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PETER B. FORRET, TRUSTEE OF THE SANDAKER IRREVOCABLE QUALIFIED DOMESTIC TRUST AGREEMENT Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006295515 08/0812006 at 05:08 PM OFF REC BK: 15292 PG: 2200-2203 DocType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 RE: Parcel No. 03-29-15-88092-000-0100 Parcel No. 03-29-15-91044-000-0010 WATER MAIN & UTILITY EASEME FOR AND IN CONSIDERATION of the sum of Ten &-nNo/100---Dollars ($10.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, Peter B. Forret, Trustee of the Sandaker Irrevocable Qualified Domestic Trust Agreement dated January 10, 2005 c/o Bollenback & Forret, P. A., 1000 Pinellas St., Clearwater, FI. 33756-3433 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), 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 10- foot wide water main and utilitv easement over, under and across a portion of Section 3, Township 29 South, Range 15 East being more particularly described and depicted in EXHIBIT "A" appended hereto. · (This instrument is being recorded to correct and restate the legal description contained in that certain Water Main & Utility Easement conveyed by Grantor on June 6, 2005 as recorded in O. R. Book 14485, Pages 2610-2613, public records of Pinel/as County, Florida) The CITY OF CLEARWATER, FLORIDA, shall have the right to construct and install a twenty- inch (20') diameter subterranean and subaqueous water main utilizing directional bore technology, and to inspect, alter or replace such water main from time to time as conditions may require. Grantee covenants with Grantor that all work activities conducted pursuant to rights granted herein shall be limited to below grade; and in the event Grantee, its employees, contractors or agents, shall disturb or damage Grantor's property, including, but not limited to improvements constructed thereon, in the exercise of rights granted herein, then Grantee shall in every such instance restore all physical impacts to equal or better condition as existed prior to the exercise of such rights. Grantor warrants and covenants with Grantee that Grantor 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 ownership of the easement premises not inconsistent with the easement rights granted herein. U:\Easements\SANDAKER WM & UTIL EAS (rev) 0406.doc -:../ ". This easement is binding upon the Grantor, the Grantee, their heirs, 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 27th day of June , 2006. Signed, sealed and delivered in the presence of: ~W~ Wif'NESS signature Fred J. "HIder Print Witness Name ~~~ =\:(. \?-CL~~ WITNESS signature Brenda K. Peters Print Witness Name -J"MA? J-Il..I- Peter B. For STATE OF FLORIDA :SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 27th day of June , 2006 by Peter B. Forret, as Trustee of the Sandaker Irrevocable Qualified Domestic Trust Agreement dated January 10, 2005, who executed the foregoing instrument and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and who [X ] is personally known to me.~~xm:t.pmolliElH 1Is:~:mrx. b~~. ~~ Notary Public - State of Florida Brenda K. Peters Type/Print Name My Commission Expires: "',>!\~'f~ Brenda K Peters {!'-J;;.\;; MY COMMISSION # 00162038 EXPIRES ~.~~~l February 15,2007 .!'fRf:~~"" BONDED THRU TROY FAIN INSURANCE. INC. U:\Easements\SANDAKER WM & UTIL EAS (rev) 0406.doc 2 SKETCH OF DESCRIPTION SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST I -L_ LOT 9 I I I LOT 10 I LOT 11 -L __ J__ I I I 1 LOT 12 - SUNSET POINT SUBDIVISION REPLA T - ---- PLAT BOOK 4 - PAGE 56 SUNSET POINT ROAD s:SOUTHERLY RjW LINE OF SUNSET POINT ROAD -r - LOT 9 POINT OF COMMENCEMENT -~T I I ~~ >-z ~:s I aa Zw ::><-'J a a::: .wl aJ~ >-aJ N -l::> a::: en w 1-1- enz ~~ w I- a::: ::> c... c... <{ POINT OF BEGINNING N 87"53'15" W 97.61' 1- _ LOT 11 l_ LOT 12 SOUTHERLY BOUNDARY OF THE NW 1/4 OF SECTION 3-29-15 "- ~ tr~ ~Ii t;t3 4.0~ c:f;:) '$ APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION (DEED BOOK "s" - PAGE 96) AND RECORDED IN OFFICIAL RECORDS BOOK 14054 - PAGE 887 AND IDENTIFIED BY THE PINELLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010 N l' / L-1 L-2 LINE DATA S 87"53'15" E N 00'36'12" E 11.05' 22.24' W -l <{ (.) en ~ I- a z 1365 Hamlet Avenue Clearwater, Florida, 33756 Phone: (727)442-7196, Fax: (727)461-3827 Certificate of Authorization No. LB6566 Internet Site: http://www.mckimcreed.com 1 Q-FOOT WIDE UTILITY EASEMENT NOT A SURVEY RE1olSlONS DATE: MCE PROJ. /I DRAWN CHECKED F.B. 50 PG. 43-55 SHEET 1 OF 2 04/26/06 0992-0136 W.O. W.O. 1 REWa! EASEllENT GEllIIrnlV 04 26 .... SKETCH OF DESCRIPTION SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST LEGAL DESCRIPTION - 10-FOOT WIDE UTILITY EASEMENT A PARCEL OF LAND LYING WITHIN A PORTION OF LOT 10 OF SUNSET POINT SUBDIVISION REPLAT, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 56 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND THOSE CERTAIN APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN DEED BOOK "s" - PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, SAID APPURTENANT SUBMERGED LANDS BEING DESCRIBED IN OFFICIAL RECORDS BOOK 14054, PAGE 887 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND IDENTIFIED BY THE PINELLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A POINT MARKING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET POINT ROAD AND THE EASTERLY BOUNDARY OF LOT 11 OF SUNSET POINT SUBDIVISION REPLA T, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 56 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND RUN THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, NORTH 87"53'15" WEST, A DISTANCE OF 97.61 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 27"19'42" WEST, A DISTANCE OF 161.55 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF THOSE CERTAIN APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN DEED BOOK .S. - PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, SAID APPURTENANT SUBMERGED LANDS BEING DESCRIBED IN OFFICIAL RECORDS BOOK 14054, PAGE 887 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND IDENTIFIED BY THE PINELLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010; THENCE ALONG SAID WESTERLY BOUNDARY, NORTH 00'36'12" EAST, A DISTANCE OF 22.24 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY, NORTH 27"19'42" EAST, A DISTANCE OF 136.98 FEET TO A POINT OF INTERSECTION WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF SUNSET POINT ROAD; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 87"53'15" EAST, A DISTANCE OF 11.05 FEET TO THE POINT OF BEGINNING. CONTAINING 1,492.62 SQUARE FEET OR 0.034 ACRES OF LAND, MORE OR LESS. GENERAL NOTES: WATER LINE LOCATION DETERMINED FROM INFORMATION PROVIDED BY A & L UNDERGROUND, INC. UTILITY EASEMENT LIES 5.00 FEET ON EACH SIDE OF THE WATER LINE LOCATION. THIS DRAWING REPRESENTS A SKETCH OF DESCRIPTION AND IS NOT A BOUNDARY SURVEY. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED INFORMA TION. THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY THE UNDERSIGNED SURVEYOR AND MAPPER. ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO AN ASSUMED DATUM. REFERENCE BEARING FOR THIS SKETCH IS THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET POINT ROAD, WHICH HAS AN ASSUMED BEARING OF NORTH 87"53'15" WEST. ':" "t TH1~\'SKtTCH CONSISTS OF TWO (2) SHEETS AND EACH SHEET IS INCOMPLETE WITHOUT THE OTHER. ;1(~:lJ .. ~,lJ. ,"'''' ~ ....., '" , f .!;"R~pU.Y;~O~N MONUM NTATION WAS NOT SET IN ASSOCIATION WITH THE PREPARATION OF THIS SKETCH. I':~., ..,..,,, ~ ;;: ;(,'J ", ,.r, " ~. " J..' '., ~Lr.JAM. . " PR'oF'ESSIONAL .SLJRVE:YOR & MAPPER FLORIDA CERTIFICAtE NO. 5493 UNLESS THIS SKETCH BEARS THE ORIGINAL SIGNATURE AND EMBOSSED RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER STATED ABOVE, THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 1365 Hamlet Avenue Clearwater, Florida, 33756 Phone: (727)442-7196, Fax: (727)461-3827 Certificate of Authorization No. LB6566 Internet Site: http://www.mckimcreed.com 1 Q-FOOT WIDE UTILITY EASEMENT NOT A SURVEY RE1olSIOlS DAlE: MCE PROJ. IJ DRAWN CHECKED F.B.5O- PG.43-55 SHEET 2 OF 2 04/26/06 0992-0136 W.O. W.O. ..... AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Peter B. Forret, as Trustee of the Sandaker Irrevocable Qualified Domestic Trust Agreement dated January 10,2005, whom, being first duly sworn, does depose and say: 1. That said trust is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion of Section 3, Township 29 South, Range 15 East being more particularly described and depicted in EXHIBIT "A" appended 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 said property, except: (if none, enter "NONE") None 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: (if none, enter "NONE") None 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. . . ./'# . Page 2 - Affidavit of No Liens Sandaker Irrevocable Qualified Domestic Trust RE: Water Main & Utility Easement in 03-29-15 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. ~tYp.< WI NES Signature Fred J. Hilder WITNESS Printed Name -b~~)n -\(. ~~ WITNESS Signature Brenda K. Peters WITNESS Printed Name p ei;:, 6. ~f f__f~ Peter B. Ferre(, Trustee Sworn to and subscribed to before me this 27th day of 2006. ~=\(. ~~s. Notary Public - State of Florida Brenda K. Peters PrinVType Name June ,,';.-:;"~rU:.", Brenda K Peters ~~., .~.\ MY COMMISSION # 00162038 EXPIRES ... ~ . ... CemmiS9tO~1~~~~ <. l . ~ , SKETCH OF DESCRIPTION SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST I --L LOT 9 I I I LOT 10 I LOT 11 -L J__ I I I 1 LOT 12 - SUNSET POINT SUBDIVISION REPLA T - ---- PLAT BOOK 4 - PAGE 56 SUNSET POINT ROAD ~SOUTHERL Y R/W LINE OF SUNSET POINT ROAD r- - LOT 9 POINT OF COMMENCEMENT ~ .;) / POINT OF BEGINNING N 87"53'15" W 97.61' --L-T I I ~~ rZ ~:) I ClCl ZW ::JC> o 0:: .wl CD~ rCD N ....J::J O::CIl W t-t- CIlZ ~~ W t- o:: ::J a... a... <( 1_ _ LOT 11 L_ LOT 12 SOUTHERLY BOUNDARY OF THE NW 1/4 OF SECTION 3-29-15 J.... ~ ir$ ~;;r s-t3 4.0~ c:1'::; ...g APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEYS SUBDIVISION (DEED BOOK "s" - PAGE 96) AND RECORDED IN OFFICIAL RECORDS BOOK 14054 - PAGE 887 AND IDENTIFIED BY THE PINELLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010 N W ....J <( U CIl L-1 L-2 LINE DATA S 87'53'15" E N 00.36'12" E 11.05' 22.24' ~ ~lVH<IM&CREED -- 1365 Hamlet Avenue Clearwater, Florida, 33756 Phone: (727)442-7196, Fax: (727)461-3827 Certificate of Authorization No. LB6566 Internet Site: http://www.mckimcreed.com 1 Q-FOOT WIDE UTILITY EASEMENT NOT A SURVEY RE1olSlONS DATE: MCE PROJ. II DRAWN CHECKED F.B. 50 PG. 43-55 SHEET 1 OF 2 004/26/06 0992-0136 W.O. W.O. 1 AE\lStD EASOIENT GEOIIETRY 04 ~,,-r'" '~. ~ SKETCH OF DESCRIPTION SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST LEGAL DESCRIPTION - 10-FOOT WIDE UTILITY EASEMENT A PARCEL OF LAND LYING WITHIN A PORTION OF LOT 10 OF SUNSET POINT SUBDIVISION REPLAT, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 56 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND THOSE CERTAIN APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN DEED BOOK "S" - PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, SAID APPURTENANT SUBMERGED LANDS BEING DESCRIBED IN OFFICIAL RECORDS BOOK 14054, PAGE 887 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND IDENTIFIED BY THE PINELLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A POINT MARKING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET POINT ROAD AND THE EASTERLY BOUNDARY OF LOT 11 OF SUNSET POINT SUBDIVISION REPLA T, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 56 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND RUN THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, NORTH 87"53'15" WEST, A DISTANCE OF 97.61 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 27'19'42" WEST, A DISTANCE OF 161.55 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF THOSE CERTAIN APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION, ACCORDING TO A MAP OR PLAT THEREOF, AS RECORDED IN DEED BOOK "S" - PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, SAID APPURTENANT SUBMERGED LANDS BEING DESCRIBED IN OFFICIAL RECORDS BOOK 14054, PAGE 887 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND IDENTIFIED BY THE PINELLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010; THENCE ALONG SAID WESTERLY BOUNDARY, NORTH 00'36'12" EAST, A DISTANCE OF 22.24 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY, NORTH 27"19'42" EAST, A DISTANCE OF 136.98 FEET TO A POINT OF INTERSECTION WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF SUNSET POINT ROAD; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 87"53'15" EAST, A DISTANCE OF 11.05 FEET TO THE POINT OF BEGINNING. CONTAINING 1,492.62 SQUARE FEET OR 0.034 ACRES OF LAND, MORE OR LESS. GENERAL NOTES: WA TER LINE LOCATION DETERMINED FROM INFORMATION PROVIDED BY A & L UNDERGROUND, INC. UTILITY EASEMENT LIES 5.00 FEET ON EACH SIDE OF THE WATER LINE LOCATION. THIS DRAWING REPRESENTS A SKETCH OF DESCRIPTION AND IS NOT A BOUNDARY SURVEY. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED INFORMA TION. THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY THE UNDERSIGNED SURVEYOR AND MAPPER. ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO AN ASSUMED DATUM. REFERENCE BEARING FOR THIS SKETCH IS THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET POINT ROAD, WHICH HAS AN ASSUMED BEARING OF NORTH 87"53'15" WEST. THIS SKETCH CONSISTS OF TWO (2) SHEETS AND EACH SHEET IS INCOMPLETE WITHOUT THE OTHER. PRO~~:S NOT ~~_ASSOCIATION WITH THE PREPARATION OF THIS SKETCH. WILLIAM R. DEES PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 5493 UNLESS THIS SKETCH BEARS THE ORIGINAL SIGNATURE AND EMBOSSED RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER STATED ABOVE, THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. :6 ~rvR<IM&CREED --- 1 Q-FOOT WIDE UTILITY EASEMENT NOT A SURVEY 04/26/06 0992-0136 W.O. W.O. DAlE: !.lCE PROJ. /I DRAWN CHECKED F.B.5O- PG.43-55 SHEET 2 OF 2 1365 Hamlet Avenue Clearwater, Florida, 33756 Phone: (727)442-7196. Fox: (727)461-3827 Certificate of Authorization No. LB6566 Internet Site: http://www.mckimcreed.com RN9llNS