WILDER CORPORATION OF DELAWARE (2)FMkma..to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 16-29-15-16528-000-0020
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 20083127941112012008 at 11:58 AM
OFF REC BK: 16433 PG: 447-450
DocType:EAS RECORDING: $35.50
LANDSCAPING & UTILITIES 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,
WILDER CORPORATION OF DELAWARE, a Delaware corporation
authorized to conduct business in the State of Florida
2536 Countryside Boulevard, Suite 250, Clearwater FI. 33763
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive easement over, under, across and upon the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 2, CLEARWATER TOWER, as recorded in Plat Book 104, Pages 81 and
82 of the Public Records of Pinellas County, Florida, as depicted in EXHIBIT "A" and
being more particularly described in EXHIBIT "A", both appended hereto and by this
reference made a part hereof ("Additional Easement Area"), the same being appurtenant
to and an extension of that certain Easement Area conveyed by Grantor in that
Landscaping & Utilities Easement dated June 5, 2006 as recorded in O. R. Book 15292,
Pages 2204- 2208 of the Public Records of Pinellas County, Florida.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described Easement Area to remove existing paving, landscaping and utilities, and to reconstruct
thereupon and therein replacement paving, landscaping, utilities and architectural features (hereafter,
"improvements") in accordance with the 100% plans and specifications detailed in City of Clearwater
Project entitled "Cleveland Street Streetscape and Station Square Park" (City Project No. 03-0093-ED),
and to inspect and alter such improvements from time to time. In the 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.
Grantee further covenants and agrees with Grantor that it shall construct and install all
improvements in a workmanlike manner, and shall maintain reasonable access to Grantor's
appurtenant property at all times during the exercise of rights granted herein.
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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 are non-exclusive and shall run with the land, except that in the event Grantee
shall ever discontinue use of adjoining "Station Square Park" as a public park, or transfer ownership of
said public park, then in either event this easement shall terminate and all rights granted herein shall
cease as though they had never been conveyed by Grantor.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this_ 'I" day of O C- ?-o \- V e.- 12008.
Signed, sealed and delivered
STATE OF FLORIDA
COUNTY OF PINELLAS
: Ss
WILDER CORPORATION OF DELAWARE,
a Delaware corporation authorized to conduct
business in the State of Florida
Maurice F. ilder,
as its President
The foregoing instrument was acknowledged before me this ?R'day of O _ rz ,
2008 by Maurice F. Wilder, as President, Wilder Corporation of Delaware, a Delaware corporation
authorized to conduct business in the State of Florida, who executed the foregoing instrument on behalf
of said corporation, and who acknowledged the execution thereof to be his free act and deed for the
use a d purp they n ex ressed.
My Commission Expires:
NQtgry Public - a e of Florida
Type/Print Name
*.-0 , e
publicS,at, ofFlon a
* a " Mary Csrotanut Dp788792
ommis,
d'4 My.Cas0711812012
[Personally Known
[ ] Produced Identification
Type of Identification Produced
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WITAESS signature
Print Witness Name
Sco% 1'-30' ?? ??
This is not o survey EXHIBIT A
NORTH
LOT 2
CLEARWATER TOWER
Plat Book 104, Pages 81 & 82
Point Of Commencement
Southwest Corner Lot 2
N 88'30' 47"E
65.29' s
Rs.
Ap.
rn !?
J L2 J
Point Of Beginning
LLJ
Q
w LOT 1
0
ry
Q
CLEVELAND ST
Lea- Description
Commence at the Southwest Corner of Lot 2,
CLEARWATER TOWER, as recorded in Plat
Book 104, Pages 81 & 82 of the Public Records
of Pinellas County, Florida; run thence N
88°30'47" E, 65.29 feet; thence S 46°29'13" E,
26.40 feet; thence S 03°06'40" W, 8.89 feet;
thence N 88°47'08" E, 18.05 feet; thence S
01-30'25" E, 8.70; thence S 46°47'21" E, 16.88
feet; thence N 43°14'31" E, 11.37 feet; thence N
46°47'21" W, 13.83 feet; thence N 43°14'39" E,
2.46 feet; thence N 46°47'21" W, 16.75 feet;
thence S 01030'25"E, 10.76 feet to the point of
termination.
Containing 294.46 square feet (0.007 Ac.), more I
or less.
LINE TA BLE
LINE LENGTH BEARING
L1 8.89' S03'06'40"W
L2 18.05' N88'47'08"E
L3 8.70' S01 *30'25"E
L4 16.88' 546'47'21 "E
L5 11.37' N43'14'31 "E
L6 13.83' N46'47'21 "W
L7 2.46' N43'14'39"E
L8 16.75' N46'47'21"W
L9 10.76' S01'30'25"E
O.
11 CONSENT & JOINDER 11
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of the lien of mortgage created in that certain Mortgage & Security Instrument dated
March 4, 2003, as recorded in Official Records Book 12585, Page 612, et al, as modified on the 10th
day of March 2005 in that certain Mortgage Modification Agreement entered into between Mortgagor
and the undersigned Mortgagee, as recorded in Official Records Book 14310, Page 1753, el al, public
records of Pinellas County, Florida; does hereby join with Grantor/Mortgagor and consents to the grant
of easement as described in that certain Landscaping and Utilities Easement dated
0< f re,404 4 , 2008 as conveyed to the City of Clearwater, Florida; and hereby
- --sutsordinates-att of its-righrt; title, ;n`efes a „-in-the- -evidenco ---by-aforesaid-kmtruments as -
same may encumber the easement rights as conveyed by Grantor/Mortgagor.
Signed, sealed and delivered
In the presence of:
re
WACHOVIA BANK, National Association,
a national banking association
By:
Print Name
Title
Pri t Wiess name
u'W
it ianature. ,
Print Witdefssl name
STATE OF FLORIDA
: ss
-COUNTY OF
TheJregoing instrument was acknowledged b fore me this day of ,
2008 by 11??R1`! (\ \A) 4k-1 as S' of
WACHOVIA BANK, National As ation, a national banking association, mortgagee in the above-
described lien, who executed said instrument and acknowledged the exec Ion thereof to be h_ free
act and deed for the uses and purposes therein expressed, and who [ is personally known to me or
who[ ] did provide as identification.
Qx4a?' &Z,? My Commission Expires:
N a Public - Sta of Florida
I-JantrF__ K_ -r{' G
pe/Print Name
JANICE K. TICE
MY COMMISSION # DD 405477
t: a EXPIRES: April 27, 2009
Bonded Thru Notary Public Underweters
WEasements\WILDER CORP CONSENT & JOINDER 080808.doc
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared Maurice F.
Wilder, as President, Wilder Corporation of Delaware, a Delaware corporation
authorized to conduct business in the State of Florida, whom, being first duly
sworn, does depose and say:
1. That Wilder Corporation of Delaware is the owner of legal and equitable
title to the following described property in Pinellas County, Florida, to wit:
Lot 2, CLEARWATER TOWER, according to the map or plat thereof
as recorded in Plat Book 104, Pages 81 & 82, 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")
wa n 4-
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 4, 2003 given in favor of Wachovia
Bank, National Association, a national banking association (hereafter,
"Wachovia") as recorded in O. R. Book 12585, Page 612, et al, Public
Records of Pinellas County, Florida, as modified on the 10th day of March
2005 in that certain Mortgage Modification Agreement entered into with
Wachovia, as recorded in O. R. Book 14310, Page 1753, et al, 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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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
In the presence of:
?
V?ITNESS NiVgs,e
Priflt Witness Name
WILDER CORPORATION OF DELAWARE,
a Delaware corporation authorized to
-conduct busi ow-in-the State of Florida
i i NtSS slg wre
h?P 1 a??4
Print Witness Name
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
Maurice F. Wilder,
as its President
The foregoing instrument was acknowledged before me this day of
2008 by Maurice F. Wilder, as President of Wilder
Corporation o Delaware, a Delaware corporation authorized to conduct business
in the State of Florida, who executed the foregoing instrument on behalf of said
corporation, and who acknow dged the execution thereof to be his free act and
deed fohtho uses a ein expressed.
Public - StdteZo#-F` tla
Type/Print Name
[ Personally Known
[ J Produced Identification
Type of Identification Produced
My Commission Expires:
n? votary Public State of Florida
Mary Carotenuto
My Commission [)()788792
?orttico- cXpires071161201 2
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