ZOM BAYSIDE ARBORS LTD
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INST # 94-015571
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PINELLAS COUNTY FLA.
OFF.REC.BK 8538 PG 1119
Prepared By and R....L..u.r. To:
James E. Slater, P.A.
Broad and Cassel
Barnett Bank Center
390 North Orange Avenue
Suite 1100
Orlando, Florida 32801
For Recording Purposes Only
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AMENDMENT OF AGREEMENT AND GRANT
OF LIMITED EASEMENTS
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THIS AMENDMENT OF AGRE~ .~RA/IT OF LIMITED EASEMENTS
is made and entered into as of this ~ day of" " wJZt1993, by and between ZOM
BAYSIDE ARBORS, LTD., a Florida limited partnership (hereinafter referred to as "ZOM"),
and THE CITY OF CLEARWATER FLORIDA, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter referred to as the "City").
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WIT N E SSE T H:
11 REyORDINGo WHEREA.S h C' h d h h' fE Lo . k d'
ACCTf () 00 "7 l~ , t e Ity and t e estate an t e eIrs 0 ugene VIC Pearce entere mto
CODe' ~-~-TIfat certain Agreement and Grant of Limited Easements, dated May 29,1 963, and recorded in
REG 5-'Z..s.a Official Records Book 1704, Page 674, Public Records of Pinellas County, Florida (the
[) R 219 ___---.:Agreement");
DS
g;~ -'--- WHEREAS, pursuant to Paragraph 3 of the Agreement, the City was granted certain
CE-RT =:--~,~~~lporary and permanent easements; and
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FEES -'------ WHEREAS, all ofthe temporary easements has expired and are of no further force and
MTF efff'.ct; and
T6r:~i3~7=-~e:. PI/WHEREAS, ZOM is the owner of the real property which is more particularly described
oft in Exhibit "A" attached hereto and by this reference made a part hereof (the "ZOM Property");
and
WHEREAS, the permanent easement described in Paragraph 3(c) of the Agreement (the
"Easement") is located on the ZOM Property; and
WHEREAS, the City and ZOM are desirous of amending and modifying certain of the
terms and conditions of the Agreement;
/It! ,t&~7618\()()11VESDDHI0'14A
, I f 931021
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120 RETURN TO, '," .,,:\,
CITY CLERK
POST OFFICE BOX 4748
~LEARWATER, FL 34618-4748
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~_
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IPINELLAS COUNTY FLA.
OFf.REC.BK 8538 ~G~12~~
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NOW, THEREFORE, for and in consideration of $10.00, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each of the
parties, ZOM and the City do hereby agree as follows:
1. The parties acknowledge and agree that the recitals set forth hereinabove are true
and correct, and said recitals are hereby ratified an confirmed by ZOM and the City.
2. ZOM and the City hereby agree that the width of the Easement shall be increased
from ten feet (10') to twenty feet (20'). In order to accomplish such intent, ZOM and the City
hereby agree that the Agreement shall be and is hereby modified and amended by deleting said
subparagraph (c) of Paragraph 3 in its entirety, and substituting the following therefor:
"(C) A nonexclusive, perpetual easement twenty feet (20') in width, lying ten feet
(10') on either side of the centerline described on Exhibit "B" attached hereto and
by this reference made a part hereof. "
The Exhibit "B" referred to in said substituted subparagraph (c) is and shall be the
Exhibit "B" attached to and made a part of this Amendment of Agreement and Grant of Limited
Easements. To the extent required to effectuate the foregoing expansion and amendment of the
Easement, ZOM does hereby give, grant and convey to the City a non-exclusive, perpetual
easement for the purposes and uses as set forth in the Agreement, and subject to all of the terms,
conditions, provisions, limitations, restrictions, and reservations as set forth therein, twenty feet
(20') in width over, under, across and through those lands owned by ZOM lying ten feet (10')
on either side of the centerline described on Exhibit "B" attached hereto and by this reference
made a part hereof.
3. The City hereby acknowledges and agrees that, pursuant to the provisions of
Paragraph 4(b) of the Agreement, no sewer impact fees or charges, nor any connection fees or
charges, nor any other fees and charges other than the City's normal monthly service charges,
may be charged or collected by the City with regard to any improvements to be constructed by
ZOM, or its successors and assigns, on the ZOM Property.
4. In addition to the rights of ingress and egress as set forth in Paragraph 3(e) of the
Agreement, the City shall also have the rights of ingress and egress over and across any portions
of the ZOM Property which have been paved or improved for use as driveways or roadways for
vehicular purposes, and such other portions of theZOMProperty which have not been improved
with any buildings, structures, or other improvements, if necessary for ingress and egress for
maintenance, repair or replacement of the sewer lines, pipes, equipment or facilities installed,
constructed and operated by the City within the easements granted by the Agreement. Such
rights of ingress and egress shall be for the purposes of maintaining, repairing and replacing the
aforementioned sewer lines, pipes, equipment and facilities, and shall only be utilized for such
purposes, and only at such times, and in such a manner, and at such locations as will minimize
any disturbance to ZOM or its tenants. Further, the exercise of such rights of ingress and egress
RE\07648\OOIIIJESDDHIO.14A
931021
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I PINELLAS COUNTY FLA.
OFF.REC.BK 8538 PG 1121
shall be subject to the provisions of Paragraphs 4(t) and 4(g), which shall require the repair of
any damages to and the restoration of the ZOM Property and any improvements thereto which
are damaged or destroyed by the City in the exercise of its rights under the Agreement, which
shall require the indemnification of ZOM from and against any loss or damage arising from the
construction of any facilities, by the City within the easements, or the subsequent use or
maintenance thereof by the City, or by the ingress or egress granted by the Agreement, as
amended hereby.
5. The parties acknowledge and agree that the Agreement, and all of its terms,
conditions, provisions, limitations, restrictions and reservations are and shall remain, in full
force and effect, except and to the extent modified, and amended or supplemented hereby.
IN 'VITNESS WHEREOF, the parties have executed and delivered this Grant of
Limited Easements as of the day and year first above written.
ZOM BAYS IDE ARBORS, LTD., a
Florida limited partnership
Witnesses:
By:
ZOM COMMUNITIES, INC., a
its general
6~<~u-
Print Name: E-LL..u.-L. 6(/(55,.;.",
I/lQ. ./JI~
Pn t Name: ]>.ebh I J /J1ooye.J
By:
STEVEN W. PA . '~':.'~~;~;:{:>
president'n;f~'/g~~(~S:~~ ~\
(CORPORATE SE~tf~,\~;)CJ,,~')- "/~/ .
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RE\07648\OO11 \JESDDHIO.l4A
931021
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_fINELLAS COUNTY FLA.
OFF}REC.BK 8538 PG 1122
CITY OF CLEARWATER
A, a municipal corporation
A TrEST:
Name:
By:
Na e: Ri ta Garve
Its Mayor-Commission
:~~roVed as to FM
Name:~- - .. ,"It
Its City Attorney f
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this y<< day of
JJ~O'Y , 1993 by STEVEN W. PATTERSON, as President of ZOM Communities"
Inc., general partner of ZOM Bayside Arbors, Ltd., who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed
and who is personally known to me or wRe Ras pmEluced ..as
identification.
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Signature . ~ .
~L. C(is'~."
Name (Print , Typed, or Stamped)
i) 'elf) i sl-r~
Title
Commission Expires:
N
liea"~lic. Stale of Florida
My comm. expires Feb. 25. 1996
No. CC182802
RE\07648\OO11 \IESDDH10.14A
931021
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fINELLAS COUNTY FLA
_?~J:"_~~~.BK 8538 PG 1123
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above-
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and. did not take an oath.
WITNESS my hand and official seal this
&1Mt?tl ~ ILllsot-J
Notary Public
/~ day of November, 1993.
........", DENISE A Wl' SON
~~~y. !"~'t..~ ,. ..
~*(tb.\~ MY COMMiSSION 1/ CC ~0~408 EXPIRES
~.~.~~ June 18, 1~96
""/,f;,cif.:r-~~""'" BONDED THRU TROY FA!N ~NSURANCE, INC.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-
named city, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this
IJ~)~~, ~
'Pn nt ype ame: l e>. I S()J-l
Notary Public
/~ day of November, 1993.
.,...*!/,.r!J;;:.... DENISE A. WlLSON
;...r~']'\:~ MY COMMiSSION If CC 201408 EXPIRES
,u;..~:O't June 18, 1996
~'J,r.fI' '; 'i...~'t:-., BONDEO THRU TROY FAIN INSURANCE, INC.
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~NELLAS COUNTY FLA.
OFFJREC.BK 8538 PG 1124
JOINDER AND CONSENT
The undersigned, SOUTHTRUSTBANKOF ALABAMA, NATIONAL ASSOCIATION,
a national banking association, hereby (a) joins in and consents to the matters set forth and
described in the foregoing Amendment of Agreement and Grant of Limited Easements and (b)
agrees, by such consent and execution that any interest or right that it holds, administers or
controls in connection with the property by that certain Mortgage and Security Agreement dated
November 11, 1993 executed by 20M BA YSIDE ARBORS, LTD., a Florida limited
partnership, in favor of SOUTH TRUST BANK OF ALABAMA, NATIONAL ASSOCIATION,
a national banking association, and recorded November 15, 1993 in Official Records Book 8469,
Page 2040, Public Records of Pinellas County, Florida, (the "Mortgage"), is subordinated to the
Amendment of Agreement and Grant of Limited Easements.
EXECUTED this ~ay of ~r~J".,.., 1993.
Signed, seal and delivered
in the presence of:
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Print Name: TDni ~
(Corporate Seal)
STATE OF ALABAMA
COUNTY OF ~J-ff A/J--I7-
n The foregoing instrument was ackil'/.rJ,edged before me this L ~ day of
1J!&~--6-1./L- , 1993, by Wayman Lee ~y as Vice President of SouthTrust Bank of
Alabama, National Association, a national banking association, on behalf of SouthTrust Bank
of Alabama, National Association. He is personally known to me or has produced
as identification.
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I^-Jl~ a:/,1(<.. J/Y " I{JIi'/..(/~'..11
(Signature of Notary Public) \.-/
Diane M. Obering
(Typed name of Notary Public)
Notary Public, State of Florida
Commission No.
My commission expires: J-,;l.:J - f .;r-
RE\07648\OOI4\JESSMPII.291
931129
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EXHIBIT A
I PINELLAS COUNTY FLA.
O~.REC.BK 8538 PG 1125
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PARCEL A
LEGAL DESCRIPTION
From the Southwest corner of Government Lot I, Section 20, Township 29 South, Range 16 East
run thence North 0052'25" East along the West section line of said Section 20, 600.00 feet; run
thence South 89013'12" East along a line 600.00 feet Northerly and parallel to the South iine of
said Government Lot I, 1,400.00 feet; thence run North 0052'25" East, 733.92 feet along the
East line of the Westerly 1,400.00 feet of Government Lot I; thence run South 89057'02" East
along the South line of Section 17, Township 29 South, Range 16 East, 280.00 feet; thence run
North 27"02'39" East 43.67 feet for a Point of Beginning. Thence continue North 27"02'39"
East along the East line of Seville Condominiums 14 and 12, 684.33 feet; thence run North
43033'32" West 63.70 feet; thence run North 75018'15" West, 184.76 feet; thence run North
329.15 feet; thence run North 36"29'07" East, 439.88 feet; thence run South 43011'54" East,
736.36 feet; thence continue South 43011'54" East, 1,220.07 feet; thence run South 14"03'39"
West, 574.62 feet; thence run North 76"35'16" West, 1,130.45 feet; thence run North 52050'19"
West 149.74 feet; thence run North 52"36'49" West, 197.47 feet; thence run North 54019'17"
West, 207.80 feet; thence run North 48"27'54" West, 6.79 feet to the Point of Beginning.
AND
PARCEL B
LEGAL DESCRIPTION
From the SW corner of Section 17 (Being also the NW corner of Section 20), Township 29 S,
Range 16 E, run S88057'02" East along the north line of said Section 20,400.00 feet for a Point
of Beginning; Run thence North 1"03'04" East along a line 400 feet easterly of the West line of
said Section 17, 254.00 feet; run thence S88057'02" East along the South line of Seville
Condominium 4 (see Condominium Plat Book 7, Page 55-59, Public Records of Pinellas County,
Florida), 313.13 feet; run thence North 52"06'17" East 40 feet to a Point on the Centerline of
Pearce Drive (see O.R. Book 3421, Page 223, Public Records of Pinellas County, Florida); run
thence Southeasterly along a curve to the left of 100 feet radius (chord bearing South 63"25'23"
East, chord distance 86.19 feet), 89.11 feet; thence continue along the centerline of Pearce
Drive, South 88057'02" East, 588.08 feet (also being the South line of Seville Condominiums
3,8,11 & 14); run thence Southeasterly along a curve to the right of 166.63 feet radius (chord
bearing South 67038'32" East, chord distance 121.11 feet) 123.95 feet; run thence South
46"20'02" East, 237.90 feet; run thence North 27"02'59" East, 2.61 feet; run thence South
48"27'54" East, 6.78 feet; run. thence South 54019'17.0" East along the South line of that certain
tract conveyed to A.E.L. (See O.R. Book 5232, Page 1130, Public Records of Pinellas County,
Florida), 207.80 feet; run thence South 52"36'49" East, 197.47 feet; run thence South 52050'19"
East, 149.74 feet; run thence South 76035'16" East, 1,130.45 feet; run then~e South 14"03'39"
West, 200 feet; Run thence North 89013'12" West, 1,812.30 feet; run thence North 0"52'25"
East along the East line of the West 1,400 feet of said Section 20, 733.92 feet; run thence North
88057'02" West 1,000.00 feet to the POB.
Subject to easements for ingress and egress, drainage and utilities, over Pearce Drive, as
recorded in O.R. Book 3421, Page 223 and O.R. Book 3051, Page 586, Public Records of
Pinellas County, Florida, and subject to easements for City of Clearwater sanitary sewers, as
recorded in O.R. Book 1704, Pages 684-687 and O.R. Book 3273, Pages 254~255, and subject
to easement to Florida Power Corporation for existing power lines, and subject to easement for
existing water mains serving Seville Condominiums.
Together with an easement for ingress and egress over Seville Boulevard and Pearce Drive, as
recorded in O.R. Book 3051, Pages 586-587 and O.R. Book 3421, Page 223, Public Records
of Pinellas County, Florida.
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lINELLAS COUNT~GF~~26
OFF. REC. BK ~~_38 __---
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LEGAL DESCRIPTION:
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;:::OINT OF a!EG/NN/N~
A continuous. 20.00 foot strip of land lyinglo.oofeet on each side of the following described
line, lying within Section 20, Township 29 South, Range 16 East, Pinellas County, Florida,
and being more particularly described as follows:
,
,
Commence at Northwest corner of said Section 20; thence S88057'03"E, along the North line
of said Section for 1400.00 feet; thence SOOOS2'25"W, for 733.92 feet; thence S89"U'12"E,
for 643.71 feet; to the POINT OF BEGINNING, said line also being the southerly limits of
the westerly and easterly Unes of said easement; thence NI4056'07"E, for 455.71 feet; thence
N26041'21"E,for 387.50 feet; thence N2S035'43"E, for 580.62 feet; thence N51004'12"E, for
190.54 feet to a point of a boundary line havina a bearing of S43011'54"E, said line being
the POINT OF TERMINUS and tbe northerly limits of the westerly and easterly lines of
said easement '
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EXHIBIT B
PREPARED rOR:
ZOM COMMUNITIES, INC.
BAYSIDE ARBORS
IfIMI -- t'nllW A6ItH:IA ~ .1M:
24145 U.S. Hwy. '8 North
Clearwater. norlda 34023
Phone (813) 181-1441
PROJECT:
PLAN:
SANITARY SEWER EASEMENT
SCALE: DA TE:
1" == 100' 9/20/93
DRAVttI BY:
RMC
CKD OY/Q;C.
EWR
rD. PG.
N/A
.JOO NO.: SEC. TYtt'. RGE. SHEET NO.:
1142-001-000 20 - 29 - 16 1 OF 1