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CLEARWATER PHASE I PARTNERS LTD ~-,. .,. .,..7___. .~., ~."A-,-' T\. .", 33,0{;:) - c~~ ,.-C'. CHG t;l~':: __, _._____ I //I~" "-_/ I 00-031498 fE8- 2-2000 5: 14~ NE~~AS CO 8K 10802 PG 34 ~~_l1UlllUJIUIlII~lJljlUtiJIIL__--- / Prepared bv & return to: Earl Barrett Public Works Administration City of Clcar\\ater p, 0, Box 4748 Clearwater, FI. 33758-4748 SIDEWALK & UTILITY EASEl\1ENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to him, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CLEAR\V A TER PHASE I PARTNERS, LTD., a Florida Limited Partnership 1551 Sandpiper Road, Maitland, FI. 32751 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, an easement over, under and across the following described land lying and being situate in the County of Pine lias, State of Florida, to wit: The west 10 feet of the south 117.49 feet of a pal'cel of land lying within the Southwest y., of Section 15, Township 29 South, Range 15 East, and the Northwest y.. of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described in EXHIBIT HA" and depicted in EXHIBIT "8" attached hereto. This easement is granted for sidewalk and utility purposes, and for the future maintenance as necessary of such installed sidewalk and utility facilities, The CITY OF CLEARWATER, FLORIDA, its employees, licensees. contractors and assigns shall have the right to enter upon the above described premises and to construct, install and maintain sidewalk and utility facilities thereon. and to inspect and alter such sidewalk and utility facilities as may be necessary from time to time. Any entry by the City onto the property hereby conveyed, or by any other person or entity on the City's behalf or otherwise pursuant to this easement, shall (i) not materially interfere with the conduct of any business on or use of the property by Grantor, (ii) not damage any improvements located at or on the property from time to time, and (iii) shall be at that person or entity's sole risk as to injury or damages, '" rll) ." '" I I Page 2 - Sidewalk & Utility Easement Grantor: Clearwater Phase I Partners, Ltd. Grantee: City of Clearwater, Florida PINELLAS COUNTY rLA, Orr .REC,8K 10802 PG 35 It is expressly understood and agreed that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with rights granted herein, This easement is binding upon the Grantor, the Grantee, their respective heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable except by written mutual agreement of both parties, or by abandonment of the easement premises by the Grantee. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this o;~......~ day of cS~t~ ,1999, Clearwater Phase I Partners, Ltd., a Florida Limited Partnership By: CED Capital Holdings IX, Ltd., a Florida Limited Partnership Signed, sealed and delivered in the presence of: By: CED Capital Holdings IX, Inc., a Florida corporation, general ), tner a e -:r I\- y.. ? 13 'Z.. 0 ~IC.. j;;)~~c9~ ;J{ WITNESS t.n7J/e,. -:J! {)eCtv\ 1/1 <-.e Print Witness Name t!rnEs:s' ;i:;ur; : ^ J ~ t!o'LlI'.-l e- (\ \0. t' ; ~ <(' Print Witness Name By: Title V \L~ -:Y12~~I2><i:...0-r ,\' I I Page 3 - Sidewalk & Utility Easement Grantor: Clearwater Phase I Partners, Ltd, Grantee: City of Clearwater, Florida PINEllAS ____~F"F" ,REC . SI< COUNTY F"lA ---- lOSO~ PG ---- c;; 36 ---------- -~ STATE OF FLORIDA : ss COUNTY OF ORANGE BEFORE ME, the undersigned, personally appeared 31'\;t.t -::Po 'ER.O~r.... as Vl(f r -=PR ESI "l-,EII.Y, of CEO Capital Holdings IX, Inc" a Florida corporation, said corporation being the general partner of CED Capital Holdings IX, Ltd, and Clearwater Phase I Partners, Ltd" both being Florida limited partnerships, whom, being duly authorized, executed the foregoing instrument and acknowledged the execution thereof to be h ~ free act and deed on behalf of said corporation and limited partnerships for the use and purposes herein set forth, I . MY COMMISSION' CC 642414 EXPIRES: April 29, 2001 \1""', o:~~,^~.~v.t;, ~. .lil "Pi"I'" Typ M Personally Known [ ] Produced Identification Type ofIdentification Produced Clw Phase I LId, Sidewalk & Util Eas 0499 1, I I PINtllAS --~-~~~ R~~, Sk 7g~~;y F"lA, ----___ PO 37 EXHIBIT "A" LEGAL DESCRIPTION (Lexington Club of Clearwater) A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ~ OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE NORTHWEST ~ OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST BOUNDARY CORNER OF THE SOUTHWEST ~ OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE NORTHEAST BOUNDARY CORNER OF THE NORTHWEST Y4 OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID SOUTHEAST BOUNDARY CORNER BEING S89003'29"E, (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION) 2655,25 FEET FROM THE SOUTHWEST BOUNDARY CORNER OF SAID SOUTHWEST Y4 OF SECTION 15; THENCE N89003'29"W, ALONG THE SOUTH BOUNDARY LINE OF SAID SOUTHWEST Y4 OF SECTION 15, SAME ALSO BEING THE NORTH BOUNDARY LINE OF SAID NORTHWEST Y4 OF SECTION 22, FOR 65,00 FEET TO THE POINT OF INTERSECTION WIT THE WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH (STATE ROAD S-595-A); THENCE LEAVING SAID SOUTH BOUNDARY LINE OF SAID SOUTHWEST ~ OF SECTION 15; ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, N00015'59"E, ALONG A LINE 65.00 FEET WEST OF AND PARALLEL WITH THE EAST BOUNDARY LINE OF SAID SOUTHWEST Y4 OF SECTION 15, FOR 170.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00015'59"E, ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, FOR 65.00 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH; N89052'44"W, FOR 426.97 FEET; THENCE NORTH 151.34 FEET; THENCE WEST FOR 215.76 FEET; THENCE NORTH, FOR 70,61 FEET; THENCE N37052'25"W, FOR 178.48 FEET; THENCE WEST, FOR 113.07 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 8730, PAGE 362 OR THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 396, PAGE 1126, THE FOLLOWING THREE (3) COURSES: (1) THENCE S52007'35"W, FOR 117.49 FEET; (2) THENCE S00002'04"W, FOR 178.06 FEET; (3) THENCE N89003'52"W, FOR 183.26 FEET TO REFERENCE POINT "A", SAME ALSO BEING THE POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S21046'30"W, ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 143.36 FEET; THENCE S17048'00"W, CONTINUING ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN (PAGE 1 OF 3) ')0, f1 I I PINELLAS COUNTY FLA OFF,REC,8K 10802 PG '38 PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 93.58 FEET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE S00009'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING A LINE 40.00 FEET EAST OF AN PARALLEL WITH THE WEST BOUNDARY LINE OF SAID SOUTHEAST Y. OF THE SOUTHWEST Y. OF SECTION 15, FOR 109.81 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID SOUTHWEST Y. OF SECTION 15, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE NORTH BOUNDARY LINE OF THAT CERTAIN PROPERTY (PARCEL 5) DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST Y. OF SECTION 22; THENCE N89003'29"W, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING SAID NORTH BOUNDARY LINE OF THE NORTHWEST Y. OF SECTION 22, FOR 20,00 FEET TO THE NORTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID NORTH BOUNDARY LINE OF THE NORTHWEST Y. OF SECTION 22, S00002'05"E, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING A LINE 20.00 FEET EAST OF AND PARALLEL WITH THE WEST BOUNDARY LINE OF THE NORTHEAST % OF SAID NORTHWEST Y. OF SECTION 22, FOR 117,49 FEET TO THE SOUTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, S89003'29"E, ALONG THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR 435.17 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, SAME ALSO BEING THE POINT OF INTERSECTION WITH AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3998, PAGE 1125; THENCE NOoo10'32"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR 57.07 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, S89052'44"E, FOR 339.48 FEET; THENCE N00015'59"E FOR 55.56 FEET TO THE POINT OF INTERSECTION WITH AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST Y. OF SECTION 22, SAME ALSO BEING THE POINT OF INTERSECTION WITH AFORESAID SOUTH BOUNDARY LINE OF THE SOUTHWEST Y. OF SECTION 15; THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE SOUTHWEST Y. OF SECTION 15, N00015'59"E, FOR 133.48 FEET; THENCE N77040'52"E, FOR 141.17 FEET; THENCE S89052'44"E, FOR 329.95 FEET TO THE POINT OF BEGINNING, (PAGE 2 OF 3) t, , r . , ' I I PINELLAS COUNTY rLA ___~~~ ,_R:~~ SK 10802 PG 38 TOGETHER WITH: COMMENCE AT AFORESAID REFERENCE POINT "A"; THENCE N89003'52"W, ALONG AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 FOR 10,70 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF AFORESAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, SAME ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, CONTINUE N89003'52"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 FOR 70.50 FEET TO THE POINT OF INTERSECTION WITH AFORESAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE S00009'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; SAME ALSO BEING A LINE 40,00 FEET EAST OF AN PARALLEL WITH AFORESAID WEST BOUNDARY LINE OF THE SOUTHEAST Y. OF THE SOUTHWEST y. OF SECTION 15, FOR 190.57 FEET TO THE POINT OF INTERSECTION WITH AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, N17048'00' E, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 62.49 FEET; THENCE N21046'30"E, CONTINUE ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 139.90 FEET TO THE POINT OF BEGINNING. AND TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHTS AS GRANTED IN THAT CERTAIN DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED AS OF JANUARY 5, 1998, AND RECORDED JANUARY 8, 1998, IN OFFICIAL RECORDS BOOK 9957, PAGE 1937, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED FEBRUARY 12, 1999, AND RECORDED FEBRUARY 25, 1999, IN OFFICIAL RECORDS BOOK 10418, PAGE 340, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (PAGE 3 OF 3) -, ~ t... I I PINELLAS COUNTY rLA, Orr ,REC.8K 10802 PG 40 .z: J EXHIBIT "B" I [NOT TO SCALE] GREENWOOD AVENUE IIq'hb79-W soo . . .. -. " ':)}:: ?':.:,-::::,:~ARCECi,,>:)::.::, . .... .. . " ... ". .' . " 0- . . . .. . .. .. ... (THIS IS NOT A SURVEY) '.' " " ' :', . ~~ BUILDING DEMOLlSHE PARCEL 8 c 3:5 -- -~ -- I I .c:---" (-~ ' r' . : 00-031499 FE8- 2-2000 5: 14PM PINELLAS CO 8K 10802 PG 41 1IIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIJIlIIIIIIIIII____ _.-----".--'--- Prepared by and return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 ~// CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST THE UNDERSIGNED, being the owner of a lien on or secured interest in the following described premises: The west 10 feet of the south 117.49 feet of a parcel of land lying wi thin the Southwest ~ of Section 15, Township 29 South, Range 15 East, and in the Northwest ~ of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto, as evidenced by the following Mortgages and other instruments of security: L " .,,:.:.,~ / .-"',,' __}~2___. ,T JPJ!P !1l2. :_:~.,g;:>_. '. -",..,'.1t?_ ,,_,_2~ fL- i) Mortgage and Security Agreement executed by Clearwater Phase a Florida limited partnership, to and in favor of AmSouth banking corporation, securing the original principal sum dated as of April 1, 1999, and recorded in Official Records 2446, of the Public Records of Pinellas County, Florida. I Partners, Ltd., Bank, an Alabama of $9,569,588.00 Book 10515, Page j", ! , Assignment of Leases and Rents executed by Clearwater Phase I Partners, Ltd., a Florida limited partnership, as Assignor, to and in favor of AmSouth Bank, as Assignee, dated as of April 1, 1999, and recorded in Official Records Book 10515, Page 2465, of the Public Records of Pinellas County, Florida. "-'-") k.,." ~ ~9-dJQ UCC~l Financing Statement executed by Clearwater Phase I Partners, Ltd., "" Debtor, to and in favor of AmSouth Bank, as Secured Party, recorded May 13, 1999, in Official Records Book 10515, Page 2479, of the Public Records of Pinellas County, Florida. Said mortgagee hereby consents to and joins in the granting of that certain Sidewalk and Utility Easement given by mortgagor, Clearwater Phase I Partners, Ltd., a Florida limited partnership, to the CITY OF CLEARWATER FLORIDA, a Florida Municipal Corporation, on S!.QT~M.b.!:1t.:t3 , 1999, and hereby further subordinates said mortgage in-furest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grant, together with facilities described therein. K~do~.:. .;; ~- Oocum'lr't:~~;:/ .:~..-~,. 7-'.~ :~ $------.--..., ' , ..d\J Page 1 of 2 ,70 By " .- I P INELLFlS COUNTY F"LFI, 0F"F"~EC,8K 10802 PG 42 IN !j.ITNESS WHE~F, t:hy. undersigned has caused these presents to be signed this ~ day of ~S61I!-- , 1999. delivered in ArnSouth Bank, an Alabama banking co oration BY: Witness Sig ~~~':5k!)!::e- Wi tness Signature l- Print name~e~,- Lj. L-ec\..c...l -- ~ ' Type/print name ...;J,;rJ7J /J... O.et;,hIJ.t-1}::S Title Ut'8 ~/~ (corporate seal) STATE OF~.fWM' FIcJ1.idlt COUNTY OF CJl ~.{l :ss The foregoing instrument was acknowledged before ()fk;~ ,1999 by Jot", 4. iI/Jf.a,(;/A-s as VilA!- ofArnSouth Bank, as duly authorizedrby and on behalf of said ~,and purposes as described herein. ilAwdj. ~~ (seal: Notary Public - State of Alabama Ii th~s ~day of ~.s ,~.t2J ~ corporation for the Print name ...t';i.'r~ DONNA M, LARGE t'{''Ar. :.\ MY COMMISSION # CC 846932 ~'~-1: EXPIRES: June 16,2003 "f.P.r.~lt-., Bonded Thru Notary Public Underwriters ~ Personally Known { ] Produced Identification Type of Identification Produced Re: Clw Phase I Partners Sidewalk & Util Eas 0899 Page 2 of 2 ~\5 ,. I I OUNTY FI_A, P1N~LLAS ~0802 PG 43 OFF ,R~c,8K EXHIBIT "A" LEGAL DESCRIPTION (Lexington Club of Clearwater) A PARCEL OF LAND LYING WITHIN THE SOUTHWEST X OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE NORTHWEST X OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST BOUNDARY CORNER OF THE SOUTHWEST X OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE NORTHEAST BOUNDARY CORNER OF THE NORTHWEST X OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID SOUTHEAST BOUNDARY CORNER BEING S89003'29"E, (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION) 2655.25 FEET FROM THE SOUTHWEST BOUNDARY CORNER OF SAID SOUTHWEST X OF SECTION 15; THENCE N89003'29"W, ALONG THE SOUTH BOUNDARY LINE OF SAID SOUTHWEST Y4 OF SECTION 15, SAME ALSO BEING THE NORTH BOUNDARY LINE OF SAID NORTHWEST X OF SECTION 22, FOR 65,00 FEET TO THE POINT OF INTERSECTION WIT THE WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH (STATE ROAD S-595-A); THENCE LEAVING SAID SOUTH BOUNDARY LINE OF SAID SOUTHWEST X OF SECTION 15; ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, N00015'59"E, ALONG A LINE 65.00 FEET WEST OF AND PARALLEL WITH THE EAST BOUNDARY LINE OF SAID SOUTHWEST X OF SECTION 15, FOR 170.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00015'59"E, ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, FOR 65.00 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH; N89052'44"W, FOR 426.97 FEET; THENCE NORTH 151.34 FEET; THENCE WEST FOR 215.76 FEET; THENCE NORTH, FOR 70,61 FEET; THENCE N3r52'25ftW, FOR 178.48 FEET; THENCE WEST, FOR 113.07 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 8730, PAGE 362 OR THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 396, PAGE 1126, THE FOLLOWING THREE (3) COURSES: (1) THENCE S52007'35"W, FOR 117.49 FEET; (2) THENCE S00002'04ftW, FOR 178.06 FEET; (3) THENCE N89003'52"W, FOR 183.26 FEET TO REFERENCE POINT "A", SAME ALSO BEING THE POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S21046'30"W, ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 143.36 FEET; THENCE S1r48'OO"W, CONTINUING ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN (PAGE 1 OF 3) I I PINELLAS COUNTY FLA, OFF ,REC,8K 10802 PG 44 PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 93.58 FEET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE S00009'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENVVOOD AVENUE. S.lo.ME ALSO BEING A LINE 40.00 FEET EAST OF AN PARALLEL WITH THE WEST BOUNDARY LINE OF SAID SOUTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 15, FOR 109.81 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID SOUTHWEST ~ OF SECTION 15, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE NORTH BOUNDARY LINE OF THAT CERTAIN PROPERTY (PARCEL 5) DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST ~ OF SECTION 22; THENCE N89003'29"W, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING SAID NORTH BOUNDARY LINE OF THE NORTHWEST ~ OF SECTION 22, FOR 20.00 FEET TO THE NORTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID NORTH BOUNDARY LINE OF THE NORTHWEST ~ OF SECTION 22, S00002'05"E, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING A LINE 20.00 FEET EAST OF AND PARALLEL WITH THE WEST BOUNDARY LINE OF THE NORTHEAST % OF SAID NORTHWEST ~ OF SECTtON22, FOR 117.49 FEET TO THE SOUTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, S89003'29"E, ALONG THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR 435.17 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, SAME ALSO BEING THE POINT OF INTERSECTION WIT:-i AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3998, PAGE 1125; THENCE N00010'32"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR 57.07 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, S89052'44"E, FOR 339.48 FEET; THENCE N00015'59"E FOR 55.56 FEET TO THE POINT OF INTERSECTION WITH AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST ~ OF SECTION 22, SAME ALSO BEING THE POINT OF INTERSECTION WITH AFORESAID SOUTH BOUNDARY LINE OF THE SOUTHWEST ~ OF SECTION 15; THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE SOUTHWEST ~ OF SECTION 15, N00015'59"E, FOR 133.48 FEET; THENCE N7r40'52"E, FOR 141.17 FEET; THENCE S89052'44"E, FOR 329.95 FEET TO THE POINT OF BEGINNING. (PAGE 2 OF 3) ,:".'1' ' .! ~ I I PINELLRS COUNTY FLR, OFF,REC,8K 10802 PG 45 TOGETHER WITH: COMMENCE AT AFORESAID REFERENCE POINT "A"; THENCE N89003'52"W, ALONG AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 FOR 10,70 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF AFORESAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, SAME ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, CONTINUE N89003'52"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 FOR 70.50 FEET TO THE POINT OF INTERSECTION WITH AFORESAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE SOoo09'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; SAME ALSO BEING A LINE 40.00 FEET EAST OF AN PARALLEL WITH AFORESAID WEST BOUNDARY LINE OF THE SOUTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 15, FOR 190.57 FEET TO THE POINT OF INTERSECTION WITH AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, N1r48'00" E, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 62.49 FEET; THENCE N21046'30"E, CONTINUE ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 139.90 FEET TO THE POINT OF BEGINNING, AND TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHTS AS GRANTED IN THAT CERTAIN DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED AS OF JANUARY 5, 1998, AND RECORDED JANUARY 8, 1998, IN OFFICIAL RECORDS BOOK 9957, PAGE 1937, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED FEBRUARY 12, 1999, AND RECORDED FEBRUARY 25, 1999, IN OFFICIAL RECORDS BOOK 10418, PAGE 340, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (PAGE 3 OF 3) , " '";: . ,~ , .~: I , PINELLAS COUNTY FLA. OFF,REC,8K 10802 PG 48 EXHIBIT "B" I (NOT TO SCALE] GREENWOOD A VENUE 1I\\'Nj?9-W _ _ _ ~ ) . . .. ',.., .,.., . ~:':.:.-:::}~ARcEL7,:> :/:/' (THIS IS NOT A SURVEY) '. .. . ZONED C " " ., - .... .. ... ....... "I' . . BUILDING DEMOUSHE PARCEL 8 -.:.= ~~ '! I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared 3 ~ '1 "=? ~ ~',,' as V I ~ s.- "+'1<' ~ 51::D ~ ,,) T of CED Capital Holdings IX, Inc., a Florida corporation, general partner of CED Capital Holdings IX, Ltd, and Clearwater Phase I Partners, Ltd" both being Florida limited partnerships, whom, being first duly sworn, does depose and say: 1. That said corporation and the aforementioned limited partnerships are the owners of legal and equitable title to the following described property in Pinellas County, Florida, to wit: DESCRIPTION: The west 10 feet of the south 117.49 feet of a parcel of land lying within the Southwest If.. of Section 15, Township 29 South, Range 15 East, and the Northwest If.. of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto. 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, other than those which will be paid during the normal course of business, except:: NONE 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, and: a, Multifamily Mortgage, Assignment of Rents and Security Agreement executed by Clearwater Phase I Partners, Ltd., a Florida limited partnership, to and in favor of Housing Finance Authority of Pinellas County, Florida, dated as of April 1, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2364, of the Public Records of Pinellas County, Florida, which Mortgage was assigned by that certain Assignment and Intercreditor Agreement (Assignment of Mortgage Loan), executed by Housing Finance Authority of Pinellas County, as Assignor, to and in favor of SunTrust Bank, Central Florida, National Association, as Trustee, and Fannie Mae, as Assignees, as their respective interests may appear, dated as of April 1, 1999 and recorded May 13, 1999, in Official Records Book 10515, Page 2405, of the Public Records of Pin ell as County, Florida, I I ~. UCC-l Financing statement between Clearwater Phase I Partners, Ltd., a Florida limited partnership, Debtor, to and in favor of Housing Finance Authority of Pinellas County, as Secured Party and as Assignor, and SunTrust Bank, Central Florida, National Association, as Trustee, and Fannie Mae, as Assignees of the Secured Party, recorded May 13, 1999, in Official Records Book 10515, page 2398, of the Public Records of Pinellas County, Florida. c. Mortgage and Security Agreement executed by Clearwater Phase I Partners, Ltd" a Florida limited partnership, to and in favor of AmSouth Bank, an Alabama banking corporation, securing the original principal sum of $9,569, 588.00 dated as of April I, 1999, and recorded in Official Records Book 10515, Page 2446, of the Public Records of Pine lias County, Florida, d. Assignment of Leases and Rents executed by Clearwater Phase I Partners, Ltd" a Florida limited partnership, as Assignor, to and in favor of AmSouth Bank, as Assignee, dated as of April I, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2465, of the Public Records of Pinellas County, Florida. e, UCC-l Financing Statement executed by Clearwater Phase I Partners, Ltd" as Debtor, to and in favor of AmSouth Bank, as Secured Party, recorded May 13,1999, in Official Records Book 10515, Page 2479, of the Public Records of Pine lIas County, Florida, f. Mortgage executed by Clearwater Phase I Partners, Ltd" a Florida limited partnership, to and in favor of Pinellas County Board of Commissioners securing the original principal sum of $276,625,00 dated May 7, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2494 of the Public Records of Pinellas County, Florida, said Mortgage having been subordinated by Subordination Agreement executed by Fannie Mae, SunTrust Bank, Central Florida, National Association, as Trustee, Pinellas County Board of Commissioners and Clearwater Phase I Partners, Ltd., dated as of May 1, 1999 and recorded May 13, 1999, in Official Records Book 10515, Page 2501, of the Public Records of Pine lias County, Florida, g. Mortgage to Secure a Loan executed by Clearwater Phase I Partners, Ltd" a Florida limited partnership, to and in favor of the City of Clearwater, Florida, securing the original principal sum of $250,000,00, dated as of May 7, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2534, of the Public Records of Pinellas County, Florida, said Mortgage having been subordinated by subordination Agreement executed by Fannie Mae, SunTrust Bank, Central Florida, National Association, as Trustee, the City of Clearwater, Florida, and Clearwater Phase I Partners, Ltd., dated May 1, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2546, of the Public Records of Pine lias County, Florida, , , I I h. Multifamily Mortgage, Assignment of Rents and Security Agreement executed by Clearwater Phase I Partners, Ltd" a Florida limited partnership, to and in favor of ARCS Commercial and Mortgage Co" L. p" securing the original principal sum of $95,000,00 dated as of April 1, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2571, of the Public Records of Pinellas County, Florida, which Mortgage was assigned by Assignment of Security Instrument (Assignment of Mortgage) executed by ARCS Commercial Mortgage Co" L. p" a California limited partnership, to and in favor of Fannie Mae, dated as of April 1, 1999, and recorded May 13, 1999, in Official Records Book 10515, Page 2586, of the Public Records of Pine lIas 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 is no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon, Clearwater Phase I Partners, Ltd" a Florida Limited Partnership By: CED Capital Holdings IX, Ltd" a Florida Limited Partnership ~~~d:;LD ~ESS Signatur~ A -:J1 -t\VL C (I ~ ~~;;~~:~: WITNESS Printed Name By: CED Capital Holdings IX, Inc" a Florida corporation, General Partner By: :r~ '1 :p. "ER..o ~, Title \) I L~ :p ~ 5 I b.!J0 --r Sworn to and subscribed to before me this ~~,,')day of cS ~+~'M...- ~ ,1999, Printffype Name Affidavit: Clw Phase I Partners 0899 My Commission Expires ,,',';;.::'f'r:o;', JENNIE L. NAPIER tr:t;."f;;~ MY COMMISSIO~ # CC 642414 ~'~'?l EXPIRES: Apn129. 2001 "'~iff.:f.;~~" Bonded Thru Notary Public Underwriters , , I I EXHIBIT "A" LEGAL DESCRIPTION (Lexington Club of Clearwater) A PARCEL OF LAND LYING WITHIN THE SOUTHWEST Y. OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE NORTHWEST Y. OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST BOUNDARY CORNER OF THE SOUTHWEST Y. OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE NORTHEAST BOUNDARY CORNER OF THE NORTHWEST Y. OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID SOUTHEAST BOUNDARY CORNER BEING S89003'29"E, (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION) 2655,25 FEET FROM THE SOUTHWEST BOUNDARY CORNER OF SAID SOUTHWEST Y. OF SECTION 15; THENCE N89003'29"W, ALONG THE SOUTH BOUNDARY LINE OF SAID SOUTHWEST Y. OF SECTION 15, SAME ALSO BEING THE NORTH BOUNDARY LINE OF SAID NORTHWEST Y. OF SECTION 22, FOR 65,00 FEET TO THE POINT OF INTERSECTION WIT THE WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH (STATE ROAD S-595-A); THENCE LEAVING SAID SOUTH BOUNDARY LINE OF SAID SOUTHWEST Y. OF SECTION 15; ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, NOoo15'59"E, ALONG A LINE 65.00 FEET WEST OF AND PARALLEL WITH THE EAST BOUNDARY LINE OF SAID SOUTHWEST Y. OF SECTION 15, FOR 170.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00015'59"E, ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, FOR 65.00 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH; N89052'44"W, FOR 426.97 FEET; THENCE NORTH 151.34 FEET; THENCE WEST FOR 215.76 FEET; THENCE NORTH, FOR 70,61 FEET; THENCE N3r52'25"W, FOR 178.48 FEET; THENCE WEST, FOR 113.07 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 8730, PAGE 362 OR THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 396, PAGE 1126, THE FOLLOWING THREE (3) COURSES: (1) THENCE S52007'35"W, FOR 117.49 FEET; (2) THENCE S00002'04"W, FOR 178.06 FEET; (3) THENCE N89003'52"W, FOR 183.26 FEET TO REFERENCE POINT "A", SAME ALSO BEING THE POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S21046'30"W, ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 143,36 FEET; THENCE S1r48'00"W, CONTINUING ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN (PAGE 1 OF 3) j J , , . I I PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 93.58 FEET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE SOoo09'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING A LINE 40,00 FEET EAST OF AN PARALLEL WITH THE WEST BOUNDARY LINE OF SAID SOUTHEAST Y. OF THE SOUTHWEST Y. OF SECTION 15, FOR 109.81 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID SOUTHWEST Y. OF SECTION 15, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE NORTH BOUNDARY LINE OF THAT CERTAIN PROPERTY (PARCEL 5) DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST y. OF SECTION 22; THENCE N89003'29"W, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING SAID NORTH BOUNDARY LINE OF THE NORTHWEST Y. OF SECTION 22, FOR 20.00 FEET TO THE NORTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID NORTH BOUNDARY LINE OF THE NORTHWEST Y. OF SECTION 22, SOoo02'05"E, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING A LINE 20.00 FEET EAST OF AND PARALLEL WITH THE WEST BOUNDARY LINE OF THE NORTHEAST y. OF SAID NORTHWEST Y. OF SECTION 22, FOR 117.49 FEET TO THE SOUTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, S89003'29"E, ALONG THE SOUTH BOUNDARY LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR 435.17 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, SAME ALSO BEING THE POINT OF INTERSECTION WITH AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3998, PAGE 1125; THENCE N00010'32"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR 57.07 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, S89052'44"E, FOR 339.48 FEET; THENCE NOoo15'59"E FOR 55.56 FEET TO THE POINT OF INTERSECTION WITH AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST y. OF SECTION 22, SAME ALSO BEING THE POINT OF INTERSECTION WITH AFORESAID SOUTH BOUNDARY LINE OF THE SOUTHWEST Y. OF SECTION 15; THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE SOUTHWEST Y. OF SECTION 15, N00015'59"E, FOR 133.48 FEET; THENCE N77040'52"E, FOR 141,17 FEET; THENCE S89052'44"E, FOR 329.95 FEET TO THE POINT OF BEGINNING, (PAGE 2 OF 3) I I TOGETHER WITH: COMMENCE AT AFORESAID REFERENCE POINT "A"; THENCE N89003'52"W, ALONG AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 FOR 10.70 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF AFORESAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, SAME ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, CONTINUE N89003'52"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125 FOR 70.50 FEET TO THE POINT OF INTERSECTION WITH AFORESAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE S00009'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; SAME ALSO BEING A LINE 40,00 FEET EAST OF AN PARALLEL WITH AFORESAID WEST BOUNDARY LINE OF THE SOUTHEAST Y. OF THE SOUTHWEST y. OF SECTION 15, FOR 190.57 FEET TO THE POINT OF INTERSECTION WITH AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, N1r48'00" E, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 62.49 FEET; THENCE N21046'30"E, CONTINUE ALONG SAID WESTERLY BOUNDARY' LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 139.90 FEET TO THE POINT OF BEGINNING, AND TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHTS AS GRANTED IN THAT CERTAIN DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED AS OF JANUARY 5, 1998, AND RECORDED JANUARY 8, 1998, IN OFFICIAL RECORDS BOOK 9957, PAGE 1937, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED FEBRUARY 12, 1999, AND RECORDED FEBRUARY 25, 1999, IN OFFICIAL RECORDS BOOK 10418, PAGE 340, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (PAGE 3 OF 3) .". I! .'; it," ~ l I EXHIBIT "B" I [NOT TO SCALE] I GREENWOOD AVENUE N\t&lj?il-W - - - soo . ;2:: ) \:,'}:: (:<o/>PAAcEL:1',;::::::,:';-::(, " . '. .:.... ." (THIS IS NOT A SURVEY) " " ..'." ;0, o' o. BUILDING DEMOllSHE PARCEL 8 L J:S - ~=- - J9=- 40 4. 42 _______, ____ 4J _____ _______