PALMETTO BUSINESS PARK PARTNERSHIP
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PINELLAS COUNTY FLA.
1___ INST --* 90~.1125~(1_____ I
EASEMENT
*** OFFICIAL RECORDS ***
BOOK 7260 PAGE 1897
FOR AND IN CONSIDERATION 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,
PALMETTO BUSINESS PARK PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP
2100 PALMETTO STREET
CLEARWATER, FLORIDA 34625
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
~lorida, to-wit:
~
~ ;) Ten (10') foot water main easement lying 5' each side of all
~ cr!later mains up to and including all hydrants and meters, but
o~x~xcluding any water mains that may lie under buildings or within
~ffig five (5) feet of buildings, AND an ingress and egress easement for
~Gw~efuse and garbage collections and City of Clearwater service and
~>~ ~tility vehicles, all lying within the following described tract:
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f- ~BOUNDARY SURVEY OF: The West 1/2 of the Southwest 1/4 of the
2 SSoutheast 1/4 of the Northeast 1/4 of Section 12, Township 29
a... ~South, Range 15 East, Pinellas County, Florida LESS the East
11 RECORDI~ 150.00 feet of the South 290.4 feet thereof: AND ALSO LESS a Life
l,ceT /fTHJ70 Estate in favor of Carroll C. Garrettson described as follows:
--- CeCL BEGIN at the Southwest corner of the West 1/2 of the Southwest 1/4
REe ~cS't) of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township
cn:, '-L____ 29 South, Range 15 East, Pinellas County, Florida, and run thence
r,,: North 000 00' 28" East, 260.00 feet; thence South 890 18' II"
--:- East, 112.00 feet; thence South 000 00' 28" West, 30.00 feet;
thence South 890 18' II" East, 15.00 feet; thence South 000 00'
we: ---~~k 28" West, 230.00 feet; thence North 890 18' II" West, 127.00 feet
~;'( to the POINT OF BEGINNING AND ALSO LESS the South 30.00 feet for
-OTAL/..~oad right-of-way. Containing 3.373 net acres more or less.
~ -f( The CITY OF CLEAR~, FLORIDA, shall have the right to enter
upon the above described premises and to construct, install and
-;:, 1':' .~maintain thereon any water lines and to inspect and alter such
'; ...~water lines from time to time.
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IN WITNESS WHEREOF, the party hereto has caused these presents
to be duly executed by its proper officers thereunto authorized
'and its seal to be hereunto affixed, this Z~ day of
~ , 1990.
Signed, sealed and delivered
", ;in the presence of:
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PALMETTO BUSINESS PARK PARTNERSHIP,
A FLORIDA GEN PARTNERSHIP
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TH W. VOGEL
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VI At VOG~
GENE PARTNER
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*t* OFFICIAL RECORDS ***
BOOK 7260 PAGE 1898
---"--- -".._--------,,------- "'-''''-'",-
STATE OF FLORIDA
COUNTY OF PJ:NELLAS
Before me, personally appeared KENNETH W. VOGEL and VICKY A.
VOGEL. GENERAL PARTNERS, ReDresentati ves of PALMETTO BUSINESS PARK
PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP, to me well known and
known to me to be the individuals described in and who executed
the foregoing instrument and acknowledged before me that they
executed the same for the purposes therein expressed.
~_\Witness my hand and official seal this ~~ day of
~JL:U .P.f'l ...l .J r-' A. D., 1990.
My Commission Expires:
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I RECORDS ***
**f OFFICIAL PAGE 1899
BOOK 7260
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Proposed blanket water
main easement and
ingress and egress
easement.
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
KENNETH W. VOGEL and VICKY A. VOGEL, REPRESENTATIVES OF PALMETTO
BUSINESS PARK PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP who,
being first duly sworn, depose and say:
1. That PALMETTO BUSINESS PARK PARTNERSHIP, A FLORIDA GENERAL
PARTNERSHIP is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
BOUNDARY SURVEY OF: The West 1/2 of the Southwest 1/4 of the
Southeast 1/4 of the Northeast 1/4 of Section 12, Township 29 South,
Range 15 East, Pinellas County, Florida LESS the East 150.00 feet of
the South 290.4 feet thereof: AND ALSO LESS a Life Estate in favor of
Carroll C. Garrettson described as follows: BEGIN at the Southwest
corner of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of
the Northeast 1/4 of Section 12, Township 29 South, Range 15 East,
Pinellas County, Florida, and run thence North 000 00' 28" East,
260.00 feet; thence South 890 18' 11" East, 112.00 feet; thence South
000 00' 28" West, 30.00 feet; thence South 890 18' 11" East, 15.00
feet; thence South 000 00' 28" West, 230.00 feet; thence North 890 18'
11" West, 127.00 feet to the POINT OF BEGINNING AND ALSO LESS the
South 30.00 feet for road right-of-way. Containing 3.373 net 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 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 (if
none insert "none"):
FIRST MORTGAGE BY NCNB BANK
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.
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6. That there is no outstanding sewer service charges or
assessments payable to any government.
7. That the representations embraced herein are for the purpose
of inducing CITY OF CLEARWATER, its agents, successors and assigns to
rely thereon.
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PALMETTO BUSINESS PARK PARTNERSHIP,
A FLORIDA GENERAL PARTNERSHIP
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SWorn to and subscribed to before me this ~ day of ~11P>A'1
A.D., 1990.
My Commission Expires:
~ - d2D - 9 3.
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PINELLAS COUNTY FLA.
1 INST. 90-112570
, __,_ _______...__.. __n____._______________ ________________.______ _n.___.___.____
SUBORDINATION AGREEMENT
*** OFFICIAL RECORDS ***
1___B~_()~_?~"!60 PAGE 1900
THIS SUBORDINATI9.t1, TO EASEMENT AG
entered into this 5' day of
NCNB NATIONAL BANK OF FLORIDA . (the" Lender" ), in
CITY OF CLEARWATER, FLORIDA, (the "Grantee" ) , and
reference to the following facts:
(the "Agreement") is
, 1990, by
favor of the
is made in
(A) PALMETTO BUSINESS PARK PARTNERSHIP, A FLORIDA GENERAL
PARTNERSHIP, (the "Fee OWner") is the owner in fee simple title of
that certain real property situate, lying and being in Pinellas
County, Florida, and being more particularly described in Exhibit
"A" and "B" attached hereto and by this reference made in part
thereof (the "property").
: J (B) The lender, NCNB NATIONAL BANK OF FLORIDA, has made a
. .~rst mortgage loan to Fee OWner in the aggregate sum of ONE MILLION
c:o~ HUNDRED AND FIFTY THOUSAND AND NO/100 DOLLARS ($1,550,000.00)
t::. ~he "Loan") which is secured, among other things, by a note,
'.. ~ '<:;f- 4!Ortgage and certain other instruments of security executed by Fee
~ cC 6 ffimer in favor of Lender ( collectively the "Instruments of
2: ::J CLl ~ecurity"). Certain of such Instruments of Security, and
~ ~ ~ I&pecifically the mortgage, encumber the fee simple title of Fee
hi 1:: tt cewner in the Property, said mortgage being recorded in Official
cc c..:> a I:tiecords Book 7157, Page 2169, of the Public Records of pinellas
t; ~ounty, Florida.
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LiS ( C) The Fee OWner has granted to Grantee a blanket water
~asement and ingress and egress easement over the property described
in Attachment "A" and "B" to construct, install and maintain any
water lines upon the Property by virtue of that certain Easement
11 RECORDI~tween Grantee and Fee OWner, to be recorded with but prior to this
ACCTlfWV70 document in the Public Records of pinellas County, Florida, (the
L/) C-l.- " Easement" ) .
REC ;q.q)
EES _ NOW THEREFORE, for and in consideration of the premises, and
TF _~--.!or other good and valuable consideration in hand paid to the
TG ____~ender, receipt of which is hereby acknowledged, the Lender does
____~ereby covenant and agree as follows:
T ------ \2. 1. Subordination. The Lender does hereby agree that its
OTAL _\ first mortgage lien and all other right, title and interest in the
!-9'~ Property which is encumbered by Lender's Instruments of Security, is
Mf+" - hereby made subject, subordinate and inferior to the Easement in
favor of Grantee.
2 . Defaul t. The Lender hereby warrants and represents to
Grantee that it is the current owner of the Lender's interest in the
Instruments of Security and that no defaults presently exist
thereunder.
3. Modifications. This Agreement shall not be modified or
amended except in writing between Lender and Grantee.
4. Benefit. This Agreement shall be binding on Lender and
its successors and assigns and shall inure to the benefit of Grantee
and its successors and assigns.
IN WITNESS WHEREOF, the Lender has executed this Agreement on
the day ana year first above written.
Signed, sealed and delivered
in the presence of:
~~n ~Ab,
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(~oJ;~9.te' Seal)
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NCNB
Attest:
KARLEEN F. DEBLAKER, CLERK
APR 26, 1990 5:01PM
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*** OFFICIAL RECORDS ***
BOOK 7260 PAGE 1901
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
:)tiJ.
day of
~~ ,1990, by Michael Bucher
, President of NCNB NATIONAL BANK OF FLORIDA
the
vice
on behalf of the Corporation.
..., PUIic, State of Rofida
My Commission Expires:'" '-.... f.1IIiNs lor. 2Q
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*** ctFICIAL RECORDS ***
B()C~~ /260 PAGE 1.902
EXHIBIT "A"
LEGAL DESCRIPTION PALMETTO BUSINESS PARK PARTNERSHIP
The West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Northeast 1/4 of Section 12, Township 29 South, Range 15 East,
Pinellas County, Florida LESS the East 150.0 feet of the South 290.4
feet thereof: AND ALSO LESS a Life Estate in favor of Carroll C.
Garrettson described as follows:
Begin at the Southwest corner of the West 1/2 of the Southwest 1/4
of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 29
South, Range 15 East, Pinellas County, Florida, and run thence North
000 00' 28" East, 260.00 feet; thence South 890 18' 11" East, 112.00
feet; thence South 00000' 28" West, 30.00 feet; thence South 890
18' 11" East, 15.00 feet; thence South 000 00' 28" West, 230.00
feet; thence North 890 18' 11" West, 127.00 feet to the POINT OF
BEGINNING AND ALSO LESS the South 30.00 feet for road right-of-way.
Containing 3.373 net acres more or less.
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j* OFF! C r AI.. RECORDS ***
BOOK 7260 PAGE 1903
EXHIBIT "B"
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