BELLEVIEW BILTMORE COUNTRY CLUB CORPORATIONt.
Return to:
Earl Barrett
Engineering Department
City' of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 21-29-15-96480-000-0100
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009140553 05129/2009 at 08:55 AM
OFF REC BK. 16596 PG: 2363-2366
DocType:EAS RECORDING: $35.50
RECLAIMED WATER MAIN & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, BELLEVIEW BILTMORE
COUNTRY CLUB CORPORATION, a Florida not-for-profit corporation, One Country Club Lane, Belleair, Florida
33756-2070 ("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 parcel of land lying within Tract "A" of A REPLAT OF A PART OF THE TOWN OF
BELLEAIR, PINELLAS CO. FLORIDA, as recorded in Plat Book 19, Pages 87-90 of the Public
Records of Pinellas County, Florida and lying in Section 21, Township 29 South, Range 15
East as more particularly described and depicted in EXHIBIT "A", appended hereto and by
this reference made a part hereof ("Easement Premises")
This easement is for reclaimed water main and appurtenant utilities ("service facilities") installation
and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises to construct, install and maintain therein such service facilities, and to inspect and alter same
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 and any affected areas surrounding
the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the
same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. 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 matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and 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.
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In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the service
facilities 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 approval of
Grantee, shall provide an alternate easement for Grantee's service facilities, and shall at its sole cost and expense
reconstruct the service facilities within the alternate easement. Upon completion of the service facilities relocation
Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of
Pinellas County, Florida.
Grantor shall hold harmless and indemnify Grantee if the Grantor's secured lien holder, Suntrust Bank, a
Georgia banking corporation, should fail to timely consent to and join with Grantor in conveyance of easement
described herein, and further 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 perpetual and irrevocable and shall run with the land, except upon termination by written
mutual agreement of both parties hereto, or by abandonment of the easement premises by Grantee, whereupon in
each such instance this easement shall terminate and become null and void in all respects as though it had never
been granted.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
LL day of A'M i L 12009.
Si ned, sealed and delivered BELLEVIEW BILTMORE COUNTRY CLUB
n the resence of: CORPORATION, a Florida not-far-profit
corporation
NESS signat
LAI J11 *o- 14,11 By: ?-?
Priat,Witness Name_
Print Name Herbert McLachlan
WITNESS si ature
?u1 ?? a , 5 U ANN S ?'?
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
: SS
Title CEO - President
Before me, the undersigned authority, personally appeared gel l-6 Me-LA C{1[Gn/
as 3495 10 + -- O of BELLEVIEW BILTMORE COUNTRY CLUB CORPORATION,
a Florida not-for-profit corporation, who executed the foregoing instrument on behalf of said corporation, and who
acknowledged the execution thereof to be h_ free act and deed for the use and purposes herein set forth, and
who [ Is personal) known to ho [ ] produced as identification.
My commission expires:
Notary Public - State of lorida
041ne M. &0&h I
Type/Print Name
,Vpyq,? FL.AINE M, WAR
- _ ?? ?;i?^,4MISSI?.)N ?t 00552268 11
E01RES:'aeptember 4, 2010
r Boncad rhru Notary Public underwriter:
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CONSENT & JOINDER
The undersigned Lien holder, owner and holder of an equitable interest in the real property described herein as
referenced in that certain Non-Taxable Agreement Not To Encumber Or Transfer Property dated January 31,
2002 by and between BELLEVIEW BILTMORE COUNTRY CLUB CORPORATION, a Florida not-for-profit
corporation and undersigned Lien holder, as same is recorded in 0. R. Book 11820, Pages 2148 - 2152 of the
public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement to
the City of Clearwater as conveyed in the herein described Reclaimed Water Main & Utilities Easement as same
shall encumber a portion of Tract "A" of A REPLAT OF A PART OF THE TOWN OF BELLEAIR, PINELLAS CO.
FLORIDA, as recorded in Plat Book 19, Pages 87-90 of the Public Records of Pinellas County, Florida and lying
in Section 21, Township 29 South, Range 15 East as more particularly described and depicted in EXHIBIT "A",
Pages 1 and 2, appended hereto and by this reference made a part hereof ("Easement Premises"), and
Mortgagee does hereby subordinate all of its right, title, interest and claim in the aforementioned lien to the
easement rights Grantor has conveyed therein.
Signed, sealed and delivered
in the presence of:
9j 0--
'tness signature ?
o .QfT !?? /urNer?
P itness name
I signatur
I 4e _/7
Print Witness name
STATE OF _ZVr'/OA
ss
COUNTY OF Able 11a5
The foregoing instrument was acknowledged before me this day of Y ,
2009 by r tAlo ?Cc?lO __ _ , as , 9uL5&, z74? e of
Suntrust Bank, a Georgia banking corporation, lien holder in the above-described lien, who executed
this instrument and acknowledged the execut' n thereof to be hgr 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:
to Public - State
J ' CATKRIK J. QKFX
Type/Print Name N§WV Pvbk - *4 of Fbft
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POINT OF COMMENCEMENT SKETCH AND DESCRIPTION SEC. 21, TWP. 29 S., RGE. 15 E.
NORTHWEST CORNER POINT OF BEGINNING
TRACT "A"
CORBETT ST.
(EAST "A" ST. PER PLAT) S 8910'44" E
'
- - 20.00
_
NORTH LINE TRACT "A" S 8910'44" E 844.93'
BASIS OF BEARI `-
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d W F TRACT "A"
PLAT BOOK 19, PAGE 87-90 CSI -I o?' 1? N c14
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DESCRIPTION: 0
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C3 A PARCEL OF LAND LYING WITHIN TRACT "A" OF
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A REPLAT OF A PART OF TOWN OF BELLEAIR, /
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PINELLAS CO. FLORIDA, AS RECORDED IN PLAT BOOK •
+ 10
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' 19, PAGES 87-90 OF THE PUBLIC RECORDS OF PINELLAS °1
a
- COUNTY, FLORIDA AND LYING IN SECTION 21, TOWNSHIP 1
29 SOUTH, RANGE 15 EAST AND BEING FURTHER , `%j
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT;
3`
THENCE ALONG THE NORTH LINE OF SAID TRACT q?1 1
50 25 0
1
t
1
SOUTH 89'10'44" EAST, A DISTANCE OF 844.93 FEET TO Q/
?
`
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED .Q1 1
PARCEL; THENCE CONTINUE ALONG SAID NORTH LINE
'
'
' ?< <1tS SCALE11'-50'
SOUTH 89
10
44
EAST, A DISTANCE OF 20.00 FEET; z1 1
THENCE DEPARTING SAID NORTH LINE
'
'
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SOUTH 00
02
45
WEST, A DISTANCE OF 12.62 FEET;
'
"
THENCE SOUTH 21'12
19
WEST, A DISTANCE OF 50.58
FEET; THENCE SOUTH 12'00'48" WEST, A DISTANCE OF
205
80 FEET
THE
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N
UTH 34
40
29
EAST, A
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DISTANCE OF 16.29 FEET; THENCE ?
NORTH 55'19'31" EAST, A DISTANCE OF 20.00 FEET; `. 10.'x"
ti ?
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THENCE SOUTH 34'40'29" EAST, A DISTANCE OF 40.00 \
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FEET, THENCE SOUTH 55'19'31" WEST, A DISTANCE OF
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7,
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20.00 FEET; THENCE SOUTH 34
40
29
EAST, A -
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DISTANCE OF 38.76 FEET; THENCE
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SOUTH 55
19
31
WEST, A DISTANCE OF 20.00 FEET; `
?y u* ??S
THENCE NORTH 34'40'29" WEST, A DISTANCE OF 103.69 ti 'r' 0\
FEET; THENCE NORTH 12'00'48" EAST, A DISTANCE OF A0 \
215.04 FEET; THENCE NORTH 21'12'19" EAST, A
DISTANCE OF 48.45 FEET; THENCE -`? F.'
NORTH 00'02'45" EAST, A DISTANCE OF 9.16 FEET TO A ?` G.cp
POINT ON THE AFORESAID NORTH LINE OF SAID TRACT ?9
AND THE POINT OF BEGINNING. S 56
CONTAINING 8,214 SQUARE FEET, MORE OR LESS.
GENERAL NOTES:
1: THIS DRAWING REPRESENTS A SKETCH OF DESCRIPTION AND IS NOT A
BOUNDARY SURVEY.
2: THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY
THE UNDERSIGNED SURVEYOR AND MAPPER.
&ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO THE NORTH LINE OF
TRACT "A" HAVING A BEARING OF SOUTH 89'10'44' EAST.
A-A
*1$?Nn<W&CMM
1365 Hamlet Avenue
Clearwater, Florlda, 33756
Phone, (727)442-7196, Fax, (727)461-3827
Certificate of Authorizatfon No. LB6566
Intcrnat 91tet hitpi//www.mckimcreecl.com
---------------
RL?W. RAMER r
EA
PROFESSIONAL SURVEYOR & HAPPER
FLORIDA CERTIFICATE NO. LS 3612
NOT A SURVEY
DATES 12-2-08
MCE PROD. NO. 992-198
DRAWN JMA
CHECKED EWR
SHEET 1 ?F 1
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared Edward J Shaughnessy, as
Chief Operating Officer of BELLEVIEW BILTMORE COUNTRY CLUB CORPORATION, a Florida
not=for-profit corporation, whom, being first duly sworn, does depose and say: -
That above described corporation is the owner of legal and equitable title to the following
described property in Pasco County, Florida, to wit:
A parcel of land lying within Tract "A" of A REPLAT OF A PART OF THE TOWN
OF BELLEAIR, PINELLAS CO. FLORIDA, as recorded in Plat Book 19, Pages 87-
90 of the Public Records of Pinellas County, Florida and lying in Section 21,
Township 29 South, Range 15 East as more particularly described and depicted
in EXHIBIT "A" appended hereto and by this reference made a part hereof
("Easement Premises")
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".
If no entry, it will be deemed that "NONE" has been entered.)
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 in that certain Non-Taxable Agreement
Not To Encumber Or Transfer Property dated January 31, 2002 given in favor of Suntrust
Bank, a Georgia banking corporation as recorded in O. R. Book 11820, Pages 2148 -
2152, 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.
That there are no outstanding sewer service charges or assessments payable to any
government.
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
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granting of a reclaimed water main and utilities easement to encumber the above-
described property.
Signed, sealed and delivered
In the DresQice of: --?
G 04104q yy ?i¢N c7V?
Print Witnes Name
IT E S si natu
49
Pnn Witness Name
STATE OF FLORIDA
: Ss
COUNTY OF PINELLAS :
Thy foregoing instrument was
lfir , 2009 by__
BELLEVIEW BILTMORE COUNTRY CLUB
CORPORATION, a Florid not-for-profit corp tion
By: 1451k VU
Print Name -Edward J Shaughnessy
Title -Chief Operating Officer.
J
ed before me this r day of
as i i 2. v of BELLEVIEW BILTMORE COUNTRY
CLUB CORPORATION, a F ida ot-for-profit corporation, who did execute the foregoing
instrument on behalf of said corporation and who acknowledged the execution thereof to be
h free act and deed for the uses and purposes therein expressed, and who [ L.?K personally
known me, duce as identification.
My Commission Expires:
otary Public - State orida
Type/Print Name
=?.?Y'ry, ? ELAINE :MWAH
M. L
9: :. MY COMMISSD 552288
EXPIRES: Se r a, 2010
Bonded Thru NotaUnderwriters
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