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MAINSTREET CLEARWATER DEVELOPMENT 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# 2016109909 04114/2016 at 09 :37 AM OFF REC BK: 19153 PG: 2021 -2026 DocType:EASEMENT RECORDING: $52.50 D DOC STAMP: $0.70 Parcel I. D. No. 16- 29 -15- 23814 - 000 -0100, 0030, 0040 & 0050 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, MAINSTREET CLEARWATER DEVELOPMENT, 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, driveways, parking areas, sidewalks, groundcovers, curbs, 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 irrigation lines, utilities, columns supporting overhead balconies and columns supporting parking shade structures within the Easement Premises provided Grantee approves the location of said irrigation lines, utilities and columns and associated structures. 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 /L day of ,(,{zier , 2016. Signed, sealed and delivered in the presence of: WITNESS signature ea5 rn ieciEr Print Witness Name WITNESS signature Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS MAINSTREET CLEARWATER DEVELOPMENT, LLC B <d Print Name Itle Before me, the undersigned authority, personally appeared°ISCS 'l( as 14i4NiF- of Mainstreet Clearwater Development, 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 [ ] did provide as identification. Notary b .te of Florida J AI* L • $41/J Type /Print Name My commission expires: I I (O i 12,011,, lllll�e � ;=o »`R., ° JASON L. ARVIN Notary Public - State of Florida 1 ;; My Comm. Expires Nov 1, 2016 1 1 ;;� q ' Commission # EE 848552 AFFIDAVIT OF NO LIENS STATE OF FLORIDA . : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared f5M , as of Mainstreet Clearwater Development,LC whom, being duly auth iaF zed does depose and say: 1. That Mainstreet Clearwater Development, 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 MAINSTREET CLEARWATER DEVELOPMENT, LLC Print Name/Title By: Sworn to and subscribed to before me this /2_ day of /1/4/2-14 L*( , 2016. Not - ' ubli - State of Florida "Tillor' L . An -,/inl Type /Print Name My Commission Expires: Ilk( IS-CO; - -pa oZ�Y P�'o, JASON L. ARVIN Notary Public - State of Florida - ; My Comm. Expires Nov 1, 2016 4 ° -;,' Commission # EE 848552 I Scale 1" = 50' This is not a survey Point of Commencement Northwest Corner of "Tract 1" Legal Description: A Utility Easement described as follows: EXHIBIT Lot 7 "A" Laura Street 44' Right —of —Way Earll & Tate's Subdivision Hillsborough Plat Book 1, Page 20 Lot 8 N00 °12'35 "E ;10.00' S89 °05'12 "E 150.08' N00 °15'51 "E 10.00' Lot 1 Tract 1 Lot 9 NORTH Lot 10 Point of Beginning 1 I S89 °02'39 "E' 95.03' 5_8_9_105'12"E 49.92 IF 17Zr Ad N8. 05 12 W 49.78 Lot 11 Lot 2 1 Lot 3 N89°02 9 "W 100.18' Lot 4 I 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; thence South 89 °05'12" East, a distance of 150.08 feet to the Point of Beginning; thence South 89 °02'39" East, a distance of 95.03 feet; thence South 00°11'16" West, a distance of 10.00 feet; thence South 89 °02'39" East, a distance of 5.00 feet; thence South 00°11'16" West, a distance of 10.00 feet; thence North 89 °02'39" West, a distance of 100.18 feet; thence North 89°05'12" West, a distance of 49.78 feet; thence North 00°15'51" East a distance of 10.00 feet; thence South 89°05'12" East, a distance of 49.92 feet; thence North 00°12'35" East, a distance of 10.00 feet to the Point of Beginning. Lot 12 S00 °11'16 "W 410.00' S89 °02'39 "E 45.00' S00 °11'16 "W 10.00' Lot 6 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT OWN MY L MOODY CHECKED BY T. MAHONY are 3-18-2015 SKETCH AND LEGAL �c�zois o7 ADDITIONAL UTILITY EASEMENT AT 400 CLEVELAND STREET 1 OF 1 SECT-111180.1010 16- 29S -15E CONSENT OF LIEN HOLDER YO NANCY, INC., a California corporation ( "Lien Holder "), the current holder of a Mortgage, Assignment of Rents and Security Agreement, dated as of October 1, 2006, recorded in O.R. Book 15876, Page 511 of the Public Records of Pinellas County, Florida, as modified, hereby consents to the grant of the foregoing General Utility Easement by MAINSTREET CLEARWATER DEVELOPMENT, 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 day of f} P rat t✓ , 2015 STATE OF COUNTY OF : ss YO NANCY, INC. Before me, the undersigned authority, on this day appeared as of YO NANCY, INC., a California corporation, 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 day of , 2015 Notary Public My commission expires: S ee cL c A ed ILA r (-ea C40.-{ ALL - PURPOSE ACKNOWLEDGEMENT State of California. County of LOs ,1-N16 E -44C.S On 4PRI (..,)-7j7y.c before me, 'y�tJ Ndee-t3 .AJ d 771 -t2.,X Date Name and Title of Officer (i. e., Your Name, Notary Public) personally appeared g Edr /J 5 LC. 12-II r Name {s) ofDocumentSigner {s) Who proved to me on the basis of satisfactory evidence to be the person) whose name( is are subscribed to the within instrument and acknowledged to me that she /they executed the same in�il s/her /their authorized capacity(ip, and that by er /their signature on the instrument the person or the entity upon behalf of which the person((acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CYNTHIA NOROERG Commission • 1954101 Notary Public - California Los Angeles County My Comm. Expires Oct 29, 2015 (Affix seal in the above blank space) d- c h t:(& S e,KAI f Lefx MO Id — CONSENT OF LIEN HOLDER YO NANCY, INC., a California corporation ( "Lien Holder "), the current holder of a Mortgage, Assignment of Rents and Security Agreement, dated as of October I, 2006, recorded in O.R. Book 15876, Page 511 of the Public Records of Pinellas County, Florida, as modified, hereby consents to the grant of the foregoing General Utility Easement by MAINSTREET CLEARWATER DEVELOPMENT, 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 day of Q 4 C- k\ 2016 STATE OF - tt:71'1' Ctec. COUNTY OF -P\ V`C_S Before , the undersigned authority, on this day appeared I C;.{ L4 t k. t J' ��� as of YO NANCY, INC., a California corporation, 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. : ss Given under my hand and seal of office this ((U day of liV\49-■(6\,1/42016 SASHA ALEXANDRA RICHARDSON Via. 'f MY COMMISSION #FF183088 EXPIRES December 11, 2018 (407) 398 -0153 FloridallotaryService.com hAr ^tary Public Sam \2,_ r0 rt My commission expires: c, < 2(18 WISEMAN & BURKE, INC. A BUSYNESS & FINANCIAI. MANAc E.MEN I' COMPANY 750 FAIRMONT AVENUE, #100 GLENDALE, CA 91203 TEL 818/247.1007 FAx 818/247 -1861 http: //www.wiseman•burkc.com E -Mail: infts wiscman- burkc.com Nancy Cartwright March 14, 2016 Michelle Maltar Appro evin Burke Cis fly Re: Mainstreet Clearwater Consent of Lien Holder Dear Nancy: Situation: Mainstreet Clearwater Development, LLC, who you have lent money to, needs your consent to grant a General Utility Easement to the City of Clearwater free from your lien. Data: Kevin has reviewed approved the attached paperwork. I understand that he has already discussed this with you, but if you have any questions please call him, If you are in Florida we understand the president's office can help arrange a notary to meet you to sign the document. Otherwise we will co- ordinate with Monica, getting a notary to you. Solution: If this meets with your approval please sign the attached form in front of a notary where indicated. Michelle Maltar VP Asset Management Enclosures Disapprove: WISEMAN Sc BURKE'S PURPOSE IS TO HELP OUR CLIENTS CREATE AND PRESERVE THEIR WEALTH.