ISLAND WAY GRILL INCORPORATED (2)
DRAFT - 2/24/2005
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# 2005090624 03110/2005 at 02:35 PM
OFF REC BK: 14168 PG: 2393-2396
DocType:EAS RECORDING: $35.50
D DOC STAMP: $0.70
RE: Parcel No. 08-29-15-43380-003-0010
II
SIDEWALK EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, 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, under 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, being more particularly
described as follows:
The South 6.0 feet of the East 210.0 feet of the aforementioned portion of Lot 1. Block C.
Unit 5. ISLAND ESTATES OF CLEARWATER as depicted in EXHIBIT "A" appended
hereto.
This easement is granted for installation and maintenance of a public sidewalk.
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.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct. install and maintain thereon such sidewalk and to inspect
and alter same from time to time.
Grantor warrants and covenants with Grantee that it is the owner of the 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 Grantee shall have quiet and peaceful
possession, use and enjoyment of this easement.
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DRAFT - 2/24/2005
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 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 WIjJ:REOF, the un
duly executed this ,1fJ' ^day of
rsigned grantor has caused these presents to be
,2005.
ISLAND WAY GRILL, INC.
.......-r::: 'I J '
By:~~k~ CTfL~7
Frank R. Chivas, President
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~) day
2005 b resident of Island Way Grill, Inc., a Florida corporation, w
ed th t on behalf of said corporation, and who acknowledged t e
act nd deed for the uses and purposes therein expressed.
/ if ~InriAA r\ ALDERMAr,
/ './1,-, TOR"-f1\.
MJi 8~m~~.sk<t'OERlij(~s:
Notary Public, State of Florida
Mil cemr!,. expo Dec. 12, 2005
. ::1)[,,(1. No. 00 075446
[~erSOnaIlY Known
[ ] Produced Identification
Type of Identification Produced
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2
DRAFT - 2/24/2005
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 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.
STATE OF FLORIDA
: S5
COUNTY OF PINELLAS
COLONIAL BANK, N.A. f/kla PREMIER
COMMUNITY BANK OF FLORIDA, a Florida
corporation
I
,,'
By:
The foregoing instrument was acknowledged before me thi&.. day of ,
2005 by Brad McMurtrey, as Executive Vice President of COLONIAL BANK, N.A. flkl PREMIER
COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said
instrumen ed the executio9'thereof to be h t~ free act and deed for the uses and
R r s ther . , nd who [v] is personally known to me or who [ ] did provide
as identification.
f Florida
VICTORIA A. ALDERMAN
My Commission Expires:
VICTORIA A. ALDERMAN
Notary Public, State of Florida
My comm. expo Dec. 12, 2005
Comm. No. DO 075446
3
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~ EXHIBIT "A"
Scale 1 II 40 I
This is not a survey
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61
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6 I Sidewalk
Easement
. ". . .',.. '. . .....
ISLAND WAY
267B
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL SKETCH
6' SIDEWALK EASEMEN'F
LOT 1 BLOCK .C.
ISLAND ESTATES UNIT 5
20 ISLAND WAY
HET
1 OF'1
...... BY
D. KING
.... NO.
LGL2004-1 J
......ED BY
E. BARRETT
....
12/06/04
SECT-1WSP-llIIG
8-29S-15E
lIRllOlNICE
N/A