HIDDEN OAKS APARTMENTS INC
~
.tP.~
>~0
-,-.J-::.
I
I
KARLEEN F. DE BlAKER, CLERK OF COURT
PlHELLAS COI.JNTV, FLlllDA
---------------------------------------
2C170346 05-25-2001 17:00:25 YMW
51 EAS-HIDDEN AKS APTS nt
09'1395
11:01178832 BK:11392 SPG:0479 EPG:04B4
RECORDlt<<; 006 PfGS 1 $28.50
DOC STAtf - DR219 3 $. 70
:),~f]
TOTAL:
pr_ AHT. TENDERED:
,I lHtHGE:
Sv' _ OCPUTV llERK
01-178832 MRY-25-2001 5:01PM
PINELLRS CO 8K 11392 PG 479
____ ImmlmlllUllllJllUJIIUUL____
$29.20
S29.2O
$.00
i _ -.---J::: This instrument was prepared by
and return to:
Roger A. Larson, Jr., Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A.
P. O. Box 1368
Clearwater, FL 34617-1368
UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT ("Easement") is made on
m~ 26 , 2001, by and between HIDDEN OAKS APARTMENTS, INC., a
Florida corporation whose address is 7641 Cumberland Road, Largo, Florida 33777
("Grantor") and THE CITY OF CLEARWATER, FLORIDA a municipal corporation of the
State of Florida whose address is P.O. Box 4748 Clearwater, Florida 33758-4748
("Grantee")
R E C ! I A 1: s:
A. Grantor owns the property located in Pinellas County, Florida, more
particularly described in Exhibit "A" attached hereto and incorporated herein
("Easement Area").
B. Grantee desires and Grantor has agreed to grant to Grantee an easement
over, under, across and through the Easement Area for the purpose of operation,
repair, maintenance and replacement of the Grantee Utility Lines, including ingress and
egress over the Easement Area for such purpose.
NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars
($10.00) paid by Grantee and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Grantor, the parties hereby agree as
follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Grant of Easement. Grantor hereby grants, bargains, sells and conveys
to Grantee, its successors and assigns, a perpetual, non-exclusive easement, over,
J ,,-
/ "_J '- /~
J I j
\" -/~ /---,
~/ ~--'-
(q ~)
\ ' ,I
I
I
1\
across, under and through the Easement Area, for (i) the construction, installation,
maintenance, repair and replacement of the Grantee Utility Lines; and (ii) vehicular and
pedestrian ingress and egress solely for the purpose of performing such work in the
Easement Area. Grantor retains the right to use the Easement Area for purposes not
inconsistent with Grantee's use thereof. All construction in the Easement Area shall be
performed in a good and workmanlike manner, in accordance with all applicable codes,
ordinances, laws and regulations and shall be performed in a manner that will not
unreasonably interfere with the use of Grantor's property adjoining the Easement Area.
Grantee, at its sole cost and expense, agrees to repair and replace any landscaping,
fences, berms, concrete slabs or other improvements in the Easement Area, which are
damaged or removed as a result of Grantee's use of the Easement Area provided;
however, that Grantor may not locate any building in the Easement Area. Grantor
hereby covenants with Grantee that Grantor has good right and authority to grant this
easement and that the Easement Area is free from all liens and encumbrances
whatsoever except for the mortgage held by United Bank and Trust Company, which
has consented to this easement by joinder. This easement shall run with the land and
shall burden the Easement Area and benefit the Grantee in perpetuity.
3. General.
a. No Dedication for Public Use. Nothing contained herein shall be
deemed to be a dedication of any area for public use, and all rights and easements
herein created are private and do not constitute a grant for public use.
b. Effective Date. The easements and covenants created and
imposed by this Easement shall be effective upon the recording of this Easement.
c. Modification or Amendment. This Easement may not be modified
in any respect whatsoever, or rescinded, in whole or in part, except with the written
consent of Grantor and Grantee, or their respective successors in a written instrument
duly recorded in the Public Records of Pinellas County, Florida.
d. Bindina Effect. The benefits and burdens of the easement and the
obligations of each covenant set forth in this instrument shall run with the property
involved and shall bind or benefit the owners thereof, and their respective heirs,
successors, successors in title, legal representatives and assigns.
e. Definitions. As used herein, the following terms shall have the
following meanings:
(1) "Grantor" shall mean the owner from time to time of the
Easement Area, its successors, assigns, legal representatives, and successors in title
to the Easement Area.
(2) "Grantee" shall mean the City of Clearwater, Florida, a
municipal corporation of the State of Florida its successors, assigns.
2
o
......
......-0
;OZ
fTIfT1
or
-r
m:n
AU)
-0
_0
file
lOZ
N-f
-<
-0
Gl......
r
:n
l>.-
m
o
I
I
f. Governinq Law. This Easement shall be construed, governed,
interpreted and enforced in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the day and year first above written.
WITNESSES:
~~,(?LL-~ '
Print Name: ~Jrr!jj. nJ r;6+I!f-rh
~vk# ~ .
intNam: ~est cr~
INC.,
(Corporate Seal)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoin in~trument was acknowle9~ed ,before me this 2ff' day of May,
2001, by , as ?reslCkU:l.t: of HIDDEN OAKS
APARTMENTS, INC., a lorida corporation, on behalf of said corporation. [He] [She]
[is personally. known to !'lP-J [has produced as
identification]. ~~rn. ~
Notary Public ~ .
Print name: K.a.if1a In, PCUurnJ:ij
Exhibit "A" - Easement Area
#240180 v1 - Hidden Oaks Easement
3
o
......
......-0
;;OZ
fTIfT1
nr
.r
m:n
^Ul
-n
-0
to:lC
WZ
N~
-<
-0
Gl......
r
:n
A.
m
I
I
SUBORDINATION OF MORTGAGE TO EASEMENT
The undersigned holder of a promissory note, secured by a Mortgage, dated
December 31, 1997 and recorded January 5, 1998 in O.R. Book 9953, Page 1946, in
the Public Records of Pinellas County, Florida ("Mortgage"), encumbering the
Easement Area described in the foregoing Utility Easement hereby consents to the
granting of the Utility Easement and subordinates the lien of the Mortgage to the use
rights of the City of Clearwater, Florida, a municipal corporation of the State of Florida
under the Utility Easement.
Dated this 25th day of May, 2001.
UNITED BANK
COMPANY
AND
TRUST
// , ) (J
By: Cd ~ I, /ULV tltvj l'.~tL.
Cathy P. Swanson
As: Senior Vice President
(Corporate Seal)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 25th day of May,
2001, by Cathy P. Swanson, as Senior Vice President of UNITED BANK AND TRUST
COMPANY, on behalf of said corporation. She is personally known to me and did not
take an oath.
My commission expires: 1/27/02
I .,.~~,,- .WKEPIImR
I f.f ~~H MY OOII-nIDI ,a: 10151I
;, ~;^''!,~ exPlI&: ...,27. toOl
1. 'JI/ 0' ',.~ --..... ....... _ ~ .........._
....,.i.' ~ ..............--..w ...............
.~
4
o
......
......-0
;UZ
rTJrTJ
or
- r
m:D
A (I)
-0
-0
(ale
lOZ
N-t
-<
-0
Gl......
r
:D
b,..
m
N
..
, '
. .
I
EXHIBIT "A"
I
SEC. 15,TWP. 29S., RGE. 15E.
PROJECT NUMBER 01-2789
. .
NORTH LINE SE 1/4, SW 1/4
SECTION-15=-i9-15
_DBLLID ROAD
(66' R/W)
NTS
(0
....
LO
OJ
N
(0
....
S 89'03'52"E
s. R/W LINE 382.49'
15.0 '
140.99
0
'TJ
'TJ'lJ
:;;OZ
PUT)
or
r
m:n
"'(I)
-0
-0
we
wz
Co N-I
-<
co 'lJ
N G)'TJ
<0 r
I') :n
~.
,!JJ m
"-.r w
0
N
0
0
0
z
N 89'03'52"W 265.16'
~I~
Cl'l OJ
:11 :
~II~
~ I~
);Jl
.,.; // ~<to.
~")<o~
,,<v/./~~().
(~ "
,()o/ ./~~
~'k ~'k'k
~7./ ,()'O
,~'k
ijs
ij
-!/::'5.0.
~/L
"'. 0)
q&'
kJJ~
. r:v '^
~ .r:v
/::lIB
~I rv
/f'''
N
<0
N
13:
I~
IN
P
o
o
Vl
3:
.
-.r
o
c-.,
o
o
o
Vl
30.00'
S 89'03'52"E
~
C
~
'0
r--
cO
OJ
<0
..-..
CJ)
w
~
~
~
~
.......
~
-:q.
o
N
P
L{) 0
W 1'1 0
:::> gJ Vl
ZI
W ~ w
>..f5
<(..........
..... 3:
3: ..........
Vl a:::
o
o
O~
3: .....
Z Iw
W Vl
Ww
~5
'"
w
.
. -.r
<00
C!c-.,
coP
1'0
""'0
z
6.17' 177.04'
S 89'03 52 E
3:
OAT[
05-11-01
BIDDEN OAKS APARTMENTS
CLEARWATER, FL.
15.0' SANITARY
SEWER EASEMENT
SHEET 1 OF 2
POI.AR'S ASSOCIA TES INC.
PROFESSIONAL SURVEYING
2915 S.R. 590 SUITE 17
CLEARWA TER, FLORIDA 33759
727 669-0522
2789E SMT.DWG
SKETCH
SKETCH & DESCRIPTION
NOT
A
SURVEY