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HIGHLAND PROPERTIES OF GULFCOAST, LTD .~ KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006050898 0211012006 at 08:06 AM OFF REC BK: 14924 PG: 1083-1087 DocType:EAS RECORDING: $44.00 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. 19-29-16-00000-410-0500 FIRE HYDRANT & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, HIGHLAND PROPERTIES OF GULFCOAST, LTD., a Florida limited partnership 4995 58th Avenue South, St. Petersburg, FI. 33715 ("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 ten foot (10') wide parcel of land lying within a portion of the North 250 feet of the East 500 feet in the Southeast % of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A", Pages 1 and 2, 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, maintain and reconstruct as necessary, a fire hydrant, watermain 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. U:\Easements\HIGHLAND PROPERTIES GULFCOAST WM EAS.IIDS.doc ~ It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights conveyed 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 9TH day of DECEMBER , 2005. Signed, sealed and delivered in the presence of: HIGHLAND PROPERTIES OF GULFCOAST, LTD., a Florida limited partnership By: HIGHLAND PROPERTIES OF GULFCOAST, INC., a Florida corporation, its general partner ~reSident By: ~~~c..S<.~~ WITNESS signature ARTHUR CARL PLIESKATT Print Witness Name STATE OF tf It : )js COUNTY OFWGs.f;<<o ~rE:CIff~ The foregoing instrument was acknowledged before me this 9' day of 'j) EC.~ ~ , 2005 by O. G. Stump, as President of HIGHLAND PROPERTIES OF GULFCOAST, INC., a Florida corporation, the general partner of HIGHLAND PROPERTIES OF GULFCOAST, LTD., a Florida limited partnership, who executed the foregoing instrument on behalf of said entities, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and who W. is personally known to me, or who [ ] did provide as identification. b;j(~ N6't ry Public - State of ',4. G6a~6 0- -rkA+c-k~ Type/Print Name My Commission Expires: Nclariai &tal George J. ;n?'r:her. N'-':iJry P,Jbio ~)n~t',"," o-\;w. . 1/',', I~'.>'~ ~~~:Y~:;';..: it~ ':"...:Jt.,lty MIl OX,,";.--~J~,l 8;ri"_," ,..l?:I!,;..if\, :lOOt! Memr:.a<, Pbrw,,-,iV'otda A"'-:Gcla;.ion Of NctIiaI~ U:\Easements\HIGHLAND PROPERTIES GULFCOAST WM EAS.I IOS.doc CONSENT & JOINDER The undersigned Lessee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Commercial Lease dated June 14, 2004 entered into between HIGHLAND PROPERTIES OF GULFCOAST, LTD. ("Lessor") and CROWN EUROCARS, INC. ("Lessee"), does hereby join with Grantor and consents to the afore described grant of easement to the City of Clearwater, Florida, for the purpose of installing and maintaining a fire hydrant, water main and related utilities, and hereby subordinates all right, title, interest and claim inherent in said lease to the easement rights as conveyed by Grantor. The foregoing instrument was acknowledged before me this 1- day OfP~~ , 2005 by Dwayne Hawkins, as president of CROWN EUROCARS, INC., a Florida corporation, Lessee of property described herein, who executed said instrument and acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and who0 is personally known to me, or who [ ] did provide ~ '~,,' Public - State of Florida t?t:_:::76~ Type/Print Name Signed, sealed and delivered In the presence of: . ness signature ~~~ ~. 6A p~,/~ Print Witness name -. ~ \~s~ ,,' Witness signatur ':-::;-- , "{.. "-. ~ '" ., ria') ~' ., ~ Print Witness meJ STATE OF FLORIDA : 55 COUNTY OF PINELLAS CROWN EUROCARS, INC., a Florida corporation By: My Commission Expires: /~",~~~or~\ CAROL ISAACS ~.i 1* MY COMMISSION * 00358111 t', " EXPIRES: J.n~.ry 28, 2009 ~iIi . Bonae<! Tnru NOfSry Pual/c UMerwH~'i U:\Easements\HIGHLAND PROPERTIES GULFCOAST WM EAS. I IOS,doc ". -'\ ri:lIS IS !'JOT A SURVEY ,- \ EXHIBIT "A" (Page 1 of 2) LEGAL DESCRIPTION: A 10.00 foot wide parcel of land lying within the following described tract: The North 250 feet of the East 500 teet of the fol lowing described Parcel: A Tract lying In the Southeast 1/4 of SectIon 19. Township 29 South, Range IS East, run North8902S'57"West along the North boundary of the Northeast 1/4 of the Southeast 1/4 of said Section 19, a distance of 100.00 feet; run thence SouthOlo2S'51"West along fhe West right-of-way line of U.S. Highway 19, a distance of 300.00 feet to a POINT OF BEGINNING. From sold POINT OF BEGINNING, continue along the West right-of-way lIne of U.S. Highway 19, SouthOlo2S'51"West, a dl.tance of 371.39 feet: run thence North8902S'19"West, a distance of 249.89 feet: run .thence SouthOlo31' IS"West. a distance of 155.91 feet; run thence South89027'15"East. a distance of 250.08 feet to the West right-of-way Ifne of U.S. Highway 19; run thence along sold West right-of-way line SouthOlo2S'51"West, a distance of 30.00 feet; run North8go25'37"West, a distance of 1004.64 feet; run thence NorthOlo07'3S"East. 0 distance of 556.27 feet; run thence South89028'57"East. a dIstance of 1007.79 feet to the POINT OF BEGINNING. The centerline of which Is descrIbed as follows: COMMENCE at the Northeast corner of the Southeast 1/4 of Section 19. Township 29 South, Range IS East, Plnellas County, Florida; thence N89028'57"W, along the North lIne of the Northeast 1/4 of the Southeasf 1/4 of sold Section 19, a distance of 100.00 feet: thence SOI02S'51"W. along the West right-of-way line of U.S. Highway 19. a distance of 300.00 feet to the Northeast corner of the above described tract of land: thence continue SOI02S'5'"W, along sold right-of-way line and the East line of the above described tract of land, a distance of 9.93 feet to the POINT OF BEGINNING; thence leaving sold right-of-way line, NB90IS'04"W, a distance of 51.10 feet to REFERENCE POINT "A"; thence continue NB90IS'04"W, a dIstance of 59.BI feet: thence SOO03I'03"W, a distance of IS.15 feet to the POINT OF TERMINUS "A"; AND beginning at REFERENCE POINT "A", SOIOI9'37"W, 0 dl.tance of 185.08 feet: thence N8go30'02uW, Q distance of 12B.87 feet: thence SOOo3e'OS"W. a distance of 37.73 feet to the POINT OF TERMINUS liB". Contains 4.737 square feet. 0.109 acre., more or less. lHE: GEOMETRY PERTAINING TO THIS DESCRIPTION AND SKETCH ARE SUB.ECT TO AN ACCURATE FlELD BOUNDARY SURVEY. 'THERE COULD BE ADDITIONAL RESTRICTIONS AFFECTING THIS DESCRIPTION AND SKEtcH IN lHE PUBUC RECORDS OF 'THIS COUNTY. LEGAL DESCRIPTION AND SKETCH HAVE BEEN PREPARED W1lH OR WWlHOUT THE BENEFIT OF A TITlE POUCY. BEARINGS ARE BASED ON lHE NORlH UNE OF lHE NORTHEAST 1/4 OF" lHE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, BEING N89'2S'S7.W. TlT1.E: LEGAL DESCRIPTION AND SKETCH FOR: Sun coast AutoBuilders, Inc. FORESIGHT SURVEYORS, INC. HYDROGRAPIDC, LAND & CONSTRUCTION SURVEYING J 456J-B 58TH STREET NORTH, CLEARWATER. FLORIDA 33760 PH. (727) 539.7196 FAX (727) 539-0888 LB No,: 5776 DATE 11/1S/05 FILE NAME 11492LS1.dwg SHEET 1 of 2 . 1 .. '" ~ " '1 mlS IS NOT A SURVEY EXHIBIT "A" (Page 2 of 2) GRAPHIC SCALE BASIS OF BEARINGS 0 50 100 I I I ~ I . . 0'- 0.10 NE CORNER OF 010 ( IN FEET ) PARENT lRACT of'l 1").- inch = 50 ft. 0 III 59.81' 51.10' N89'8'04.W N89'S'04.W NoRn:iUNE OF - - r: - - :.f- - - -= - - PARENT TRACT f 18.15' r----l 500"31'03- L.J I , I , POINT OF , , , TERMINUS "A" -j I CENTERUNE OF I : PARCa it I I s];l , , ~ t"'"'-H I 4,737 SQ FT fjJ :,: 0.109 AC :1:----...1. , , , I , -111-10.00' 128.87' :=1l f- 500' N89"30.02.W . r:---=--~--=--J : I r-------~----~ I I I Lj CROWN AUDI ~ . 12~ r:;~ en POINT OF TERMINUS "B" 1 1 a... 1-1 00 < ~~ ::J 1-1 1-i5 ~~I 14Ja.. 1 1 I 1 POC / NE CORNER OF THE SE 1/4 OF SEC 19, TWP 29 S. RNG 16 E N UNE OF lHE NE 1/4 OF THE SE 1/4 OF SEC 19, TWP 29 S, RNG 16 E WEST R/W UNE 9.93' S01.26'51"W POINT OF BEGINNING E 0) - >- ~ B :E vl . :) w f LEGEND: AC = ACRES SQ FT = SQU ARE FEET SEC = SECTION TWP = TOWNSHIP RNG = RANGE R/W = RIGHT-OF-WAY POC = POINT OF COMMENCEMENT 'THE GEOMETRY PERTAINING TO 'THIS DESCRIPTION AND SKETCH ARE SUBJECT 10 AN ACCURAlE FIELD BOUNDARY SURVEY. 'THERE COULD BE ADDITIONAL RESlRICllONS AFFECtING THIS DESCRlPllON AND SKETCH IN THE PUBLIC RECORDS OF" THIS COUNTY. LEGAL DESCRIPTION AND SKETCH HAVE BEEN PREPARED WITH OR WITHOUT THE BENEFIT OF A TIlLE POLICY. BEARINGS ARE BASED ON 'THE NORTH LINE OF" THE NORTHEAST 1/4 OF THE SOUlHEAST 1/4 OF' SECll0N 19. TOWNSHIP 29 SOU'TH. RANGE 16 EAST. BEING N89"28'S7.W. nTlE: LEGAL DESCRIPTION AND SKETCH F'OR: Suncoast AutoBuilders. Inc. SCALE 1 D = 50' FORESIGHT SURVEYORS, INC. HYDROGRAPHIC, LAND & CONSTRUCTION SURVEYING 14561-B 58TH STREET NORTH, CLEARWATER, FLORIDA 33760 PH. (727) 539-7196 FAX (727) 539-0888 LB No.: 5776 DATE 11/18/05 FILE NAME 11492LS1.dwg SHEET 2 of 2 \ ~,,_. I~ AFFIDAVIT OF NO LIENS II STATE OF : 55 COUNTY OF BEFORE ME, the undersigned authority, personally appeared O. G. Stump, as President of HIGHLAND PROPERTIES OF GULFCOAST, INC., a Florida corporation, the general partner of HIGHLAND PROPERTIES OF GULFCOAST, LTD., 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: A tract lying in the Southeast 14 of Section 19, Township' 29 South, Range 16 East, Pinellas County, Florida, identified as Pinellas County parcel No. 19-29-16-00000-410-0500 and being more particularly described as the North 200 feet of the East 500 feet of the following described parcel: From the Northeast corner of the Southeast 14 of Section 19, Township 29 South, Range 16 East, run North 89028'57" West along the north boundary of the Northeast 14 of the Southeast 14 of said Section 19, a distance of 100.00 feet; run thence South 01026'51" West along the west right-of-way line of U. S. Highway 19, a distance of 300.00 feet to a POINT OF BEGINNING; from said POINT OF BEGINNING continue along the west right-of-way line of U. S. Highway 19 South 01026'51" West, a distance of 371.39 feet; run thence North 89026'19" West, a distance of 249.89 feet; run thence South 01031 '16" West, a distance of 155.91 feet; run thence South 89027'15" East, a distance of 250.08 feet to the west right-of-way line of U. S. Highway 19; run thence along said west right-of-way line South 01026'51" West, a distance of 30.00 feet; run North 89025'37" West, a distance of 1004.64 feet; run thence North 01007'36" East, a distance of 556.27 feet; run thence South 89028'57" East, a distance of 1 007.79 feet to the POINT OF BEGINNING. 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") 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: U:\Easemenls\HIGHLAND PROPERTIES GULFCOAST WM EAS.l105.doc "'- Page 2 - AFFIDAVIT Affiant: Highland Properties of Gulfcoast, Ltd. RE: Parcel No. 19-29-16-00000-410-0500 That certain Commercial Lease encumbering the subject property dated June 14, 2004 entered into between HIGHLAND PROPERTIES SUNCOAST, LTD. , a Florida limited partnership and CROWN EUROCARS, INC., a Florida corporation. 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. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. ~--/A~ wlm~gnature By: cnsotL?c- J. rJ-lA~oe. WITNESS Printed Name ~)e..c-QC?~ WITNESS Signature ARTHUR CARL PLIESKATT WITNESS Printed Name Sworn to and subscribed to before me this 9 2005: ~;?fi~ Not~ Public - State of ~ ,4 G-.G(!)A...q G ..:T. rk ~k:.kG-e.. PrinVType Name day of j)cc.c;.~~ en.- My Commission Expires ~..__._._-,,--_.-_.-".- - - "-"---."'--"'", I I ~t.J~:-.,;i,~:, -'::"~';~(l ~~ .~ (;r>()"':ir~.J. ;r)<"ch:r, I~'~arvp..~ ~ . '-...' '.""~t~-I "..'~\ .'.r,.,:'-"'-~.'Y"''''.N'''';'l'''''i-<.('''').'~''.J ,;0-.1,.' I """ '.','. -"", ,-- ..,,-, ,>-,"" ..q'l My C,y, ". ..:4'':',. c,.:...,....:. .:".:!,.~.IY .t., 2006 -----..--.-..--.---- Merr.t~f. ~)'r:r111~\:Na.;,:la Ass0:jat~(1 Of Notaries U:\Easements\HIGHLAND PROPERTIES GULFCOAST WM EAS.ll 05.doc