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THE GRAND BELLAGIO AT BAYWATCH LIMITED PARTNERSHIP (2) "" R urn to: eslie K, Dougall-Sides, Esq, '" City of Clearwater P,O, Box 4748 Clearwater, FL 33758-4748 BLANKET WATER MAIN EASEMENT 02-427286 NOl.)- 14-2002 2: 42PM PINELLRS CO 8K 12347 PG 1811 _JlllllllllIllIllIllllllIllIlllllllllllllIlllIIllll-,- _._c.__ For and in consideration of the sum on One Dollar, cash in hand paid to it, the receipt of which is hereby acknowledged, :"~~~S ~nd the benefits to be derived therefrom; 'JiG AMT _~. The Grand Bellagio at Baywatch Limited Partnership, a ,.:K AMT --==--- ---:rt--F Florida limited partnership (the "Grantor") whose ':"~\)R;1~ ~ address is c/o Del American Inc., 474 S. Northlake ,.:s Boulevard, Suite 1020, Altamonte Springs, Florida ~;~ES 1l:---- 3 2 7 0 I, ~m _____ PIG [lEV iOTAL -----dOes hereby grant and convey to the City of Clearwater, Florida ;;ri70 (~he "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, I / J'I /"\ r. '~'I of,J ~_(,'" ,--.1 ........J.f I > ~,. c " Grantor shall pay to the City the 'relocation as reasonably estimated completion of the relocation the considered canceled as to the relocation. PINELLRS COUNTY FLR. OFF. REC . BK 123~? ~~ ~~___ full expected cost of the by the City. Upon the easement herein shall be portion vacated by such 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 involving 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 utility 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 ~. ~... PINELLAS COUNTY FLA, OFF,REC,8K 12347 PG 1814 In witness hereof, the Grantor and Grantee have caused this easement to be duly executed by it I S proper officers thereunto auth.$(rized and it's seal to be hereunto aff ixed this <(,.u..... day of Uc.-\.o~ , 2002. WITNESSES: "..,/41{ THE GRAND BELLAGIO AT BAYWATCH LIMITED PARTNERSHIP BY: GBB, LTD. BY: By: By Name: ~\\\\\""U;I'",1. . ~"~~,W~A BRt4/:/~. ~ ~\J ....... 'I"/.A~' ~ ~.. ~l\SS/OA~.. 'Y,A. ~~ ~ .. .l" Ir~,..'Y ~ ~ .. ~ ' _r$-ber <$ '-Co .. ~ .:: :~~ ..~~.. ~ ==*. c:;j q.~. = _ . >-U'e _ =: .... :*=z -z. . #CC · - ~ s.. .. 990181: ~ ~ ) ~ ~ .;\ &_. . . ~ ~ ~~...~p;~?!!8d\\lN J'...~~ ~ A ..UOf/C ~;.:':"'9 ~ ~ (:101 ........."" ~ ~~ ~II" ..Ie, STA"t.IJ'~,," 1"1''''1Il''\\\\\~ The foregoing instrument was acknowledged before me this~ day of ~fJf ,2002 by Christopher DelGuidce, as President of GBB Inc" the general partner of GBB Ltd., w~i~h entity is th~ sole ~neral pCJrtnAr of ThA Grand Bellagio at Baywatch limited Partnership, wno iSP8rsQna1~ known to me--Q:r, who has produced as identification. ~ .~~rA ~/4t. THE FLORIDA ~~ ATTEST: STATE OF FLORIDA ) ): ss. COUNTY OF ~~j.- ',~. Goudeay. City Clerk 8 3 .~ '~, ~ NOTARY PUBLIC, State of Florida Print Name: Commission No.: My Commission Expires: STATE OF FLORIDA ) ): ss. COUNN OF PINELLAS ) PINELLRS COUNTY FLR. OFF.REC.8K 12347 PG 1815 October The foregoing instrument ~Es ~cknowledged before me this 1 day of , 2002 byWilliam B. Horne ,IlJS Jt~ina~~ authorized signatory of The City of Clearwater, Florida who is (personallv known to ~ or who has produced as identification. ....'~~~JrU"" Denise A Wilson f:rK'f::: MY COMMISSION # CC914107 EXPIRES ~:,~.;;.l June 18, 2004 --'r.i'R' 'F f-.?:-.... BONDED T~.U TWY FAIN INSURANCE. INC ",..t." ~J(1 !J~ NOTARY PUBLIC, State of Florida Print Name: Commission No.: (!'(!9/lfIO'/ My Commission Expires: G: \ DATA \DELGUIDI\AI-creek (Bellagio-Venezia-Baywatch)\blanket easement to pinellas from bellagio 4 EXHIBIT "A" LEGAL DESCRIPTION PINELLRS COUNTY FLR. OFF .REC.8K 12347 PG 1813 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.ol feet to the Point of Beginning; thence leaving said 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 01 degrees 26'21" East, for 572.00 feet; thence South 89 degrees 26' 50" East, for 2233.19 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 of 54.00 feet, a central angle of 87 degrees 13' 09", an arc length of 82.20 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 of 44.35 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 1 0 degrees 51' 19" East, for 1 0.82 feet; thence South 79 degrees 23' 05" West, for 49.80 feet; thence North 11 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 of34 degrees 19' 10", an arc length of 140.16 feet and a chord 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 feet to the point of intersection with a non-tangent line; thence South 40 degrees 22' 52" East, for 14.84 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 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 feet to the point of compound curvature with a curve concave 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 feet to 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 118 degrees 44' 08", an arc length of 115.01 feet and a chord bearing South 31 degrees 18' 08" West, for 95.51 feet to the point of tangency; thence North 89 degrees 19' 48" West, for 111.84 feet to 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 of8.39 feet and a chord bearing North 82 degrees 27' 58" West, for 8.37 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 a non-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.