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ABSOLUTE PROPERTY HOLDINGS INC (3) .... _-,_,_t ~_! . I 99-184.t4 JUN- 4-1999 2: 50PM PINELLAS CO 8K 10541 ~G 107 u~,_-JII~IIIIIIIIIIIIIJJil~ll~IIIIIIIIIII" 1I1I1111 : PAGES~': '- -'"' "0 O ~\)(un:onlary ra~ I'll ;" -, - ,-., -' - ,- ' - ACCT ~'" ,',', " _---'-, ,"':;:""'}!', , REO ~~:;~'1:Nn -('(fa e;~;.~;).,',' ':;,...',-,\, .,~,:~ '\., ,'.1", '/ . h',i' . ~Y-"'~ I....:~'~ DR219 -J_uu__u __,_ Prepared bv & return to: Earl Barrett Engineering Department City of Clearwater p, 0, Box 4748 Clearwater, Fl. 34618-4748 f\ EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1,00) in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, ABSOLUTE PROPERTY HOLDINGS, INe., a Florida corporation 6875 Ulmerton Road, Largo, Florida 33771 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, a twenty foot (20') easement, being ten feet (10') either side of the following described line over, under and across the following described land lying and being situate in the County of Pin ell as, State of Florida, to wit: Commence at the southwest corner of Lot 37, GULF TO BAY GARDENS, as recorded in Plat Book 50, Page 60 of the Public Records of Pin ell as County, Florida; thence N 00020' 15" W, 218.64 feet along the west boundary lines of Lots 37,36 and 35 of said lots to the POINT OF BEGINNING; thence N 59045'21" E across portions of Lots 34,35,36 and 38 of said plat, 182.27' to the POINT OF ENDING, as depicted in EXHIDIT "A" attached hereto and made a part hereof. This easement is for drainage and utility installation and maintenance, The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any drainage and utility facilities and to inspect and alter such drainage and utility facilities from time to time, Grantee shall restore the easement premises upon completion of each utilization, Grantor reserves the right at any time after ten (10) years following the grant of this easement to terminate all rights granted hereunder by giving Grantee one hundred eighty (180) days written notice of its intention to terminate this easement, Within the 180-day period following Grantee's receipt of the Grantor's Notice of Termination, the Grantee shall, at its sole cost and expense, relocate all its facilities located within the easement premises, properly backfill the abandoned stormwater pipe and restore the easement premises to the condition which existed prior to Grantee's relocation of all its facilities, / )/ 0 .;;-;'- (._~- (IJ;;) I I PI~ELLAS COUNTY rLA Orr,REC,8K 10541 PG ios '" Page 2 - Drainage & Utility Easement Grantor: Absolute Property Holdings, Inc, Grantee: City of ClealWater, Florida Six months following Notice, all rights granted hereunder shall extinguish and neither Grantor nor Grantee shall have any further rights or obligations hereunder. IN WITNESS WHEREOF, t~ undersigned srantor has caused these presents to be duly executed in its name this /.J day of /I.P~I t.. , 1999, Signed, sealed and delivered in the presence of: ~~ WI~~t1. n~ure tI-~cI~ Print ' es~ame Absolute Property Holdings, Inc" a Florida Corporation Attest: tdJL c:u-....... Patrick J. Wash, Vice President/Secretary STATE OF FLORIDA : ss COUNTY OF PINELLAS TN The foregoing instrument was acknowledged before me this / 3 day of /)~AIJ. , 1999 by James Serrabella, President of Absolute Property Holdings, Inc" as duly authorized by resolution of the board of directors of said corporation, and on behalf of said corporation for the purposes therein described, -12.. _d y? ~ Notary ~ ofFlonda / ~,fo'l R. /}LL~I/ Type/Print Name 1><] Personally Known [ ] Produced Identification Type of Identification Produced " ~ ~ I I ~. PINELLAS COUNTY FLA, OFF ,REC,8K 10541 PC 109 Page 3 - Drainage & Utility Easement Grantor: Absolute Property Holdings, Inc, Grantee: City of Clearwater, Florida STATE OF FLORIDA : ss COUNTY OF PINELLAS 7'N The foregoing instrument was acknowledged before me this / ..J day of /l"Vi. , 1999 by Patrick 1. Walsh, Vice President/Secretary of Absolute Property Holdings, Inc" as duly authorized by resolution of the board of directors of said corporation, and on behalf of said corporation for the purposes therein described, ~'1?OLL Notary Publ'c - State of Florida /. r~o,/ R 4L..I..EH Type/ Print Name ~\\\\" 1111 """'1 ~"~~~~~~~~~8;111~ ~ .. .',SSION o. ~ ~ .0 ~w f.,r, .. ~ ~ .. ,,\:) ~\W 1 ~.. ~ - ."-~ /?,,%. - .: : ~ ~- ~ tP ~ -:: ~*: ft .... ~ :*~ ~~~. #CC i9972e : ~~ ~ ::A -. .. 92 ~ '~'?,p ../'-o10nderJ \'r-\~",<;,"....;ss~ 'l. ;J.-~ ...Fam-Insu\..<,<( '* ~I ~p ....... ~,~ '/111 dUe SIf>.\~ ~"", II I I I" j 11111\\\\\\ p(] Personally Known [ ] Produced Identification Type of Identification Produced r"" ~.; 4". I P INELLFlS COUNTY F'LFl, 0F'F',REC,8K 10541 PG 110 EX,HIBIT "A" ;,. Ul cx:i N lOT 34 ~ P.O.E. I ~ LOT 35 I \~t I I NDRTH ~~\ ~e I ~&.~ ,0 5e I Scale 1 II 50 J ~~ I t. 0 .; I ,\\tj ~ utI l<..I I -~ ;; I "oge 0 ::J I I 0(0\(\ I ~ in I ZOlOT 36 I ~ () I I I 0J~ CO I 1 -- ~~ ((Oi I I I d ~ lOT 38 I ~~. I I <<-1' .;1 ~ ~ I (j l<..I ::1 LOT 37 I 51 I inl 1 I 1 I I W ::J Z W > <( o > <( o ~ . III ... (, ('II o o z I ~. s. W. Cor. Lot 37 Gulf To Boy Gardens P .B, 50 Pg. 60 GULF TO SAY BLVD. (S.R. 60) t'~%~"" CITY OF CLEARWATER, FLORIDA ;~~) PUBUC WORKS ADMINISTRATION \~J;I '\:~rER ~"l ENGINEERING ~--'" Lg199-01 D.King 02/18/99 . . ~: .:3 -;:::;;;..7) ..-z. 0 /.JL-':_~- I pS~1-SL~;:SO~OJU~K lliok~~S 1;:: 4 IPM -______ _""II"~II~I~mH~UJlII~l~111I111 I1I1 II 1 ;: 0 1 ---_._,~-- " , .. -r;;~'r !~ '_,-:;"lL) ~_-E_~_$O ~,I,;'~ ,':l _....____.______.___ -------" Prepared by and return to: Earl Barrett Engineering Department City of Clearwater P. o. Box 4748 Clearwater, Fl. 33758-4748 ....~~_.-.-------- .- r.: ~:: :'-: , :-, r, ~';.'J -'~--- ---' --~-"'- .--..--' -L2(i~ - 0# CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST :,\!\",'i' ~~ ;'i(', THE UNDERSIGNED, being the owner of a lien on or secured interest in the following described premises: The south sixteen and lS/100' ~'" feet of Lot 34, and all of Lots 35, 36, 37 and 38, GULF TO BAY GARDENS, as recorded in Plat Book 50, Page 60 of the Public Records of Pinellas County, Florida, depicted in EXHIBIT "A" attached hereof, ~denced by that certain Mortgage and other instruments of security dated , ~\ l~ , 1999 given in favor of Southtrust Bank, national association, to e hereafter recorded in the Public Records of Pinellas County, Florida; and said mortgagee hereby consents to and joins in the granting of the following Drainage and Utilities Easements given by mortgagor, Absolute Property Holdings, Inc., a Florida corporation, to the CITY OF CLEARWATER FLORIDA, a Florida Municipal Corporation, on f!t'/Zi L /3,/'/99 , 1999, and hereby further subordinates said mortgage in erest arid all of the right, title, interest and claim thereunto accruing in said premises to said easement grant, together with facilities described therein: a. The south sixteen and 15/100's feet (16.15') of Lot 34, GULF TO BAY GARDENS; and, b. The west five feet (5') of Lots 35, 36 and 37, GULF TO BAY GARDENS; and, c. that certain twenty foot (20') easement being more particularly identified as being ten feet (10') either side of the following described line: Commence at the southwest corner of Lot 37, GULF TO BAY GARDENS; thence N 00020'15" W, 218.64 feet along the west boundary lines of Lots 37, 36 and 35 of said plat to the POINT OF BEGINNING; thence N 59045'21" E across portions of Lots 34, 35, 36 and 38 of said plat, 182.27 feet to the POINT OF ENDING. signed this ])1.s!I~~~S~fWHE~~: {he undersigned has ,calu9sge9~ these presents to be I Signed, sealed and delivered in the presence 0:: ) ~ftA-/ Witness Signature ' ~ri t name Qt<ll2cf 'f},~ , AAt eu~.n Wi ness Slgna ure v Print name ~ CH-I 4fVt'O S~~TR.uST BANK, n ) \~a.>:t:h- Type/print name ~ lA" [ IJ-,f.e r 4-~,c~.t BY: Title t/CP (corporate seal) " ,.. p I UNi'< rL.F\, I P1NtL.L.F\~ ~~550 po \202 Orr ,RtC,e .. -~ Page 2 - (Acknowledgment) CONSENT TO EASEMENT AND SUBORDINATION OF INTEREST Fr: Southtrust Bank, N. A. Re: Drainage & Utility Easements granted by Absolute Property Holdings, Inc. to City of Clw. STATE OF . ;f~~ ~,.tla-eL :ss COUNTY OF ~The foregoing i~t ~ ~nowledged bef9re ,me ~s .2( day of ,1999 by L g..---, r~ as V~ ~~ of S uthtrust Bank, national association, as duly authorized by and on behalf of said banking institution for the uses and purposes as described herein. L-/~ ~~L/ Notary Public - State of .:1 ~ Print name /(~I-IzM/lte r:7?;;u/e~ [~rsonally Known [ ] Produced Identification Type of Identification Produced ,'l~\I'Mt.:.,. eal ) KATHERINE F, RADER ~~":'~ !.rib.'l;~;= MY COMMISSION II CC 520279 ~~.~~ EXPIRES: February 28. 2000 <-1.i' ,;;....<(>.~ Bonded Thru Notary Public IJndelWlll8rs "fitt\'- " y t; ,t" ~ ,1 I EXHIBIT II A" -" .' - -' ~..., . . RE: Southtrust Bank Consent to Easement and Subordination of Interest I I LOT 34 I 16./5' Drainage &- Utility I ,Easement :4,', I W ::J Z w > <( o > <( o LOT 38 5' ,1 P INELLFlS COUNTY F'LFl, UOF'F',REC,8K 10550 PG 1203 ~ NDRTH Scale 1 II 50' CITY OF ClBARlrATER, noRmA PUBUC WORKS ADllINISTRATION ENGINEERING GULF TO BAY BLVD. (S.R. 60) Lg199-05 03/19/99 D.King