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D PAUL & BARBARA J HAAGSMAReturn to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 RE: Parcel I. D. 16-29-16-00000-230-0100 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010026752 0112912010 at 01:32 PM OFF REC, EAS R16817 PG' ECORDING-8$52.50 DocType ype-BLANKET 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, D. PAUL HAAGSMA and BARBARA J. HAAGSMA, husband and wife, whose mailing address is 1320 Gulf Boulevard, Belleair Shore, Fl. 33786-3352 ("Grantor"), do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A ten-foot (101 easement Ivina five feet (51 each side of all, water mains, all appurtenant meters hydrants, valves and all other related infrastructure- collective) the "facilities" but excludin all facilities that may lie under structures or within five feet 5' of structures as such facilities are now constructed and existin or as ma be constructed or reconstructed hereafter within and upon that certain real roe lying and bein situate in the Northwest % of Section 16, Township 29 South Ran a 16 East Pinellas County, Florida as more particularly described and depicted in EXHIBIT "A" 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 any and all potable water facilities as provided by law, and in compliance with Chapter 32, Clearwater Code of Ordinances, as same may be amended from time to time. Grantee shall have full authority to inspect and alter all such 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. By acceptance of the rights conveyed herewith, Grantee further represents and warrants that it shall diligently pursue the completion of all permitted work activities in a timely and workmanlike manner. Grantor retains responsibility to install, construct, maintain and replace all elements of all facilities that are not obligations of Grantee as provided by this easement, by law and/or by the Clearwater Code of Ordinances. 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. 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 CADocuments and Settings\trauck\Local Settings\Temporary Internet Files\Content.Outlook\JRB7BDIK\HAAGSMA BLKT WM UTILS EAS 121509.doc and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents, contractors and/or invitees use and 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. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities within the easement premises, or any portion thereof, 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 reconstruct any such facilities at Grantor's sole cost and expense. 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. IN WITNESS WHER F, the undersigned Grantor has caused these presents to be duly executed this ? day of ?g C? ?`7 , 20 0'?K Lit, f' A 1i if-, D. Paul H gsma ?j -d Barbara gsma STATE OF FLORIDA COUNTY OF PINELLAS : SS The foregoing instrument was acknowledged before me this N day of IaQ 20_L-?g by D. Paul Haagsma, a married man, who executed the foregoing instrument and who acknowledged the a ution thereof to be his free act and deed for the uses and purposes therein expressed, and [ who is personally known to me, or [ ] who has produced '1? -? A as identification. My Commission Expires: Nota blic - State lorida 1 Prin Notary Name DARIA BUSCBMA Commission # DD 926059 F' Expires mN Troy FNn lmat 2NO.385 roes CADocuments and Settings\trauck\Local Settings\Temporary Internet Files\Content.Outlook\JRB7BDIK%UAGSMA BLKT WM UTILS EAS 121509.doc Signed, sealed and delivered STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of Lp, 20_6?Ej by Barbara J. Haagsma, a married woman, who executed the foregoing instrument and who acknowledged qo4ution thereof to be her free act and deed for the uses and purposes therein expressed, and [ ho is personally known to me, or [ ] who has produced as identification. otarv Pidblic - State of Florida My Commission Expires: Print N tary Name ;,; , t,= C,unz Es or # DD 926059 rat Lpires October 24, 2013 - ';` SnnAnd I'!?xnlnlxwbeB009B&7019 C\Documents and Settings\trauck\Local Settings\Temporary Internet Piles\Content.OutlookURB7BDIK\HAAGSMA BLKT WM UTILS EAS 121509.doe F CONSENT & JOINDER IN GRANT OF EASEMENT The undersigned Mortgagee, being owner and holder of an equitable interest in the real property described herein by virtue of the lien created and imposed by that certain Mortgage and related instruments of security dated August 3, 2009 given to Mortgagee by D. Paul Haagsma and Barbara J. Haagsma, husband and wife ("Mortgagor/Grantor"), as recorded in Official Records Book 16670, at pages 2050 - 2059, Public Records of Pinellas County, Florida. The undersigned Mortgagee does hereby join with the aforesaid Mortgagor/Grantor in the grant of easement as documented in the herein described Blanket Water Main and Utilities Easement conveyed to the City of Clearwater, Florida ("Grantee"); and hereby consents to said grant of easement and subordinates all right, title, interest and claim in the lien evidenced by the aforesaid Mortgage and related instruments of security to the easement rights as conveyed to Grantee by said Mortgagor/Grantor. PATRIOT BANK, a Florida corporation for profit By: Print Named Title V ? cam- STATE OF FLORIDA COUNTY OF PASCO : ss thi day of , The fore oiTn i trum t as acknowledged b fo r" r94 6WLet- 20A by ?Cd1T M as of Patriot Bank, a Florida corporation for profit, who executed the foregoing , strument b a on behalf of said corporation, and who acknowledged the /execution thereof to be h 6 free act and deed for the uses and purposes therein expressed, and [N who is personally known to me, or [ ] who provided NOTARY MtjC-STATE OF FLO»A as identification.--. Cathleen J. Fitzgerald Commission # DD758600 ?,,,, ,' Expires: APR. 05, 2012 L[? My Commission Expires: -LIMP I Notes, Publye-JSt#e ef Florida Type/Print Name C_\Documents and Settings\trauck\Local SettingsUemporary Internet Files\Content.OutlookURB7BDIK\HAAGSMA BLKT WM UTILS EAS 121509.doc Signed, sealed and delivered In the presence of: EXHIBIT "A" (Page 1 of 2) LEGAL DESCRIPTION The East '/z of the Southwest '/4 of the Northwest '/4 LESS the South 5 acres and LESS BAYVIEW TERRACE, and the South 10 feet of the South Y2 of the Southeast'/ of the Northwest '/4 of the Northwest '/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. LESS the following 4 parcels: Pnrr_al 1 The West 117 feet of the East 150 feet of the East '/ of the Southwest '/4 of the Northwest % of Section 16, Township 29 South, Range 16 East, less South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 2. The East 150 feet of South 10 feet of South '/2 of the Southeast '/a of Northwest '/4 of Northwest '/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Parr_aI A The West 12 feet of the East 162 feet of the East '/z of the Southwest Y of the Northwest Y4 of Section 16, township 29 South, Range 16 East, LESS the South 5 acres and less BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida_ Parcel 4. The West 12 feet of the East 162 feet of the South 10 feet of the South '/2 of the Southeast % of the Northwest % of the Northwest % of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Scale.- 7 "_ 100' EXHIBIT "A" This is not c survey NORTH (Page 2 of 2) CLEVELAND STREET cc U CHERRY LANE Q 0 w KENTUCKY AVENUE AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS : ss BEFORE ME, the undersigned authority, personally appeared D. Paul Haagsma and Barbara J. Haagsma, husband and wife, whom, being first duly sworn, do depose and say: That they are the owners of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion of the Northwest '/. of Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, as more particularly described in EXHIBIT "A" appended hereto and by this reference made a part hereof. 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 Afflant has entered `NONE") 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 and related instruments of security dated August 3, 2009 given in favor of Patriot Bank, a Florida corporation for profit, as recorded in O. R. Book 16670 at page 2050 - 2090, of the public records of Pinellas County, Florida. 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. CADucwnents and Settings\trauck\Local Settings\Temporary Internet Files\Content.OutlookURB7BDIK\HA.AGSMA BLKT WM UTILS BAS 121509.doc 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for OF CLEARWATER, FLORIDA, its agents, successor Printed Name WITNESS Sianature WITNESS Printed Name purpose of inducing the CITY assigns to rely thereon. D. Paul Haagsma Barbara J. 'Leo Sworn to and subscribed to before me this day of 4 My Commission Expires DARIA BUSCEMA :q Commission # DD 92 0059 2013 ires October 24 Ex . , p r7t Bonded TM T" Fein IngUeN ce 800-M 1010 CADocumcnts and Settings\trauck\Local Settings\Temporary Internet Files\Content.OutlookURB7BDIK\HAAGSMA BLKT WM UTILS EAS 121509.doc EXHIBIT "A" LEGAL DESCRIPTION The East Y2 of the Southwest'/4 of the Northwest'/4 LESS the South 5 acres and LESS BAYVIEW TERRACE, and the South 10 feet of the South '/2 of the Southeast % of the Northwest 1/4 of the Northwest '/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. LESS the following 4 parcels: Parcel 1. The West 117 feet of the East 150 feet of the East '/2 of the Southwest '/4 of the Northwest'/4 of Section 16, Township 29 South, Range 16 East, less South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 2. The East 150 feet of South 10 feet of South '/2 of the Southeast '/4 of Northwest '/4 of Northwest '/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Parcel 3. The West 12 feet of the East 162 feet of the East '/2 of the Southwest '/ of the Northwest'/4 of Section 16, township 29 South, Range 16 East, LESS the South 5 acres and less BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 4. The West 12 feet of the East 162 feet of the South 10 feet of the South '/2 of the Southeast'/4 of the Northwest'/4 of the Northwest'/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida.