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TWC NINETY-FOUR LTD )' #,' . - Prepared by: Shannon Collins 6200 Courtney cam1ell Causeway, Suite 6~J Tampa, FL 33607 Return to: Earl Barrett City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 INIT It 98-378448 NOV 25, 1998 11: 12RM .,. !'l EASEMENT PINELLRS COUNTY FLR, OFF ,REC ,8K 10316 PG 1017 FOR AND IN CONSIDERA nON of the sum of One Dollar ($1.00) cash in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, TWC Ninety-Four, Ltd., a Florida Limited Partnership 6200 Courtney Campbell Causeway, Suite 600 Tampa, Florida 33607 Does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, 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 Ten (10') foot water main easement lying 5' each side of all water mains up to and including all hydrants and meters, but excluding any water mains that may lie under buildings or within five (5) feet of : ~ Fi[=CCn~',;bwldings, AND an ingress and egress easement for refuse and garbage collections and City of Clearwater \CCT/ Q.~,~~_q~rvice and utility vehicles, all lying within the following described tract: >~~::ElS--"-Q--DESCRIPTION: A parcel of land lying in the Southwest 1;4 of the Southeast 1;4 of Section 8, Township 29 ,~; ,:' '; , - ...:-$0-- South, ~ange 16 East, described as fo~lows: From the ~outhwest comer of the Southeast 1;4 of Section 8, ., :,I:C '~-.L----Townshlp 29 South, Range 16 East, Pmellas County, Flonda, run thence South 89041' 13" East, 487.83 feet .,0 . ~"along th, Sonth Bonndary of th, Sonth,ast ';' Qf ,.id Section 8; thone, North 0]025' 54"East, 50.01 feet to ',';T _ ..-the north right-of-way line of Drew Street for a POINT OF BEGINNING; thence continue North 01025'54" '.? ,.." '-East, 1239,21 feet along the East boundary of the West 487.74 feet of the Southwest 1;4 of the Southeast 1;4 of ~:,R I.. --.said Section 8; thence South 89036'06"East, 1047.80 feet; thence South 24010'54" West, 524.90 feet; thence _'.___ _..South 00052'06" West, 757.44 feet to the North right-of-way line of Drew Street; thence North 89041' 13" ': :~=E S ______West, 852.25 feet along said Northerly right-of-way line to the POINT OF BEGINNING, Containing 25.201 "\ T ;~' ..________.Jlcres, more or less. ....;--" I ~'10 .o~e CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the ahove described premises and to construct, install and maintain thereon any water lines and to inspect and alter such water lines from time to time. IN WITNESS WHEREOF, the party hereto has caused these presents to be duly executed by its p~er thereunto authorized and its seal to b, hereunto affixed, this ?, \ :>l' day of ,1998. Signed, sealed and delivered In the presence of: TWC Ninety-Four, Ltd., a Florida Limited Partnership By: TWC Ninety-Four Partners, Ltd., its General Partner By: TWC Ninety-Four, Inc., its General Partner [;}~~L~ ~\JL. Debra F. Koehler, Sr. Vice President Witness "., '10_ [)90umentary Tax Pd. ~-,-----' ,- Intan,'h!p -,<'J i'd. $_.------------ ", C-~'1 Karleeo F, De BI,;,Y.G~i~8rk, F' 6X /;)// i)wpl.lIi Chlirf DCDCOOFORMSEASEMENT,DOC ,- ~ (J) l /.i/ vO ~/t:;" ,(, / ',,- '- I I PINELLAS COUNTY FLA, OFF ,REC,BK 10316 PG 1018 .. STATE OF FLORIDA COUNTY OF HILLSBOROUGH -------------~ Before me, personally appeared Debra F. Koehler, Sr. Vice President and Secretary of TWC- Ninety-Four, Inc., a Florida corporation, as sole general partner of TWC Ninety-Four Partners, Ltd., the sole general partner ofTWC Ninety-Four, Ltd., a Florida general partnership, to me well known to be the individual described in and who executed the foregoing instrument and acknowledged before me that she executed the same on behalf of said corporation and as an act of said partnerships for the purposes therein expressed. Witness my hand and official seal this '315t' day of ~' , A.D., 1998. My Commission Expires: €~~i~ ,'j''?-Y P!<" PAMELA lYj'!~l 1W!'Ir.,' fi A (i"," COi,~MIC.:~~!()N i't~ CC (~>,gO(.J3 I!}"...... ":'( EXPlf'~E:3 NC)V 12,109+) "i',I; tJ BONDED THnu I>OF \,,--'S ATLANTIC BONDiNG CO" INC. DCDCOOFORMSEASEMENT,DOC , .. I PINELLAS COUNTY FLA, OFF,REC,BK 10316 PG 1018 ~ .- N Ol 1'0 N ~ ';f. l.r)~ ~ C) C) 0) ...... ';f.' . 0y ';f.l.r) 0y vi W 'V l!) l!) N . 0r- a z [ . a a I P.O.B.~ (j) 3 I ~ ~(Q)~Lr[}={] CITY OF CLEARWATER, flORIDA PUBLIC WORKS ADMINISTRA TlON ENGINEERING 2900 DREW S1REET 07/";';/98 SECT, 8 TWSP. 29 S RNG. 16 E lIIA_ "" SCALE 1" = 300' THIS IS NOT A SURVEY , OF , ..... IIY O,King 0lED<m IIY E8 """""'lIT APPRO\a) 8't.: AS9STAllT IlflECltR OF' ENCIHEERINC/l'IlOOUCT1ON ~J.ui::-1~-9a 03: 11P I _'. ,J . .' ... , -.," P.06 I I ~ INST :#: 88-378438 NOlJ 25, 1888 11: 03AM Prepared by and return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618 i 1 f'~ECORDING /i,CCT/ ~-:10 C()[JE nEC /)"00 DR21 g OS INT PIC CERT FEES MTF ..-e-r -r=~~: PINELLAS COUNTY FLA, OFF,REC,8K 10318 PG 888 CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST (Loan No. 12-5129419) THE UNDERSIGNED, owner of a lien on or secured interest in the following described premises: A p1LJ:cel of land. lying ~n ~ Southwest \iI of 1:b. Southeast; Po<< of Section 8, '1'own.ship 29 South, l1anp 16 East, PilWllla. County, FloJ:'ida, anel:J::.iDq 1DOJ:'e pa%tiCNlarly &tscr1becl .. follows: J'J:QIIl 1:b. Southwest cozner of 1:11. Southeaat Po<< of S.ct1on 8, Townahip 29 Sou1:b, l1anp 16 East, Pinell_ Coun~, FloJ:'id&, run thence s.890 41' 13"E., 487.83 f_t uong' the Sou1:b b:nmdu:y o~ the sout:haaat: "'- of s.iel S.ction 8; ~ce R.Ol.25'54"E., 50.01 f..t to the NOJ:'1:b riCJht-o~-"ay line of D~ St:J:'eet tOJ: . POINT 01' BEGD1ND1G; 1:lwnce continu. R.Olo25'54"B., 1239.21 f_t alon9.1:be E.st boundary of 1:b. We.t 487.74 f..t of tbA Southwe.t ~ of th. southe..t ~ of .aiel .ection B; thence S.89036'06"E., 1047.80 feet; thence S.24010'54".., 524.90 feet; thence S.00052' 06"W., 757.44 f..t t:o the ROJ:1:b right:-of-way line of DJ:'eW St;zeet; 'thence N. 89041' 13''W., 852.25 feet alon9 ..iel Northerly zoi9ht-of-way l.i1Wl to 1:he 1'Onn' or BEGINNING. Conta~ning 25.201 acze., moz:e OJ: 1.... :TOT;'~V~~.~_ as evidenced by a Mortgage and Security Agr@ement dated September 17, 1997 given in favor of First Union National Bank, a national as.soc1a~ion, by '!'WC N1nety- Four, Ltd., a Florida Limited Partnership, as recorded among the Public Records of Pinellas County, Flor1da in O.R. Book 9844, Pages 2313 through 2380; and said mortgagee hereby consents to and joins in the granting of that certain water main easement and ingress and egress easement for refuse and garbage collections to b@ given by mortgagor eo the CITY OF CLEARWATER, f"LORIDA, a Florida Municipal Corporation, and hereby further subordinates said mortgage interest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grants, together wieh facilities described therein. IN .\.iITNESS WHE signed this ~ day of Signed, sealed and delivered in J'~;~'~;D7~~~ N WitneSS~Signa ur,7~ 0 C. I Type/pr IP;~r=- n E'.net17J W\- CN~)S . '1!J.!2i1t_~ I TJ. tle Witness S1gnature PriM nameJ1!ANDA M.PhE/?6 . jJll undersigned has caused these presents to be , 1998. :rIONAL BANK, N. A. (corporate seal) JI i, ' ' ~~t~-9B 03:11P P.07 I I ~\tr.' PIN~LLRS COUNTY FLR, OFF ,REC.8K 10316 PG 887 ~age 2 - ACKNOWLEDGMENT OF CONSENT '1'0 EASEMENT AND SUBORDINATION OF INTEREST RE: Water main & ingress/egress easement given by TWC Ninety-Four, Ltd. to City of Clearwater, Florida STATE 01' NORTH CAROLINA :.. COUNTY 01' 1llEaa.ENBERB fir L. b instrurne9t was acknowledged before me t is J& t<'--day of 0UfO e.( ,1998 by (C,.. fblel1e\'MeA' , as V'ce 1'v; si t of Firs~ Union Nationa Ban, national association, as duly authoriZ~ y and on behalf of said banking inseitution for the use and purposes as d~~yr ~Y'k~ein. ...,... S~ 1 lUMP I, ~ Oh ....... ,CO ......... &0'0; - rOvu) .u.v- ~ ~ .... ". ~ '.0 "I"~: u (sea"~ ..' ". ";. NotaJ:Y Public - State of North Carolina = : ~o-rAR", \ : Print name MeL-45SA- -fft'MPSDJ'/ ~ i -.- Ed S My Commission Expires December 17, 2000 ;. ~ \. p.. B' ,c,.: ""';J" ~ Personally Known -\~ v ~ - -;.. ~ ... .- ~~ ( ) PJ:oduced Identification -;. '1/ '.. ....~" -...'\ Type of Identitication Produced ''',~~<$'4t~'''''..'Q~'''" ~.;:,\' "" l..1UHG C \\~I' """"..,,,\\ ~ \. ., '" .... I P.O.B.~ I JINELLAS COUNTY FLA, OFF,REC,8K 10316 PG 888 - .- N 0"> I") N .- w ~ It) It) N . .- o z [ . o o (f) lil II 89. 41 13 W. 852.25' DREW STREET ~ ~@~lJD=O CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRA TlON ENGINEERING 2900 DREW STREET SECT, 8 TWSP, 29 S RNG. 16 E ............. SCALE 1. = 300' THIS IS NOT A SURVEY .AlE 07/20/96 ..... wv D.King 0E0<iD or EB _or 1OF1 APPR~ BY': ASSISTANT DIlECTllR OF ENGItlEERINCfPROllUCllON I AFFIDAVIT OF NO LIENS I STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned authority, personally appeared Debra F. Koehler, Representative ofTWC Ninety-Four, Ltd. who, being first duly sworn, depose and say: 1. That TWC Ninety-Four, Ltd., a Florida Limited Partnership is the owner oflegal and equitable title to the following described property in Pine lias County, Florida, to wit: DESCRIPTION: A parcel of land lying in the Southwest \14 of the Southeast \14 of Section 8, Township 29 South, Range 16 East, described as follows: From the Southwest comer of the Southeast \14 of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, run thence South 89041'13" East, 487.83 feet along the South Boundary of the Southeast \14 of said Section 8; thence North 01025'54"East, 50,01 feet to the north right-of-way line of Drew Street for a POINT OF BEGINNING; thence continue North 01025'54" East, 1239.21 feet along the East boundary of the West 487.74 feet of the Southwest \14 of the Southeast \14 of said Section 8; thence South 89036'06"East, 1047.80 feet; thence South 24010'54" West, 524.90 feet; thence South 00052'06" West, 757.44 feet to the North right-of-way line of Drew Street; thence North 89041'13" West, 852.25 feet along said Northerly right-of-way line to the POINT OF BEGINNING. Containing 25,201 acres, more or less. 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 past due, unpaid bills for labor or materials against said property, except (if none insert none): NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: a. That certain Mortgage and Security Agreement dated September 17, 1997 given in favor of First Union National Bank, a national banking association, as recorded in Official Records Book 9844, Pages 2313 through 2380, of the Public Records of Pin ell as County, Florida. b. That certain Promissory Note and Mortgage dated September 16, 1997 given in favor of the Housing and Community Development Department of the City of Clearwater, Florida, as recorded in Official Records Book 9845, Pages 0001 through 0011; being subordinate to the lien and security interest of above described Mortgage and Security Agreement given in favor of First Union National Bank as evidenced by that Subordination Agreement recorded in Official Records Book 9876, Pages 1119 through 1128, all of the Public Records of Pin ell as 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 property for improvements thereto by any government, whether or not said assessments appear of record. DCDCOOFORMSEASEMENT,DOC Page 2: AFFIDA VIT OF NO LIENS I I 6. That there is no outstanding sewer service charges or assessm.ents payable to any government. 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEAR WATER, its agents, successors and assigns to rely thereon. TWC Ninety-Four, Ltd., a Florida Limited Partnership By: TWC Ninety-Four Partners, Ltd., its General Partner By: TWC Ninety-Four, Inc., its General Partner Uh-tc~'~~~~ Debra F. Koehler, Sr. Vice President Witness DCDCOOFORMSEASEMENT,DOC ,. ~ I ~ N (J) I") N w -v LO LO N . ..- 0 Z ( I P.O.B.~ ~ I: ~ ~@~l:rG=D CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING 2900 DREW STREET SECT. 8 TWSP. 29 S RNG, 16 E __ 110. SCALE 1. = 300' THIS IS NOT A SURVEY OATE 07/20/9B ..... rr D.llng _rr EB ..- rr 1 OF 1 AI'f'RO'>C) IN: ASS'ST ANT OREC'11:R CF 0IC1HEIRn4C fPROOUC1'ICIII