G & I VI BAY COVE LLCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
RO. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No, 20-29-16-00000-230-0400
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009252190 09/23/2009 at 02:04 PM
OFF REC BK: 16706 PG: 1019-1023
DocType:EAS RECORDING: $44,00
DRAINAGE & 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, G&I VI Bay Cove, LLC, a Delaware limited liability
company(" Grantor"), c/o DRA Advisors, LLC, 220 East 42nd Street, 27th Floor, New York, New York 10017, 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 Pinclas, State of Florida, to wit:
A thirty-five foot (35.00') Drainage and Utility Easement over and across the North thirty-five feet
(35.001)being depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof
("Easement Premises") of the following described property:
Government Lot Two (2), less the North 825.00 feet, and less the West 149.00 feet roads rights of way
thereof, lying in Section 20, Township 29 South, Range 16 East, City of Clearwater, Pinellas County,
Florida (the "Property").
]'his easement is for drainage and utility installation and maintenance only, The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the Easement Premises to constrict, install and maintain therein certain
drainage Improvements in accordance with 100% plans and specifications for Grantee's Tropic Hill Drainage
Improvement Project 99-0018-EN, which is incorporated herein and make a part hereof by reference, and to inspect,
alter and replace as necessary such drainage improvements from time to time within the Easement Premises. Grantee
shall have the reasonable right of ingress and egress to the Easement Premises as reasonably necessary over and across
Grantor's land contiguous and immediately adjacent to the Easement Premises for the purposes of exercising the rights
herein granted, for the safe and efficient installation, operation and maintenance of Grantee's facilities, and for the
enjoyment and use of said Easement Premises for the purposes herein described. 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 property at all times during the exercise of rights granted herein for Grantor, its tenants,
guests, contractors, invitees 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 the project as referenced herein in a timely manner,
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
Easement Prcmises, 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
casement.
Grantee, to the extent permitted by Florida Statues 768.28, agrees to indemnify, defend and hold harmless
Grantor from and against claims, demands, actions, judgments, injuries, damages, losses, costs and expenses,
including without limitation attorneys' and professional's fees, resulting from or related to Grantee's or Grantee's
employees, agents and/or invitees negligence in the use or occupation of the Easement Premises or .Property.
129383.00401/21697441 v,4
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
creating third party beneficiaries or as consent by the Grantee to be sued by third parties in any manner arising from
this grant of easement.
Any use, maintenance, repair, replacement, or modification Grantee performs on the Easement Premises in
conjunction with this Drainage and Utility Easement shall be performed in a manner so as to minimize interference with
the use and enjoyment of the Easement Area and Property by Grantor.
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.
IN WI NESS HEREOF, the undersigned grantor has caused these presents to be duly executed this
day of?, 2009.
G&I VI BAY COVE LLC, a Delaware limited liability company
By: G&I VI Mezz Wrangler LLC, a Delaware
limited liability company, its sole member
By: G&I VI Wrangler LLC, a Delaware limited liability
company, its sole member
By: G&I VI Investment Wrangler
LLC, a Delaware limited liability company,
its managing member
By:
Name: Joan ;1;?n
Title: We President
STATE OF NEW YORK )
)ss:
COUNTY OF NEW YORK ) _\\ rn{
foregoing instrument was acknowledged, this day of 2009 liy3P tl ^e 4s
the + of G & I VI Investment Wrangler LLC, a Delawar limited liability company, the managing
member of G&I VI Wrangler LLC, a Delaware limited liability company, the sole member of G&I VI Mezz Wrangler
LLC, a Delaware limited liability company, the sole member of G&I VI Bay Cove LLC, a Delaware limited liability
company, on behalf of the company.SHe (f) is personally known to me or ( ) has produced
as identification.
NOTARY PUBLIC I DENISE eme
Notary RMC - scare of MM York
NO. 01806195879
[Notarial Seal] AuaNIWO In RIChmdnd County
ConvnMlon EXPkM Nov 3. 2012 [it
Kay) 15. e- Du
Printed Name of Notary
129383.00401 /21697441v.4 2
CONSENZ JOINDER
RED Mortgage Capital, Inc., an Ohio Corporation, as Attorney-in-Fact for FANNIE MAE, a corporation
organized and existing under the Federal National Mortgage Association Charter Act, 12 U. S. C. §1716, et sea., as
amended from time to time, being owner and holder of an equitable interest in the real property described herein by
Virtue of that certain Assignment of Mortgage made and entered into as of March 3, 2008, with RED MORTGAGE
CAPITAL, INC., an Ohio corporation, as recorded in Official Records Book 16179, Pages 2676 -2682 of the public
records of Pinellas County, Florida; does hereby Join with Grantor and consents to the grant of easement as conveyed in
the herein described Drainage & Utility Easement as same shall encumber the real property more particularly described
in said instrument, and does hereby subordinate all of its right, title, interest and claim in the aforementioned lien interest
to the easement rights Grantor has conveyed therein.
RED Mortgage Capital, Inc., an Ohio Corporation, as Attorney-
in-Fact for FANNIE MAE, a corporation organized and existing
under the Federal National Mortgage Association Charter Act,
12 U.S.C. §1716, et seq., as amended from time to ' e.
B
Name
Title
STATE OF O y\k )
ss:
COUNTY OF-. h )
The fo,xoin instrument was acknowledged- before me this Q day of -:r(I 2009, by
e4rrcj ft-9 I& _,__, as U fc-'PfaS ide- A`l-- of RED Mortgag Capital, Inc., an Ohio
Corpora ' n, as Attomey-in-Fact for FANNIE MAE, a corporation organized and existing under the Federal National
Mortgage Association Charter Act, 12 U.S.C. 51716, et seg., mortgagee in the above-described lien, who executed said
instrument and acknowledged the execution thereof to be the free act and deed for the uses and purposes therein
expressed, and who [kris personally known to me, or who [ did provide
as Identification.
NOTARY PUBLIC
`"?`?aunu?u?$
2p $.
Gob
NOWY Pft '%°f
FltON 0217.2014
129383.00401/21697441v.4
EXHIBIT "A"
(Page 1 of 2)
Ba Cove Apartments - 35' Drainage & Utility Easement
Legal Description
A thirty-five foot (35.00') Drainage & Utility Easement over the North thirty-five feet (35.00')
of the following described property:
Government Lot Two (2), LESS the North 825.00 feet, and LESS the West 149.00 feet
roads rights of way thereof, lying in Section 20, Township 29 South, Range 16 East, City of
Clearwater, Pinellas County, Florida.
.Scale 1 "=300 ' EXHIBIT "A"
This is not o survey
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BAY COVE APARTMENTS am-TWN- m
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