THE GRAND BELLAGIO AT BAYWATCH LIMITED PARTNERSHIP
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Return to:
Earl Barrett
Engineering Department '_
City of Clearwater .~ .... ..
P. O. Box 4748 ;. ~6,W
Clearwater, FI. 3375~~~14~<_
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02-465173 DEC-12-2002 2:20PM
PINELLRS CO BK 12406 PG 2665
1111111 11111111111111111111 11111 11111 1IIIlillIIllL__ _
----
Parcell.D. No. 20-29-16-00000-330-0700 r
II DRAINAGE & UTILITY EASEMENT II
FOR ,C..ND IN CONSIDERATION of the sum or One Doiiar ($1.00) in hand paid to it, the receipt of
which is hereby acknowledged, and the benefits to be derived therefrom,
The Grand Bellagio 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, a Florida Municipal
Corporation (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 PORTION OF THE SOUTHWEST 114 OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AND DEPICTED IN
EXHIBIT "A" APPENDED HERETO AND MADE A PART HEREOF.
This easement is for drainage and utility installation and maintenance.
The City shall have the right to enter upon the above'-described premises and to construct, install and
maintain thereon any stormwater lines and facilities, and to inspect and alter such stormwater lines and
facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and
regulatory permits required to exercise the rights granted herein.
The City covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's
facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the
easement premises upon completion of any project undertaken in the exercise of these rights.
If the Grantor's future orderly development of the Property or reconstruction of improvements currently
situate on the Property is in physical conflict with the City facilities, the City shall, within sixty days
following receipt of written notice from Grantor, relocate said facilities to another mutually agreed upon
easement area located on Grantor's 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 completion of the relocation the easement herein shall be considered canceled as to the
portion vacated by such relocation.
The Grand Bel/agio at Baywatch
Drainage & Utility Easement
Page 1
PINELLRS COUNTY FLR.
OFF.REC.BK 12406 PG 2666
'The City agrees that it shall operate the facilities so as not to unreasonably interfere with Grantor's
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.
In the exercise of rights granted hereunder, the City covenants with Grantor that it shall first notify
Grantor prior to undertaking prep/anned and scheduled construction, maintenance or reconstruction
work within the easement area, and to make all reasonable efforts to accomplish such work so as not
to interfere with or damage any existing building structures. Further, City covenants with Grantor that it
shall exert all reasonable effort to accomplish such work so as not to unduly interfere with the peaceful
enjoyment of the Property by the Grantor, its guests, invitees and tenants.
To the fullest extent possible, all utility facilities authorized hereby shall be placed underground and to
the extent any above ground facilities are required, the same shall require the reasonable approval and
consent of Grantor, which shall not unreasonably be withheld.
Subjec~ to statutory limitations and restrictions of 9768.28, Florida Statutes, the Florida sovereign
Immunity statute, the City agrees to indemnify and hold the Grantor harmless from all cost, loss,
damage or claims of any nature arising out of any work performed by the City on or within the
easement area. This indemnity shall include any legal fees incurred by the Grantor in connection with
defending any such cost, loss, damage or claims.
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.
It is expressly understood and agreed that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein, including the grant of
additional rights not in conflict with the rights granted herein.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed in
its name this ~1 #P day of OC7cZ5C-Tl-- , 2002.
THE GP..6.ND BELLAG!O AT BAYWATCH
LIMITED PARTNERSHIP
BY: GBB, LTD.
By:
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pri"7f;ik
WITNESS signature
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Print Witness Name
The Grand Bellagio at Baywatch
Drainage & Utility Easement
2
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STATE OF FLORIDA
: ss
COUNTY OF ORANGE
PINELLRS COUNTY FLR,
OFF,REC,8K 12406 PG 2667
The foregoing instrument was acknowledged before me this ., Z. HJ> day of
OC'7't::V5en- , 2002 by Christopher DelGuidice, as President of GBB, Inc., a
Florida corporation, as general partner of GBB, Ltd, a Florida limited partnership, as general partner of
The Grand Bella io at Baywatch Limited Partnership, a Florida limited partnership, who is personally
know to me or .N' ~ . as identification.
1>0,..) A L..1'::> L.. K ArF" t<.A
Type/Print Name
Commission No.: l:.e- ,~, 779
The Grand Bellagio at Baywatch
Drainage & Utility Easement
My commission expires:
~"~~.~ DONALD L KAFKA
~rlr:."":~ MY COMMISSION # CC 956774
\~.i~ EXPIRES: November 24. 200.
''1./ff..fi.'" Bonded Thru Notary Public Underwritm
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EXHIBIT
"A"
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Scale 1 = 60
This is not a survey
Drainage & Utility Easement
Legal Description
Commence at the Southwest corner of
Section 20, Township 29 South, Range 16
East, Pinellas County, Florida; thence along
the South line of said Section 20,
S89019'48"E, a distance of 100.01 feet;
thence N01026'21"E, a distance of 5.00 feet;
thence S89019'48"E, a distance of 609.99
feet; thence N01026'21"E, a distance of
344.37 feet; thence S89019'48"E, a distance
of 12.00 feet; thence N01026'21"E, a
distance of 246.00 feet; thence
S89019'48"E, a distance of 263,02 feet;
thence N01026'21"E, a distance of 151.06
feet to the POINT OF BEGINNING; thence
N01026'21"E, a distance of 390.90 feet;
thence S89026'50"E, a distance of 30.00
feet; thenceS01 o26'21'W, a distance of
10.00 feet; thence N89026'50'W, a distance
of 15.00 feet; thence S01026'21'W, a
distance of 361.58 feet; thence
S86048'30"E, a distance of 74.68 feet;
thence S02019'54'W, a distance of 20.00
feet; thence N86048'39"W, a distance of
89.37 feet to the POINT OF BEGINNING.
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PINELLAS COUNTY FLA.
OFF.REC.BK 12406 PG 2668
LINE TABLE
LENGTH
100.01
5.00
S09.99
344.37
12.00
24S.00
2S3.02
IS1.0S
30.00
10.00
15.00
20.00
L12
BEARING
589'19' 48"E
N01'2S'21"E
589'19'48"E
N01'2S'21"E
589'19'48"E
N01'2S'21"E
589'19'48"E
N01'2S'21"E
589'2S'SO"E
501'2S'21"W
N89'26'SO"W
502'19'S4"W
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
DRAWN BY
MC
CHECKED BY
DATE
6/02
CRID,
318A
DRAINAGE & UTILITY
EASEMENT DRAWING
GRANDE BELLAGIO
OWG. NO.
Lg12002-07
SHEET
I OF 1
S(CT-lWSP-RNG
20- 29S-16E
QROlNANCE
N/A
,10/~2~2002 TUE 15:48 FAX
l4J 008/009
RetuaJ..1D:
Eat! Barrett
engineering Department
City of Clearwater
P. O. Box4748
Clearwater, Fl. 333758--4748
r Parcell. D. No. 20-29-16-00000-330-0700 l
PINELLAS COUNTY FLA,
OFF,REC,BK 12406 PG 2669
CONSENT TO EASEMENTS & SUBORDINATION OF INTEREST
THE UNDERSIGNED, being the owner of a lien on or secured Interest in the following
described premises:
A portion of the Southwest % of Section 20, Township 29 South. Range 18 East,
Plnellas County, Florida, being more specifically descrlbod and depicted in
EXHIBIT "A" and in EXHIBIT liB" appended hereto and made a part hereof,
said lien being evidenced by that certaIn Amended and Restated Mortgage & Security Agreement dated
November 16, 2000 given by THE GRAND SaLAGIO AT BAYWATCH, L.P.. a Florida Limited Partnership
("Mortgagor"), in favor of REGIONS BANK, a state banking corporation organized and existing under the
laws of the State of Alabama ("Mortgagee"), as recorded among the OffICial Records of Pinellas County,
Florida in Official Records Book 11126, Page 0805. Mortgagee does hereby consent to and joins in the grant
of that certaIn Blanket Water Main Easement dated October 8, 2002, and that certain Drainage and Utility
Eesement dated (5's:TObe.L. 2.z.. ,2002 given by Mortgagor to the CITY OF CLEARWATER.
FLORIDA, a Florida Municipal Corporation, and does hereby further subordinate said mortgage interest and
all of the right. title, Interest and claim thereunto accruing in said premises to said easement grants, together
with facilities descrl~ed therein. ,;,
~ 1tJ.' WITNESS WHEREOF, the undersigned has caused these presents to be signed this .l.L day
of ~~ .200~,
Signed, sealed and delivered In
presenoe of:
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Witness Signatureh
Print name S iLE;:I) /11/ D.5
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Witnes ignatur
Print name 1=\("\.0. ~ \0\. )cxc.. \f-. "'::loY'\
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,10/22/'2002 Tlffi 15:48 FAX
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ACKNOWLEDGMENT;
F~seroeDt Consent & SubordInation
RE: Portion of Sec. 20, Twp. 29 S.
Rge. 16 e, Pinellas County. Fl.
Grantor. The Grand Bellagio at Baywatch, L. p,
Grantee: City of Clearwater, R.
PINELLRS COUNTY FLR.
OFF.REC.BK 12406 PG 2670
STATE OF ALABAMA
COUNTY OF :re..{fev-So~
'. B~FORE ME, the undersigned, personally appeared J""oe-l b. Covn e..-t/- I as
VI c..e, tteside..hf of REGIONS BANK, a state banking corporation organized under the laws
of the state of Alabama. who executed the foregoing instrument on behalf of said banking corporation and
who acknowledged the execution thereof to be h~ free act and deed for the use and purposes set forth
therein.
:ss
(NOTARY SEAL)
/' WN COMMISSION EXPIRES MAY 7,20D3
('-fPersonally Known
[ ] Produced IdentifICation
Type of Identification Produced .
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....EXHJBJ.I
"A"
Scale J n 60'
This is not a survey
Drainage & Utility Easement
Legal Description
Commence at the Southwest corner of
Section 20, Townsh~p 29 South, Range 16
East, Pinellas County, Florida; thence along
the South line of said Section 20,
S89019'48"E, a distance of 100.01 feet;
thence N01026'21"E, adistance of 5.00 feet;
thence S89019'48"E, a distance of 609.99
feet; thence N01026'21"E, a distance of
344.37 feet; thence S89019'48"E, a distance
of 12,00' feet; thence N01026'21"E, a
distance of 246.00 feet; thence
S89019'48"E, a distance of 263,02 feet;
thence N01026'21"E, a distance of 151.06
feet to the POINT OF BEGINNING; thence
N01026'21"E, a distance of 390.90 feet;
thence S89026'50"g, a distance of 30.00
feet; thence S01026'21'W, a distance of
10.00 feet; thence N89026'50"W, a distance
of 15.00 feet; thence S01026'21'W, a
distance of. 361.58 feet; thence
S86048'30"E, . a distance of 74.68 feet;
thence S02019'54'W, a distance of 20,00
feet; thence N86048'39"W, a distance of
89,37 feet to the POINT OF BEGINNING.
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PINELLRS COUNTY FLR,
OFF ,REC.BK 12406 PG 2671
LINE TABLE
LENGTH
100.01
5.00
609.99
344.37
12.00
246.00
263.02
151.06
30.00
10.00
15.00
20.00
l12
BEARING
589'19'48"[
N01'26'21"E
589'19' 48"[
N01'26'21"[
589'19' 48"[
N01'26'21"[
589'19'48"[
N01'26'21"[
589'26'50"[
501'26'21"W
N89'26'SO"W
502'19'S4"W
CITY OF CLEARWATER, FLORIDA
PUBLIC, WORKS ADMINISTRATION
ENGINEERING
DRAWN BY
Me
CHEOC[O BY
DATE
6/02
CR10.
31BA
DRAINAGE & UTILITY
EASEMENT DRAWING
GRANDE BELL AGIO
DwG. NO.
Lg12002-07
SHEET
1 OF 1
SECT-1WSP-RNG
20- 29S-16E
OADlNANC(
N/A
EXHIBIT "B"
PINELLRS COUNTY FLR.
OFF.REC.BK 12406 PG 2672
LEGAL DESCRIPTION: BLANKET WATER MAIN EASEMENT
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 89 degrees
19' 48" East, for 100.01 feet to the Point of Beginning; thence leavingsaid South line, North 01 degrees 26' 21" East,
for 5.00 feet; thence South 89 degrees 19' 48' East, for 609.99 feet; thence North 01 degrees 26' 21" East for 344.37
feet; thence South 89 degrees 19' 48" East, for 12.00 feet; thence North 01 degrees 26'21" East, for 246.00 feet; thence
South 89 degrees 19' 48" East, for 263.00 feet; thence North 0 1 degrees 26' 21 " East, for 572.00 feet; thence South 89
degrees 26' 50" East, for2233.19 feet; thence South 20 degrees 27' 10" East, for 217.25 feet; thence South 60 degrees
00' 00" West, for 566.48 feet; thence North 89 degrees 19' 09" West, for 779.97 feet; thence South, for 189.83 feet to
the point of curvature of a curve concave to the Northwest; thence Southerly along the arc of said curve, having a radius
of54.00 feet, a central angle of87 degrees 13' 09", an arc length of82.20 feet and a chord bearing of South 43 degrees
36' 34" West, for 74.49 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along
the arc of said curve, having a radius of58.00 feet, a central angle of36 degrees 55' 37", an arc length of37.38 feet and
a chord bearing of South 68 degrees 45' 21" West, for 36.74 feet to the point of reverse curvature of a curve concave
to the North; thence Southwesterly along the arc of said curve; having .a radius of 64.00 feet, a central angle of 39
degrees 42'28", an arc length of44.35 feet, and a chord bearing of South 70 degrees 08'46" West, for 43.47 feet to the
point of tangency; thence West, for 25.42 feet; thence South 55 degrees 05' 18" West, for 63.64 feet; thence West, for
96.27 feet; thence South 54 degrees 10' 51" West, for 17.03 feet; thence West, for 68.14 feet; thence North 38 degrees
08' 04" West, for 12.67 feet; thence West, for 67.34 feet; thence South 35 degrees 48' 2" West, for 134.85 feet; thence
South 42 degrees 27' 28" West, for 66.63 feet; thence South 10 degrees 51' 19" East, for 10.82 feet; thence South 79
degrees 23' 05" West, for 49.80 feet; thence North I 1 degrees 52'40" West, for 9.10 feet; thence North 78 degrees 23'
09" West, for 24.44 feet; thence South 78 degrees 50'41" West, for 127.14 feet; thence South 56 degrees 01' 58" West,
for 40.45 feet; thence South 80 degrees 55' 27" West, for 97.25 feet to a point of curvature of a curve concave to the
Southeast; thence Westerly along the arc of said curve, having a radius of234.00 feet, a central angle of 34 degrees 19'
10", an arc length of 140.16 feet and a ehord bearing South 63 degrees 45' 52" West, for 138.08 feet to the point of
reverse curvature with a curve concave to the Northwest; thence Southwesterly along the arc of said curve, having a
radius of 74.87 feet, a central angle of 02 degrees 40' 04", an arc length of 3.49 feet and a chord bearing South 47
degrees 56' 19" West, for 3.49 feetto the point of intersection with anon-tangent line; thence South 40 degrees 22' 52"
East, for 14.84 feetto 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 40 degrees 22' 52" East, and having a radius of 303.00 feet, a
central angle of 00 degrees 31'45", an arc length of2.80 feet and a chord bearing South 49 degrees 21' 15" West, for
2.80 feet to the point of reverse curvature with a curve concave to the North; thence Southwesterly along the arc of said
curve, having a radius of 125.00 feet, a central angle of 56 degrees 40' 40", an arc length of 123;65 feet and a chord
bearing South 77 degrees 25'43" West, for 118.67 feetto the point of compound curvature with a curve concilVe to the
Northeast; thence Westerly along the arc of said curve, having a radius of 15.00 feet, a central angle of 46 degrees 10'
01", an arc length of 12.09 feet and a chord bearing North 51 degrees 08' 57" West, for 11.76 feetto the point of cusp
concave Westerly; thence Southerly along the arc of said curve having a radius of 55.50 feet, a central angle of I 18
degrees 44' 08", an arc length of 115.01 feet and a chord bearing South 3 I degrees 18' 08" West, for 95.51 feet to the
point oftangency; thence North 89 degrees 19' 48" West, for 111.84 feetto the point of curvature of a curve concave
to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13 degrees
43' 39", an arc length of 8.39 feet and a chord bearing North 82 degrees 27' 58" West, for 8.3 7 feet to a point of reverse
curvature with a curve concave to the South; thence Northwesterly along the arc of said curve, having a radius of35.00
feet, a central angle of 14 degrees 51'42", an arc length of9.08 feet and a chord bearing North 83 degrees 02' 00" West,
for 9.05 feet to the point of intersection with anon-tangent line; thence North 00 degrees 27' 22" West, for 43.51 feet
to the South line of said Section 20; thence along said South line, North 89 degrees 19' 48" West, for 621.39 feet to the
Point of Beginning.