WATER'S EDGE CONDOMINIUM ASSOCIATION OF CLEARWATER, INCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel I.D. No. 16-29-15-20358-001-0010
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008292675 10/2912008 at 10:41 AM
OFF REC BK: 16414 PG: 807-810
DocType:EAS RECORDING: $35.50
SIGNAL UTILITY EASEMENT
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, WATER'S EDGE CONDOMINIUM
ASSOCIATION OF CLEARWATER, INC., a Florida corporation not for profit ("Grantor"), having a principal
address at 331 Cleveland Street, Clearwater, Florida 33755, does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under, and across the
following described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 1, Block A, JOHN R. DAVEY SUBDIVISION, as recorded In Plat Book 1,
Page 87 of the Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part, containing 73.05 square feet, more or less, as more particularly
described and depicted In EXHIBIT "A" appended hereto and by this reference made a part
hereof ("Easement Premises").
This Signal Utility Easement (this "Easement") is for installation and maintenance of a traffic signal
control cabinet and related utility connections. The CITY OF CLEARWATER, FLORIDA shall have the right to
enter upon the above-described -Easement Premises to install and maintain therein the referenced utility control
cabinet and related utility connections, and to inspect, repair, alter and/or replace the same as it determines
necessary from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein.
It is expressly understood that this Easement is subject to the provisions of the Declaration of
Condominium of Waters Edge, a Condominium recorded in Official Records Book 16335, Page 11 of the Public
Records of Pinellas County, Florida (the "Declaration"), and that the Easement Parcel is a part of the common
elements of Water's Edge, a Condominium (the "Condominium"). Grantor and the condominium unit owners in
the Condominium shall retain all rights in the Easement Premises set forth in the Declaration that are not
inconsistent with the easement rights granted in this Easement. The CITY OF CLEARWATER, FLORIDA
covenants and agrees that, at all times during the exercise of rights granted herein, it shall maintain the Easement
Premises in a manner that does not prohibit or hinder reasonable access or use of the appurtenant Condominium
property by the unit owners in the Condominium and their permitted tenants, guests, or invitees, and that it shall
promptly restore the Easement Premises upon completion of any work activity undertaken in the exercise of these
rights.
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Grantor warrants and covenants with Grantee that (a) the Easement Premises is a part of the common
elements of the Condominium, (b) pursuant to the Declaration, Grantor has full right and lawful authority to grant
and convey this Easement to Grantee, and (c) Grantee shall have quiet and peaceful possession, use and
enjoyment of this Easement, subject to the provisions of the Declaration.
This Easement is binding upon Grantor, Grantee, the unit owners of the Condominium, and 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.
RD IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this
day of , S'Eoo rFP+drtc , 2008.
Signed, sealed and delivered
the presence of:
WATER'S EDGE CONDOMINIUM
ASS TI OF CLEARWATER, INC.,
a F rids ti9d!r Dt for profit
STATE OF FLORIDA
: SS
COUNTY OF HILLSBOROUGH :
Before me, the undersigned authority, personally appeared Julie Sanchez, as President of Waters
Edge Condominium Association of Clearwater, Inc., a Florida corporation not for profit, who, being duly authorized,
executed the foregoing instrument on behalf of said corporation, and who 96knowledged the execution thereof to
be her free act and for the use and purposes therein set forth, and who [ is personally known to me, or who [ ]
did proyid'e? „ as identification.
My commission expires:
Notary Public = Stdte of Florida
(AUrO 5 rn 4?N
Type/Print Name LAUREN SMITH
Notary Public, State of Florida
My Comm. Expires Nov. 15, 2008
No. DD586757
CADocuments and Settings\Ju1ie Senchez\Local Settings\Temporary Internet
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Print Witness Name
Sca/e > "= 5'
This is not a survey
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EXHIBIT '$A'
NORTH
CLEVELAND STREET
P. O. C. --?w
N.E. Corner Lot 1
N
N
0
(n
S. R/W Line
P. 0. B. <
N 90'00'00" E
17.31'
LOT 1 w
N 64. ?
1- -14
s?B. . w N
JoK ?
Basis Bearing Reference: per legal description of boundary survey by
Suncoast Land Surveying, Inc., Boundary & Topographic Survey,
Clearwater City Hall & Calvary Church Property, September 13, 2005,
(S01'22'45"E), along the Easterly boundary line of Lot 1, Block A.
John R. Davey Subdivision, as recorded in Plat Book 1, Page 87 of
the Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
Commence at the Northeast corner of Lot 1, Block A, John R. Davey
Subdivision, as recorded in Plat Book 1, Page 87 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part, and proceed S01'22'45"E, along the Easterly
boundary line of said Lot 1, Block A, a distance of 43.12 feet, to
the Southwest corner of the intersection of the Cleveland Street
Southerly Right of Way line with the Osceola Avenue Westerly Right
of Way line, said corner also being the POINT OF BEGINNING; thence
S01'22'45"E, along the Easterly boundary line of said Lot 1, Block A,
also being the Westerly Right of Way line of Osceola Avenue, a
distance of 8.44 feet; thence N64'15'56"W, a distance of 19.44 feet,
to a point of intersection with the Southerly Right of Way line of
Cleveland Street; thence N90'00'00"E, along the said Southerly Right
of Way line of Cleveland Street, a distance of 17.31 feet, to the
aforesaid POINT OF BEGINNING. Containing 73.05 square feet M.O.L.
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MORTGAGEE CONSENT, JOINDER AND SUBORDINATION
WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as
Administrative Agent for itself and certain other Lenders (herein, "Mortgagee"), is the owner and holder
of that certain Mortgage, Assignment of Rents and Security Agreement dated October 26, 2005,
recorded in Official Records Book 14700, at Page 1502, as modified by that certain Modification of
Mortgage dated October 2, 2007 recorded in Official Records Book 16026, at Page 2641, and as
further modified by that certain Modification of Mortgage dated May 30, 2008 recorded in Official
Records Book 16273, at Page 1779; and that certain UCC-1 Financing Statement recorded in Official
Records Book 14700, at Page 1568, all in the Public Records of Pinellas County, Florida (collectively,
the "Mortgage"). The Mortgage encumbers the "Easement Premises" as described in the foregoing
Signal Utility Easement as conveyed by Water's Edge Condominium Association of Clearwater, Inc., a
Florida corporation not for profit (herein, "Grantor") to the City of Clearwater, Florida, a Florida
municipal corporation (herein, "Grantee"), to be recorded in the Public Records of Pinellas County,
Florida; and Mortgagee does hereby consent to and joins in the grant of said easement by Grantor,
and does further subordinate its right, title and interest therein under the aforesaid Mortgage.
Signed, sealed and delivered WACHOVIA BANK, NATIONAL ASSOCIATION,
In the presence of: a national banking association
Witnjas$?eti?te S
yGa? II ? r-ryPirt
Print Witness name
esTnqture
tlIre I/
n . -T"C ?
rint Witness name
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
: ss
By: A'
Print Name .e r el-4 A . G o
Title 191repc?or
100 South Ashley Drive, Suite 950
Tampa, Florida 33602
,
The fore ing instrument was acknowledged before me Ths S day of AR4U5T
2008 by ae as 7i) / ce C Z of
Wachovia Bank, N oval Ass ciation, a national banking association, as Administrative Agent for itself
and certain other lenders, mortga ,gee in the above-described lien, who executed said instrument and
acknowledged the execution ereof to be his free act and for the uses and purposes therein
expressed, and who [ ] is personally known to me or who [ ] did provide
as identification.
M Commission Expires:
P lic State Flodda
, ,IANICEKTICE
e. t -x 7 1'6 e- A MY COMMISSION # DD 405477
rint Name EXPIRES: April 27, 2009
D, AQ ' Bonded Thru Notary Public Underwriters
MIADOCS 2969688 2
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