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COUNTRYSIDE COUNTRY CLUB INC Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006359188 09/28/2006 at 10:09 AM OFF REC BK: 15389 PG: 2353-2359 DocType:EAS RECORDING: $61.00 Parcell. D. No. 20-28-16-00000-310-0100 II RECLAIMED WATER MAIN & UTILITY EASEMENT II 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, COUNTRYSIDE COUNTRY CLUB, INC., a Florida corporation 3030 LBJ Freeway, Dallas, Texas 75234 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (the "City" or "Grantee"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A reclaimed water main and utilities easement to encumber a portion of the Northwest % of the Southeast % of Section 20, Township 28 South, Range 16 East, being more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Containing 6,066.63 square feet, more or less (the "Easement Premises") This easement is for reclaimed water utility installation and maintenance. The City shall have the right to enter upon the above-described premises and to construct, install and maintain thereupon reclaimed water lines and facilities as depicted in record drawings, Sheets No. C3A and C5, Countryside Country Club Golf Course Site Layout - Reclaimed Water Remote Lakes Control Valves, "Issued For Bid", and to inspect and alter and maintain such reclaimed water lines and facilities from time to time. Grantee, at its sole costs and expense, shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee's use of the Temporary Construction Easement being conveyed herewith as depicted in EXHIBIT "A" shall be limited to maximum of 120 days following commencement of construction, or to completion of construction, whichever shall occur sooner. The Easement Premises shall be used only for the above- described purposes. The City covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's facilities at all times during the exercise of rights granted herein, and that it, at its sole cost and expense, shall promptly restore the Easement Premises to a condition as near as practicable upon completion of any project undertaken in the exercise of these rights. The City will promptly remove and properly dispose of trash and debris on the Easement Premises attributable to the City's use of the Easement Premises. C:\temp\notes8AB9C4\-6616912.doc Page 1 of 4 The City shall not permit any lien to be filed or otherwise imposed on any part of the Easement Premises. If any such lien is filed, the City shall cause such lien to be released and discharged within ten days after filing. The City shall indemnify, defend and hold harmless Grantor from any such lien if such lien is related to or arises from Grantee's use of the Easement Premises. The City's obligations under this paragraph shall survive any termination of this agreement. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described Easement Premises, 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. This easement grant shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their successors or assigns. This rights and privileges granted herein, and the obligations to be fulfilled in the operation hereof, shall be perpetual and irrevocable except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. It is expressly understood and agreed that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein, including the grant of additional rights not in conflict with the rights granted herein. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and (a) hand delivered or (b) sent by certified mail, return receipt requested, postage prepaid, addressed as shown below, or to such other address as the party concerned may substitute by written notice to the other. All notices hand delivered shall be deemed received on the date of delivery. All notices forwarded by mail shall be deemed received on a date three days (excluding Sundays and holidays) immediately following the date of deposit in the U. S. mail; provided, however, the return receipt indicating the date upon which all notices were received shall be prima facie evidence that such notices were received on the date on the return receipt. If to Grantor: Countryside Country Club, Inc. 3001 Countryside Boulevard Clearwater, Florida 34621 Attention: Manager With a copy to: Countryside Country Club, Inc. P. O. Box 819012 Dallas, Texas 75381-9012 If to Grantee: City of Clearwater Engineering Department P. O. Box 4748 Clearwater, Florida 33758-4748 Attention: Director of Engineering With a copy to: City Attorney City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 C:\temp\notes8AB9C4\-6616912.doc Page 2 of 4 The addresses and addressees may be changed by giving notice of such change in the manner provided herein for giving notice. Unless and until such written notice is received, the last address and addressee given shall be deemed to continue in effect for such purposes. No notice to either party hereto shall be deemed given or received unless the entity noted "With a copy to" is simultaneously delivered notice in the same manner as any notice given to either party hereto. This agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force and effect except a subsequent modification in writing, signed by the party to be charged. Signed, sealed and delivered in r!resence Of:~ ~tltuA+ I ;:j u..J~ S DN Print ness Name ~~~~ 1>(,1 \, l'\ _ C. ~jc,... -' +-c.-- Print Witness Name IN WITNESS WHEREOF, the Grantor has caused thes~resents to be executed in its name by its undersigned duly authorized officer this ~ l\~ day of \.~~ , 2006. o COUNTRYSIDE COUNTRY CLUB, INC., a Florida corporation BY:~ Print Nam .::J( _ . ~ '" Title V.c. f. s ~ STATE OF TEXAS COUNTY OF ~LLf\S The foregoing instrument was acknowle~ed ~fore me this d/.cf day of ::rLL\.\A , 2006 by .Jca..cU. ~ as Vic.~ fl\i~ idU'l+ of COUNTRYSIDE COUNTRY CLUB, INC. a Florida corporation, whom, being duly authorized, executed the foregoing instrument on behalf of said corporation and who acknowledged the execution thereof to be h i c:. free act and deed for the use and purposes therein set forth. : ss My commission expires: J><J Personally Known [ ] Produced Identification Type of Identification Produced !lo'''~~'~'::''~ $~~" ..~,.. i~l ..~~ i).. ..~i '-:-1;;\\>* ~""",' JAN THOMAS Notary Public. State of TeXlI My Commission Expires August 14. 2007 C:\temp\notes8AB9C4\-6616912.doc Page 3 of4 :SS Countersigned: ~,-e'~~~~ Frank V:11ibbard, Mayor STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this . I r day of 2006 by Frank V. Hibbard, as Mayor of the CITY OF CLEARWATER, FLORID , a Florida Municipal Corporation, whom, being duly authorized, 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 pur oses therein set forth, and who is personally known to me. ~- Notary Public - State of Florida 3,af)e. t. H<<"nl Type/Print Name My commission expires: ~~y ~ DIANE E MANNI 1M MY COMMISSION # DD526033 ~~..i EXPIRES: Mar. 6,2010 "(If~ (407) ~153 F10ridll No\8IY Servlce.com STATE OF FLORIDA : SS COUNTY OF P.INELLAS :~. .~ C- -L... "'-_ ~ o _ - . ~,....o" ~,. I. I' v..A ~'"' ::x:.", Q> I - J . The foregoing instrument was acknowledged before me this day of ~~k.r', 2006 by .. . " City Manager of the CITY OF CLEARWATER, FLO IDA, a Florida Municipal Corporation, whom, being duly authorized, 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 purposes therein set forth, and who is personally known to me. My commission expires: Notary Public - State of Florida ~"'- Type/Print Name ~;'J'-' ({~~ SANDRA HARRIGER . MY COMMISSION # DD 278716 EXPIRES: January 4, 2008 Bonded Thru Notary PtJbIIc UndetWriters Page 4 of 4 ,~ EXHIBIT "A" ~ IN!J@~ Not to Scale THIS IS NOT A SURVEY!! COUNTRYSIDE \ \ \ I I I / I Tem oror Construction Easement: Q) c ~ "0 C CO > .c o .c ::;;;" <( '" .... N c; ---- -;. flot'" -- '5-( I ~---~~ ~'!>,':=--- I r ~ c ~O.69 I \ r--- ,0"" ~ ~o , '~'. "" /-' \"" '" ". "0 /;)( \~I!\ tO~1:=""i~ / 0-;)\ \ \\~\I'" Jl sto,m O'ot. ~ (Co/'<\, \ \ ~ll grate 8796 o / <'" \ \ \ \01 II '",18:"p.08610 ~~ k ~"/ \ \ I \ :"11/1O''''130mpWB658 9 . 0., \ \ I t t N '-' d I I I \), . ..",,~ I v ~~._~ f%.,," \ \ li"J0'l1-::=::=~ . ::;:- \ \ _ -- ::'-t-- x-..o\\ ~ "- -V:=-::=::=:;9-=-';''-;.V/J.-- ~,;,>. - II S,~ / '011'.... ~I - 7\.29,/ C ~~/U\l't\J R Y // ('6'/,...... __ ~8H. ~/ /' \ /)i'i1i('2" _:,,"L _./' ~ '" 1;<<5> '//vl)/ II '" ~ / /" 0 ",,-:f/ / / / ,---- { ->~ L I / / ---- ..--\ \ -::;:,;..-' - ( /----r- \ \ / ~ / \ I,~~ ~/ / '1.- I \\!l , \ OGranite I ~ N~ ": ~ / Mock" I !: -;. '. /' /' t" ,?O /' /' \ 8' &1 ~ d~" . //~Q'<"// ", f<'/ ;~~ \ ./,// '.......,/ U'.lCP. ,/ ~ " \ \ 1\ ..- --~-~ ," --=-- ~ (0 <:> <:> '" N ~ c; s: "0 ci C; (0 <:> <:> '" C, s: :9 <:> C; :g <:> '" Q) la w I III .3 -' (5 Cl ~' 0- 'c "0 o 0::: , :2 <J I 6 I <:> C; (0 8 ~ J!l III "e- o.. (0' 8 ~ tJ) Cl z ~ o i5 () o I- :::l ~ .~ ':!,! Uj Temporary Construction Easement ..---- . (0"",'0' ~A N D \.1\\\\\ 'l ______ , 0'0'000'" ..---- ,0 ..---- ..---- CITY OF CLEARWATER, FLORIDA PUBUC WORKS ADMINISTRATION ENGINEERING ,2:-r~.w~::::.:: -~. .~. -::-==- LEGAL DESCRIP1l0N: "COUNTRYSIDE COUNTRY CLUB UllUTY EASEMENT" That port of thi NW 1/4 of the SE 1/4 of Section 20, Township 28 South, Range 16 East, being more particularly described os follows: Commence at the Northeast comer of Lot 71 of LANDMARK WOODS, 2nd ADDI1l0N, os recorded In plot book 77, page 29 of the public records of Plnellas County; thence olong the north property line continue S73'OO'OO"W, 122.59 feet to the POINT OF BEGINNING; thence continue S73'OO'OO"W along the property line, 36.98 feet; thence N14"04'58"W, 137.65 feet; thence N44'06'27"W, 4.49 feet; thence S79"46'15"W, 71.29 feet; thence N08"23'28"W, 60.00 feet; thence N79"22'35"E, 70.69 feet; thence S08'13'27"E, 42.20 feet; thence S44'06'27"E, 22.25; thence S14'04'58"E, 128.92 feet; thence N73'48'43"E, 26.88 feet; thence S14"28'50"E, 10.51 feet to the POINT OF BEGINNING. Containing 6066.63 square feet, more or less. NE CORNER lOT 71 C L U B 'l1!'tl S7'!>"()O e,9 ____ \22. ---- ..---- ..---- ..---- ..---- ,\ WOO D S 2 N D ADDITION 7 7 2 9 ~I ~I i l&l ~ > It: C ~ It: < :::l! C Z < -.J . <<( U> ~~ ( lIB : ai I I il ! ! Iii I .p -I I !I ! !i 5 ., .... I f' _..--- .-..---..- ..-..--- .---.." \, ___________"ilii"'"""....awi._._~~~.a llIM.flaNV, .---J- :z o .... c c < Ol N .. ('" , .. ~ J& ~~ 0 ~ 0 U 1- 0 6- 1- ) 0 V .!' ~ ) " 6- ~ " C I Z N .... .... , ... ... ... , I ~ "; JI 52; i J ~!i II:"~!I:IIIIIIIIII; il I ~I 1IIIIIIii iiii1i'l I :1-1 II! I 112;;~11;111 ! '9u i !;I~ i ' I I~ ~!!I I;!~illllilillill~ I. I ~ II- I .Ii I I lig;5"i1I. I ~.~~~!~~~~~!~:~~ ~ ~ I ~.Ia ~I:i I ~~ ~'. " I.. ~~ ~ iil i ~ ~ II. "" i II I II ~ I 6~S ~~~~ III~ I I I~:I ~ ~ i ~ :z; ..~ !~ i~ PI~"..;! ~~U: ~~~pji ra.i 8j OtJ -0 t::l tl~ . . I I I I I i I ! I II I i " . II I Wd "Z:~Z:~900W9 .UnO,(81.DMO.~€~OZ660-e€OO\8BuIMBJO-09\~€~0\Z660\:5 " CI ~ " ~ @) .0-< .~ S i I~i 1 ~ l I I i ~ I Ii ~ II ~ ~ I ~ , i,a ...... I: I I . ~ . . . 17 "" !~ II ~! I ~"II SI ! II IS I I.~ li I ISp! i ;! SH~L!.!P!i~ ii I ! B ~ Ld I g ~ I ~ ; I ; ~ - ~ · .1- ~ ~ I' y ;h~~~~Ln ~I,-~,-nn J,:" ~I' o """""',,""" 1l1l1lilllillllllllll!n~ ;, II I ~~<!>~iilll ~ ~ ~ ~; ; ; gj ei L I II ; i II I I 3 ~~ .. IIII!;I: I SI ;III~ I J 5Y.tUil ': ;' ; II ~ ~ ~ I! ; ! ;; J ! ~ I ~~lI:~ ,,1. . ;lIs II.... .... .. ...... .... I >~~ ee~e~~1_U@ J ;Iii ~ F~ IS! l!i z ~ +~ - I ~ ;: ~ I I II ~ ;; I .1 ..J t ~ e .0-< .0-.< ~ % . Ii .. .0-. I I m:, ~ Ii ~ i " I~ .. ~I~ ~ .~ !!i ~~hi ~I~;I Ou u a~ '" ~ ~ I II I ~ !l I 11 I . i I I ! ,i I! I I I II I I'jd ZO:6~:~ Il()()l:IZIl; 'so 'ElMa'~€~O~660-S00\.6uIMBJa-09\1€\0\Z660\:E AFFIDAVIT OF NO LIENS STATE OF TEXAS COUNTY OF j)v:\ LLA $ D BEFORE ME, the undersigned authority, personally appeared ~, as V \C, t... \ItLS\ ill'^-+- , of Countryside Country Club, Inc., a Florida corporation, whom, being first duly sworn, does depose and say to the best of its knowledge and belief: : ss 1. That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion of the Northwest Y4 of the Southeast % of Section 20, Township 28 South, Range 16 East, Pinellas County, Florida, being more specifically described and depicted in EXHIBIT "A" appended hereto and made a part hereof. 2. tenants. That said property is now in the possession of the record owner, subject to rights of 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: ( insert "NONE" if applicable, or describe) 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, except: (insert "NONE" if applicable, or describe) 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 is no outstanding sewer service charges or assessments payable to any government. \ \ TXDALF I LEO 1 \DFSROOT\DEP ARTMENTS\Legal\WPSHARED\Countryside 1 03\GE N E RAL. O\Affidavitreclaimed .doc 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. Signed, sealed and delivered I n the presence of: Qurfw (J,~ WIT~nature /I c5 ud-4- ti f MtfY.. Print Witness.o.gpne ~A~L~~) ~~ signature JxJobvvL. BIJ~Lk7 ~ Print Witness name COUNTRYSIDE COUNTRY CLUB, INC., a Florida corporation By _ ~~~/ Print Name ~ . Tille If :LL \'l/..U\ l"'-:I: ~ ~ ,2006. Sworn to and subscribed before me thi~~ day of o ry Public - State of Texas ::J~ Thb)Y'(l ~ Type/Print Name ~~~~~m1;;.~ ~-.. , - : i ,~. ,'~ ",":I;O;;~> "'III'~ Expires JA H , NotIry PUbUCi Stew of TeXl8 My Comm IIlon Expires August 14, 2007 J :ILegalIW PSHAREDlCounlryside 1 03lGENERAL.OlAffidavilreclaimed .doc \ \ TXDALF I LEO 1 \DFSROOT\DEP ARTMENTS\Legal\WPSHARE D\Countryside 1 03\GENE RAL. O\Affidavitreclaimed .doc EXHIBIT "A" ~ ~ Not to Scale THIS IS NOT A SURVEY!! COUNTRYSIDE \ \ \ I I J I J I I Tem orar Construction Eosement - Q) c:: >- ::> '0 c:: <0 > .ci .8 ::!- Y <C '" ..... ~ o ~ o ~ ~ c; ~ '0 ~ ~8~ ~ o ~ C) ~ :9 o C; <0 o o '" a; ~ Temporer Construction Easement W, Q) l!! .3 -' ~, Q) ::> cr -c:: '0 o <>=, :2 U, :2 U , ~ ~ g .-VA N D ~ .l'3 fll -e- o.. <0' ~ ------ (I) Cl z ~.. CITY OF CLEARWATER, FLORIDA ~ ~; PUBUC WORKS ADMINISTRATION ~ W ENGINEERING => ~ c:: -", <: I,!! cij '2=-{~ViI~'-~' ~-:..=- LEGAL DESCRIP11ON: .COUNTRYSIDE COUNTRY CLUB U11UTY EASEMENT" That port of the NW 1/4 of the SE 1/4 of Section 20, Township 28 South, Range 16 East, being more porticularly described os follows: Commence at the Northeast comer of Lot 71 of LANDMARK WOODS, 2nd ADDI110N, os recorded In plot book 77, page 29 of the public records of Plnellos County; thence along the north property line continue S73'OO'OO.W, 122.59 feet to the POINT OF BEGINNING: thence continue S73'OO'OO.W along the property line, 36.98 feet: thence N14'04'58"W, 137.65 feet; thence N44'06'27"W, 4.49 feet; thence S79'46'15"W, 71.29 feet; thence N08'23'28"W, 60.00 feet; thence N79'22'35"E, 70.69 feet; thence S0813'27"E, 42.20 feet; thence S44'06'27"E, 22.25: thence 514'04'58"E, 128.92 feet; thence N73'48'43"E, 26.88 feet; thence 514'28'5O"E, 10.51 feet to the POINT OF BEGINNING. Containing 6066.63 square feet, more or less. NE CORNER LOT 71 C L U B ------ ------ ------ l' WOO D S 2 N D ADDITION 7 7 2 9 ~I ~I i I&l ;> > It: 0 :Ie It: -< :::l! o Z -< -J COUNTRYSIDE COUNTRY CLUB, INC. MINUTES OF THE 2006 ANNUAL MEETING OF THE DIRECTORS March 21, 2006 All of the members of the Board of Directors of the Corporation were gathered in person at 3030 LBJ Freeway, Dallas, Texas on March 21, 2006 to elect the following Officers. Thomas T. Henslee presided as Secretary of the meeting. The Board of Directors of Countryside Country Club, Inc., a Florida corporation (the "Corporation") accepted the resignations of all of the officers of the Corporation. The Board of Directors unanimously consented to elect the following officers to serve until the next annual meeting or until their successors are elected and shall qualify: President - Douglas T. Howe Vice President - Jack T. Lupton Vice President - Thomas 1. Tripoli Vice President - Don Rucker Secretary - Thomas T. Henslee Treasurer - Michael Kevin Power Assistant Treasurer - Cory Hoffman The Board then decided that Don Rucker, Thomas 1. Tripoli and Cory Hoffman will have no liquor license authority on behalf of the Corporation. This action was taken pursuant to the Florida General Corporation Law and By-Laws of the Corporation, and shall be inserted by the Secretary in the Minute Book of the Corporation. There being no further business to come before the Board, upon motion duly made, seconded and carried, the meeting was adjourned. Dated and effective as of March 21, 2006. ~~~ 1:\I..epI\WPSHAREO'ICC-USAlOO'OlkPORATE.12\MINUTES\2006 Mlnutes\OolfCIubs\Dlreaors\Co..Q)'lklc 1006 DiRclor mia.doc