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THE GRAND BELAGIO AT BAYWATCH LTD ~ \ , , # ~GtS ~ ACe, ~ .- . CHG AMT - ,.("'-,:lA. 0 Ci< AM' ~",-.,- Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 02-129409 APR- 5-2002 9:40~ PINELLAS CO 8K 11932 PG 1253 IJJllll~'~111I1111111111111111111I1I1111I11I1 R~C -' ~ nl'i 0308219 - - -~\,4_ DS . INT -.---.----.~- ~~r~ -~- PIC ---.----- REV ---.---.. Clearwater, FI. 33758-4748 TOTAL &It2." 0..5 Parcel I. D. No. 20-29-16-00000-330-0700 GRANT OF 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 there from, THE GRAND BELAGIO AT BAYWATCH, LTD., a Florida Limited Partnership ("Grantor") 1101 North Lake Destiny Drive, Maitland, Florida 32751 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an irrevocable, nonexclusive easement over, under and across the following described land lying and being situate in the County of Pine lias, State of Florida, to wit: A parcel of land lying within Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, as more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted for the limited purpose of operating a sanitary sewerage lift station connected with Grantee's public sanitary sewer system to serve, among others, adjacent properties owned by Grantor. l The Grantee shall have the right to enter upon the herein-described premises and to construct, install, inspect, maintain, reconstruct and alter as necessary thereon a lift station to be utilLzed in connection with the discharge of sewage. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The Grantee covenants and agrees with Grantor that it shall promptly restore the easement premises upon completion of any maintenance operation or project undertaken in the exercise of rights granted herein. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. This easement grant shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors or assigns. Page 2 - Sanitary Lift Station Easement Grantor: The Grand Belagio at Baywatch Grantee: City of Clearwater, Florida RE: Parcell. D. 20-29-16-00000-330-0700 The parties mutually agree and covenant with each other that in the event the Grantor, its successors and/or assigns, should ever desire to have the lift station relocated in connection with the development, or future redevelopment of Grantor's property, the lift station may be relocated to a mutually agreeable location, provided, as a condition of such relocation all associated costs and expenses are paid by Grantor, its successors and/or assigns, and Grantee shall be held harmless from all related costs and expenses of such relocation. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed in its name this 5 day of r""""~ ' 2002. The Grand Belagio at Baywatch, a Florida Limited Partnership STATE OF FLORIDA : ss COUNTY OF ORANGE By: Before me, the undersigned authority, personally appeared Christopher DelGuidice, as President of GBB, INC., a Florida Corporation, the General Partner of THE GRAND BELAGIO AT BAYWATCH, a Florida Limited Partnership, who executed the foregoing instrument on the day and date first above written, and who acknowledged before me that he is duly authorized by the board of directors of said corporation, and did execute same on behalf of said corporation and said limited partnership for the uses and purposes herein described. He is personally known to me or h.ll prgElbdsed ai identific.tign. tary Public - State of lorida J)"Ni/47) L. 4Re';4 Type/Print Name (seal) ...a'$..!l'''' '" DONALD L KAFKA f..1~"::~ MY COMMISSION # CC 956n4 : : .~i EXPIRES: November 24, 2Oll4 ~iNI"".~' Bonded Thru Notary PubHe UndelWri\IIl$ 'lIht\" o ""T\ ""T\\J . ..... :;oZ fTlfTl Or _ r ro:D 7'.Ul .....0 .....0 we WZ 1\1-1 -< \J G)""T\ r .....:D 1\1- UI ~ " . THIS IS NOT A SURVEY N87"S4'31"E 0,28' UNPLA TTED LANDS POtNT OF BEGINNING .... in Concrete 51ab 0 ;... !" 5 z .... ~b ~o ",. ",,,, '. 5'" z 589'19'48"E 12.24' 589'19'48"E 12.00' '" (,. O!, 587'S4'37"W 14.00' ..... c:::i ;.... iD .., ~ oi 5 ;:!j z UNPLA TTED LANDS POINT OF COMMENCEMENT Southwest corner of Section 20, Township 29 South, Range 16 East West Bound,ory Line of The Grand Bellagio at Boywatch ci '" UNPLA TTED LANDS fT1 IV CD o C!. N o 5 ~ 10 I SCALE: 1" = 10' EASEMENT DESCRIPTION, A parcel of land lying within Sections 20 ond 29, Township 29 South, Range 16 East, Pinellas County, Florida. o ""r] ""r]"u ;UZ fTlfTl or , r lD:D AU) -0 -0 (DC LlZ fI)-! -< "U G)""r] r -:D fI). Ul Ul 20 I Commencing ot the Southwest corner of said Section 20; thence S89'19'48"E, 0 distance of 710.00 feet; thence N01'26'21"E, a distance of 349.37 feet; thence S89'19'48"E, a distance of 12.00 feet; thence N01'26'21"E, a distance of 246.00 feet; thence S89'19' 48"E, a distance of 250.76 feet to the POINT OF BEGINNING; thence continue easterly along said line, a distance of 12.24 feet: thence N01'27'05"E, a distance of 20.27 feet; thence N87'54'31"E, 0 distance of 0.28 feet; thence S02'47'50"E, a distonce of 29.00 feet; thence S87'54'37"W, a distance of 14.00 feet; thence N02'47'41"W. a distance of 9.36 feet to the POINT OF BEGINNING. ~~;~ , . ALLAN"' F. OSLUND PROFESSION-AL- -SURVEYOR-ANfJ MAPPER StATE-- OF F.I.-.ORIDA # 4659 CERTIFICA TE OF AUTHORIZATION No. lB 2610 Sheet 0> ~ "0 ~ c Cl} E Cl} Ul o Cl} >. ~ ~ :l ./ 0> Cl} I -"" .::;. ~ .wE. 81"=10' 9/4/2001 ~~ N 1180-002-003 o o ./ o co Containing 147.31 squore feet, more or less. Grand Bellagio/ Venezia at Baywatch Offsite ~ CRF IOYmSI::Ue 29 SOUTH Pump Station-Utility ~ AFO ~ 16 EAST D.BA!ti CRF ~ 20 ~ < Cl} > ... :l Ul ./ o Oct KiMg 4921 MEIlORW. HIGHWAY PHONE 813' 880 ' 8881 ONE IIDtORIAl. CENTER. SlRTE 300 FAX 813' 880' 8882 TMtPA. FLORIDA 33834 E-tMIL ~ngineering.com 29, 2001 - 3: 29pm Easement of "'l 1-:- It I-'I\GES -r'~' . f-Cc;T .~. 1.11J __ C\-\G "'t!', "- _ .- ___ p: I\Mf----- \irC-'--~ 0:' \)~Z1q ----- ()s ---~ \\\11 .___.J.!=-- r q:s -------- ~!lf ~--- PIG -- liE\! ~ 10TJ\L ~ (? / " 02- 1294 10 RPR- 5-2002 9: 40PM PINELLRS CO BK 11932 PG 1256 I IglIIlIlIl 11m 1I111J/1111[JlIlliIlUIIUm _____ R RN TO: rl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 BILL OF SALE. ABSOLUTE KNOW ALL MEN BY THESE PRESENTS, that The Grand Bellagio at Bay Watch, Limited Partnership, a Florida limited partnership, whose address is 474 S. North Lake Blvd., Suite 1020, Altamonte Springs, Florida 32701, in the County of Seminole and State of Florida of the first part, for and in consideration of the sum of Ten dollars lawful money of the United States, to it paid by the City of Clearwater, Florida, a Florida municipal corporation, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second part, its executors, administrators and assigns, the following goods and chattels: A Sanitary PumD Station constructed in accordance with drawings, plans and specifications 18/19 and 19/19 as prepared by King Engineering Associates, Inc. (KEA), dated 5/23/00 and 10/15/99 respectively, being located as indicated on KEA drawing 16/19 dated 5/16/00 within and adjacent to that certain Drainage & Utility Easement as recorded in Official Record Book 4055, Page 397 in the Public Records of Pinellas County, Florida, being more specifically described and depicted in EXHIBIT "A" (Legal Description) attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators and assigns forever. AND said party of the first part does, for itself and its heirs, executors and administrators, does covenant to and with the said party of the second part, its executors, administrators and assigns, that said party of the first part is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that said party of the first part has good right to sell the same aforesaid, that said goods and chattels are operational and have been connected, tested and accepted into the party of the second part's public Wastewater Treatment System, and that said party of the first part will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part, its executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. I?ITNESS WHEREOF, said party of the first part has hereunto set its hand and seal this'~ Clay of r-..-a;eCt'AIkf ,2002. Page 2 - Bill of Sale - Lift Station Fr: The Grand Bellagio at Bay Watch To: City of Clearwater, Florida Signed, sealed and delivered infu"};"k WITNESS signature ~r d LroN Print WITNESS n me <(;'~1kJJ t... ~/--;etA Print WITNESS name STATE OF FLORIDA : ss COUNTY OF SEMINOLE The Grand Bellagio at Baywatch, a Florida Limited Partnership o 'I '1"lJ iUZ PlPl or . r ID::O All By:GBB, Inc., a Florida corporation, as general partner of GBB, Ltd. .-0 .-0 we wz I'I)--i -< "lJ GJ'I r .-::0 1'1). en -.J By: ~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take oaths and acknowledgments, personally appeared Christopher Del Guidice, as President of GBB, Inc., a Florida Corporation, the general partner of The Grand Bellagio at Bay Watch, a Florida Limited Partnership, who executed the foregoing instrument on the day and date first above written, and who acknowledged before me that he is duly authorized by the Board of Directors of said corporation, and who did execute same on behalf of said corporation and said limited partnership for the uses and purposes herein described. He is personally known to me..or /:Ias /ir9QW~9g il' id~'1tificilti9A. Signature of No ry J'AM4> L., #:91'=,tIA- Print/Type Name This instrument prepared by: My Commission Expires: (SEAL) ,\ ,"'~I~ DONALD L. KAFKA f,.rt!~~ MY COMMISSION # CC 956n4 ~&ii EXPIRES: November 24, 2004 '~~iIi:~'t... Ilonded Thru Notlry Public Underwrilela Ol ~ ""0 o o I +' C Q) E Q) en o Q) >. +' :.:; :J /' Ol Q) ~ ;/ >. Q) > .... :J (f) /' o Feb THIS IS NQI A SURVEY :.q. CD UNPLA TTED LANDS Ol 3: "i'O c.o-~. f'I* ON Z ;..... S89'19' 48"E 12.00' to Ol '<I" to :w N CD f'I @@ ~ @ @) 710.00' POINT OF COMMENCEMENT Southwest corner of Section 20, Township 29 South, Range 16 East _.~ ;.....~ '<1". NOl o z N 87'54'31"E 14.00' ~ West Boundory Line of The Grand Bellagio at Baywatch 0.28' ;..... N o N 3: irJ .0 I' f'I Concrete Slab o (f) a !Xl !Xi N W ON '<I" i<1 '<I" N o (f) N UNPLA TTED LANDS N 89'19'48"W 12.24' S 8T11'02"W 13.97' UNPLA TTED LANDS EASEMENT DESCRIPTION 5 10 I SCALE: 1" = 10' A parcel of land lying within Section 20, Township 29 South, Range 16 East, Pinellas County. Florida Commencing at the Southwest corner of said Section 20; thence S89'19' 48"E, a distance of 710.00 feet; thence N01'26'21"E, a distance of 349.37 feet; thence S89'19' 48"E. a distance of 12.00 feet; thence N01'26'21"E, a distance of 246.00 feet; thence S89'19' 48"E, a distance of 250.76 feet to the POINT OF BEGINNING; thence N02'47'41"W, a distance of 19.64 feet; thence N8T54'31"E, a distance of 14.00 feet; thence S02'43'42"E, a distance of 28.80 feet; thence S8T11'02"W, a distance of 13.97 feet; thence N02'47'41"W, a distance of 9.33 feet to the POINT OF BEGINNING. Containing 403.97 square feet. more or less. Grand Bellagio/ Venetia at Baywatch Offsite Pump Station-Utility Easemen-t ~ ~ JHG AFO TOWNSHIP BAliI.GE 29 SOUTH 16 EAST QAE 2/6/2002 ~ CRF ~ 20 I ~ en /' .s.cA!.E. 8 1"=10' :3-~ N 1180-002-003 o o /' o !Xl King 4921 MEMORIAl. HIGHWAY PHONE 8,J. 880 . 888' ONE MEMORIAL CDITER. SUITE JOO FAX 81J . 880. 8882 TAMPA, FlORlIlA JJ8J4 E-....L IdngOklngong--.g.cam 06, 2002 - 9: 43am ".", /--7 ..~7 ~L~'~'~~~~,-- ALLAN F. OSLUND PROFESSIONAL SURVEYOR AND MAPPER ST A TE OF FLORIDA # 4659 CERTIFICATE OF AUTHORIZATION No. LB 26/0 Sheet o "TJ "TJ-U . - ;;OZ fTIfT1 or . r rn:n A(f) 1_0 '_0 fiC WZ I\J-l -< -U Gl"TJ r _:n I\J. Ul ID 20 I of :~~~s _.t~~{) CHG AMT _ =__. CK N~T REC- {f.'- OS DR219 DS INT FEES !.ITF PIC REV TOTAL 15?-- ~ !L ~ I 02-129411 RPR- 5-2002 9:40PM PINELLRS CO BK 11932 PG 1259 11111111111111111111111111111111111111111111111111 MEMORANDUM OF DEVELOPMENT AGREEMENT [Mediterranean Village in the Park] EXHIBIT I This Memorandum of Agreement for Development and Disposition of Property ("Memorandum") is made this ~ day of i/Mi}-,H , 2002, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is 112 S. Osceola Avenue, Clearwater, FL 32521, and THE BALK COMPANY, INC., a Florida corporation (the "Developer"), whose address IS ~/) {lLJ(j)AAJ Jr' At ' SAtJ4sMA, FG / This Memorandum pertains to an Agreement for Development and Disposition of Property (Mediterranean Village in the Park), by and between the Agency and the Developer, dated as of J-lttlf\.".\-i. j , 2002, (the "Development Agreement"), which provides, among other things, for the sale of property within a project site as described in Exhibit "A" attached hereto and made a part hereof for the development and construction of the Mediterranean Village in the Park Project, as same is defined in the Development Agreement. The Development Agreement is incorporated herein and made a part hereof by reference as fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby ratify, approve and confirm the Development Agreement as a matter of public notice and record. Nothing herein shall in any way affect or modify the Development Agreement, nor shall the provisions of this Memorandum be used to interpret the Development Agreement. In the event of conflict between the terms of this document and those contained in the Development Agreement, the terms in the Development Agreement shall control. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affIxed as of the 8~ day of 1h~L ,2002. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: Its Chairman I-I , as RETURN 1'0: CITY CLERK POST OFFICE BOX 4748 CLEARWATER, Fl 33758,4748': /JO ... (SEAL) ATTEST: (SEAL) ATTEST: ::...1l C-'" ~ B ' .1 f y:\ tLC- J ./, , as Its: Secretary /10 , as THE BALK COMPANY, INC. ~' By: (f>LC G~r_' ,[i1- Its --f1? ~?:.\ De Hf-- 1-2 o ...... ......"11 AlZ PlPl or . r ro:D 71:(1) -0 -0 (DC LlZ /U-l -< "11 Gl...... r -:D /U. m o , as STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this F'/L day of ~ , 2002, by B~/IW 3". lruNCrr ,Chairman of the Community Redevelopment Agency of the City of Clearwater, a body corporate and politic of the State of Florida, on behalf of the Agency. He is personally known to me or has produced a valid driver's license as identification. (SEAL) NOTMV PUBLIC .UTATE OF FLORIDA CAROLYN L. BRINK COMMISSION. CC834678 EXPIRES 512212003 BONDED THRU ASA l-a88-NOTARY1 c ~.~ Printe~ame: Notary Public-State of Florida Commission Number: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~fI-..../ day of mtlA/tA , 2002, bY~A'-<L~ Lf;;fl~ of The Balk Company, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced a valid driver's license as identification. - - -- . La.u~-J.Il~er.s cX~~~, kJt~ Printed/Typed N e: Notary Public-State of Florida Commission Number: (SEAL) ~~_~~M~f'/.~:.I ,".i,"',/";l/:-:.. laura J. Burgess ~(..t;'L ):~ M( COiviM!SSION # C062258 EXPIRES ;;1'd:~'{<' October 29 2002 'i;l,'~ii,W~ BOI,C1EO THRU TROY FAIN INSURANC~ INC. I-3 JY! o ...., ....,-0 . ..... AlZ I'lfTl or . r m:D A If) .....0 .....0 wc LlZ 1\)-1 -< "U G)"'" r .....:D 1\). 0)