SUNSET POINT APARTMENTS INCRetum to:
Chuck Lane
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758 -4748
Parcel I. D. No. 02- 29 -15- 10926- 000 -0960
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2014130974 05/08/2014 at 09:44 AM
OFF REC BK: 18395 PG: 878 -881
DocType:EAS RECORDING: $35.50
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, SUNSET POINT
APARTMENTS, INC., a Florida non - profit corporation whose address is 445 31st Street North, St.
Petersburg, Florida 33713 ( "Grantor"), does hereby grant and •convey to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation ( "Grantee "), a non - exclusive, general utility 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 B, BRENTWOOD ESTATES, as recorded in Plat Book 59, Page 28, Public
Records of Pinellas County, Florida, as more particularly described in EXHIBIT "A ",
appended hereto and by this reference made a part hereof (the, "Easement Premises ")
This easement is for construction, installation, maintenance, and reconstruction as
necessary of a fire hydrant, connecting water line and hardware related thereto (the "Facilities).
Grantee shall have full authority to inspect and alter the Facilities from time to time within the
Easement Premises. Grantee shall be solely responsible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall
maintain reasonable access for Grantor, Grantor's invitees and the general public to Grantor's facilities
at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement
Premises and any affected areas surrounding the Easement Premises upon completion of any project
undertaken in the exercise of these rights to at least the same quality of condition that existed prior to
the exercise if such rights. Grantee further represents and warrants that it shall diligently pursue the
completion of all work activities in a timely and workmanlike manner.
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 the non - exclusive, limited purpose quiet and
peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor
reserves 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 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 11 t day of Jtn n-x : ,2014.
Signed, sealed and delivered SUNSET POINT APARTMENTS, INC.
in the presence of:
Print 1 fitness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
By:
, „ , Sit!
Print Name / Title 1
authority, personally appear-d 1' as
of Sunset Point Apartments, c., whom, being duly authorize:, did
execute he foreng instrumen on behalf of said corporation on the aforementioned date, an who
ackn • -dged the ex n thereof to be h 1S free act and deed for the use and purposes herein set
•.:, :awho s personal nown to me, or who [ ] did provide as
f
n.
ii My commission expires
tary Public - State of Florida
l / UBLIC WANQA Q. LEE
NOTARY P • pe /Print Name 'grog STATE OF FLORIDA
Expires 5/31/2018
•
THIS IS NOT A SURVEY.
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC
RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE INSURANCE.
SEC.2 , TWP. 29S., RNG. 15E.
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PART OF THE LOT B, BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59,
PAGE 28 IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF LOT B, BRENTWOOD ESTATES, THENCE ALONG THE WEST LINE
OF SAID LOT B NO0'08'17 "W A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
ALONG SAID WEST LINE N00'08'17 "W A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID WEST LINE
S89'51'43 "E A DISTANCE OF 5.00 FEET; THENCE S00'08'17 "E A DISTANCE OF 15.00 FEET; THENCE
N89'51'43 "W A DISTANCE OF 5.00 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID LOT B AND
POINT OF BEGINNING.
CONTAINING 75 SQUARE FEET. (MORE OR LESS)
NOTES:
1. BEARINGS FOR THIS SKETCH & DESCRIPTION ARE BASED ON THE WEST LINE OF LOT B AS SHOWN ON THE PLAT "BRENTWOOD ESTATES ", AS RECORDED IN
PLAT BOOK 59, PAGE 28, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. HAVING A BEARING OF N00'08'17 "W.
2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED.
3. THIS SKETCH & DESCRIPTION IS BASED ON U.S. SURVEY FEET.
4. THIS LEGAL DESCRIPTION AND 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. THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN
ACCURATE FIELD BOUNDARY SURVEY.
DEUEL •p,ssOC►ATES
CONSULTING ENGINEERS ,_ 'LAND LAND PLANNERS
565 SOUTH HERCULES AVENUE
CLEARWATER. FL 33764
PH 727.822.4151 FAx 727.821.7255
W W W. DEUELENGINEERING.COM
CERTIFICATE OF AUTHORIZATION NUMBER 26320
LICENSED BUSINESS NUMBER 107
THIS DOCUMENT IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
" /CZ 9/20i#
DANA A. LIE , PSM, LS 5874
SKETCH & DESCRIPTION
EASEMENT
PINELLAS FLORIDA
WORK ORDER2011 -9 -4S
DATE: 01/28/2014
DRAWN: SC
SCALE: N/A
SHEET NO. 1 OF 2
Jon 29, 2014 — 4:23pm X: \CAD Projects Projects 2011 2011 -9 BRENTWOOD ESTATES \dwg \2011- 9- 4S.dwg
THIS IS NOT A SURVEY.
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS
PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF
THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT
THE BENEFIT OF A TITLE INSURANCE.
o' 10'
NM NM ON
SCALE: 1" - 10'
POINT OF BEGINNING
KINGS HIGHWAY (P)
SEC. 2, TWP. 29S., RNG. 15E.
SUNSET POINT ROAD (P)
S89'29'42 "E(P) ^135.00' (P)
S89 °5143 E
5.00'
0
0o 0
o�
0
0
(/) CONTAINING 75 SQUARE FEET.
(MORE OR LESS)
�N89 °51'43 "W
5.00'
0
6
N
DO
0
0
0
LINE OF LOT B
POINT OF COMMENCEMENT
SOUTHWEST CORNER
OF LOT B, BRENTWOOD
ESTATES. P.B. 59, PG. 28
LOT B
BRENTWOOD ESTATES,
PLAT BOOK 59, PAGE 28
LEGEND
LB LICENSED BUSINESS
No. NUMBER
O.R OFFICIAL RECORD BOOK
(P) PLAT (P.8. 59, PG. 28)
P8 PLAT BOOK
PG PAGE /PAGES
P08 POINT OF BEGINNING
PSM PROFESSIONAL SURVEYOR
& MAPPER
RNG. RANGE
SEC. SECTION
TWP TOWNSHIP
0/A OVERALL
N89'29'42�(P) 135.00' (P)
..
0
0
O
0
M
NOTES:
1. BEARINGS FOR THIS SKETCH & DESCRIPTION ARE BASED ON THE WEST LINE OF LOT 8 AS SHOWN ON THE PLAT OF "BRENTWOOD ESTATES ", AS RECORDED IN
PLAT BOOK 59, PAGE 28, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. HAVING A BEARING OF N00'08'17 "W.
2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED.
3. THIS SKETCH & DESCRIPTION IS BASED ON U.S. SURVEY FEET.
4. THIS LEGAL DESCRIPTION AND 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. THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN
ACCURATE FIELD BOUNDARY SURVEY.
DEUEL'
S S O G I AT E S 565 SOUTH HERCULE 33764
S 764
CLEAR WATER, FL
PH 727.822.4151 FM 727.821.7255 W W
W .DEU ELENGINEERING.COM
CERTIFICATE OF AUTHORIZATION NUMBER 26320
CONSULTING ENGINEERS ,- LANDSURVEYORS LAND PLANNERS LICENSED BUSINESS NUMBER 107
THIS DOCUMENT IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
,/? �a
8DANA A. W I E PSM , LS 54
PINELLAS
SKETCH Sc DESCRIPTION
EASEMENT
FLORIDA
WORK ORDER 2011-9-4S
DATE: 01/28/2014
DRAWN: SC
SCALE: l''=10'
SHEET NO. 2 OF 2
Jan 29, 2014 — 4:22pm X: CAD Projects Projects 2011 2011 -9 BRENTWOOD ESTATES \dwg \2011- 9- 4S.dwg
\
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS .
BEFORE ME, the undersigned authority, personally appeared
Jack D. Humburg as Asst . Secretary of Sunset Point Apartments,
Inc., whom, being duly authorized by said corporation, does depose and say.
1. That the Sunset Point Apartments, Inc. is the owner of legal and equitable title to
the following described property in Pinellas County, Florida, to wit:
Lot B, BRENTWOOD ESTATES, as recorded in Plat Book 59, Page 28,
Public Records of Pinellas County, Florida
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 that those which will be paid during the normal course of
business, except (list, or if none, insert "NONE ". If no entry, it will be
deemed that "NONE" has been entered.)
4. That there are no liens or encumbrances of any nature affecting the title of the
property herein described, except leasehold tenancies, easements and
restrictions of record, any encroachments, overlaps or other rights of third parties
which would be shown by a current survey, except: (list, or if none, insert
"NONE ". If no entry, it will be deemed that "NONE" has been entered.)
SPP attached Exhibit "A" incorporated
herein by this reference.
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.
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 fire hydrant and utility easement to encumber a
portion of the above - described property.
Signed, sealed and delivered
in the presence of:
SUNSET POINT APARTMENTS, INC.
Bv:
Jack D. Humburg, Asst. Secretary
Print Name / Title
worn to and subscribed b fore me this 18tlaay of March
otary Public - Sta e of Florida
/4-611) -J20/
Type/Print Name
, 2014.
My commission expire
WANDA O. LEE
NOTARY PUBLIC
STATE OF FLORIDA
Commit FF098330
EPes 5/31/2018
EXHIBIT "A"
ENCUMBRANCES OF ANY NATURE AFFECTING TITLE
1. Mortgage between SUNSET POINT APARTMENTS, INC. and the UNITED STATES OF AMERICA,
SECRETARY OF HOUSING AND URBAN DEVELOPMENT, dated June 13, 2013, recorded June 13,
2013, in O.R. Book 18044, Page 818, Public Records of Pinellas County, Florida.
2. Regulatory Agreement between SUNSET POINT APARTMENTS, INC. and the UNITED STATES OF
AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, dated June 13, 2013, recorded
June 13, 2013, in O.R. Book 18044, Page 823, Public Records of Pinellas County, Florida.
3. Use Agreement between SUNSET POINT APARTMENTS, INC. and the UNITED STATES OF
AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, dated June 13, 2013, recorded
June 13, 2013 in O.R. Book 18044, Page 908, Public Records of Pinellas County, Florida.
4. 1UCC -1 Financing Statement between SUNSET POINT APARTMENTS, INC., Debtor, and UNITED
STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Secured Party,
recorded June 13, 2013 in O.R. Book 18044, Page 912, Public Records of Pinellas County,
Florida.
5. NSP3 Mortgage between SUNSET POINT APARTMENTS, INC. and THE CITY OF CLEARWATER,
FLORIDA, dated June 13, 2013, recorded June 13, 2013 in O.R. Book 18044, Page 917, Public
Records of Pinellas County, Florida, in the original principal amount of $346,451.00.
6. NSP3 Regulatory Agreement between SUNSET POINT APARTMENTS, INC. and THE CITY OF
CLEARWATER, FLORIDA, dated June 13, 2013, recorded June 13, 2013 in O.R. Book 18044, Page
931, Public Records of Pinellas County, Florida.
7. NSP3 Declaration of Restrictive Covenants between SUNSET POINT APARTMENTS, INC. and THE
CITY OF CLEARWATER, FLORIDA, dated June 13, 2013, recorded June 13, 2013 in O.R. Book
18044, Page 949, Public Records of Pinellas County, Florida.
8. Ten foot (10') drainage and utility easement on the southerly property line and ten foot (10')
drainage and utility easement running North and South between Lots B and C, all shown on the
Plat of Bentwood Estates, recorded in Plat Book 59, Page 28, Public Records of Pinellas County.
9. Declaration of Unity of Title recorded March 20, 2012 in O.R. Book 17523, Page 989, Public
Records of Pinellas County, Florida.