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NEW EXCEL REALTY TRUST INCORPORATED 4(l Ree ." , ilI\RLEE~' F DE BLAIfEn r'LLl1i}5;[) rOliPT i\H,\ !';:I I I f\ Fd __, L..\f\..::t!f ,_I __.,<] F'INELL~S COUNTY, FLORIDA 1'''' rl~ ~ .' - ---------- --",. '.... -----------.------- 'f ~,t'iJ ~.'l.;' L" .':>~ ) i Js instrument was prepared by d return to: . . D. Armstrong III, Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. P. 0, Box 1368 Clearwater, FL 33757-1368 Q .~Gt;S ~ f>.CCI~. . :::--::::~ c,~G..{'\ ~ . \\'C.C,'1?Z'Id ~ \)S v ___ _____ \)S ___ ____ ,';-II '" .----____ rt;'C.'" W \-!II';: ~IC ..' \\t;'J IOIf>.\. 2C1'34841 09-n-2002 15:13:52 LCH 51 AG~:-NEW PLAN EXCEL/CITY CLEA~;I,l)ATEr:: 000000 IU:02340167 BK:12217 SPG:0%2 EPG:O%O RECORDING 009 PAGES 1 $42.00 DOC STAMP - DR219 3 $.70 43 !~t Tot ---_.-- /) f..' /~ TOTAL: $42.70 ~AHT.][NDERED: 142.10 CHANGE: $.00 BY ___ DEPUTY CLERK 02-340187 SPT-12-2002 3: 13~ ~INELLAS CO 8K 12217 PG 952 111111I1111111111111111111111111111111111111111111 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into on 5~ t.{, ' 2002, between NEW PLAN EXCEL REALTY TRUST, INC., a Mary nd corporation ("New Plan") and the CITY OF CLEARWATER, FLORIDA, a municipality ("City"), R E C I TAL S: -------- A. City is the owner of the real property located in Pinellas County, Florida, described in Exhibit "A" attached hereto and incorporated herein (the "City Property"). B, New Plan is the owner of the real property located in Pinellas County, Florida, described in Exhibit "B" attached hereto and incorporated herein (the "New Plan Property"), that it acquired from the Cit pursuant to the terms of that certain Contract for Exchange of Real Property, dated -, - ~oo 2002 ("Exchange Contract"), which is adjacent to the City Property, C, City requested and New Plan agreed to grant, pursuant to the terms of the Exchange Contract, a non-exclusive easement for ingress and egress over and across, portions of the New Plan Property which are more particularly described herein, which easement shall benefit the City Property. D The parties desire to enter into this Agreement for the purpose of evidencing their respective rights and obligations in connection with their use and enjoyment of the Easement Area, as hereinafter defined. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: /V J /",-,..! ,'" /, ,t_ ,. f' /' t.". .: i-../:..,~. t ,:"..,/ ~'~." (1;(//, ,I ./ / PINELLAS COUNTY FLA OFF.REC.8K 12217 PG 953 1 . Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Grant of Easement. New Plan hereby gives, grants and conveys unto City, its successors and assigns, a perpetual non-exclusive easement for ingress and egress, over and across such paved driveways as may exist from time to time on the New Plan Property (the "Easement Area") for the purpose of providing the City Property with vehicular access to Gulf-to-Bay Boulevard. City agrees to use the Easement Area in accordance with all applicable codes, ordinances, laws and regulations, and in a manner that will not unreasonably interfere with New Plan's use of the New Plan Property. New Plan shall have the authority to relocate, repair and replace driveways located within the New Plan Property provided that the City shall at all times have vehicular access from the City Property across the Easement Area to Gulf-to-Bay Boulevard. New Plan shall maintain the Easement Area, at its sole cost and expense, 3, Scope of Easements. The easement granted herein shall run with the land and shall burden and benefit the New Plan Property and the City Property, as applicable. 4. Reservation and Riqht in Owner, The easement granted hereby by New Plan is subject to a reservation and right in New Plan to construct and maintain on the New Plan Property any structures or other improvements which do not materially interfere with the use or enjoyment of the easement created by this Agreement for the purpose described herein. 5, Insurance. New Plan, at its sole cost and expense, shall obtain and keep in full force and effect comprehensive public general liability insurance against all hazards arising out of orin connection with the use and enjoyment of the Easement Area. All insurance maintained hereunder shall be procured from insurance companies rated "A" or better in Best's, Each party agrees to indemnify and hold harmless the other from and against any and all such claims asserted by any person, firm or corporation in connection with the Easement Area, including attorneys' fees (as defined in Section 6 of this Agreement), and arising from the negligent acts of the indemnifying party. 6. Attorneys' Fees, Etc. Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to protect its interest in any matter arising hereunder, or to recover damages for the breach hereof, the party prevailing shall be entitled to recover from the other party all reasonable costs, charges and expenses, including attorneys' fees, the value of time charged by paralegals and/or other staff members operating under the supervision of an attorney, and other legal costs, expended or incurred in connection therewith, before, during and subsequent to any litigation, including arbitration and appellate proceedings. -2- COUNTY rLR. PINELLRS 12217 PG 954 Orr .REC.8K 7. Notices. Any notice to be given to or served upon any party hereto, in connection herewith, must be in writing, and may be given by hand delivery, facsimile, certified mail or guaranteed overnight delivery service, return receipt requested, and shall be deemed to have been given and received when a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail or when delivered into the custody of the overnight delivery service. If given otherwise than by certified mail or guaranteed overnight delivery service, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Notices shall be given to the parties hereto at the following addresses: FOR CITY: FOR NEW PLAN: William B. Horne II City Manager City of Clearwater p, O. Box 4748 Clearwater, FL 33758-4748 Telephone: (727) 562-4040 Facsimile: (727) New Plan Excel Realty Trust, Inc, 1120 Avenue of the Americas New York, NY 10036 Attention: Steven F. Siegel Telephone: (212) 869-3000 Facsimile (212) 869-3989 WITH A COPY TO: WITH A COpy TO: Pamela K. Akin City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 Telephone: (727) 562-4010 Facsimile: (727) 562-4021 E. D. Armstrong III, Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P,A. 911 Chestnut Street Clearwater, FL 33756 Telephone: (727) 461-1818 Facsimile: (727) 441-8617 Either party hereto may, at any time by giving five (5) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which notice shall be given and other parties to whom copies of all notices hereunder shall be sent. 8. 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, -3- PINELLAS COUNTY FLA, OFF,REC,8K 12217 PG 955 b. Effective Date. The easements and covenants created and imposed by this Agreement shall be effective upon the recording of this Agreement. c. Modification or Amendment. This Agreement may not be modified in any respect whatsoever, or rescinded, in whole or in part, except with the written consent of New Plan and City, or their respective successors, and joined by the holders of any recorded real estate mortgages encumbering any of the New Plan Property or the City Property, in a written instrument duly recorded in the Public Records of Pinellas County, Florida. d, Bindinq Effect. The benefits and burdens of the easement and the obligations of each covenant set forth in this instrument shall run with the particular parcels of property involved and shall bind or benefit the owners thereof, and their respective heirs, successors, successors in title, legal representatives and assigns, e. Governinq Law, This Agreement shall be construed, governed, interpreted and enforced in accordance with the laws of the State of Florida. f. Counterparts, This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. [Remainder of page intentionally left blank] -4- PINELLRS COUNTY FLR. OFF .REC.8K 12217 PG 956 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written, WITNESSES: NEW PLAN: ~ Erie. ::L D WI Print name NEW PLAN EXCEL REALTY TRUST, INC" a Maryland corporation By: .2/WI~ I. Jt{ rd~ Thomas L. Mulkey ~--r-=-zr Senior Vice President Date: ::>\J W'\<C '2S, '2.00'2. .11~ ~ Signature pr~;~~e&~ (Corporate Seal) Address: 1120 Avenue of the Americas New York, NY 10036 STATE OF UTAH COUNTY OF DAVIS ) ) The foregoing instrument was acknowledged before me this '2> day of June, 2002, by Thomas L. Mulkey, as Senior Vice President of NEW PLAN EXCEL REALTY TRUST, INC" a Maryland corporation, on behalf of the corporation, He [is personally known to m~][has produced (LI- tJ:,L as identification]. : l*~-) 2~~~~i~3 : &t:~iC~t? - ~ , I ~ ~} My Commission Expires . r / J I' # A- r 1# U J. . '" J899 ... March 2, 2003 I Print name: U/f II' _ , . Vvrcll-ll1.s L _ _ _ State of Utah .J -------- I My commission expires: 3/:r 6.3 -5- PINELLAS COUNTY FLA. OFF,REC.8K 12217 PG 857 Countersigned: CITY: CITY OF CLEARWATER, FLORIDA BY~-''':i3. L~ William B. Horne, II City Manager ~: /;t ~ "- a K. Akin ~ r .., City Attorney STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this ~ day of ~ 2002, by William B, Horne II, City Manager, attested by Brian J, Aungst, Mayor- Commissioner, on behalf of the City of Clearwater, Florida, a municipal corporation, They [are personally known to me] [have produced as identification] , ~Jl~,,ljt~) otary pu~,' !J. L ) I Print name: . "50. L I :::-LJJ My commission expires: Exhibit "A" - City Property Exhibit "B" - New Plan Property ~..~ft:t... Denise A. Wilson €.:l'~1-\ MYCOMMISSIONI CC914107 EXPIRES ~'~..w June 18 2004 ....~Rf.~.. BONDED THRU TROY FAiN INSURANC~ INe 06/21/0203:21 PM d-1 33638.103553 #262053 v1 -6- EXHIBIT.A PINELLAS COUNTY FLA, OFF.REC,8K 12217 PG 858 LEGAL o ESCRIPTJ ON: (SEE DATA SOURCES Z) flcHe"l V! I: TRACT I. ~ RESUB OF 8ASl( IN' S J~EPLAT. AS RECORDED I N Pi-AT BOOK 24, PAGE 4Z. PUBL I C RECORDS OF PI NELLAS COUNTY, FLOR I DA. LESS AND EXCEPT THAT PART OESCfHBEO AS FOLLOWS: o~N;.R OF THE NORTHEAST 1/4 OF T~E SOUTHWEST 1/4 OF BEG I N AT THE NORTHWEST C H' :. RANGE I 6 EAST. AND RUN THENCE NORTH 89* ~6 · 0 I . SECTION 17. TO~SH1P 29 ~O~TER LINE OF SAID SECTION IT. 415.0 FEET; TH~NCE EAST, ALONG,TH~ ~~;WES50 00 ~EET' THENCE CONTINUE SOUTH 0.21',6" WEST, 469.02 SOUTH O*ZI 26 " . THENCE NORTH 69*46' 14- EAST. 192.95 FEET: FEET FOR A POINT O~ B~GI~NING; RUN F~~' THENCE RUN NORTH 0.21 '26" EAST. THENCE RUN SOUTH 6904136 WEST, 206.Z0 ~'. 70.79 FEET TO THE POINT OF aEGI~NfNG. 'J PARCEL. VIII: BEGIN AT .THE NORTHWEST CORN';:R OF THE NORrH~ ~~~~ ~~~T~O~~~~I ~/~~~ SECTION 17. TOWNSHIP 29 SOUT~E ~~GES~~~T ~~ 796.80 FEET; THENCE RUN SOUTH ALONG THE ,EAST-WEST CENTERL.I OF A RESUa O~ 0'" 21 '26' WEST SO 0 FEET TO TH~ NORTHWEST CORNER OF LOT Z, BASKIN'S REPLAT 'AS RECORDED IN P~T SOCK 24. PAGE 42. PUBLic RECORDS OF PINELlAS COUNTY 'FLORIDA' THENc'~ RUN SOUTH 0'*13'59. EAST. 398.Z3 FEET FOR THE POINT OF BEGINNiNG; THEN~E CONTINUE SOUTH 01013'59' EAST. .70~79 FEET: THENCE RUN SOUTH 69046' 14. WEST. 193.69 FE~T; iHENCE RUN NORTH 69*41 36 EAST. 206.21 FEET TO THE POINT OF BEGINNING. Less and except the following pa~cel: A parcel of land being a portion of Lot 1, A RESU8 OF BASmN'S REPLAT, as recorded in Plat Book 24, page 42, Public Records of Plnellas County, l=Jorida, together with a portion of the Southwest 1/4 of Section 17/ Township 29 South, Range 16 E3St, Pinel/as County, Florida, being more particularly desCrfbed as follows: Commence at the Northwest comer of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Plnellas County, Florida; thence North 89 deg. 46'01" East along the East.West centerline of said Section 17, far 415.00 feel: to the point of Intersection with the Northerly extension of the West line of Lot 1, A RESUB OF BASKIN'; REPlATt as recorded in Plat Book 24, page 42, Public Records of PlneJlas County, Florida; thence "~avlng said East-West centerline of Section 17, South 00 deg, 21'26" West along said Northerly extension of the West line of Lot 1 and the West line of said Lot 1 (being the basis of bearings for this legal de:;crlptlon), respectively, for 60.00 feet to the POINT OF BEGINNING; thence contInue South 00 deg. 21'26" West along said West line of Lot 1, for 458.65 feet to the point of intersectIon with the Westerly e:d:ension of the South llne of that certain property as described in O. R. Book 4272, page 1503, Public Records of Plnellas County, Florida; thence leaving said West line of Lot 1, North 89 deg. 46'14" Eas:: along said Westerly extension of the South line of that certain property as described In O. R, Book .d.272, page 1503 and the South line of said certain property as described in O. R. Book 4272, page 1503, respectively, for 386.69 feet to the Southeast corner of said certain property as described In O. R. Book .d.272, pa~e 1503, same also being the paint of Intersection with the Southerly extension at the East line of said Lot 1i thence North 00 deg. 13'59" West along sClid Southerly extension of the East line of said Lot 1 and the East line of said Lot 1, respectively, same also being the East line of said certain properly a; described In O. R. Book 4272, page 1503 and the Northerly extension of said East line of that certain prcperty as described In O. R. Book 42.72, page 1503, respectively, for 71.42 feet; thence leaving said East line of Lot 1, South 89 deg. 46'01" West, far 254,27 feet; thence North 00 deg, 13'S9" West, for 1;0.00 feet; thence South 89 deg. 46'01" West, for 68.54 feet; thence North 00 deg, 13'59" West for :327.23 feet; thence South 89 deg. 46'01" West along a line 60.00 feet South of and parallel with said Ea";t-West centerline of Section 17, for 59.15 feet to the POINT OF 8EGINNING, 69v-~ ZO/ZO'd 995-1 llS8lvvLZH ^'3~V'8'NOSNHOr-WOJ~ WdSZ: to ZQ-LZ-90 ~ EXHIBIT B e S:\220-07\LS\22007-LS11,dwg - Aug 16. 20024132am - dw)1lie THIS IS HQl A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE. BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION PINELLRS COUNTY rLR Orr,REC,8K 12217 PG 958 LEGAL DE:SCRIPTION: A PARCEL OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST. PINELLAS COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 CORNER OF SECTION 17. TOWNSHIP 29 SOUTH. RANGE 16 EAST. PINELLAS COUNTY, FLORIDA: THENCE, N89042'45"E ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 (BEING THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION). FOR I .792,40 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT I, A RESUB OF BASKIN'S REPLAT. AS RECORDED IN PLAT BOOK 24. PAGE 42 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE LEAVING SAID EAST-WEST CENTERLINE OF SECTION 17, SOooI9'S9"W, ALONG SAID NORTHERLY EXTENSION OF THE WEST LINE OF LOT I AND THE WEST LINE OF SAID LOT I, A RESUB OF BASKIN'S REPLAT, RESPECTIVELY, FOR 60,00 FEET TO THE SOUTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD (STATE ROAD 60) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION IS040-(2SI7)2S22, DATED FEBRUARY 1984: THENCE LEAVING SAID WEST LINE OF LOT I, N89042'4S"E, ALONG A LINE 60,00 FEET SOUTH OF AND PARALLEL WITH THE SAID EAST~WEST CENTERLINE OF SECTION 17, FOR 19, IS FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N89042'4S"E, ALONG SAID LINE 60,00 FEET SOUTH OF AND PARALLEL WITH THE EAST-WEST CENTERLINE OF SECTION 17. FOR 40,00 FEET: THENCE LEAVING SAID LINE 60,00 FEET SOUTH OF AND PARALLEL WITH THE EAST-WEST CENTERLINE OF SECTION 17, SOooIS'26"E, FOR 240,00 FEET: THENCE S89044'34"W, FOR 40.00 FEET: THENCE NOooIS'26"W. FOR 239,98 FEET TO THE POINT OF BEGINNING. CONTAINING 9,600 SQUARE FEET OR 0,220 ACRES. MORE OR LESS, ERROR OF CLOSURE: 0,000 FEET (DAW) SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN IS BASED UPON A BOUNDARY, TOPOGRAPHIC, TREE 8 DESIGN SURVEY PREPARED BY POLARIS ASSOCIATES INC., TITLED "CLEARWATER MALL". PROJECT NUMBER 001-1463, DATED 9-24-99, AND AND BOUNDARY WORK COMPLETED BY FLORIDA DESIGN CONSULTANTS, INC, IN PREPARATION OF PROPOSED RECORD PLAT OF CLEARWATER MALL (P), THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRiPtiON) IS SOLELY BASED UPON THE GEOMETRY AS DESCRIBED ON THE DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. , PR.EPA~ED ,F'OR: THE SEMBLERd COMPANY-'-~c SHEET DESCRIPTION: SCALE: LEGAL DESCRIPTION AND SKETCH OF FIRE STATION INGRESS/EGRESS EASEMENT /DATE: 8-16-2002 DRAWN: CALCED: CHECKED: 220-07 17 29 5 16 E I hereby cerlify thaI Ihis legal dncriplian and sketch meels Ihe minimum technical standards os set forlh by Ihe Florida Boord of Professionol Land Surveyors in Chapler 61G17-6 Florida Administralive Code, pursuanl 10 Seclion 472,027, Florida Slaluln NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA ~ LICENSED SURVEYOR A~D MAPPER, . C&\...c:- C- lJcit~ B-/6-oZ DANA ,WYLLIE PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 5874 STATE OF FLORIDA N/A DAW DAW TDF JOe No,: SECTION: TOWNSHIP: RANGE: J f FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS. ENVIRONMENTALISTS 11 "" SURVEYORS 8 PLANNERS JJ 2369 McCormick Drive Clearwaler. Florida 33759 (813) 724-8422 Certificate of Authorization: LB 6707 State of Florida ~Copyright 2001 Florida Design Consultants, Inc. Drawings and concepts may not be used or reproduced without written permission, Sheet -L of ....2... · EXHIBIT "B" Page 2 S:\220-ohLS\22007-LS1!,dllig.~ 'Aug 16, 2002eo32om - dw)1lie THIS IS t:QI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE. BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION GULF TO BAY BOULEVARD (STATE ROAD 60) RIGHT-OF-WAY VARIES (FOOT SEcnON 15040-(2517)2522) ~ ~-'" CENTERLINE OF sE~nE'! 17-29S-16E _ _ _ V- v--N89'427'4S"E 1792,40' -'1 POC (BEARING BASIS) . SOO'19'S9"W W 1/4 COR OF 8 60,00' SEC-17-29S-16E ci (J:) N SOUTH RIGHT OF WAY LINE N89.42'4S"E(P) N89.42' 4S"E(P) 19.15' o~~. ,Jo SCALE: ,. . SO' COR PG SQ FT MOL R/W O/A POB POC ORB PB CB AC BLVD SR US FOOT SEC (P) 50 LOT 3(P) ~ to N ,...., it> u -r ........1-0 ~ 00 en ...J Z ~w Ol Z b:J Sl ~ e PINELLAS COUNTY rLA, orr.REC,8K 12217 PG 980 --...--.----.----------..---...----..-.------- .~- CEN TER OF N EXTENSION OF S:E '7-29S-'\ W LINE OF LOT 1 t ~ '0 o c:i If) Co 0'1 0'1 I") N '0 o o 'Ot N = CORNER = PAGE = SQUARE = FEET = MORE OR LESS = RIGHT-OF-WAY - OVER ALL = POINT OF BEGINNING = POINT OF COMMENCEMENT = OFFICIAL RECORDS BOOK = PLA T BOOK = CONDOMINIUM BOOK = ACRE(S) = BOULEVARD = STATE ROAD = UNITED STATES = FLORIDA DEPARTMENT OF TRANSPORTATION = SECTION = INFORM A nON TAKEN FROM THE PROPOSED PLAT OF "CLEARWATER MALL" SSg.44'34"W 40.00' '-1 t:o ~ o. (/)(/) W 00::: au ~< 0'10 II N N <0 W 0:::0::: <0 W to N it> ..... o a (/) ;-- LOT 1 A RESUB OF BASKIN'S REPLA T PB 24, PG 42 ,...., a.. ........ w . . (J:)(J:) NN . ,...: ~CXl o o Vl N89.44'34"E(P) 94,89'(P) N89.44'34"E(P) 68,54'(P) tHt: .... SEMBLER tc5MPA~fY" DATE: DRAWN: CALCED: CHECKED: i'.f!:.' ,\::::./..:; ~ro 9)' .n; "?~ r;G N89.42'45"E(P)!:V LOT 1 ~ LOT S(P) A RESUB OF SEE SHEET 1 FOR LEGAL DESCRIPTION . BASKIN'S REPLA T SEE SHEET 2 OF 2 FOR SKETCH PB 24, PG 42 NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN IS BASED UPON A BOUNDARY, TOPOGRAPHIC, TREE a DESIGN SURVEY PREPARED BY POLARIS ASSOCIATES INC., TITLED "CLEARWATER MALL", PROJECT NUMBER 001-1463, DATED 9-24-99, AND AND BOUNDARY WORK COMPLETED BY FLORIDA DESIGN CONSULTANTS, INC, IN PREPARATION OF PROPOSED RECORD PLAT OF CLEARWATER MALL (P), THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON THE GEOMETRY AS DESCRIBED ON THE DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY, EQR,... SHEET DESCRIPTION: LEGAL DESCRIPTION AND SKETCH OF FIRE STATION INGRESS/EGRESS EASEMENT I hereby certify Ihot this legal descriplion and sketch meets Ihe minimum lechnical standards as sel forth by the Florida Baard of Professional Land Surveyors in Chapler 61G17-6 Florida Administralive Cade, pursuant 10 Section 472.027, Florida Statutes NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER, ENGINEERS, ENVIRONMENTALISTS g SURVEYORS 8 PLANNERS 2369 McCormick Drive ~ a (.1 L ~j tJ ' / b ~ OZ Clearwater, Florida 33759 DANAd%. WYLLIE (813) 724-8422 PROFESSIONAL SljRVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5874 State of Florida STATE OF FLORIDA @Copyright 2001 rlorido Design Consultants, Inc, Drawings and concepts may not be used or reproduced without written permission. Sheet -2.... of -2.... SCALE: '''=60' J09 No,: 220-07 8-16-2002 DAW DAW TDF SECTION: TOWNSHIP: RANGE: 17 29 S 16 E Oct-Ol-0Z 04:41pm From-RUDEN MCCLOSKY " 813 2Z9 9128 T-995 P,002/004 F-476 ~ e . -.-....-....... UUUI" I' I LW\.l.lJn 2C194B42 09-12--2002 15:15;20 LCH 51 AGR-NEW PLAN EXCEl../CIlY ClEARtrJ~1ER OOCOOO I~:O~J40169 BK;l221? SPG:09f,7 EPG:0969 RECORDINfi 003 PAllS 1 $15.00 ~ ,.AGES ACCT # Cl-lG M.tT OK AM'( ( J~ Prepared by and Return to: James B. Soble, Esq. Ruden. McClosky, Smith. Schuster & Russell, P.A. 2700 SunTrust Financial Centre 401 East Jackson Street Tampa, Florida 33602 e /" REC =tS c.-= oS DR219 OS INT FEES MTF ?/C REV ...... TOTAL 1 ~~ TOTAL: $15.00 CHECK AMT. IDIDERED: $15.00 GHANI!: $ _ 00 BY __ DEPUTY lliRK TERMINATION OF EASEMENT AGREEMENT ---. TIllS TERMINATION OF EASElVlENT AGREEMENT is made and entered into this a"'tlay of June~ 2002, between NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation, successor by merger to Excel Realty Trust, Inc., a Maryland corporation ("New Plan") and THE CITY OF CLEARW ATER~ a municipal corporation (the "City"). 02-340lse 5PTe-K12t-222010"f F~: l:~ RECITALS: LFl5 CO r = INEL I\llU1I1lllllmlllllllD\llI\Mlllll1\ll11 WHEREAS~ Trizec Properties, Inc. and the City entered mto that certain Easement Agreement executed November 28, 1989, recorded in Official Records Book 7172, Page 1500 of the public records of Pinellas County, Florida (hereinafter referred to as the "Easement Agreement~'); - WHEREAS, New Plan and the City~ as the CUITent owners of the property affected by the Easement Agreement, desire to terminate the Easement Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, New Plan and the City agree as fol1o~: 1. Temrination of Easement Agreement. New Plan and the City hereby agree that the Easement Agreement recorded in Official Records Book 7172, Page 1500 of the public records of Pin ell as County, Florida, is hereby terminated. 2. Release. New Plan and the City hereby release and discharge each other, their officers, directors, agencies and employees in connection with any action, liability, expense or cost relating to or pertaining to the terminated easement arising after the date of termination of the Easement Agreement. ~ - 3. Entire Agreement: This Termination of Easement Agreement embodies and constitutes the entire understanding among New Plan and the City with respect to termination of the Easement Agreement. All prior or contemporaneous agreements, understandings, representations and statements, whether oral or ~tten are merged into this Termination of Easement Agreement 4. Aoolicable Law. This Termination Agreement shall be governed by and construed with the laws of the State of Florida. TP'-':234259;2 e I - Oct-Ol-OZ 04:4Zpm From-RUDEN MCCLOSKY '" 813 ZZ9 91Z8 T-995 P,003/004 F-476 __ - ......Ul~ I T FL.R ~ ,R~C~8K 12217 ~G Sse IN WITNESS WHEREOF, New Plan and Wachovia have executed this Termination Agreement the day and year first written above. Signed, sealed and delivered in our presence Witnesses: tD ,,~, ::J NEW PLAN EXECL REALTY TRUST, INC., a Maryland corporation, successor by merger to EXCEL REALTY TRUST, INC., a Maryland co tion e F. Siegel cutive Vice President STATE OF tfE'"lAJ '10(( (, COUNTY OF ,.{~{)j UO~~ I The foregoing instrument was acknowledged before me this / <?'ftj day of June, 2002, by Steven F. Siegel, as Executive Vice President of New Plan Excel Realty Trust, Inc., a Maryland corporation, successor by merger to Excel Realty Trust, Inc., a Maryland corporation, on behalf of the corporation. He [select one]: [~ is personally known to me; or [J produced a driver's license as identification. UNDA A. TCRRETTO Notaly public. State of New York No. 24-4617924 Qualified ill Kings County Certificate fjJecl in New YOlk County Commission Expirll$ I'Cr 39, 19 ~ //.y /06 'rPA:234259:1 2 Oct-Ol-02 04:42pm From-RUDEN MCCLOSKY e . .r 813 229 9128 T-995 P,004/004 F-476 ceRE:C ,BJ< 122.17' F'G ....nsss e Attest: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation By~._-:e. /J...".~A William B. Home, II) City Manager C\ . a E: Gou~eau, City Clerk Appr ed as to form: ~~~tt=eY =- Countersigned: By: // .A Brif&-;~ Mayor-Co~ssioner -----..........--...... STATE OF t:'~'(l.~ _ COUNTY OF ~ tk ....,,--Lu The foregoing instrument was acknowledged before me this d day of ~002, by William B. Home, II, as City Manager; Brian J. Aungst) Sr., as Mayor-Commissioner; Cynthia E. Goudeau, as City Clerk; and Pamela 1(. .Akin, as City Attorney of The City of Clearwater, Florida, a municipal corporation, on behalf of the municipal corporation. They are . pe.-sODa!ly known tome. f1~ y1 jJ~ ".~-:;I:~~ OeniseA Wilson Notary Pu . - (Signature 1.'1' :"7;l;~ MYCOMMISSION# CC9141D7 EXflIRE"rint Name: ~ /,:;)1 ~~ June 1B. 2004 M C . - Ex' ....{ ....... IlONDfDll1RUTlOYFAI"~lNc. y omnuSSlon pIres: I TPA:234259,2 3 AFFIDAVIT OF NO LIENS STATE OF UTAH ) COUNTY OF DAVIS ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared Thomas L. Mulkey, as Senior Vice President of NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation ("Corporation"), who [is personally known to me] [produced as identification] and who, being first duly sworn, deposes and says that: 1. Corporation is the owner of the real property located in Pinellas County, Florida, as is more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is now in possession of the record owner, and there is no other person or entity in possession of the Property or who has any rights or tenancies to the Property. 2, No Notice of Commencement affecting the Property has been executed, recorded or posted by the undersigned, except for the Notice of Commencement, recorded April 26, 2002 in O.R. Book 11968, Page 1932, Public Records of Pinellas County, Florida, filed by Sonny Glasbrenner, Inc. ("Notice of Commencement"). Sonny Glasbrenner, Inc. is the sole lienor that provided Notice to Owner pursuant to the Notice of Commencement. 3. To the Affiant's knowledge, the Property is free and clear of all liens, taxes, encumbrances, and claims of every kind, nature, and description whatsoever, except for real and personal property taxes for the year 2002, and matters shown on Title Insurance Commitment (File No. 1037-1246) issued by FIRST AMERICAN TITLE INSURANCE COMPANY, through its agent JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P,A. (collectively, "Title Company"). 4, The Affiant knows of no state or federal judgment or lien of any kind or nature whatever against the Property. 5, There has been no labor performed on or materials furnished to the Property within the past ninety (90) days for which payment in full has not been made or otherwise provided for and for which valid liens could be filed; to Affiant's knowledge, there are no claims whatsoever of any kind or description against the Property for which liens could be filed according to the statutes in such cases made and provided; and no informal notice of claim has been received by the undersigned including, without limitation, unrecorded labor, construction or materialmen's liens against the Property. 6. The Corporation has received no notice of any public hearing regarding pending or future assessments against the Property for improvements by any governmental agency and there are no unpaid or pending bills, assessments or liens against the Property for sanitary sewers, paving, utility installation, service or other improvements made by any public utility or governmental agency, whether or not such assessments appear of record, 7, The Affiant knows of no easements or claims of easements for uses or adverse interests not shown by the public records, pertaining to the Property including, without limitation, any unrecorded easements or rights-of-way created through use or adverse interest with respect to the Property, except with regard to the asphalt drive (and associated fencing) located near the northerly corner of the Property, as shown on that certain Boundary Survey of the Property prepared by Dana Wyllie of Florida Design Consultants, Inc., Job Number 220-07, dated June 25,2002. The Corporation knows of no violations or breaches of any covenants, conditions or restrictions applicable to the Property including, without limitation, building setback violations and use restrictions violations. 8. There are no estate tax, inheritance tax, or income tax liens, under federal or state laws, against the Property, or against the Corporation, which would affect the Property. 9. There is no outstanding unrecorded agreement of sale, option, deed, agreement for deed, conveyance, mortgage, or lease affecting the title to the Property, other than the agreement incident to which this Affidavit is given. 10. The Corporation is not a non-resident alien, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations), and the U.S. taxpayer identification number of said owner is 33-0160389. 11. This representation is made under oath for the purpose of inducing the City of Clearwater, Florida ("Purchaser") to purchase and the Title Company to insure title to the Property. 12. The Corporation makes and delivers this Affidavit of No Liens fully realizing that the Title Company and Purchaser are relying hereon in order to close such purchase. This Affidavit of No Liens is made with full understanding of all laws appertaining to affidavits in Florida, and full faith and credit may be given hereto. The undersigned further certifies that the undersigned has read the complete text of this Affidavit and fully understands its contents. 13. All statements made herein shall, to the best of the knowledge and belief of the undersigned, be true and correct as of the date and time the deed is recorded. There are no matters pending against the undersigned that could give rise to a lien that would attach to the Property between the date hereof and such recordation. The Corporation has not and will not commit, between the date hereof and the date and time of such recordation, any act that would cause the statements made herein to change or to become invalid, nor will the undersigned execute any instrument that would adversely affect the title to the Property. -2- 14. The Corporation agrees to indemnify and shall save and hold the Title Company harmless from and against any claim, liability, or cause of action which arises by virtue of any of the foregoing representations being false or untrue or from any lien or claim which is filed or enforced for any labor, services or materials used or furnished to the Property, for or on account of benefit of the Corporation, NEW PLAN EXCEL REAL TV TRUST, INC., a Maryland corporation 14 By: SWORN TO, subscribed and acknowledged before me this July Z , 2002. r-....--------- ~ /J ~ iL \ 1%Fri) Notary Public' 'LLtt Vl. J / I ,,'oil'" ~~A JULIE A. JENKINS I t, . /l 1/<) Ii;, ~ 1018Athe~on Dr" 8202 No PublJ~ 1 i1 J' A." L .' ~ >'.., " Salt Lake City" Utah 84123 I Print name' VIA } 14 rvYUlJ lA co I ~ ~~ My Commission Expires ,./".~ ' _". _ r v...J .'. 1899". March 2, 2003 . I My commission expires: 3" / L _ _ _ _ State of Utah ..I ;J..- D":2.. ------_ -.....J 07/02/0201:41 PM d-1 33638.103553 #270077 v1 -3- EXHIBIT" A" Lot 9, CLEARWATER MALL, according to the plat thereof as recorded in Plat Book 125, Pages 20-28, Public Records of Pin ell as County, Florida. Together with the benefit of that certain Ingress/Egress/Utility Easement (Private) on a non-exclusive basis, as described in that certain Clearwater Mall Plat, as recorded in Plat Book 125 Pages 20-28, Public Records of Pin ell as County, Florida and as further described on Exhibit "C" attached hereto and made a part hereof. 05/JO/2002 THU 11:J4 FAX 727 724 8606 FDC Clearwa~er Exhibit "GIft "'C:I ---. S. \:l20_o7\1.S'\%ZOO7-L.511.4wq - IIIay 711, zaoz 0 4: ~ - dwyli. THIS IS .ttQI A SURVEY TH~R( MAY BE ADDITIONAL RESTRICTIONS A"[I:TII'IO 'rH1, ~fIQ~E"TT THAT MAY aE F'OUND IN THE PUBLIC RECORDS 01' TI1IS COuNTY. THIS l.EGAL OESCRIPT10N IIoND SKLTCH WAS PRtPARED WITHOUT THE THE 8ENIt'IT 0' A COMhllTMENT F'OR TIT1.E INSURANCE. BEARINGS ARE eASED UPON. SEE SKE:TCH AND LEGAL DESCRIPTION ~ l__= LEGAL DESCRIPTION: A PARctl. OF l.AND l.TING WiTHIN TH~ SOUTHWEST 1/4 OF' SEcTION 17, tOWNSHIP ~9 SOUTH, RANCE 16 EAST. PI~EI.LAS COUNTT. 'LORIDA, BEING MORE PARTICULARLT DEseRIB~D AS FOLl.OWS: cClMlE.NCE AT THE we:ST 1/. CORNER OF' SECTION .7, TOWNSHIP Z9 SOUTH, R4NGE 16 EAST, PINELl.AS COUNTY, rLoRIOA: THENCE. Ne9.4l'~~"E ALONG THE,EAST"WEST CE~TERLINt OF 511010 SECTION IT (BEING THE BASIS OF BEARINGS rOR THIS LEGAL DESCRIPTIONI, FOR I ,792.40.((T TO THE POINT ,OF' INTERSEcTION \\'ITH THE NCATHERLT e;XTEN$IOl\l OF THE WEST LINE OF' l.DT I. A RESUS OF' BASKIN'S REPLAT, AS ~ECOROED IN PLAT BOOK 24. PAGE 42 0' THE PUBLiC REcORDS Or PINELLAS COUNTY. rLORrDA: THENCE LEAVING SAID ~AST-WEST CENTERLINE o. SECTION 17, SOO'19'S90W. Al.ONG SAID NoAT~LT EXTENSION OF THE WEST LINE Or LOT I AND THE WEST LINE of SAIO LOT I. A RESUB Or BASKIN'S REPL4T. ~E$PECTlvELT, FOR 60.00 FtET To THE SOUTH RIGHT OF' WAY l.IN~ OF GU~r TO BAT BOULEVARD (STATE ROAD .OJ AS SHOWN ON F'LOAIOA OEPARTMENT OF TR~NSPORTAT10N RIGHT OF WAT MAP,' sECTION 1:l040-li!SI7lZ522. DATED FEBA1JART 198..: THEJIIce: l..EAVING 5AI0 WEST LINE OF l.OT I, N89"..2'4S"E, ALONG A LINt BEING 60.00 FEET SOUTH OF AND PARALLEL TO THE SAID EAST-wEST CENTERl.INe; OF SECTION '7, FOR 59,15 FEET; THENcE LEAVING SAID LINE BEING 60,00 rEET SOUTH of AND PARALLE~ TO THE EAST"wEST CENTERLINE OF SECTION 17. SOO'15'~6"E, F'OR !Z7.26 FEET; THENCE N89-..'3doE. FO~ 6B.!4 FEET: THENCE SOO.15'260E, FOR 60.00 FEET: THENCE NB9"44'34"E. FOR i!S4,27 F~ET THe POINT of INTERSECTION WITH THE !AST LIN( OF SAID LOT I, A RESUS OF' BASKIN'S REPl.AT: THENCE SOO' 15'26"E. ALO~G T~ESAIO EAST l.INE OF LOT I, FOR 0.63 FEET To tHE SOUT~EAST CORNER OF SAID LOT I, A REsue OF BASKIN'S REPlAT, SAME ALSO BEING THE SOUTHWEST CORNER or LOT Z, SAID A REBUS OF BAS~I~'S REPLAT ANO THE ~oINT OF BEGINNI~G, T~ENCE LEAVING TH~ SAID EAST l.INE OF ~oT I AND ALONG THE SOUTH l.INE 0' SAID l.OT Z. A RESUS OF BAS~IN'S REPLAT. S39"OS'08'E. ~OR 95,59 FEET; THENCE LEAVING THE SAID SOUTH LINE OF LOT 2. SOO.,"26"E, FOR 3'11.3. rEET: 'TMENCE S3'"OB'Oa"E, FOR 12','6 FEET To THE INTLRSEcTIO~ WITH THE ~OATHWESTERLT LINE oF' SKT HARa~ ESTATES CORPORATION CONDOMINIUM, AS RECOROED IN CONOOMINIUM PLAT aoOK 13, PAGE. 99 OF THE puBLIC RECORDS OF' P'NEL~AS COUNTY, #';~oRIOA: THENCE S50aS~"2"W ALONG THE SAID NORTHWESTERLT LINE OF S~Y HARBeR ESTATts CORPQRATION CONDOMINIUM FOR 165,34 rEET; THE~CE ~EAVING SAID NORTHWESTERLT LINE of SKY HARBOA ESTATES CORPORATION CONDOMINIUM. NOO.,,'2S"w, FOA 474.36 .EET: THENCE Se9"4'1'34"W, rOR 10,00 ~EET: THENCE NOO. le'2s"W, FOR 142,81 FEET TO THE POINT QF' BEGINNING, CONTAINING ~',39B SOUARE FEET OR 0,813 ACRES. MORE OR LESS. SEt SHEET 1 .OR LrGAL DESCRIPTlC SEE S"'EET 2 FOR SI<ETC NOTe:. THt c:t~iIlY PERTAINING to THE p""en or ~AND SEIIlG DESCRI'BEO HEREIN to! 'A!lEO UPON A BOUNDARY, TOPOcA4PHIC. TRE: DeSIGN SURVEY PRtPAAEe a. POLARIS ASSOCIATES INC., TIT1ED 'CLE~RWATER ~~o. PROJECT NUMBtR OOI.I,G~, DATED ~_~4-9', AND BOUNDARY WOA~ COMPLETED BY rlORIOA DESIGN eON~ULTANTS. INC IN PREpARATION OF' PROPOSED REcORD PLAT or ~AW' MALL IP1. THE ClEa.tl!TAY ~tRiAININC TO THE PAACEL OF LAl'Cl BEINO OtsCRIBfC. HEREIN (THE OE!CRIPTIONI IS ~~LT IiIoSEO u' THE GEOMETRT As DESCRIBED ON THE DOCUMENTS 1Io! NOTED HEREIN AND IS SUBJ(CT TO AN ACCURATE rlEl.o 80UND~RT suRVtf. PREPARED FOR: !CAl.t. NIA LEGAl.. DESCRIPTION, AND SKETCH OF IDATD OA"_ 15-28-2002 DAW Sl:C1lCN1 THE SEM8LER COMPANY LOT 8 INGRESSfEGRESS EASEMENT SHE;C1 ~TIO'I, ~Il; OftCICED~ I hereby cer lily 'lhOI Ihl~ rl\llll Qncr iplllln and " m._I. '''. min.m\l", 11C~"lcol alonda,d, a. ,.1 ~ 117 Ilia .Iorldll Soard of Pfare.~ionol Land. sur"c;< in Chapl" 61G17-6 F'la,ido Admin;..ra....€" putsl/onl 10 SUllon 47Z.0~7. Florida SIGlules NoT VAl.ID WITHOuT THE SIGNATURE AND 'l'liE: ORICINAl. RAISED SEAL OF A ncRIO; LICENSED $URVETOR AND MAPPER. .JJEI Na.J OtlW ,~ Ttl. .-cz: 220-07 17 ~9 S 16 E , ~FLORfDA DESIGN CONSUL. TANTS, ENGINEERS. ENVIRONMEiNT ALl5 T S J SURVEYORS B PL*NNERS Z~I!t "'~Co'''''11l 0....". c...,....,. F'I.,;". 337511 181~ I 721-8122 Cllrlilic:alll ..f Aulhorlzation: LS 15707 c..... .., n...:...,. INC. 9_L c... LUfi.~t.;. ~Jze/.n. DANA. . WYLLIE . PROFESSIONAL SURVEYOR AND MAPPER I.ICEHSE INMae:~ LS ~a74\ STATE OF" F"LORlDA S: \2Z0-07\LS\22l1l17-l,S8,ll.. - M8Y %II. ZOO2. 4L;l2;lm - "",.. EXHIBI'l' "l,;" .l:"ag'= ~ THIS IS ~ A SLJRVET' . THERE: MAY IE AI:IOlTIONAL" RESTflrCTlONlI AFFECTING THIS PROPERTY THAT MAT B~ rOUND IN THE pu8t.re REcORDS or THIS Call1'lTT. THIS LEGAL D!:SCRIPT10N AIIIO 5KETc:H WAS PREPAIIEIl WITHOUT THE TH~ ,8CJlIUIT 01" A COMMITMENT "OR TlTt.E INSURANCE. ' aE:ARINGS AilE BASED UPON. SEE SKETCH ANO LEGAL DCS(JtJPTIOJll pee El/~ COR oF' SEe-17-29S:-16E (ej;~.. " !:llTOlSlON OF' ll-lE .., LIIIlE rs LOT 1 soo,rsrw \. 60.00' SOUfIol JlIQo17-Ol'-I'IA'P LINE -Q.lI 70 IiI"T BOIII,tYAACl CFtlOT ~ 1~IZ~17)25ZZ) .... s ..., z == ~ COUl.' TO SAY eCULEVARC (STATE ROAC 50) JIIalT-(lF-III...... v.......:1 (FDOT ~ 1~leo-21112 .....0 F\)QT lIEenl:lll 1~~1"~22' NW COR OF LOT I - - EAST-WEST ctiiTER"UNE :~ ~T SEe 17-29S-1St PS 24, PG "2 N UNE LOT 1 ~ w- '3 ";: LOT 1 -.. ~ ~:q N't:~4;'t A RE,SU8 OF 9 ~ ...s:: I'" 8ASlCIN S RtPLATI;I ... 6'" ...~ PB 24, PC 42 ~ 5 ~ ~e ..,. II> i NSV'44'34"t.".. i ~27' o~ '........... " '-'~~ u::,.:...-- ./ y... ././ F .,. =':- " NlC " - . ~ ION .., r" 0..... o z S3S'0a'OS-E . 9S.~9' 58g"44.34 -W , 0. 00' '\ CENlER Ot~ SEC 17-29S-115E: N ~ " .. ... ... ~ LOT 2 A RESUe OF' BASI(IN'S RE?LA T PB 24. pc; 42 ... ,., - .... l"':I LOT 8 (P) NOT ~A TTED ~ -to ~ 1.1.I . cc IS in r o Q en / C~ Fa so F'T weL. FI./W C/A PCS POC QK8 PEl C8 AC at. 'ID SiR US FtlOT stc (p) - CORNER - PAct _ $QUARE - F!:tT . 1lI0RE OR I.~S _ RlCHT-or-WAY _ CNDl AU. _ PCIINT 0" IilECilNPfING ... PClIN T oF" CQIIlt.ltNctlolEN T _ omCAl. RtCOROS BOClC _ Jl'\..AT SQOIC _ c:tlNDOMINIUIIl BCQK. .. ACRE(S) _ SCUl..E:VAAO - ST'" Tt ~Cl"" _ l,INlTEC Sf A TtS _ nofI!lOA OEJINt'NtHT OF TIlAHsPQRTAllClN - SEC'TlCN ... lNFORlllA nON T AKtJII FRCM THE PI'(QPQStD PLAT elF' -Cl.EAAWAlER MALL." De:T AIL N15 INGRESS~GRESS E:ASEMENT (P) AREA-.'3~,.3915 SO FT OR O.Bl J ACRES, MOL NOT F'LATTEO LOT 9 (p) NOT PLA TIED SEE SHEET I FOR LEGAL. DESCRIPTION SU SHEn 2 OF 2 tOR S1CtTCH NOTE: TJoIE GE:CMtTW'P ~EJIT"'INIOll: TO TM," ~.oIIcn. OIF L.I.l'lO llEING OESClUB~ H~"EI" IS IA&Etl U~Ol\I A eOUNOART, TOl'CGR~P"IC. TREE I1 DC"Il" SURIIET p~lIl'IEllll'l' POLARIS ASSOCIATES INCH TITl.EO "C\..EAAWATtR MALL', ""0JEcT "UlEER OOI"t<4&~. ClATEt! '-~.-", ~ND AHD 80UNDART _ ca.Pl..En:O BT FT..QlIIllOA DE"c:l'I CCNSULTAHTS, I loll; , IN PRV'IlRATION 01' PROPOSEO RECORD PLAT OF CI.E.ARWATiR MALI. IPI. THE GEt:IIIo\&:TR'I' pE:l'lTA1NII'IC TO 'l'HC F'ARCD.. OF' LANCl BilNG llE:::CRtOED HEllEIN (TJ04E OESCRIPTIONI IS ~CLELT BAUO UPON THf; IlE~RT AS OUlOR1Sf;l:l QJIl Tl1E DOl:\MEJn'S AS ND~ HEREIN AND IS SU8JECT TO ~ ACC1,lRATE FIELO BOUIIID4Ii'l' SURVET. NORlHWES7!Rl or L.INE $I('!' H-'R80R ESTATES l:OlU'QRA TlON CONCO".INI\.J ".. .~,. . ......11I :.jc SKY HARBOR ~. 1":r_'~. ESTATES ...~ CORPORA TlON CONDOMINIUM cpa 1.J, pc; 99 PIlCJ'~ 'OR! THE SEMBLER COMPANY SMf.C! otRIllP_ LEGAL DESCRIPTION AND SKETCH OF LOT a INGRESS/EGRESS EASEMENT 220-07 17 29 5 16 E I hueD., Ul'lil,. Ihal 1111. legal d.,c:,ipllon .nd Iklll:" ",...Is Ih" minimum lechnlC:81 Ilanela,el. a' !Ill !orlh by Ih" Florida aaerd 01 Pro/.nional Land S~,.,.yott In ellaple.. SIGI7-6 rl11rida Admln,hlrQIlV. ..Coo., pUrllIOnl 10 5.c:llon 472.027. FlorIda 510lulu 1\101' VALlO WITHOUT" THE SIGNATURE AND THE ORIGII'fAL RAISED SEAl. 0" A FLORIDA LICENSED SURVEYOR AND MAI'P~R. JOB Nil.: PAm oe._ 5-28-2002 CAW !CCIO'I. c:.r.u:ElI! OAw lD\WIISIOP: QlCClrIlll sc.u. 1....100. TO,. .- Ei FLORIDA DESIGN CONSULTANTS, /HC. ENGINE!.:R5. &:NYUlONMENT AUSTS JJ sUR;:;.:e:~.:..n PUo.:!RS' Qd-< ~ WJ4~;' 5~t1/~ a__.I.,. I'I_rU. 33'l'!. DAlilA A,...WYLLIE . 11113) 721-6'12 PROFESSIONAL SURVETOR AND MAPPER CerlifJcate- of Authcarlzotion: LB 15707 LICENSe: NUMBER L.S ~a74 Slal. at flartdca SiA TE OF FLORIDA ~CGIIJI'I9IIl 2lIlf FlWido 0..". CGMuII....tt.. Ift~ a,....,....... -"_ _, IIOl be ..... ", ............ 00\11I....1 "'l\lon '''"'I..... Sheet -2... of -2.. "