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CLEARWATER STORAGE COMPANY LLC ~.' .~ I I /7 \.....--- '. Or C ,- ,... ---;z J-/~. ;}C~ , r .J AGCT /~CJ Ri:::C -22.cJo DR.""') - ; r.: I~. .__.19._ C~,~'~ 00-121105 APR-25-2000 4:23~ PINELLAS CO 8K 10888 PG 2031 _llUllillUlllUUIIII "lm~1 tilUlll _.,.:...:.').:.... ..-.~-...:.~._=. ~~..~ r, ....,., . __. .. ~\. ~,',\' ;-~_:, F/:; --.- ----. F; t:V~-.-~-'~=' -~p;----_..- TO'jj:.\L ~2p -CKBAL__ CHG AMT / Prepared bv & retum to: Earl Barrett Engineering Department City of Clearwater P. 0, Box 4748 Clearwater, Fl. 33758-4748 SIDEWALK EASEMENT 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, CLEARWATER STORAGE COMPANY, L.L.C., a Florida Limited Liability Company 2106 Bispham Rd., Suite "B", Sarasota, FI. 34321 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: A portion of Block 4, MRS. SARAH MCMULLENS SUBDIVISION, as recorded in Plat Book 1, Page 41 of the Pu blic Records of Pinellas County, Florida, being more specifically described and depicted in EXHIBIT "A" attached hereto and made a part hereof. This easement is granted for the future installation and maintenance of a sidewalk. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to construct, install and maintain thereon such future sidewalk and utility facilities and to inspect and alter such sidewalk and utility facilities from time to time, This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors or assigns. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ;Jc2 day of ~bl"U(iel ' 2000. DocumentZJJ./ Tax Pd. $ . 7D $_________ ::'2:::,;:~'.i) -j':::xPd. K-'I",.,', F ~'~'~I".., .~'..,,' ,.-. ".. "~-"r'''v fJ; "'Q I~~ U:;;;:;...:' ,- ';;~,;J C~d; v /11, c: / (0) , ... ~", I I PIN~LLAS COUNTY rLA, Orr.R~C,8K 10888 PG 2032 Page 2 - Sidewalk Easement Signature & Acknowledgement page Grantor: Clearwater Storage Co., L.L.c. Grantee: City of Clearwater, Florida Parcel: Portion ofBlk. 4, Mrs. Sarah McMullens Sub. Signed, sealed and delivered in the presence of: ~ d?6WL/ STATE OF FLORIDA COUNTY OF SARASOTA CLEARWATER STORAGE CO., L.L.C., a Florida Limited Liability Company By: AMERICAN DEVCON CORPORATION, a Florida corporation, it's managing partner BY.~. Richard Bennett, President : ss The foregoing instrument was acknowledged before me this d d. day of 1e~:JH,{~ ' 2000 by Richard Bennett, as President of AMERICAN DEVCON CORPORATION, a Florida corporation, managing partner of CLEARWATER STORAGE COMPANY, L. L. c., a Florida Limited Liability Company, whom, being duly authorized, executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed on behalf of said corporation and said limited liability company for the uses and purposes herein set forth. (~W. ~~1l~~ Notary Public - ~fFlorida r ,V\ev(e.. :ewe-- Type/Print Name [ ~erSOnallY Known [ ] Produced Identification Type ofldentification Produced ~D NOTARY PUBLIC ./1. :. STATE OF FLORIDA \~ CHERIE E. ROWE . '. . CC 338782 MY COMMISSION EXP. JAN. 23, 2002 ,- I I ~~~, EXHIBIT "A" o 5 10 P-- SCALE: 1" 1 0' 20 THIS IS !::!QI A SURVEY . POINT OF COMMENCEMENT NORTHWEST CORNER Of SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, fL. N o ...... ......-0 . - ;UZ r'lr'l or -r m:D A (I) .... 01 01 ...... '" ~ z .....9 , I- '" U ..... w ;...V1 (" "- Ci 0 V1 ..... Z :J I- V1 ..... ~ W):' :::J< z~ Wi >"- <(0 I I- WI ...J(;) 1-- a::lr >-'0 :::!~ I ?,(I..... ~I~ "-I~ 9< 'il~ (;)11- 1r~ ....I~ ~I~ ..... I MRS. SARAH McMULLENS SUBDIVISION PLAT BOOK T, PAGE 41 -0 DO me mz lO-t -< -0 Gl...... r N:D 0- la) la) POINT OF BEGINNING NORTH RIGHT-OF-WAY - - Of LAlJRA STREET- - N89'07'42"E 30.00' LEGAL DESCRIPTION: That port of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida being more particularl y desc,ibed os follows: Commence at the Northwest corner of said Section 15, thence SOl'27'35"E, along the West line of said Section 15, for 579.94 feet; thence N89'07'42"E, for 30.00 feet to the POINT OF BEGINNING at the Northe~st corner of Myrtle Avenue and Lauro Street; thence N01"27'35"W, along the East right-of-way line of Myrtle Avenue, for 12.00 feet; thence S46'09'56"E. for 17.06 feet 10 the North right-or-way line of Louro ~;trccl; thence S89'07'42"W, along said North ,ight-of-woy line, for 12.00 feet to the POINT OF BEGINNING; Containing 72 squa,e feet, more or less. SURVEYOR'S REPORT: ~.. 1. There may be additional easements and or restrictions affecting this property that may be ~.' found in the public records of this county. 2. The sketch shown hereon is for informational purposes only and is not intended to depict 0 ~ survey performed in the field. I 3. The sketch and legal description shown herewith, was p,epared without the benefit of 0 title abstract and is subject to any and 011 easements. ,estrictions or ony other motte's of ,ecord. 4, Bearin~s shown hereon a,e based on on assumed datum, more specifically the bearing of ~ SOl'2735"E, being the West line of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida. SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT Sl:Al.I: llAIL Il!lAllti ~ 1" = 10' 02/02/00 G.W.K. G.W.K CIGIlLIl M.J.M. Not valid without the signature and the original raised seal of a f1orido licensed Surveyor and ~opper, CERTIfiED AS TO SKETCH AND LEGAL DESCRIPTION /P(~ r,M~/ MARK J. McCARTHY Professional 'Surveyor de ~opper Stole of F"lorioo Registration I ~651 C(llTIFlCA1[ or ^U! lOl"^'ION Nu III ltilO .IOIUIo. , 177-001-000 SEC..!lllIl 15 ~ IlAItrL 19 SOUTH 15 EAST ~:,.,.,]- g , .... ....:......"~.l... .",.1*:', ENOI""~.RIN~.':: ASSOCIATES, INC. ..21 wtYClIW,; NlGHWAY ". PHON( .11 a MO. ...' OHE U_ c:vom. lUlt 300 ,..." . ... . ..., T.MlP"" ~ >>tJ4 ( WAIl 1r,1f\ve--'"i....,.._'... "If'" Sh~el ..J_ 0' l I I G\ r','~'IC~F:'.:J. t:;!j ":./-'1-"''''' ~ !~,:~:::~, .(..()~O"l() . .:,:"_1., -1"~oO c:\~::{._~~ " ",i~"_~__ ~PNE:~~lFll~SC()FlPR8K25io28()e()e() P~ :io3~~ ... ... -- - -lJIillJHJJ/JUIUJ/JIULI~mI3Jnm __ __ _ _ _ ;\-],1'<~,: Prepared bv and return to: / Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 ---~" ==~~-=:-- TOTAL .!'~oo - Cl( 81\L -- CHG Miff == CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST THE UNDERSIGNED, owner of a lien on or secured interest in the following described premises: A portion of Block 4, MRS. SARAH MCMULLENS SUBDIVISION, as recorded in Plat Book 1, Page 41 of the Public Records of Pinellas County, Florida, being more specifically described and depicted in EXHIBIT "A" attached hereto and made a part hereof, as evidenced by a mortgage dated December 1, 1999 given by CLEARWATER STORAGE COMPANY, L. L. C., a Florida limited liability company ("Mortgagor') in favor of FIRST UNION NATIONAL BANK, a National Banking Association ("Mortgagee''), as recorded among the Official Records of Pinellas County, Florida in O. R. Book 10739, Pages 1611 - 1626, does hereby consent to and joins in the granting of that certain Sidewalk Easement given by said Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, on February 22, 2000, and further subordinates said mortgage interest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grant, together with facilities described therein. /'? rJ. . JVt WITNES~HEREOF, the undersigned has caused these presents to be signed this ~aay of tLr- e . , 2000. Signed, sealed and delivered in the presence of: FIRST UNION NATIONAL BANK, a National Banking Association .~ qi~~ Print name KCt.1/ A. {5,'(J' r1 ~ .ejc- I By: ,. ~ ss Signature Ja.n/r,e K./A-'CZ/ T""-'~' I I PINELLAS COUNTY rLA Orr,REC,SK IOSSS PG 2035 ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion of Blk. 4, Mrs. Sarah McMullens Sub. Grantor: Clearwater Storage Company, L. L. C. Grantee: City of Clearwater, Florida STATE OF FLORIDA :SS COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned, personally appeared Ted Starkey, as Senior Vice President of FIRST UNION NATIONAL BANK, who executed the foregoing instrument on behalf of said banking institution and acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth. , Prin t: ~ -r:. c-e- ~~~Y PfJ OFFICIAL NOTARY SEAL o~. <9(... JANICE K lICE ~! ~rr (I COM~SSI!lt NUMBER t1. ,It ea .... ; "At <( :61 306 ~ < ~ MY COMMISSION EXPIRES OF F\..O APR. 26,2001 [~OnaIlY Known [ ] Produced Identification Type of Identification Produced _ ._U_,_ _ i . I I 0 5 10 20 ,...- I SCALE: 1" 10' N : - THIS IS NOT A SURVEY EXHIBIT" A" POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION IS, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FL. '!! z ....9 , ..... 10 U ...., .... r..Vl !" u. 50 Vl.... z ::i ..... Vl .... ~ W-;:' :::J< z~ Wi >u. <(0 I ..... Wr ...JU 1-- a:::cr >-. ::e~ I ~I.... ~I~ U.I~ 9< .....1.... ~I~ cr~ .....I::::t ~Il:i .... I o ..... .....-u ~z P)p) Or -r W:n ^(f) ',q Ol Ol .... 10 MRS. SARAH McMULLENS SUBDIVISION PLAT BOOK " PAGE 41 .....0 DO me mz (0., -u-< Gl..... r N:n o. w m POINT OF BEGINNING 1 N89'07'42"E .30.00' NORT~ '3.1~f!2 -_QF::.. W~Y _ - - Or LAURA STREET LEGAL DESCRIPTION: That part of Sectian 15, Township 29 South, Range 15 East, Pinellas County, Florida being more particularly described os follows: Commence at the Northwest corner of said Section 15, thence S01'27'35"[, along the West line of said Section 15, for 579.94 feet; thence N89'07'42"E, for 30.00 feet to the POINT OF BEGINNING at the Northe5st corner of Myrtle Avenue and Lauro St,eet; thence N01'27'3S"W, along the East right-of-way line of Myrtle Avenue, for 12.00 feet; thence S46'09'56"E, for 17.06 feet to the North right-or-way line of Louro ~;trcel; thence S89'07'42"W, along said North right-of-way line, for 1 2.00 feet to the POINT OF BEGINNING; Containing 72 square feet, more or less. ! SURVEYOR'S REPORT: 1. There may be additional easements and or restrictions affecting this property that moy be .~ found in the public records of tnis county. 2. The sketch shown hereon is for informational purposes only and is not intended to depict a ! survey performed in the field. l 3, The sketch and legal description shown herewith, was prepared without the benefit of 0 title abstract and is subject to any and 011 easements, restrictions or any other matters of record. 4, Bearin~s shown hereon ore based on on assumed datum, more specifically the bearing of SOl '27 35"E, being the West line of Section 1 5, Township 29 South, Range 1 5 East, Pinellas County, Florida, SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT :il:Al.E IlAIf. llIlA!Ilt ~ 1" = 10' 02/02/00 G,W.K. G.W.K Qj[QI(Q M,J.M. Not valid without the siqnoture and the original raised seol of a Florida licensed Surveyor and Mopper. CERTIFIED AS TO SKETCH AND LEGAL DESCRIPTION ~ 1177-001 -000 SEtIIllII 15 ~ II6IIl;[ 19 SOUTH 15 EAST /Jf~'T,4~ IolAP.K J. t.AcCARTHY . Professional Surveyor &: ~opper State of notioo Registration , 4651 CfHlIr1CA1( Of AU!'CW/AlION Nu. LU 1610 ~.y.,,;. .,... :'-'J _ ),";..,...\,~ g '. .'.':...""1." ' "',';;il~~~ ,o. .~..l RNaINRBRINa'.; ASSOCIATES. INC, _Ut ~ NCHWAV, PMQtrC IU. 110 . III' ON[ YCWDMIri. CENTtft. IUfYt JOO' 'AI I']. ~. U81' TN*' I\CNIIID4 >>IJ_ (WAIl ~t"''''I''t ,." Sheel -L of -L ......:.. I I AFFIDA VIT OF NO LIENS STA TE OF FLORIDA : ss COUNTY OF SARASOTA BEFORE ME, the undersigned authority, personally appeared Richard Bennett, as President of AMERICAN DEVCON CORPORATION., a Florida corporation, managing partner of CLEARWATER STORAGE COMPANY, L.L.C., a Florida Limited Liability Company, whom, being first duly sworn, does depose and say: I, That said limited liability company is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: DESCRIPTION: A portion of Block 4, MRS. SARAH MCMULLENS SUBDIVISION, as recorded in Plat Book 1, Page of the Public Records of Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A" attached hereto and by reference made a part hereof. 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: (List or insert "NONE") /lJ.tJ/II'~ 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: That certain Mortgage and other instruments of security, given to First Union National Bank, a National Banking Association, dated December I, 1999 as recorded in Official Records Book ("ORB") 10739, Pages ("Pgs") 1611 through 1623 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. , , I I 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 STORAGE COMPANY, L. L. c., a Florida Limited Liability Company By: AMERICAN DEVCON CORPORATION, a Florida corporation, it's managing partner BY~ lchard Bennett, President kbrucur ,2000. CiaUR-.z:i?~ My Commission Expires Sworn to and subscribed to before me this ~ ~ dav of C)~ cKcw Notary Public - State of Florida C~JCiG f--K:oW~ PrintfType Name Affidavit: Clw Storage Co, LLC. 0200 GD NOTARY PUBLIC .j " 6.. :. STATE OF FLORIDA . 6 CHERE Eo ROWE . CC 338782 MY COMMISSION EXP. JAN. 23, 2002 ~ I I EXHIBIT" A" o 5 10 ~ SCALE: 1" 20 I THIS IS !iQ..! A SURVEY 10' POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FL. N -.. Ol ai .... on 'D z wQ . ... on (.; '" w jo... V1 ,.. l0- a 0 V1 w Z ::; ... V1 W ;t W-;- =>< z;t ~.l <(0 I ... WI ....JC-' 1-- a::Q: >-0 ~e I ~Iw ~I~ lo-I~ 9< j:1~ !:?I:r Q:.>- ...1::; ~I~ w I MRS. SARAH McMULLENS SUBDIVISION PLAT BOOK 1, PAGE 41 POINT OF BEGINNING N~T!:i.. ~~GH..:! -_~F.:.. W~Y _ - - OF LAURA STREET NB9'07'42'E 30.00' LEGAL DESCRIPTION: That port of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida being more particularly described os follows: Commence at the No,thwest corner of said Section 15, thence S01'27'35"[, along the West line of said Section 15, for 579.94 feet; thence N89'07'42"E, for 30.00 feet to the POINT OF BEGINNING at the Narthebst corner of Myrtle Avenue and Lauro Street; thence N01'27'35"W, along the East right-of-way line of Myrtle Avenue, for 12.00 feet; thence S46'09'56"E, for 17.06 feet to the North right-or-way line of LourCl ~;trecl; thence S89'07'42"W, along said North right-of-way line, for 12.00 feet to the POINT OF BEGINNING; Containing 72 square feet, more or less. SURVEYOR'S REPORT: ;.. 1. There may be additional easements and or restrictions affecting this p,ope,ty that may be .~ found in the public records of this county. 2. The sketch shown hereon is. for informational purposes only and is not intended to depict 0 ~ survey performed in the field. i 3. The sketch and legal description shown herewith, was prepared without the benefit of 0 title abstract and is subject to any and 011 easements, restrictions or any other matters of record. ~ 4. Beorin~s shown hereon ore based on on assumed datum, more specifically the bearing of SOl'27.35"E. being the West line of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida, SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT st!Lt llAIl ll!WIIl l:6LWl CIGIWl 1" = 10' 02/02/00 G.W.K. G.W.K M.J.M. olQIUlA. SE.CllC!I ~ II6Ia 1177-001-000 15 19 SOUTH 15 EAST ~~i... g I!NOIN...RIN~-;: ASSOCIATBS. INC, "'2' wtuoRW,;....,..,. PHON( '11- 1m. _, 0Hl: WI_ CIHIP, NIl .lOO ,.. .','... 11I2 l.wP'~ ~ >>IS4 f -. IWI lUflt_ll"..-ti""'I"t ,.." Not volid without 'he signature and the original raised seal of 0 FICll'ido licensed S"..o)'Or ond Uoppe'. CERTIFIED AS TO SKETCH ANO LEGAL DESCRIPTION /J!~T4~ UAPK J. t.lcCARTHY Professional Surveyor & Uopper Stote of F"1oriOQ Registration , 4651 C(IHIf"ICA1( Of AU! .OlllAIION N". LU ]61ll Sheet -L- of -L-