'O 0905. doc ' , .'
~9/20/2005 12:29
7275956831
SIMDAG
PAGE 14
",
Print WITNESS name
ACKNOWLEDGMENT:
Easamant COn.!:lAnt & ~ubAr:Pioation
RE: Lot 1, Blk. A, BAVSIDE SUB NO.5
Grantor: Dalton Clearwater, LLC
Grantee: City of Clearwater, FI.
County of HiIIsborough
: ss
Stale of Florida
Sen ' B~FORl ME, the ~erSigned authority, personally appeared " , as
lor l,Ci. (PSI QD of Wachovia Bank, National Associatio hom, being duly authorized,
e~ecuted the foregoing instrument on behalf of said bank, who acknowledged th~ecution thereof to be
hlS.. free act and deed for the uses and purposes described therein, and who [V1Is personally known to me
or who [ ] did provide as identification.
Q) ~.~,......, MYCO~:~~~4054n
'. . EXPIRES: Aprl127, 2009
, " Sonad 1Iiru NolIiy PubIlc Underwrltels
Print Name
My Commission Expires:
C:\DocumenC$ and Seeein~s\e~rl.b~r.rett'Loc~l Setting$\Tamporary Internee FjlQs\OL~2\DATmON C:L'~
r..r..C SU!lORD 0905. doc . - '" .,.. ..
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
R~~T E . ~~~S , Managing Member of Simdag
Investments, LLC, a Florida limited liability company, Managing Member of
Dalton Clearwater, LLC, a Florida limited liability company, whom, being first duly
sworn, does depose and say:
1 . That Dalton Clearwater, LLC is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
. Lot 1, Block A, BA YSIDE SUB NO.5, according to the map or plat
thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records
of Pinellas County, Florida.
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")
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
& Security Agreement dated March 15, 2004 given in favor of Wachovia
Bank, National Association (hereafter, "Wachovia") as recorded in O. R.
Book 13436, Pages 1585 - 1608, Public Records of Pinellas County,
Florida, and that Second Mortgage & Security Agreement dated
November 1, 2004 also given in favor of Wachovia, as recorded in O. R.
Book 13967, Pages 1181 - 1191, 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
AFF: Dalton Clw LLC 0905.doc
Page 1 of 2
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 have been requested by the
CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon in connection with the granting of a drainage and utility easement
to encumber the above-described property.
Signed, sealed and delivered
I n the presence 0 .
DALTON CLEARWATER, LLC,
a Florida limited liability company
V'\..-
W NESS si~at~ ~
A" t.~ ~ u.)A4
Print Witness Name
II~~~~
1~~::~~~J
Print Witness Name
By: SIMDAG INVESTMENTS, LLC.
a Florida limited liability company
~: ~
Print Name _!20~E='.4-0iA5
Managing Member
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
<!' _ The foregoing instrument was acknowledged before me this a;;vlJ day of
~TEM~ , 200~by iPo6'8J..-T E. LydNS , Managing
Member of Simdag Investments, LLC, a Florida limited liability company,
Managing Member of Dalton Clearwater, 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
pur se~ therei expressed.
v1 ~ My Commission Expires:
No ry Public - State of Florida
Type/Print Name
~rSOnallY Known
[ ] Produced Identification
Type of Identification Produced
AFF: Dalton Clw LLC 0905.doc
Page 2 of 2
EXHIBIT "A"
THIS IS NOT A SURVEY!!
~
~
Scale 1 "=60'
&(VD
LEGAL DESCRIPTION:
From the southwest corner of Lot 1, Block A, of Bayside Subdivision #5, as
recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County,
Florida; thence N 12.34'30" E, along the west line of said Lot 1, 69.60 feet, to the
Point Of Beginning; thence continue N 12.34'30" E, along said west line, 23.21 feet;
thence N 33"32'54" E, 28.30 feet; thence N 60.26'41" E, 95.09 feet, to a point on
the north line of said Lot 1; thence S 54.25'30" E, along said north line, 16.53
feet; thence S 60.26'41" W, 98.46 feet; thence S 33"32'54" W, 40.80 feet; thence
S 83.40'46" W, 8.62 feet to the Point Of Beginning. Containing 2065.57 square
feet.
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING