ABSOLUTE PROPERTY HOLDINGS INC (3)
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99-184.t4 JUN- 4-1999 2: 50PM
PINELLAS CO 8K 10541 ~G 107
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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,
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PI~ELLAS COUNTY rLA
Orr,REC,8K 10541 PG ios
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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:
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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,
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Notary ~ ofFlonda
/ ~,fo'l R. /}LL~I/
Type/Print Name
1><] Personally Known
[ ] Produced Identification
Type of Identification Produced
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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
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I P INELLFlS COUNTY F'LFl,
0F'F',REC,8K 10541 PG 110
EX,HIBIT "A"
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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
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'\:~rER ~"l ENGINEERING
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Lg199-01
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02/18/99
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Prepared by and return to:
Earl Barrett
Engineering Department
City of Clearwater
P. o. Box 4748
Clearwater, Fl. 33758-4748
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CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
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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
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Signed, sealed and delivered in
the presence 0:: )
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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,
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BY:
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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 .
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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.
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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
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!.rib.'l;~;= MY COMMISSION II CC 520279
~~.~~ EXPIRES: February 28. 2000
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EXHIBIT II A"
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RE: Southtrust Bank Consent to Easement
and Subordination of Interest
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LOT 34 I
16./5' Drainage &- Utility I
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LOT 38
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,1 P INELLFlS COUNTY F'LFl,
UOF'F',REC,8K 10550 PG 1203
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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