CLEARWATER HOSPITALITY PROPERTIES, LLCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 15-29-15-16830-003-0010
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008292676 10/2912008 at 10:41 AM
OFF REC BK: 16414 PG: 811$15
DocType:EAS RECORDING: $44.00
11 FIRE HYDRANT & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt
of which is hereby acknowledged, and the benefits to be derived therefrom,
CLEARWATER HOSPITALITY PROPERTIES, L.L.C., a Delaware limited liability company
c/o The Clarkson Company
3100 University Boulevard South, Suite 200, Jacksonville, Fl. 32216
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive 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 11, Block C, COACHMAN HEIGHTS REPLAT, according to the map or
plat thereof as recorded in Plat Book 20, Page 26, Public Records of Pinellas County,
Florida, together with the South half of vacated Haven Street abutting thereon, as more
particularly described and depicted in WilsonMiller Legal Description and Sketch thereof
dated 9110108 as appended hereto and by this reference made a part hereof.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary a fire hydrant and
potable water service line and all related utilities (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.
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.
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IN WITNESS! WHEREOF, the undersigned grantor has caused these presents to be duly
executed this day of ?5'eafembeh , 2008.
CLEARWATER HOSPITALITY PROPERTIES, L.L.C., a
Delaware limited liability company
By: Clearwater Properties, Intermediary, L.L.C., a
Delaware limited liability company, its managing
member
BY: Southeast Hospitality Properties, L. L. C., a
Delaware limited liability company, as Sole
Member
By: Clarkson Platform Venture I, L.L.C.,
a Florida limited liability company, as
Administrative Member
Signed, sealed and delivered
in the presence of:
WITNESS signature
Print Witness Name
WITN SS sig ture
?l
Print Witness Name
STATE OF FLORIDA:
. as
COUNTY OF DUVAL:
The foregoing instrument was acknowledged before me this 'I day of -5eP-F Oi 1) e r
2008 by Robert W. Clarkson, as President of The Clarkson Company, Manager of Clarkson Platform
Venture I, L.L.C., the Administrative Member of Southeast Hospitality Properties, L.L.C., which is the
sole member of Clearwater Properties Intermediary, L.L.C., which is the managing member of
Clearwater Hospitality Properties, L. L. C., a Delaware limited liability company, who executed the
foregoing instrument on behalf of said limited partnership, and who acknowledged the execution
thereof to be his free act and deed for the uses and purposes therein expressed, and who [ ?f is
personally known to me or who [ ] provided as identification.
My Commission Expires: 5-1, 3IDOC'q
.ti T.4RY PUBLIC-STATE Qt: l°!..:;
r Hoge A.
Commission M"4130"
Expires: MAC' 13, ) 1
Boaded Thru Atlantic Bon?u:q ; Je,
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By: The Clarkson Company, a
Florida corporation, as Manager
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DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY
Description:
THAT PART OF:
Lot 11, Block C of Coachman Heights Replat according to the map or plat thereof as
recorded in Plat Book 20, page 26 of the Public Records of Pinellas County, Florida,
together with the South half of vacated Haven Street abutting thereon.
LYING WITHIN THE FOLLOWING METES AND BOUNDS DESCRIPTION:
Begin at the Northeast corner of Lot 11, Block C of Coachman Heights Replat according
to the map or plot thereof as recorded in Plat Book 20, page 26 of the Public Records
of Pinellas County, Florida, and run thence SOO'03'20"W, along the West right-of-way line
of Ewing Avenue (a 30' platted street), 2.00 feet; thence departing said right-of-way line,
N88'59'11"W, 57.44 feet; thence S4649'30'W, 24.67 feet; thence N88'59'11"W, 56.72 feet; thence
N4410'30rW, 31.96 feet; thence N4&49'30'E, 15.00 feet; thence S44'10'3d'E, 25.78 feet; thence
S88'5911"E, 44.29 feet; thence N45'49'3d'E, 27.49 feet; thence S8959'11"E, 61.41 feet to a
point of intersection with the aforementioned West right-of-way line of Ewing Avenue; thence
S00'03'20"W, along said West right-of-way line, 15.00 feet to the POINT OF BEGINNING.
Containing 0.060 acres (2,592 square feet), more or less.
NOTES:
1. THIS DESCRIPTION SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
EMBOSSED RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER STATED
BELOW.
2. THIS DESCRIPTION SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION.'
THIS MUST BE CONSIDERED WHEN OBTAINING SCALED INFORMATION.
PROJECT. DOWNTOWN CLEARWATER RESIDENCE INN - UTILITY EASEMENT
CLIENT: THE CLARKSON COMPANY
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CONSENT & JOINDER
Capmark Bank, a Utah industrial bank the undersigned Mortgagee, owner and holder of an
equitable interest in the real property described herein by virtue of that certain mortgage lien described
and created in the Mortgage, Assignment of Leases and Profits, Security Agreement and Fixture Filing
from Clearwater Hospitality Properties, L.L.C., as Borrower, and Clearwater Hospitality Operations,
L.L.C., as Accommodation Mortgagor (collectively, "Mortgagor"), and other instruments of security
dated September 11, 2007, as recorded in Official Records Book 15975, Pages 258-334, Public
Records of Pinellas County, Florida, does hereby join with said Mortgagor and consents to the grant of
easement as described in that certain Fire Hydrant and Utility Easement dated September 10, 2008 as
conveyed to the City of Clearwater, Florida; and hereby subordinates all of its right, title, interest and
claim in the lien evidenced by aforesaid instrument, and all other instruments of security as described
therein, to the easement rights as conveyed by Grantor.
Signed, sealed and delivered
In the presence o
Witness signature
Fra k J. Guzauskas
AIV6 s signa
Elizabeth M. Wilczek
STATE OF ILLINOIS
ss
COUNTY OF COOK
CAPMARK BANK, a Utah industrial bank
By:
Print me Denis M. rowski
Title Vice Preside t
The foregoing instrument was acknowledged before me this 10th day of September,
2008 by Denise M. Koprowski, as a Vice President of Capmark Bank, a Utah industrial bank,
mortgagee in the above-described lien, who executed said instrument and acknowledged the execution
thereo be her free act and deed for the uses and purposes therein expressed, and who is
personalty k o me.
1?--? My Commission Expires: 06/22/2012
Notary Public - tate of Illinois
Todd Paradis
Type/Print Name
OFFICIAL SEAL
TODD PAWIS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES. 6122112
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA :
: ss
COUNTY OF DUVAL :
BEFORE ME, the undersigned authority, personally appeared Robert W.
Clarkson, as President of The Clarkson Company, a Florida corporation, as Manager of
Clarkson Platform Venture I, L.L.C., a Florida limited liability company, as Administrative
Member of Southeast Hospitality Properties, L.L.C., a Delaware limited liability company,
Sole Member of Clearwater Properties Intermediary, L.L.C., which is the managing
member of Clearwater Hospitality Properties, L. L. C., a Delaware limited liability
company, whom, being first duly sworn, does depose and say:
1. That said limited company is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
COACHMAN HEIGHTS REPLAT, Block C, Lots 1, 11 and 12 and the
South Y2 of vacated Haven Street on the North, and that part of Lots 2, 3,
13, 14, 15, 16, 17 and 18 lying northeasterly of Court Street Right-of-Way
according to the map of plat thereof as recorded in Plat Book 20, Page 26,
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, 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 "NONE" has been entered.)
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 Mortgage, Assignment of Leases and Profits, Security Agreement and
Fixture Filing, all other instruments of security dated September 11, 2007 given in favor
of Capmark Bank, a Utah industrial bank, as recorded in Official Records Book 15975,
Pages 258 - 334 of the Public Records of Pinellas County, Florida, and operating lease
to Clearwater Hospitality Operations, L.L.C.
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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.
WITNESS Signature
WITNESS Printed Name
WIT S Si ature _
WITNESS Printed Name
1
Sworn to and subscribed to before me this 10?? day of ? mb?
20
N Dry Public - S a Florida My Commission Expires
Prin ype Name Nnwny PLIBUC STATE OF FiOR '.1
r Hope A.W'ier
Commission *DD41.c-i31
.0p1m: MAY 13; 20,'9
Bonded Thm Ailantic Bonding CO- Lnc,
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