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THE GRAND VENEZIA AT BAYWATCH LIMITED PARTNERSHIP ". Ret n to: L lie K. Dougall-Sides, Esq, ity of Clearwa~er P.O. Box 47,48 Clearwater, FL 33758-4748 # PAGES ~.. Acel # . CHG AMT CK AMT _-=-____ F1EC . ~t= DS DR219 7V70 - F d DS ____n'___. or an II'H -~-hand paid to Ftf:S ~ MTF __-=-,-the bene fit S PIC REV TOTAL :J7t7u BLANKET WATER MAIN EASEMENT 02-427287 NOlJ- 14-2002 2: 42PM PINELLRS CO 8K 12347 PG 1816 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJIIIIJIIIJlIL_____ in consideration of the sum on One Dollar, cash in it, the receipt of which is hereby acknowledged, and to be derived therefrom; The Grand Venezia at Baywatch Limited Partnership, a Florida limited partnership (the "Grantor") whose address is c/o Del American Inc" 474 S, Northlake Boulevard, Suite 1020, Altamonte Springs, Florida 32701, does hereby grant and convey to the City of Clearwater, Florida (the "City"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A 12 foot water main easement lying six feet on each side of all water mains up to and including all water hydrants, and meters, but excluding any water mains that may lie under buildings or within five feet of buildings, lying within the property described on Exhibit "A" appended hereto (the "Easement Area") , The City shall have the right to enter upon the above described premises to maintain thereon such water facilities as currently exist or may hereafter be constructed and to inspect and alter such water facilities from time to time, provided however, water service shall not be interrupted to the fullest extent possible to the Property and provided further adequate notice shall be given to the Grantor with respect to any maintenance requirements, provided however in the event of an emergency, notice is not required to be given prior to the City performing work, If the Grantors future orderly development of the Property or reconstruction of improvements currently situate on the Property is in physical conflict with the City owned facilities, the City shall, within sixty days after receipt of written notice from Grantor, relocate said facilities to another mutually agreed upon easement area located on Grantors premises, provided that prior to the relocation of said facilities, Grantor shall pay to the City the full expected cost of the relocation as reasonably estimated by the City, Upon the completion of the relocation the easement herein shall be considered canceled as to the portion vacated by -1- /,/1 - ".. ",/ ~I '- {,..:,< "<,.. '- v such relocation, PINELLRS COUNTY FLR. OFF. REC .8K 12347 PG 1817 The City agrees that it shall operate the facilities so as not to unreasonably interfere with Grantors multi-family development and the rights and privileges of guests, tenants, and subsequent owners of the building facilities as currently constructed thereon or which may hereafter be constructed thereon, If the City needs to perform any work of any nature with respect to the Easement, they shall first notify the GRANTOR except in the event of an emergency and accomplish said work so as not to interfere in any way or undermine any of the existing building structures, All of said work shall be done in a manner so as not to interfere with the peaceful enjoyment of the Property by the GRANTOR, its guests, invitees and tenants, Additionally, the City, subject to statutory limitations invol ving sovereign immunity, agrees to indemnify and hold the GRANTOR harmless from all cost, loss, damage or claims of any nature arising out of any work performed on the subject premises by the City, This indemnity shall also include any legal fees incurred by the GRANTOR in connection with defending any such cost, loss, damage or claims. To the fullest extent possible, all utility facilities shall be underground and to the extent there shall be any above ground facilities, the same shall require the reasonable approval and consent of the GRANTOR, If requested by Grantor after all utili ty facilities are installed, the GRANTOR, at its cost, may prepare a metes and bounds legal description and substitute the same for the Blanket Easement provided hereunder and in said event, the City agrees to join into such documentation as is necessary to evidence the specific location of the easement on the GRANTOR's property and the abandonment of the Blanket Easement granted herein, The City acknowledges that the easements granted herein are with respect to an operating apartment project and the City agrees to utilize said easements to create the least disturbance with respect to the GRANTOR, its guests, invitees and tenants. -2- PINELLRS COUNTY FLA. OFF.REC.BK 12347 PG 1818 In witness hereof, the Grantor and Grantee have caused this easement to be duly executed by it's proper officers thereunto authorized and it's seal to be hereunto affixed this <JI...SV-.. day of ()c~k, 2002, By Name: William B. Horne II, City Manager ~\\\\UlllUl1lll;: ~I\lr l\"'~ ~~fl. BRA4t ~III~ ~~a~:..".... ~1t~ ~ ..~~\SS'ON ~.. ~ ~ .. 0 ~er 2S-,,~.. ~ .:: :~ rftflJ '~~~.u ~ :: .~C) ~tp.::: _. ., ~. :*: ... :*= - . . - ~~ ~ #CC990181 .:~g - .' ~~\~~ ~~~$;~~ Goudeau, City Clerk ~'?')- ;/!!lJblic ~~..;;. ~~ ~IIP8LitST~~'i;. ~",.s' ~11""i'"l\'\\'\ IJ t-A- The foregoing instrument was acknowledged before me this L day of ,2002 by Christopher DelGuidce, as President of (NB, Inclhe general partner of GVB, Ltd., which entity is the ~~neral partner of ''The ~Venenia at -Baywatch Limited parntership- wbo IS personally known tn ~r who has produced as identification, ~ WITNESSES: &\~~tJI?NA)1'1 8/(/4w#'fN ~: r.ri~ Name: S'ec:o"- #-\ "'fV'.I~...-t.'C> jIoo.J ~~. Name: Y' ,~&1r Name: STATE OF FLORIDA ) ), ss COUNTY OF~~~ -4pf THE GRAND VENEZIA AT BAYWATCH LIMITED PARTNERSHIP BY: GVB, LTD. BY: By: THE FLORIDA :-:rr ATTEST: ) 3 i.. ~". NOTARY PUBLIC, State of Florida Print Name: Commission No,: My Commission Expires: STATE OF FLORIDA ) ): ss, COUNTY OF PINELLAS ) PINELLRS COUNTY FLR. OFF .REC .8K 12_~~~_~~:___, The foregoing instrument 't'ft~ q&KQ~e'1'ledged before me this ~ day of October, 2002 by William B, Horne,Ibs ~ and authorized signatory of The City of Clearwater, Florida who is personally known to me or who has produced as identification, "..:::!,tfu'"" Denise A Wilson t:rK~~ MY COMMISSION # CC914107 EXPIRES 'f'...,~:~. June 18 2004 "~~p"'. ",~., ecNOED THRU TRoY FAIN IN8URAN'i, INC. 111ft" l1n~Af)a Uckv 'NOTARY PUBLIC, State of Florida Print Name: /1/JrJ/// V 7 Commission No.: CC 7/l.{'/( My Commission Expires: G:\DATA \DELGUIDI\AI,creek (Bellagio-Venezia-Baywatch)\blanket easement to pine lias from bellagio 4 ".., -~ ~. EXHIBIT "A" LEGAL DESCRIPTION PINELLAS COUNTY FLA. OFF.REC.BK 12347 PG 1820 A tract ofland lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest comer of said Section 20; thence along the South line of said Section 20, South 890 19'48" East, for 721.40 feet; thence South 000 27'22" East, for 43,51 feet to the Point of Beginning, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing South 00027'51" East, having a radius of35,00 feet, a central angle of 14051'42", an arc length of9,08 feet and a chord bearing South 83 002'00" East, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35,00 feet, a central angle of 13043'39", an arc length of 8,39 feet and a chord bearing South 82027'58" East for 8.37 feet to the point of tangency; thence South 890 19'48" East for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing North 000 40'13" East, and having a radius of 55,50 feet, a central angle of 1180 44'10", and arc length of 115,01 feet and a chord bearing North 310 18'08" East, for 95,51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing North 610 56'04" East, and having a radius of 15,00 feet, a central angle of 460 10'01 ", an arc length of 12,09 feet and a chord bearing South 510 08'57" East, for 11,76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of560 40'40", an arc length of 123,65 feet and a chord bearing North 77025'43" East, for 118,67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of303,OO feet, a central angle of 000 31'45", an arc length of2,80 feet and a chord bearing North 490 21'15" East, for 2.80 feet to the point of intersection with a non-tangent line; thence North 400 22'52" West, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing North 40043'39" West, and having a radius of74,87 feet, a central angle of 020 40'04", an arc length 00.49 feet and a chord bearing North 470 56'19" East, for 3.49 feetto the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of234,OO feet, a central angle of 340 19'10", an arc length of 140,16 feet and a chord bearing North 630 45'52" East, for 138.08 feet to the point of tangency; thence North 80055'27" East, for 97.25 feet; thence North 56001'58" East, for 40.45 feet; thence North 780 50'41" East, for 127.14 feet; thence South 78023'09" East, for 24.44 feet; thence South 110 52'40" East, for 9, 10 feet; thence North 79023'05" East, for 49,80 feet; thence North 10 0 51'19" West, for 10,82 feet; thence North 42027'28" East, for 66,63 feet; thence North 35048'02" East, for 134,85 feet; thence East, for 67.34 feet; thence South 38008'04" East, for 12,67 feet; thence East, for 68, 14 feet; thence North 54'10"51 East, for 17,03 feet; thence East, for 96.27 feet; thence North 550 05'18" East, for 63,64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64,00 feet, a central angle of390 42'28", an arc length of 44.35 feet and a chord bearing North 70008'46" East, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58,00 feet, a central angle of360 55'37", an arc length of37.38 feet and a chord bearing North 68045'21" East, for 36.74 feetto the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54,00 feet, a central angle of 870 13'09", an arc length of 82.20 feet and a chord bearing North 43036'34" East, for 74.49 feet to the point of tangency; thence North, for 189,83 feet; thence South 890 19'09" East, for 779.97 feet; thence South 60000'00" West, for 1333,52 feet; thence South 890 19'48" East, for 209.91 feet; thence South 240 54'45" West, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing South 520 36'11" East, and having a radius of 1577.45 feet, a central angle of 13 0 22'27", an arc length 0068.22 feet and a chord bearing South 30042'35" West, for 367,38 feet to the point of intersection with a non-tangent line; thence North 89004'26" West, for 829.18 feet; thence North 000 27'22" West, for 584.06 feet to the Point of Beginning and containing 24,074 acres, more or less.