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1573 LLCfie! Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 21-29-15-00000-440-2000 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2008312792 11/20/2008 at 11:58 AM OFF REC BK: 16433 PG: 440443 DocType:EAS RECORDING: $35.50 11 DRAINAGE & UTILITY EASEMENT 11 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, 1573, L.L.C., a Florida limited liability company, whose principal place of business is 6985 First Avenue North, St. Petersburg, Fl. 33710 ("Grantor'), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), 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 the West '/z of the Southeast'/4 of the Southeast'/4 of Section 21, Township 29 South, Range 15 East, Pinellas County, Florida, as legally described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("easement premises") This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater improvements 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 appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any 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. 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. This easement is binding upon the Grantor, the Grantee, 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. U:\Easements\1573 LLC D & U EAS 0808.doc Page 2 - Drainage & Utility Easement Grantor: 1573, L. L. C. Grantee: City of Clearwater RE: 21-29-15-00000-440-2000 . IN WITNESS W?REOF, the undersigned grantor has caused these presents to be duly executed this day of 6k 6arz-- , 2008. Signed, sealed and delivered in the presence of: WIT ESS nat / 8 Print s ame ,We ret Print fitness Name STATE OF FLORIDA :SS COUNTY OF PINELLAS 1573, L. L. ., a Florida Ii ited liability company By: 1 Print Name: E. yNC .S4!Wll-t2La-D Ma ager of 1573, L. L. C. being duly authorized, executed the xecution thereof to be his free act and ly known to me, or [ ] who provided My commission expires: Before me, the undersigned authority, personally appeared as Manager of 1573, L L.C., a Florida limited liability company, whom, foregoing instrument on behalf of said entity, and who acknowledged the e deed for the use and purposes therein s and who, j is personal 0 as ide tification. Notary Type/Print Name Y Public State of Fbft P a Tina M Zt ft alt C su n DM20 e Expars WT21/1f116 Evf UAEasements\1573 LLC D & U EAS 0808.doc SECTION 21, TOWN3W 20 SW K RANGE 15 EAST E «Ap r LEGAL DESCRIPTION AND SKETCH OF PROPOSED 25 FOOT DRAINAGE EASEMENT THE NORTHERLY 25 FEET OF THE FOLLOWING DESCRIBED TRACT TO WIT: THAT PART OF THE WEST 1/2 OF THE SE 114 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE NORTH 758,05 FEET OF SAID WEST 112 OF SE 1/4 OF SE 1/4 AND RUNNING THENCE SOUTH 00'08'42" WEST ALONG THE EAST BOUNDARY OF SAID WEST 1/2 OF SE 1/4 140 FEET, THENCE SOUTH 74.12'09" WEST, 155.88 FEET TO THE NORTH- EASTERLY RIGHT-OF-WAY BOUNDARY OF COUNTY HIGHWAY /1 (ALSO HAVING BEEN ORIGINALLY KNOWN AS STATE ROAD 15?, THENCE NORTH 32'38'18" WEST ALONG SAID RIGHT-OF'-WAY BOUNDARY 280 FEET, THENCE SOUTH 79'5818 EAST 305.9 FEET TO THE POINT OF BEGINNING. \ Not Platted yo or k w R ?eQQinnin s '8'08'?g?E °Eia f}. er s'ECSE V 's, \ 105.90 ` \\ PROPpSEO 25' DRAINAGE EASEyENT c) `N 0.4 \ ?\ ~ o .7 \ PREPARED: 8/21/08 0 0 W? O Qo- ? N <\N '' eD N .O Not U /g 7?,p9 6 66, tted pia a 00 oa 0 0 C dip? THIS IS NOT A SURVEY ?I This Sketch and Legal Description was pr?r ed without the benefit of a tlh NOTE: Sketch and Lead Demotion not vagd without the signature and the II search and Is subject to all eoeements, Rl06-of-way, and other matter of record. arigkwl raised sod of o Florida Licensed Surveyor and Mapper. I herXreonest kstch and Lead Description Prepared by: represent eemente of Chapter 81Gt7-B. JOHN C. BRENDLA & ASSOCIATES, INC. eCONSULTING ENGII ERS AND LAND SURVEYORS 4015 82nd Avenue North BRE Pinellas Park, Florida 33781 g epletratlon No. 1269 phone (727) 576-7548 fax (727) 577-9932 r zatlon No. LB 760 currT , nr , MORTGAGEE CONSENT, JOINDER AND SUBORDINATION FIRST COMMUNITY BANK OF AMERICA, a federal stock savings bank, whose address is 61004 1h Street North, St. Petersburg, Florida 33703 (herein, "Mortgagee"), is the owner and holder of that certain Mortgage and Assignment of Rents dated March 14, 2008, recorded in Official Records Book 116182, at Page 1836 and at Page 1844, respectively, as modified by that certain Modification of Mortgage dated July 25, 2008 recorded in Official Records Book 16334, at Page 468, all in the Public Records of Pinellas County, Florida (collectively, the "Mortgage"). The Mortgage encumbers the easement premises as described in the foregoing Drainage & Utility Easement as conveyed by 1573, L. L. C., a Florida limited liability company (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 FIRST 90MMM41TY BANK OF ERICA, In the resence of: a fede all stoc s ving a k B: Y Witness signature Print Name ?? Cz• Bo7? Al pa K F ? J U-E / P L4- Title (G1Ja1. 922QZ EJ?V Pr' itness naffN 61004 th Street North Wills sl atur St. Petersburg, Fl. 3703 e-a Print Witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS: The foregoing ins rument was acknowledged _before me this ! y day of 0 40111 _ 2008 by as l rS.E,? of First Community Bank of America, a federal stock savings bank, mortgagee in the above-described lien, who executed said instrument and acknowledged the a ecution thereof to be hlS free act and deed for the uses and purposes therein expressed, and who [?] is personally known to me or who [ ] did provide as identification. My Commission Expires: LAURA J MALL MY COMMISSION # DD647084 EXPIRES March 05, 2011 (407) 398-0153 FloridaNotaryService.com CADocuments and Settings\sboyle\Local SettingsUemporary Internet Files\OLK6D\1573 LLC D U EAS 0808.doc i STATE OF FLORIDA COUNTY OF PINELLAS 11 AFFIDAVIT OF NO LIENS 1? : ss BEFORE ME, the undersigned authority, personally appeared ?- AyNC 5?J,60& , Manager of 1573, L. L. C., a Florida limited liability company, whom, being first duly sworn, does depose and say: 1. That, the above referenced entity is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: That part of the West '/z of the Southeast'/4 of the Southeast'/4 of Section 21, Township 29 South, Range 15 East, Pinellas County, Florida, described as follows: Beginning at the Southeast corner of the North 756.05 feet of said West 1/2 of the Southeast'/4 of the Southeast 1/4, and running thence South 00°08'42" West along the East boundary of said West % of the Southeast'/4 of the Southeast '/4, 140.00 feet; thence South 74°12'09" West. 155.86 feet to the Northeasterly right-of-way boundary of County Highway #1 (originally known as State Road 15); thence North 32°36'18" West along said right-of-way boundary, 280.00 feet; thence South 79°56'16" East, 305.90 feet to the Point of Beginning. 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 Rents, and other instruments of security dated March 14, 2008 given in favor of First Community Bank of America as recorded in Official Records Book 16182, at Page 1836 and 1844, respectively, of the Public Records of Pinellas County, Florida, as subsequently amended as provided in that Modification of Mortgage dated July 25, 2008 as recorded in Official Records Book 16334, at Page 468, of the Public Records of Pinellas County, Florida. UAEasements\1573 LLC D & U EAS 0808.doc a 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. That the representations embraced herein are for the OF CLEARWATER, FLORIDA, its agents, successors W?ES igna D rzf LD WITNESS rinted Name W ESS Si nature Ile, 1 e e- WITNESS Printed Name By: Print Name ose of inducing the CITY assigns to rely thereon. Swo to and subscribed to bef this day of , 200 a Public - of Florida My Commission Expires Print/Type N? tBry Public State of Piodds p Tlne M ZeW ('f-m -wif OD552505 UAEasements\1573 LLC D & U EAS 0808.doc Manager of 1573, L. L. C.