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A B R PLYMOUTH PLAZA LIMITED INST # 96-313346 NOV 14, 11=~. 4: 42PM , I .. Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 PINELLAS COUNTY FLA. OFF.REC.BK 9524 PG 266 EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, A B R PLYMOUTH PLAZA LTD., a Florida Limited Partnership 26750 U. S. Highway 19 North, Suite 350 Clearwater, Florida 34621 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, state of Florida, to-wit: A Ten (10') foot water main easement lying 5' each side of all water mains up to and including all meters, AND an ingress and egress easement for refuse and garbage collections and City of Clearwater service and utility vehicles, all lying within the following described tract: A portion of Section 30, Township 28 South, Range 16 East, in the City of Clearwater, County of Pinellas and State of Florida being more particularly described n EXHIBIT ~A" attached hereto, and also being depicted in EXHIBIT ~B" attached hereto. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any water facili ties qp~.~~ct).,ldnspect and alter such water facilities from time to time .11 ~b..''-'!''"'''''''' .' f'.C ~T l_6-QJl:J..P. r" '\\ lE .,_ ,..i~.'" ' '-~' c ,'c ~~. C'. ' ~.J) "".., -"0 DHZ:. ____.__l l~ ~ ,-) ';:;. \;"1': .~.. -~-_.- :J ,.-~~ C~E:~'iT _~ -,..-...""--... Docament./lry T"lX Pd. .. ~-----7D,L T--.--- :r:c.i:P:, if-;lc Tax ~I~' r!e : t~ ".' .........-.----..- '. ~~~;i~p~ s Cit)rk~ i-~j'iil":'('I!S C .. aunt',' '--- ~ep:Jty CIQrlt ;-<(--D3 ~r~ tc (I/~.' ) .. .1,. , "...; J I Page 2 - Grantor: Grantee: Date: Water Main Easement A B R Plymouth Plaza, LTD City of C earwater, Florida 5 -aO, 1996 PINELLAS COUNTY FLA OFF.REC.BK 9524 PG 267 IN WITNESS WHEREOF, the party hereto has caused these presents duly executed by its proper officers ther~uthorized and its seal hereunto affixed, this:::t~t!:-. day of . ~ , 1996. to be to be Signed, sealed and delivered in the presence of: A B R PLYMOUTH PLAZA, LTD., orida Limited Partnership n~J/V1~ A : .,,- WITNESS ./~ f(/DW\e.Y\a S E\'e..6 e- ~::S:L ~~I A-/(LY4\dit./ wlfgev:. ~~~ed sign~ure STATE OF FLORIDA COUNTY OF (l-,~/l/t2/~..9 The foregoing instrument was acknowledged before me this 30C~day of ~_ ,1996 by Robert M. Reed, II, as sole General Partner of A B R PLYMOUTH PLAZA, LTD., a Florida Limited Partnership, who affirmed that he is duly authorized and did execute such instrument on behalf of the partnership for the purposes expressed therein. ,\\\"'....',J. .YlIo. ~~\ BECk ""11/.1... ,~'- ~..... "r ~W;~.. ~..:\)~f}.P'RE/..... 1ft.. :$. Zc.. ,999 ...~~ ~ · ""V' -<6:"'" ~~l ~ I ..~ ~~..:...Ji ~ · :E · ~ .-.u...._ :. , ::,.:, ::.~ ~ ~1.~- - · -,. rt;:,...'" IS . .:::- ~.. \" ~q....,~..~;::' ~.. B\l~ ~\V . ~ ;::f ~.. ... NOlary\l~~...~ $' ~ 4'tn........., \~, #' "II"'" fJqAY PU~'- ~,\" 1'",,,,,,,,,\,,,~ 0~ ~..-"-~~L Notary Public State of Florida Type/print/stamp name of acknowledger [~erSOnallY Known [ ] Produced Identification Type of Identification Produced , ,. ,.., ~ ' I , I ATTACHED TO AND AN INTEGRAL PART OF: Water Main Easement Dated: September 30, 1996 Grantor: ABR Plymouth Plaza, LTD Grantee: City of Clearwater, Fl. PINELLAS COUNTY FLA OFF.REC.BK 9524 PG 268 MORTGAGEE CONSENT TO EASEMENT BANK MIDWEST, N. A., a National banking association, organized and existing under the laws of the United states of America, witD offices at 1100 Hain Street, Kansas City, Hissouri, on this 71 day of DClv~~~ , 1996, acknowledging receipt of One Dollar $1.00) and other good and valuable consideration, and the execution of the grant of easement or right-of-way by the fee owner of the premises described herein, the terms of which are incorporated herein and, by reference, made a part hereof, said corporation being the owner and holder of all the indebtedness secured by that certain mortgage and other instruments of collateral dated November 23, 1992 given to Chase Manhattan Bank, N. A., a national banking association, as recorded in Official Records Book 8108, Page 2182, et aI, in the Public Records of Pinellas County, Florida, said mortgage and all related security instruments having been assigned to Lennar Northeast Partners Limited Partnership, a Delaware Limited Partnership, on November 3, 1994 as recorded in Official Records Book 8908, Page 683, Public Records of Pinellas County, Florida, and being subsequently assigned thereafter to BANK MIDWEST, N. A., a national banking association, which hereby consents and agrees to the grant of easement as described herein, and grants to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, its successors and assigns, the same right-of-way, and agrees that such right-of-way shall be prior and paramount to all rights under such mortgage, and any future modifications thereof; and that any sale under foreclosure of said mortgage shall be subject to such right-of-way. Signed, sealed and delivered in the presence of: 14. - J). {/J~ By: 'W~Slgna:bl1e --(j ~p~t~~e~am~ ' 'Y TNESS S~nature 6--fJ I4-E' r ~<,.J Print Name I, ,,'~ ~ , ' I Page 2 - Notary Acknowledgment Bank Midwest, N. A. Consent to Easement given City of Clearwater, Florida by ABA Plymouth Plaza, LTD. , I UNTY FLA. PINELLAS C~4 PG 269 OFF.REC.BK 95 STATE OF MISSOURI COUNTY OF JACSKON ~ The foregoing instrument was acknowledged before me this ~~ day of CJ/-M8Of--. , 1996 by John E. Baxter, as Vice President for BANK MIDWEST, N. A., ehalf of said banking corporation and ::~~Stat~rOf Mi:~::::~- {SEALL Type/Print Name ~,.I~, /?t;Z.l;f/-c>~&auk--t, o Personally Known [ ] Produced Identification Type of Identification Produced ....... Rn7.RI J ........ ....., .....-N*J... lrA1Bc....... ..,~ _1' . 1..~__"_ }',.. ,.... I I PINELLAS COUNTY FLA. OFF.REC.BK 9524 PG 270 EXHIBIT ~~A" [LEGAL DESCRIPTION: PLYMOUTH PLAZA] A tract of land lying in Section 30, Township 28 South, Range 16 East, Clearwater, Pinellas County, Florida, and being more particularly described as follows: COMMENCE at the center of said Section 30; thence S. 00012'15" E., for 50.00 feet, along the centerline of U. S. Highway 19; thence N. 89055'13" W., for 100.00 feet, to the intersection of the South right-of-way line of S. R. 580, and the West right-of-way line of U. S. 19 (a 200 foot right-of-way); thence along said right-of-way the following three (3) courses: 1) S. 00012'15" E., for 150.49 feet, to a point of curvature of a curve concave to the Northeast; 2) thence southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 21050'27", an arc length of 1130.21 feet, and a chord bearing S. 11007'28" E, for 1123.38 feet to the POINT OF BEGINNING; 3) thence continue southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 04059'40", an arc length of 258.46 feet, and a chord bearing S. 24032'32" E., for 258.37 feet; thence, leaving said right-of-way line, S. 53051 '47" W., for 93.06 feet; thence N. 36008'28" W., for 111.50 feet; thence S. 53051 '32" W., for 229.00 feet; thence N. 36008'28" W., for 18.50 feet; thence S. 53051 '32" W., for 201.65 feet; thence N. 36008'28" W., for 160.00 feet; thence S. 53051'32" W., for 210.82 feet, to a point on the easterly right-of-way line of Enterprise Road; thence along said right-of-way line the followmg three (3) courses: 1) N. 55019'05" W., for 307.28 feet, to the point of curvature of a curve concave to the Northeast; 2) thence northwesterly along the arc of said curve having a radius of 270.00 feet, central angle of 45019'50", an arc length of 213.62 feet, and a chord bearing N. 32039'10" W., for 208.09 feet to the point of compound curvature of a curve concave to the Northeast; 3) thence northwesterly along the arc of said curve having a radius of 835.00 feet, a central angle of 00024'40", an arc length of 5.00 feet and a chord bearing N. 09046'55" W., for 5.99 feet to a point on the South line of the plat of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76, of the Public Records of Pinellas County, Florida; thence along the southerly and easterly lines of said plat the following two (2) courses; 1) S. 89055'13" E., for 6.87 feet; 2) thence N. 00004'47" E., for 167.02; thence, leaving said plat, S. 89055'13" E., for 220.00 feet; thence S. 10004.'47" W., fer 135.00 feet; ~henca S. 89"55',3" E., for 568.72 fest; thence N.Ooo04'47" E., for 10.00 feet; thence S. 36056'12" E., for 70.43 feet to the point of curvature of a curve concave to the Northwest; thence northeasterly along the arc of said curve, having a radius of 47.75 feet, a central angle of 38013' 11 ", an arc length of 31.85 feet and a chord bearing N. 77038'48" E., for 31.26 feet to a point of tangency; thence N. 58032'12" E., for 121.19 feet to the point of curvature of a curve concave to the Southeast; thence northeasterly along the arc of said curve having a radius of 187.16 feet, central angle of 09005'08", an arc length of 29.68 feet, and a chord bearing N. 63004'46" E., for 29.65 feet to a point of tangency; thence N. 67037'20" E., for 26.65 feet to the Point-of- Beginning. LESS that part thereof as described in Order of Taking recorded in O.R. Book 6656, Page 889 of the Public Records of Pinellas County, Florida. , I PINELLAS COUNTY FLA. OFF.REC.BK 9524 PG 271 SCALE: r-200' \ NOlE: 1HS IS NOT A SURVEYI \ \ \ \ \ \ \ \ ~ DIALYSIS MACHINE DO NOT TURN WATER OFF \ \ \ \ \ \ \ \ \ \ \~~ \'6 '\ \ \ \ \ \- \. .. \ \ \ \ '" ~ ID Golf Course CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT ORA" BY 1UI OfEa<ED BY E8 DESIGNED BY N A MB PARCEL 34 01 SKETCH 1 or 1 I ~~ ~ I ':','- '.\i . I I Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. o. Box 4748 Clearwater, Fl. 34618-4748 AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF f " l\t f / /d 9 BEFORE ME, the undersigned authority, personally appeared Robert M. Reed, II, as sole General Partner of A B R PLYMOUTH PLAZA, LTD., a Florida Limited Partnership, whom, being first duly sworn, does depose and say: 1. That A B R PLYMOUTH PLAZA, LTD. is the owner of legal and equitable ti tle to the following described property in Pinellas County, Florida, to wit: A portion of Section 30, Township 28 South, Range 16 East, in the City of Clearwater, County of Pinellas and State of Florida being more particularly described in EXHIBIT "A" attached hereto, and also being depicted in EXHIBIT "B" attached hereto. 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against saidl property, except (insert ~NONE" if applicable, or list) : ~/J8Afe '7 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain Note secured by a mortgage, along with other instruments of collateral dated November 23, 1992 (~mortgage") in favor of Chase Manhattan Bank, N. A., a national banking association, as recorded in O.R. Book 8108, Page 2182, et al, of the Public Records of Pinellas County, Florida, said mortgage having been assigned to Lennar Northeast Partners Limited Partnership, a Delaware Limited Partnership, on November 3, 1994 as recorded in O.R. Book 8908 Page 683, Public Records of Pinellas County, Florida, and being subsequently assigned thereafter to Bank Midwest, N. A., a national banking association on October 31, 1995 as recorded in O. R. 9155, Page 612, of the Public Records of Pinellas County, Florida. . ...~. ..; I I 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there is no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. ~ /a / .. ...~ cev . U.,'. WITNE - :5~A~UmJ Witness' Printed Signature +~;.4Z A B R PLYMOUTH PLAZA, LTD., a ida Limited Partnership its ~/M~ WITNE S al?7;:?YtA. Sf) le,..sE: Witness' Printed Signature Sworn to and subscribed to before me this A. D 'J 1996. '-;10#day of ~ [~perSOnallY Known [ ] Produced Identification Type of Identification Produced ~\\\\\htilii;;,'; .. 1\'\~ \ SE'.q~ 1'-/1.: ' ~s ,;). '-CJ,I'~ ~.. ~ ........~, ~~ ~ .. - e. ~.,. ~ .. ....l!I~\ONEXPIJ>.. .~ ~~~'~ .~. ~ ~ l ~ ",199.9 is'.~ ilo.; - · ~ · 4- = .~< e,-...:: -.... ~ .....-. ::: . c: ,.' n . -::: -. ~b..fl.A~ ~. 0::_ ~-tc \ tCC6J ~~l/~i ~~....40~ Bon~~~'U~tS.l&'.~ ~ 'J;"L,,../JI PUblIC.,..... ~. ," ~'7lfy ......;..<~::. ;l111i PUBllC. ~ \,,~ '''''"'ltn\~'~ . 0~ ;}_~ Notary Public State of Florida ?J/1~4M (]: S'QL_,~Jc Print Type/Stamp name of notary "" ..~ ~ ',. \.. "c J I ". EXHIBIT "An [LEGAL DESCRIPTION: PLYMOUTH PLAZA] A tract of land lying in Section 30, Township 28 South, Range 16 East, Clearwater, Pinellas County, Florida, and being more particularly described as follows: COMMENCE at the center of said Section 30; thence S. 00012'15" E., for 50.00 feet, along the centerline of U. S. Highway 19; thence N. 89055'13" W., for 100.00 feet, to the intersection of the South right-of-way line of S. R. 580, and the West right-of-way line of U. S. 19 (a 200 foot right-of-way); thence along said right-of-way the following three (3) courses: 1) S. 00012' 15" E., for 150.49 feet, to a point of curvature of a curve concave to the Northeast; 2) thence southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 21050'27", an arc length of 1130.21 feet, and a chord bearing S. 11007'28" E, for 1123.38 feet to the POINT OF BEGINNING; 3) thence continue southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 04059'40", an arc length of 258.46 feet, and a chord bearing S. 24032'32" E., for 258.37 feet; thence, leaving said right-of-way line, S. 53051 '47" W., for 93.06 feet; thence N. 36008'28" W., for 111.50 feet; thence S. 53051 '32" W., for 229.00 feet; thence N. 36008'28" W., for 18.50 feet; thence S. 53051'32" W., for 201.65 feet; thence N. 36008'28" W., for 160.00 feet; thence S. 53051'32" W., for 210.82 feet, to a point on the easterly right-of-way line of Enterprise Road; thence along said right-of-way line the following three (3) courses: 1) N. 55019'05" W., for 307.28 feet, to the point of curvature of a curve concave to the Northeast; 2) thence northwesterly along the arc of said curve having a radius of 270.00 feet, central angle of 45019'50", an arc length of 213.62 feet, and a chord bearing N. 32039'10" W., for 208.09 feet to the point of compound curvature of a curve concave to the Northeast; 3) thence northwesterly along the arc of said curve having a radius of 835.00 feet, a central angle of 00024'40", an arc length of 5.00 feet and a chord bearing N. 09046'55" W., for 5.99 feet to a point on the South line of the plat of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76, of the Public Records of Pinellas County, Florida; thence along the southerly and easterly line!: of said plat the following two (2) courses; 1) S. 89055'13" E., for 6.87 feet; 2) thence N. 0000~47~ E., for 167.02; thence, leaving said plat, S. 89055'13" E., for 220.00 feet; thence S. 00004'47" W., for 135.00 feet; thence S. 29055'13" E., for 568.72 feet; thence N. 00004'47" E., for 10.00 feet; thence S. 36056'12" E., for 70.43 feet to the point of curvature of a curve concave to the Northwest; thence northeasterly along the arc of said curve, having a radius of 47.75 feet, a central angle of 3801 3' 11 .., an arc length of 31.85 feet and a chord bearing N. 77038'48" E., for 31.26 feet to a point of tangency; thence N. 58032'12" E., for 121.19 feet to the point of curvature of a curve concave to the Southeast; thence northeasterly along the arc of said curve having a radius of 187.16 feet, central angle of 09005'08", an arc length of 29.68 feet, and a chord bearing N. 63004'46" E., for 29.65 feet to a point of tangency; thence N. 67037'20" E., for 26.65 feet to the Point-of- Beginning. LESS that part thereof as described in Order of Taking recorded in O.R. Book 6656, Page 889 of the Public Records of Pinellas County, Florida. ';. >''t" , ~ ,"" . f 6- : I 12' Co I i , i I I ,F.L. I 9 I I I : I t_____ -------...: I I I , , , I : ! I : , I , I I t)I 12- I f ~.l. I m I is I 10 ~ N.F. 6"C.1. 4-(77) C.!. D B"C.I. ~ '" ... lQ FU: IlBPARCEl.3401 Golf Course CITY OF CLEARWATER, FLORIDA ENGINEERING DEP ARll.1ENT DRAIN BY n..w CHEDCEO BY E8 DESIGNED BY N A MB PARCEL 34 01 SKETCH 1 or 1