K B INVESTMENT HOLDINGS, LTD
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006050896 02/10/2006 at 08:06 AM
OFF REC BK: 14924 PG: 1064-1069
DocType:EAS RECORDING: $52.50
D DOC STAMP: $0.70
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 17-29-16-59392-001-0010
FIRE HYDRANT & UTILITY 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 therefrom,
K B INVESTMENT HOLDINGS, L TD, a Florida limited partnership
2226 S. R. 580, Clearwater, Florida 33763-1126
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive easement over, under and across the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 1, Block 1, J. J. MUGGS SUBDIVISION, Plat Book 91, Page 40, Public
Records of Pinellas County, Florida, as more particularly described and depicted in
Pages 1 and 2, KEY WEST GRILL REDEVELOPMENT UTILITY EASEMENT appended
hereto and a part hereof.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary a fire hydrant,
potable and irrigation water lines and all related utilities (the "facilities"). Grantee shall have full
authority to inspect and alter all facilities from time to time within said easement premises. In the time-
to-time exercise of rights granted herein Grantee shall in every instance restore all physical impacts to
the easement premises to equal or better condition as existed prior to the exercise of such rights.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein
described easement premises, and 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.
It is expressly understood that Grantor reserves unto itself all rights of olivnership of the
easement premises not inconsistent with the easement rights granted herein.
U:\Easements\K B INVEST FIRE HYDRANT & UTIL EAS.I02605.doc
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor. the Grantee. their successors and assigns. The
rights granted herein shall be perpetual and irrevocable and shall run with the land. except by the
written mutual agreement of both parties. or by abandonment of the easement premises by Grantee.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this 70#+1. day of November, 2005.
Signed, sealed and delivered
in the presence of:
1~~i~~:~~~eE~~i:O~:~;S' ~:::~na
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By:' hl:-'" I
, Robe~chmidt. Jr.. its General/Partner
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rjt tness Na~~
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Print Witness Name
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STATE OF FLORIDA
ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this r;"'- day of November. 2005 by
Robert E. Schmidt. Jr., as General Partner of K B INVESTMENT HOLDINGS, L TO" a Florida limited
partnership, who executed the foregoing instrument on behalf of said general partnership. and who
acknowledged the execution thereof to be his free act and deed for the uses and purposes therein
expressed,
~ (l. Lf./ONU~un
Not ry ubhc - State of FlOrida
~ A. HO/nSOfl
Type/ Int Name
[.)(] Personally Known
[ ] Produced Identification
Type of Identification Produced
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CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain mortgage lien described in the Amended and Restated
Mortgage, and other instruments of security dated February 23, 2005 given by K. B. INVESTMENT
HOLDINGS, LTD., a Florida limited partnership, the herein described Grantor, as recorded in Official
Records Book 14153, Pages 1876-1886, Public Records of Pinellas County, Florida, does hereby join
with Grantor and consents to the grant of easement as described in that certain Fire Hydrant and Utility
Easement dated November 7~ , 2005 as conveyed to the City of Clearwater, Florida; and hereby
subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instrument, and
all other instruments of security as described therein, to the easement rights as conveyed by Grantor.
Signed, sealed and delivered
In the presence of:
AMCORE BANK, NA, organized and existing
under laws of the United States of America
By: .~~r
Print Name G,~+c.h<.n 0v'f"llevc.n
Title v.iC~ ?rt..~!c\U\....t
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prinWit
Witn~s signa~re
CICJ.r/c. k^slhM.~..!~
Print Witness name .
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
b The forego~ng instrument was acknowl~dged ~efore me this ~ day of November, 2005 by
(I~{\~.f IiI 0 v \ Iv\. \,f v' >v, , as \/1 (.e (jl" \t\J! v\.+ of AMCORE
BANK, NA, organized and existing under laws of the United States of America, mortgagee in the
above-described lien, who executed said instrument and acknowledged the execution thereof to be
h__ free act and deed for the uses and purposes therein expressed, and who IX) is personally known
to me or who [ ] did provide ~.
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PATRICIA PAPPAS
NOTARY PUBLIC
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SECTION 17 TOWNSHIP. 29 S, RANGE. 16 E
PROJECT NUMBER 01-3221
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BNDY = BOUNDARY
COR = CORNER
OR = OFFICIAL RECORDS BOOI<
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COt.tt.tENCDAENT
R/W = RIGHT-OF-WAY
SR = STATE ROAD
US = UNITED STATES
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10.00' J.J. MUGGS SUBDIVISION
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NORTH R/W LINE STATE ROAD 60
SR 60
GULF TO BAY BOULEVARD
NOT A SURVEY
SHEET 1 OF 2
SKETCH & DESCRIPTION
DATE
11/04/05
KEY WEST GRILL
REDEVELOPMENT
UllUTY EASEMENT
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2915 5.R. 590, SUITE 17
CLEARWA TER, FLORIDA 3J759
(727) 669 0522
H: \IN\3221 \dwg\3221 sd3.dwg
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DESCRIPTION
SECTION 17, TOWNSHIP. 29 S, RANGE. 16 E
PROJECT NUMBER 01-3221
THAT PORTION OF LOT 1, BLOCK 1, J.J. MUGGS SUBDIVISION, PLAT BOOK 91, PAGE 40, PUBLIC RECORDS PINELLAS
COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WEST LINE OF SAID LOT 1, N 01"04'04" E,
70.01 FEET; THENCE ALONG A LINE 70.00 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE
OF STATE ROAD 60 (A 120 FOOT RIGHT-OF-WAY), N 89"46'01" E, 10.00 FEET; THENCE ALONG A LINE 10.00 FEET
EAST OF AND PARALLEL WITH SAID WEST LINE OF LOT 1, S 01"04'04" W, 67.01 FEET; THENCE ALONG A LINE 3.00
FEET NORTH OF AND PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE STATE ROAD 60, N 89"46'01" E, 5.00 FEET;
THENCE ALONG A LINE 15.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF LOT 1, S 01"04'04" W, 3.00
FEET TO SAID NORTH RIGHT-OF-WAY LINE STATE ROAD 60; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S
89"46'01" W, 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 715 SQUARE FEET, MORE OR LESS
NOTES
1. BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 60, SAID LINE BEING ASSUMED
AS S 89"46'01 "W.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORI TATUTES
NOT A SURVEY
SHEET 2 OF 2
SKETCH & DESCRIPTION
DATE
11/04/05
KEY WEST GRILL
REDEVELOPMENT
UTlUTY EASEMENT
POI.ARI8 ASSOCIA TE:S INC.
PROFESSIONAL SURVE:YlNG LB 6113
2915 5.R. 590, SUITE: 17
CLEARWA TE:R, FLORIDA 33759
(727 669-0522
H: \IN\3221 \dwg\3221 sd3.dwg
II
CONSENT & JOINDER
II
FLORIDA POWER CORPORATION, a Florida corporation, d/b/a PROGRESS ENERGY
FLORIDA, INC. ("FPC"), owner and holder of an equitable interest in the real property described herein
by virtue of that certain easement dedication described in the plat of J. J. MUGGS SUBDIVISION as
recorded in Plat Book 91, Page 40 of the public records of Pinellas County, Florida, does hereby join
with K. B. INVESTMENT HOLDINGS, LTD. ("Grantor") and consents to the grant of easement
conveyed in the herein described Fire Hydrant and Utility Easement to the City of Clearwater, Florida
("Grantee"); provided always and in every instance that Grantee shall be responsible for and indemnify
FPC for any damages sustained by FPC as a result of Grantee's exercise of said easement rights;
however, nothing herein shall be construed as a waiver of sovereign immunity enjoyed by Grantee as
provided in Florida Statutes 768.28, as amended from time to time, or any other law providing limitation
on claims./.~
A..~t:'I' 'Sf.iJ,--::'
Signed, sealed and delivered ~~~"""U:iiAU:;~f'"i. /,:y:;\ FLORIDA POWER CORPORATION, a Florida
In the presence of: /fJ 1.r"PRij\lW (~'! corporation, d/b/a PROGRESS ENERGY
\~. !lU I ).JJ.~.2_ ~/ FLORIDA, INC.
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By: ~ -. J~
Print Name Billy Raley ---
Title Vice President, North Central Region
ne.ss signature . ..d.J:>
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Print Witness name
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II AFFIDAVIT OF NO LIENS II
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Robert E.
Schmidt, Jr., the general partner in KB INVESTMENT HOLDINGS, L TO, a Florida
limited partnership, whom, being first duly sworn, does depose and say:
1. That said limited partnership is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit
J; J. MUGGS SUBDIVISION, Block 1, Lot 1, according to the map of plat
thereof as recorded in Plat Book 91, Page 40, Public Records of Pinellas
County, Florida
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 said property, other than those
that will be paid during the normal course of business, except: (if none, enter "NONE")
N~O~
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except:
That certain Amended and Restated Mortgage and other instruments of security dated
February 23, 2005 given in favor of AMCORE BANK, NA, organized and existing under
the laws of the United States of America, as recorded in Official Records Book 114153
Pages 1876 - 1886 of the Public Records of Pinellas County, Florida.
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 described property
for improvements thereto by any government, whether or not said assessments appear
of record.
6. That there are no outstanding sewer service charges or assessments payable to
any government.
~,
I '.~ ,_
Page 2 - Affidavit of No Liens
K B INVESTMENT HOLDINGS, LTD.
RE: J. J. MUGGS SUB., Blk. 1, Lot 1
7. That the representations embraced herein are for the purpose of inducing the
OF CLEARWATER, FLORIDA, its agents, successors and aSSignsJO~ thereonl
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wrr E Signature, l?'i.~.,/~:d..m._"..__.__._. .' ,.' .'
1Y1o~ A. H(U'f)SO A Robert E. Schmidt, J.~, /'
W N S Pnnted Name Its General part/,/
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Sworn to and subscribed to before me this ~ day of November, 2005.
lFrlt1/lJ,+ fl. ~/) I~
Notary JDUblic - State of Florida
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