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BRIGHTWATER POINT LLC '. r, Return to: Earl Barrett Engineering Department City of Clearwater p, O. Box 4748 Clearwater, FI. 34618-4748 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005090622 03/10/2005 at 02:35 PM OFF REC BK: 14168 PG: 2386-2389 DocType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 RE: Parcel No. 08-29-15-04932-000-0270 II WATER MAIN & UTILITY EASEMENT II FOR AND IN CONSIDERATION of receipt of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, BRIGHTWATER POINT, LLC, a Florida Limited Liability Company 200 Brightwater Drive, Unit #1, Clearwater, FI. 33767 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A water main and utility easement, as depicted in EXHIBIT "A" appended hereto, over and across the westerly five feet (5') of the following described parcel ("easement"): BAYSIDE SUBDIVISION NUMBER 2, Lot 27 according to the map or plat thereof as recorded in Plat Book 27, Pages 32 & 33, Public Records of Pinellas County, Florida. The CITY OF CLEARWATER, FLORIDA, shall have the right to construct and install a subterranean water main not, to exceed eight inch (8") diameter within the limits of said easement utilizing directional bore technology, and to inspect, alter or replace such water main from time to time as conditions may require. Grantee covenants with Grantor that all work activities conducted pursuant to rights granted herein shall be limited to below grade; and in the event Grantee, its employees, contractors or agents, shall disturb Grantor's property at or above grade in the exercise of rights granted herein, then Grantee shall in every such instance restore all physical impacts in the easement to equal or better condition as existed prior to the exercise of such rights. 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. 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. U:\Easements\BRIGHTW A TER PT WM & UTIL EAS.1004.doc Page 10f3 IN WITNESS WHEREOF, the undersigned grantor, by and through its Manager who affirms he is duly au~orized and empowered, has caused these presents to be properly executed this 'U ~ day of ~r- ' 2004. By: int Wit ess Name \ ~r.Q.. M ~(;fL _. W ESS Signat~ ~ ~ . ~ u.>-.iJJt. Print Witness Name STATE OF FLORIDA ss COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 2~ day of ~ 2004 by Patrick J. Sheppard, Managing Member of BRIGHTWATER POINT, LLC, who executed the foregoing instrument on behalf of said Florida Limited Liability Company, and who acknowledged ~h~ execution thereof to be his free act and deed for the uses and purposes therein expressed, and whorJ is ersonally known to me or who [ ] did provide as identification. " My Commission Expires: 7 - I 4:,.... ~ ) f ~ ,~,~~,~:'~G~.D~; 1 ~ '~~i EJ\PIHE3: July 16, 2(~5. 1 l,-8lNNOTARY f1.NoI8Iy~&~I~ -..." -~ ------ U:\Easements\BRIGHTW A TER PT WM & UTIL EAS.l 004.doc Page 2 of3 CONSENT & JOINDER The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage and other instruments of security dated September 3, 2003 given in favor of Regions Bank, an Alabama banking corporation, as recorded in Official Records Book 13045, Pages 415 - 435, public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement as herein described, and subordinates all of its right, title, interest and claim in the lien of such Mortgage and other instruments of security to said easement grant. Signed, sealed and delivered In the presence of: C~.~d.d/~ . ~s Ignature" ) I , I' L. ?c./, '//,~S 'nt W ness name REGIONS BANK, an Alabama banking corporation By: M0-4~ Pri nt Name (Yl AR "" "". .,srTD 11 E"Il- Title V. PItE3'.D~ I ;.rt. Print Witness name STATE OF FL~ () : ss COUNTY OF ~~~ The foregoing instrument was acknowledged ~lQre me,jllis ~ day of ~... . , 2004 by jv\~ ~,-z, ~f7L.. ,as LLlC-'1 '{~,:D~""7 of REGIONS BANK, mortgagee in the above-described lien, who executed said instrument and acknowledged the execution thereof to be h~ free act and deed for the uses and purposes therein expressed, and who ~s sonally known to me or who [ ] did provide as i entification. ~ ,/ My Commission Expires: 7 - r b - b ':::> Type/Print Name ~ RONALD M. AUGUSTINE , MY C:OMMISSION # DO 037937 EXPIRES: JiJly 16, 2005 l~NOTAAY FL Notaly Servic& & Ballding,lnc. U:\Easements\BRIGHTWATERPT WM & UTIL EAS.I004.doc Page 3 of3 / / '/ 5' Water Main & SUB. j' Utility Easement / II, w. s' . .~ EXHIBIT "A" II 70 I Scale 1 ==.,JI This is not a survey BRie '117'1.4 ~ yy~ I€'R 25 SIDE \ 26 Cle Q r2(;. Qter Harbor DR/v€, 28 27 NO.2 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DR.. BY 0, KING MOCro BY E, BARRETT .... 10/28/2004 276A .... NO. LGL2004 12 LEGAL SKETCH 5' WATER MAIN & UTILITY EASEMENT WESTERL Y FIVE FEET (5') LOT 27 SA YSIDE SUS'N, No, 2 ....El 1 Of" 1 SE:CT-TWSP-RNG 8-29S-15E llIlIlIWtCE N/A '- II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Patrick J. Sheppard, as Managing Member, Brightwater Point, LLC, a Florida Limited Liability Company, whom, being first duly sworn, does depose and say: 1. That said Limited Liability Company is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: BAYSIDE SUBDIVISION NUMBER TWO, Lot 27, according to the map of plat thereof as recorded in Plat Book 27, Pages 32 & 33, Public Records of Pinellas County, Florida 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, except: (if none, enter "NONE") 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 other instruments of security dated September 3, 2003 given in favor of Regions Bank, an Alabama banking corporation, as recorded in Official Records Book 13045, Pages 415 - 435 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. 6. That there are no outstanding sewer service charges or assessments payable to any government. ., "\' "\ .. Page 2 - Affidavit of No Liens Clearwater Point, LLC RE: Lot 27, BAYSIDE SUB. NO.2 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely ereon. By: ~'- ~ fol; i?7L. Sworn to and subscribed to before me this U day of L~t> 2 '1- ( c. --as My Commission Expires ..-- G) RONALD M. AUGUSTINE MY COMMISSION # DO 037937 EXPIRES: July 16, 2005 1-8C().3.NOTARY R. NoIlIy Service & Bonding. /nc.