400 CLEVELAND LLCReturn to:
Jim Benwell
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758 -4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2016109910 04/14/2016 at 09:37 AM
OFF REC BK: 19153 PG: 2027 -2031
DocType:EASEMENT RECORDING: $44.00
D DOC STAMP: $0.70
Parcel I. D. No. 16- 29 -15- 23814- 000 -0010
GENERAL 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, 400 CLEVELAND, LLC, a Florida limited
liability company whose principal address is 400 Cleveland Street, Clearwater, Florida 33755 ("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:
As more particularly described and depicted in EXHIBIT "A" appended hereto and by this
reference made a part hereof (the "Easement Premises ")
This easement is for any and all underground public utilities installation, repair and maintenance
only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above - described Easement
Premises to construct, install, repair and maintain therein any and all public utilities provided by Grantee, and to
inspect such utilities from time to time, together with all necessary, associated underground appurtenances
thereto. 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 as of the date Grantee first exercised any of its rights
hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of all work
activities in a timely and workmanlike manner and make reasonable effort to exercise the rights granted herein in
such a manner as to cause the least interference with Grantor's business and in Grantor's use of the property.
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. Grantee
acknowledges and agrees that such Grantor's reserved rights include without limitation the right to from time to
time, install, repair, use, maintain, replace and keep upon the Easement Premises landscaping, irrigation lines,
driveways, parking areas, sidewalks, groundcovers, curbs, utilities, roadways and other similar improvements
together with allowing pedestrian use, and vehicular parking and access all as associated with Grantor's use of
the property upon which the Easement Premises is located. Grantor may construct, within the Easement
Premises, columns supporting overhead balconies, columns supporting parking shade structures and a wall as
depicted in Exhibit "B" appended hereto and by this reference, made a part hereof.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's
facilities constructed within the Easement Premises to facilitate further development or redevelopment of the
property encumbered hereby or any other reason in Grantor's sole discretion; then Grantor, its successors or
assigns, in consultation with and upon approval of Grantee (such approval not to be unreasonably withheld,
conditioned or delayed), shall provide an alternate easement for the utility facilities constructed within the
Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities within the
alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be
vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida.
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, upon the occurrence of
either event, the parties (at the request of either party) shall execute and record a release of the Easement
Premises from this Easement and Grantee shall at Grantee's cost promptly remove its utilities and
appurtenances.
IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this
/Z day of Aar �i 2016.
Signed, sealed and delivered
in the presence of:
WITNESS signature
655i
Print Witness Name
WITNESS signature
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
400 CLEVELAND, LLC
B
tagr%
Print Name/Title
Before me, the undersigned authority, personally appeared N1ai3 %I!
as Ai A'NIR'Gea— of 400 Cleveland, LLC, a Florida Lilied Liability Company,
whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the
aforementioned date, and who acknowledged the execution thereof to be h_ free act and deed for the use and
purposes herein set forth, and who [ ] is personally known to me, or who [ 1%j did provide
i'44f kr as identification.
ubl - State of Florida
71-4)(4 L. A-i i
Type /Print Name
My commission expires: [) / O j IoIb
so st,y PVB r"
r.S JASON L. ARVIN
Notary Public - State of Florida
My Comm. Expires Nov 1, 2016
%;;o , Commission # EE 848552
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA .
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared
, as I"(ln P./- of 400 Cleveland, LLC,
whom, being my authorized does depose aild say:
1. That 400 Cleveland, LLC is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended
hereto and by this reference made a part hereof
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 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.)
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 general utility easement to encumber the above - described property.
Signed, sealed and delivered
In the presence of:
WITNESS signature
Print Witness Name
WITNESS signature
Print Witness Name
400 CLEVELAND, LLC
Print Name/Title
,LADIW /-"CAAA4
friaelbrf
Sworn to and subscribed to before me this I2 day of
Not
ublic - tat
lorida
TA-co Al L • + vh.)
Type /Print Name
4
4
By:
MAI/-1- 4 2016.
My Commission Expires: 11 I , 142, bi to
O,�piiv pVe(i-
JASON L. ARVIN
Notary Public - State of Florida
My Comm. Expires Nov 1, 2016
Commission # EE 848552
CONSENT OF LIEN HOLDER
LA VISTA GROUP, LLC, a Florida limited liability company ( "Lien Holder "), the current holder of a
Mortgage, Assignment of Rents, Security Agreement and Fixture Filing in favor of La Vista Group, LLC,
recorded in O.R. Book 18627, page 1652 of the Public Records of Pinellas County, Florida, hereby
consents to the grant of the foregoing General Utility Easement by 400 CLEVELAND, LLC, a Florida
limited liability company, to the City of Clearwater, Florida, and joins in the execution hereof solely as Lien
Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said
property described in said mortgage under judicial or non judicial proceedings, the same shall be sold
subject to said Easement.
SIGNED AND EXECUTED this /2, day of Ar�t , 2016
STATE OF p�jy
LA VISTA GROUP, LLC
Print Name /Titl
COUNTY OF d 1.iwt..-v
Before me, the undersigned authority, on this day appeared MO Q ►S 46/1-,Y) ) as
/4/14E .E 2 of LA VISTA GROUP, LLC, a Florida limited liability company,
known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who
acknowledges to me that he /she executed the same for the purposes and considerations therein expressed, in
the capacity therein stated, as the act and deed of said Bank.
Given under my hand and seal of office this r2 day of Afge.fi , 2016
•
JASON L. ARVIN
Notary Public - State of Florida
•
My Comm. Expires Nov 1, 2016
Commission # EE 848552
Not. ' ublic tate of Florida
My commission expires: 1, )01'291 b
Scale 1" = 50'
This is not a survey
Point of
Commencement
Northwest
Corner
of "Tract 1"
0
0
to
N00 °14'54 "E 20.00
0
or
a) °'
a:
(1)
0 t
EXHIBIT
„A”
Laura Street
44' Right —of —Way
Earll & Tate's
Subdivision
Hillsborough Plat
Book 1, Page 20
Lot 7 Lot 8 Lot 9
Point of
Beginning
S89 °05'12 “E 1150.08-
_,,lI�IlIIIIIIIII�I�II�,._
NORTH
Lot 10 Lot 11
S00°12'35 "W ;10.00'
N89.05'12" V 100.16"
Tract 1
Lot 1 Lot 2
Legal Description:
A Utility Easement described as follows:
N89'05'12 "W 49.92'
S00 °15'51 "W'' 10.00'
Lot 3
Lot 4
Lot 5
Commence at the Northwest corner of "Tract 1" of property described in the
survey "Boundary and Topographic Survey of Amsouth Bank 400 Cleveland
Street" performed by Suncoast Land Survey, Inc. on 02/20/2013; thence South
00 °14'54" West along the West property line of said "Tract A" a distance of
119.78 feet to the Point of Beginning; thence South 89°05'12" East, a distance
of 150.08 feet; thence South 00 °12'35" West, a distance of 10 feet; thence
North 89°05'12" West, a distance of 49.92 feet; thence South 00°15'51" West,
a distance of 10 feet; thence North 89°05'12" West, a distance of 100.16 feet;
thence North 00°14'54" East, a distance of 20 feet to the Point of Beginning.
Cleveland Street
(Right —of —Way Varies)
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
DRAM SY DM NO.
L MOODY Lg1 _2015 -6
CHECKED BY SKETCH AND LEGAL MILT
T. MAHONY UTILRY EASEMENT AT 1 OF 1
DAN iCT- 1-1110
03 -18 -2015 400 CLEVELAND STREET 16- 29S -15E
LAURA STREET
"-LO i 11
NOT INCLUDED IN MM. FOR
TIE SUBJECT SITE — —
- - - - -- - - -- --- - - - - --
Ii r7
t— —
_ T
EPA
PRIVATE 1
CAR ELEVATOR
0, SEPA.TOR
FOR ELF=
ORM DRAIN
r
ABOVE ,=
CLEARANCE
LOT 5
•F
- EASEMENT AREA
soo
Ens0Err AREA
AUTHORIZED
WIm
COLUMN WITHIN EASEMENT .
FIR
BALCONY ABOVE.--
12 CLEARANCE
w,ACEN, MO STORY BUILDING
— AND WALL
UTILITY EASEMENT AT 400 CLEVELAND STREET
OSCEOLA AVENUE
LOT 1
EXHIBIT "B"
CLEVELAND STREET