ERICK AND LEAH B BECKReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 33-28-16-74277-000-0110
COURT
KEN BURKE, CLERK OF PINELLAS COUNTY FLORIDA
INST# 201021210107129120`10 at 12:24 PM
-938
OFF REe EA
Doc7ypS RECORDING' $44-00
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, Eric Beck and Leah B.
Beck, husband and wife, 3018 Patrick Place, Clearwater, Florida 33759-1439 ("Grantors") do 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:
THE WEST FIVE FEET (5') of Lot 11 of RENAISSANCE OAKS, according to the Plat thereof
as recorded in Plat Book 133, Pages 3-7 of the Public Records of Pinellas County, Florida,
as 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 Grantors that it shall maintain
reasonable access to Grantors abutting property at all times during the exercise of rights granted herein. 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
Grantors reserve 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.
Grantors warrant and covenant with Grantee that they are owners of fee simple title in and to the herein
described Easement Premises, and that Grantors have 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 Grantors 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,
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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.
This easement is binding upon the Grantors, the Grantee, their respective 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 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 grantors have caused these presents to be duly executed this
day of 2010.
Signed, sealed and delivered
7the presence of:
IF-Z A.-
WITNESS signature
0 e a Beck
STATE OF FLORIDA
COUNTY OF PINELLAS
: as
Before me, the undersigned authority, personally appeared Eric Beck, a married man, who
executed the foregoing instrument, and who acknowled ed the execution thereof to be his free act and deed for
the use and purposes herein set forth, and who [)] is personally known to me, or who [ ] produced
as identification.
My commission expires: /j?1,12
No Public - State of Florida
/ JANET A. BELCHER
COMWASM a DWavve
ype/Print Name , °OWA IM 23 2012
e ww*amw
gUa7ANM W
STATE OF FLORIDA
COUNTY OF PINELLAS
: $a
Before me, the undersigned authority, personally appeared Leah B. Beck, a married woman, who
executed the foregoing instrument, and who acknowl d ed the execution thereof to be her free act and deed for
the use and purposes herein set forth, and who [ Is personally known to me, or who [ ] produced
as identification.
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My commission expires: l?p j ,/
No Public - State of Florida
?- JANET A. BEILCHER
r CDMIVMS MN # DIVAI 9
n4,Z E)ff'IRE M 23 3Dls
Type/Print Name CAR a eoroE *8QUQ"
au r ao?rw?w
CONSENT 8? JOINDER
The undersigned Lien holder, owner and holder of an equitable interest in the real property described herein as
referenced in that certain Mortgage and other instruments of security dated March 27, 2008 by and between
Eric Beck and Leah Beck, husband and wife, and undersigned Lien holder, as same is recorded in O. R. Book
16233, Pages 154 - 161 of the public records of Pinellas County, Florida; does hereby join with aforesaid
Grantors and hereby 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 the West five feet (5') of Lot 11
of RENAISSANCE OAKS according to the Plat thereof recorded in Plat Book 133, Pages 3-7 of the Public
Records of Pinellas County, Florida, as depicted in EXHIBIT "A" appended hereto and by this reference made a
part hereof ("Easement Premises"), and Mortgagee does hereby subordinate all right, title, interest and claim in
the aforementioned lien to the easement rights Grantor has conveyed therein.
Signed, sealed and delivered
in the resence of:
W ness signature
u? c rG6? ,??`
Print ess na
ess . ature
ichard E- Bouchard, as Trustee of the
Richard E. Bouchard Living Trust, dated
January 5, 2000, as amended and restated
December 30, 2005.
Print Witness name
STATE OF FLORIDA .
: ss
COUNTY OF PINELLAS :
The foregoing instrument was acknowledged before me this / day of .f?J-?L ,
2010 by Richard E. Bouchard, as Trustee of the Richard E. Bouchard Living Trust, dated January 5,
2000, as amended and restated December 30, 2005, who executed this instrument on behalf of said
Trust, and who acknowledged the execution thereof to be his free act and deed for the uses and
purposes therein expressed, and who [xJ is personally known to me or who [ ] did provide
as ident?cation.
a Publ??State of F da
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My Commission Expires: ??????
JANET A. BELCHER
CO M ISM s 01VAI V8
enat or ISMS JAN 23 9
eoNO? 1lredxa?
N WMAHM CCURON
LCONSENT OF LIEN HOLDER
Wells Faro Bank N.A. ("Lien Holder"), is the current holder of a Mortgage Deed of Trust dated December 12
2007 as recorded in O. R. Book 16091 Pages 856-875 of the public records of Pinellas County, Florida;
hereby consents to the grant of the toregoing Easement by Eric Beck and Leah B. Beck, husband and wife, to the
City of Clearwater, Florida, and joins in the execution hereof solely as Lien Holder and hereby does agree that in
the event of foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial
or non-judicial proceedings, he same shall be sold subject to said Easement.
SIGNED AND EXECUTED THIS 15th DAY OF Tune_ 2010.
In the presence of: Wells Fargo Bank, N. A.
Wl?ess sigl ature? By: ;?.ZaN6-141
Sonia Beam Lorna L. Slaughter, V' President
Print Witness name
Witness signature
Amber N. Flook
Print Witness name
STATE OF MARYLAND :
: SS
COUNTY OF FREDERICK:
BEFORE ME, the undersigned authority, on this day personally appeared Lorna L. Slaughter, Vice
President, of Wells Fargo Bank, N. A. know to me to be the person and Officer whose name is
subscribed to the foregoing instrument and who acknowledged to me that she executed the same for
the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed
of said Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 15 DAY OF June ? 2010.
*Said Easement is dated April 19, 2010.
Notary Public - State of Maryland
Jillian N. Porter
":PORr? My commission expires: 2/25/201+
NOTARY
- ???pu6UG a
/CK CR?
NN E Fxp. 4
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NORTH
I.
-9 N, 3-'-
Reclaimed Water
Seo% 1"'=60-* EXHIBIT "A"
This is not o survey
--PATRICK- -P-EkH-
c?
I i
iL?
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
:sS
BEFORE ME, the undersigned authority, personally appeared Eric Beck and Leah B.
Beck, 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:
Lot 11 of RENAISSANCE OAKS, according the Plat thereof as recorded in Plat
Book 133, Pages 3-7 of the 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". 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 Mortgage and other
instruments of security dated March 27, 2008 given in favor of Richard E. Bouchard, as
Trustee of the Richard E. Bouchard Living Trust, dated January 5, 2000, as restated and
amended December 30, 2005, as recorded in O. R. Book 16233, Pages 154 - 161,
Public Records of Pinellas County, Florida; and,
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The encumbrance lien and obligations imposed in that certain Mortgage and other
instruments of security dated January 1, 2009 given in favor of Wells Fargo Bank,
National Association, as recorded in 0. R. Book 16463, Pages 1672 - 1702, Public
Records of Pinellas County, Florida.
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.
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 reclaimed water main and utilities easement to encumber the above-
described property.
Signed, sealed and delivered
In the presence of:
A
WITNESS si nature k
Print Witn Name
E signature Leah B. Beck
-- --
Print Witness Na e
STATE OF FLORIDA
: SS
COUNTY OF PINELLAS :
The foregoing instrument was acknowledged before me this Zq _ day of
/.- , 2010 by Eric Beck and Leah B. Beck, husband and wife, who did
execute the foregoing instrument and who acknowledged the exe do thereof to be their free
act and deed for the uses and purposes therein expressed, and who personally known to
me, or who [ ] did each produce as
identification.
My Commission Expires:
No =-State of FI ?.
JAJMLrr ype/Print Name 60MMWDN A. 0EVW4"
wieue Eno jM 23 2012
WK
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