WILDER CORPORATION OF DELAWARE
:::
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006295516 08/08/2006 at 05:08 PM
OFF REC BK: 15292 PG: 2204-2208
DocType:EAS RECORDING: $44.00
D DOC STAMP: $0.70
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Return to: ,
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 16-29-15-16528-000-0020
NDSCAPING & UTILITIES 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,
WILDER CORPORATION OF DELAWARE, a Delaware corporation
authorized to conduct business in the State of Florida
3000 Gulf to Bay Boulevard, Sixth Floor, Clearwater FI. 34619
("Grantor"), does hereqy 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 2, CLEARWATER TOWER, as recorded in Plat Book 104, Pages 81 and
82 of the Public Records of Pinellas County, Florida, being more particularly described
and depicted in EXHIBIT "A", Pages 1 and 2, appended hereto and by this reference
made a part hereof ("Easement Area").
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described Easement Area to remove existing paving, landscaping and utilities, and to reconstruct
thereupon and therein replacement paving, landscaping, utilities and architectural features (hereafter,
"improvements") in acc9rdance with the 100% plans and specifications detailed in City of Clearwater
Project entitled "Cleveland Street Streetscape and Station Square Park" (City Project No. 03-0093-ED),
and to inspect and alter such improvements from time to time. In the 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.
Grantee further covenants and agrees with Grantor that it shall construct and install all
improvements in a workmanlike manner, and shall maintain reasonable access to Grantor's
appurtenant property at all times during the exercise of rights granted herein.
Grantor warrants and ccovenants 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\WILDER CORP-CLW TWR 2 EAS 032706.doc
Page 10f2
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 are exclusive and shall run with the land, except that in the event Grantee shall
ever discontinue use of adjoining "Station Squ~re Park" as a public park, or transfer ownership of said
public park, then in either event this easement shall terminate and all rights granted herein shall cease
as though they had never been conveyed by Grantor.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this 5~ day of -:Ju ~ ~ , 2006.
WILDER CORPORATION OF DELAWARE,
a Delaware corporation authorized to conduct
business in the State of Florida
By:
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ 'day of ::J u ""'-C! I
2006 by Maurice F. Wilder, as President, Wilder Corporation of Delaware, a Delaware corporation
authorized to conduct business in the State of Florida, who executed the foregoing instrument on behalf
of said corporation, and who acknowledged the execution thereof to be his free act and deed for the
use~ and purp ther;' exp ssed.
., , .
:~ i I
My Commission Expires:
>s-'-i,',_ Mary Carotenuto
..(~,.~--~ Commission #DD325817
:, ~.:;l Expires: Jul16, 2008
'''/'f' . . .i#..,- Bonded Thru
i" II~~ ,'~ \ \ \ Atlantic Bonding Co., Inc.
Type/Print Name
[l..-f1>ersonally Known
[ ] Produced Identification
Type of Identification Produced
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Page 2 of2
II
CONSENT & JOINDER
II
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of the lien of mortgage created in that certain Mortgage & Security Instrument dated
March 4, 2003, as recorded in Official Records Book 12585, Page 612, et ai, as modified on the 10th
day of March 2005 in that certain Mortgage Modification Agreement entered into between Mortgagor
and the undersigned Mortgagee, as recorded in Official Records Book 14310, Page 1753, el ai, public
records of Pinellas County, Florida; does hereby join with Grantor/Mortgagor and consents to the grant
of easement as described in that certain Landscaping and Utilities Easement dated
Ju..""'i .s-~ , 2006 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 instruments as
same may encumber the easement rights as conveyed by Grantor/Mortgagor.
Signed, sealed and delivered
In the presence of:
~~~
itn ss si ture '
Lv.. CI.4 R (!)~ r i '3 11 e .s
Print Witness name
/
WACHOVIA BANK, National Association,
a national banking association
~
By:
Print Name _ ~ hi e .,
Title
STATE OF FLORIDA
: ss
COUNTY OF "-.'\\Shoro~'t'-
The foregoing instrument was acknowledged before me this \~ay of -:Su,~ ,
2006 by L ~" "\ "SClfY\ € S' ,as V{ L ~ r re'~ --en t- of
WACHOVIA BANK, National Association, a national banking association, mortgagee in the above-
described lien, who executed said instrument and acknowledged the exeyution thereof to be h_ free
act and deed for the uses and purposes therein expressed, and who M is ~ersonallv known to me or
who [ ] did provide as identification.
~a/v__JJJf} .) /p~
Notary Public - State 'of Florida
Type/Print Name ,:1\ == 0D337878
\!fj Expires September 12. 2001
My Commission Expires:
C:\DOCUME-1 \CATHY-1.HOR\LOCALS-1\Temp\mwtemp8d4\ws65.tmp
. .
~
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Scale 1"= 30'
EXHIBIT "A"
(Page 1 of 2)
THIS IS NOT A SURVEY!!
LOT 2
CLEARWATER TOWER
Plat Book 1 04, Pages 81 & 82
N88'30' 47"E
65.29'
Point Of Commencement
Southwest Corner Lot 2
Poin t Of Beginning L2
W
>
<(
Z
W N88'30' 47"E
0
cr: 29.29' LINE TABLE
<( LINE LENGTH BEARING
c..? LOT 1 L1 8.89 503"06' 40"W
L2 18.05 N88'47'08"E
L3 8.70 501'30'25"E
L4 16.04 543"20'07"W
LS 1.62 N46'55'02"W
L6 1.57 547"03'1S"E
L7 3.99 543'18' 42"W
L8 1.58 N46'22'44"W
L9 1.67 546'12'04"E
L10 4.00 543'43'34"W
L11 3.57 N46'11'19"W
L12 1.08 N44'04'4S"E
CLEVELAND ST L13 2.08 N46'S7' 48"W
L14 5.70 546'25'56"E
L15 5.20 N47"22'52"W
L16 6.82 543'27'41"W
L17 4.45 N46'43'26"W
L18 11.37 543'14' 31 W
it CITY OF CLEARWATER. FLORIDA L19 16.88 N46'47'21"W
\ . PUBIJC WORKS ADMINISTRATION
..~
ENGINEERING
EXHIBIT" A"
(PAGE 2 OF 2)
COMMENCE AT THE SOUTHWEST CORNER OF lOT #2 OF CLEARWATER TOWER, AS RECORDED IN
PLAT BOOK 104, PAGES 81 AND 82 OF THE PUBLIC RECORDS OF PINEllAS COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID lOT 2 FOR THE FOllOWING FIVE CAllS: (1)
N 88030'47" E, 65.29 FEET; (2) THENCE S46029'13"E, 26.40 FEET; (3) THENCE S03006'40'W, 8.89 FEET;
(4) THENCE N88047'08"E, 18.05 FEET; (5) THENCE S01 030'25"E, 8.70 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE ALONG THE SOUTHERLY BOUNDARY OF SAID lOT 2 FOR THE
FOllOWING 4 CAllS: (1) S01030'25"E, 21.52 FEET; (2) THENCE N88030'47"E, 29.29 FEET; (3) THENCE
N43030'47"E, 39.02 FEET; (4) THENCE N88030'47"E, 45.22 FEET; THENCE N03006'40"E, ALONG THE
EASTERLY BOUNDARY OF lOT #2,64.40 FEET; THENCE lEAVING THE EASTERLY BOUNDARY OF
SAID lOT #2, S43020'OTW, 16.04 FEET; THENCE N46055'02'W, 1.62 FEET; THENCE S43009'55"W, 18.01
FEET; THENCE S47003'15"E, 1.57 FEET; THENCE S43018'42'W, 3.99 FEET; THENCE N46022'44'W, 1.58
FEET; THENCE S43037'58"W, 26.01 FEET; THENCE S46012'04"E, 1.67 FEET; THENCE S43043'34'W, 4.00
FEET; THENCE N46011'19'W, 3.57 FEET; THENCE N44004'45"E, 1.08 FEET; THENCE N46057'48'W, 2.08
FEET; THENCE S43026'28'W, 10.49 FEET; THENCE S46025'56"E, 5.70 FEET; THENCE S43023'25'W,
29.68 FEET; THENCE N4r22'52'W, 5.20 FEET; THENCE S43027'41'W, 6.82 FEET; THENCE N46043'26"W,
4.45 FEET; THENCE S43014'31'W, 11.37 FEET; THENCE N46047'21 'W, 16.88 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINING 2749.46 SQUARE FEET, MORE OR lESS.
~ .'!
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
:ss
BEFORE ME, the undersigned authority, personally appeared Maurice F.
Wilder, as President, Wilder Corporation of Delaware, a Delaware corporation
authorized to conduct business in the State of Florida, whom, being first duly
sworn, does depose and say:
1. That Wilder Corporation of Delaware is the owner of legal and equitable
title to the following described property in Pinellas County, Florida, to wit:
Lot 2, CLEARWA TERTOWER, according to the map or plat thereof as
recorded in Plat Book 104, Pages 81 & 82, Public Records of Pinellas
County, Florida.
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 that those which will be paid during the normal course of
business, except: (list, or if none, insert "NONE")
~~-~
4. That there are no liens or encumbrances of any nature affecting the title of
the property herein described, except easements and restrictions of
record, any encroachments, overlaps or other rights of third parties which
would be shown by a current survey, and:
The encumbrance, lien and obligations imposed by that certain Mortgage
& Security Agreement dated March 4, 2003 given in favor of Wachovia
Bank, National Association, a national banking association (hereafter,
"Wachovia") as recorded in O. R. Book 12585, Page 612, et ai, Public
Records of Pinellas County, Florida, as modified on the 10th day of March
2005 in that certain Mortgage Modification Agreement entered into with
Wachovia, as recorded in O. R. Book 14310, Page 1753, et ai, Public
Records of Pinellas County, Florida.
5. That no written notice has been received for any public hearing regarding
assessments for improvements by any government, and there are no
unpaid assessments against the above described property for
improvements thereto by any government, whether or not said
assessments appear of record.
AFF: Wilder Corp of Delaware 0306. doc
Page 1 of 2
..
6. That there are no outstanding sewer service charges or assessments
payable to any government.
7. That the representations embraced herein have been requested by the
CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon in connection with the granting of a drainage and utility easement
to encumber the above-described property.
Signed, sealed and delivered
In he presence of:
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
WILDER CORPORATION OF DELAWARE,
a Delaware corporation authorized to
conduct b s.ness in the State of Florida
Maurice F.
as its President
The foregoing instrument was acknowledged before me this Dl \ H-day of
-::J\J~ , 2006 by Maurice F. Wilder, as President of Wilder
Corporation of Delaware, a Delaware corporation authorized to conduct business
in the State of Florida, who executed the foregoing instrument on behalf of said
corp ration, and who acknowledged the execution thereof to be his free act and
deed or he use herein expressed.
Type/Print Name
[ ~rsonally Known
[ ] Produced Identification
Type of Identification Produced
AFF: Wilder Corp of Delaware 0306. doc
My Commission Expires:
carotenuto
..~. .; p(,t;~, Mary 'on ~nn325817
,> . .'t>' CotnnUSS1 lI'ULI 08
?;o""'\b::;~ Expires: Jul~ 20
~/ . .. .~~ Bonded. Co lnc.
. ~~~~~~~/ Atlantic Bondmg .,
Page 2 of 2