ISLAND WAY GRILL INCORPORATED
'DRAF1~ - 2/24/2005
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. OK-,J/f-i6- tf~3j(J.-003-lJoIO
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005090623 03/1012005 at 02:35 PM
OFF REC BK: 14168 PG: 2390-2392
DocType:EAS RECORDING: $27.00
D DOC STAMP: $0.70
--------------.._~-----,..._----- ---
IRIPARIAN RIGHTS EASEMENT1
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
ISLAND WAY GRILL, INC., a Florida corporation
10395 Gulf Boulevard, Suite 103, Indian Shores, FI. 33785 - 2001
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation, ("Grantee"), an easement over and
across the following described land lying and being situate in the County of
Pinellas, State of Florida, to wit:
A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5,
ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as
recorded in Plat Book 51, Page 34, public records of Pinellas County, Florida.
This easement is granted specifically and exclusively for the purposes of
accommodating Public Boat Docks to be constructed and situated adjacent
to subject uplands, the use of which requires said riparian rights.
Grantor explicitly and unequivocally conveys to Grantee control and
interest in the riparian uplands adjacent to the project area and the
corresponding riparian rights necessary to utilize and maintain the Public
Dock Project. An easement for ingress and egress over Grantor's upland
property is being conveyed of even date herewith.
Either Party may terminate this easement if the subject property is no
longer used for a restaurant or if title to the property is transferred.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee
simple title to the herein described easement premises, that Grantor has full right
and lawful authority to grant and convey this easement to Grantee, and that so
long as Grantee complies with provisions contained herein, Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement.
'DRAFT - 2/24/2005
It is expressly understood that Grantor reserves 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 conditional and revocable in
accordance with the conditions as provided for herein, by the written mutual
agreement of both parties, or by abandonment of the easement premises by
Grantee.
IN WITNESS WHEREOF,
p~nts to' be duly
~ ~p"r
the undersigned Grantor has caused these
executed this c:2)711- day of
,2005.
ISLAND WAY GRILL, INC.
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thi~ day of
, 2005 by Frank R. Chivas, as President of Island Way Grill,
Corporation, who executed the foregoing instrument and
of to be her free act and deed for the uses and
Type/Prin ame
rVl' Personally Known
[ ] Produced Identification
Type of Identification Produced
My Commission Expires:
VICTORIA A. ALDERMAN
Notal)' Public, State of Florida
My comm. expo Dec. 12, 2005
Comm. No. DO 075446
~DRAFf - 2/24/2005
II
CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and Note Modification and Renewal Agreement
("Agreement") dated May 17, 2004 as recorded in O. R. Book 13590, Pages 2482 - 2488, public
records of Pinellas County, Florida, referencing that certain mortgage and other instruments of security
of even date as recorded in O. R. Book 13589, Pages 2612 - 2619, public records of Pinellas County,
Florida; same Agreement also renewing and extending provisions of that certain Mortgage and Note
Modification, Future Advance and Consolidation Agreement dated August 16, 2002, as recorded in O.
R. Book 12183, Pages 2586 - 2592, Public Records of Pinellas County, Florida, and embodying all of
those outstanding mortgages and other instruments of security, future advances, prior modification and
consolidation agreements given in favor of said Mortgagee as recorded in O. R. Book 11033, Pages
1527 -1533,1543 - 1547, O. R. Book 11261, Pages 409 - 415, O. R. Book 11332, Pages 488 - 494,
O. R. Book 11398, Pages 86 - 90, all in the 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 aforesaid instruments to the easement conveyed herein.
Signed, sealed and delivered
in the pres . eo'
COLONIAL BANK, N.A. f/kJa PREMIER
COMMUNITY BANK OF FLORIDA, a Florida
corporatio
ess signature
Janice A Calv
rint Witness name
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS :
The foregoing instrument was acknowledged before me thi~ day of ~ '
2005 by Brad McMurtrey, as Executive Vice President of COLONIAL BANK, N.A. flk/a REMIER
COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said
instrumen nowe the execution )hereof to be ~ free act and deed for the uses and
a who [ vf is personally known to me or who [ ] did provide
as identification.
~61RR1~i~~mM~~res:
Notary Public, State of Florida
My comm. expo Dec. 12, 2005
Comm. No. DO 075446