GARDEN TRAIL APARTMENTS 2013 LLCReturn to:
Chuck Lane
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758 -4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2016260931 08/24/2016 at 03:00 PM
OFF REC BK: 19316 PG: 1492 -1497
DocType:EASEMENT RECORDING: $52.50
D DOC STAMP: $0.70
WATER MAIN EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of
which is hereby acknowledged, and the benefits to be derived therefrom, Garden Trail Apartments 2013
LLC, a Florida limited liability company, whose mailing address is 2430 Estancia Boulevard, Suite 101,
Clearwater, Florida 33761 ( "Grantor"), does hereby grant and convey to the City of Clearwater, Florida, a
Florida municipal corporation ( "Grantee "), its licensees, agents, successors and assigns a non - exclusive
easement over, under, across and through the following described land lying and being situate in the County
of Pinellas, State of Florida, to wit:
See Exhibit "A" appended hereto and by this reference made a part hereof ( "Easement
Premises ")
This easement is for water mains and appurtenant facilities only. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above - described premises to construct, reconstruct, install
and maintain therein the herein referenced water main facilities for the purpose of providing potable water
and fire protection to the public, together with appurtenances thereto (collectively, "Facilities "), and to inspect
and alter such Facilities from time to time. 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 promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon
completion of any work activities 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, and on each and
every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue
the completion of all work activities in a timely manner.
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 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.
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; then Grantor, its successors or assigns, in consultation
with and upon approval of Grantee, 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 altemate 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.
ltjiWITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed
this c day of Lt.n-€_ , 2016.
Signed, sealed and delivered in the presence of: GARDEN TRAIL APARTMENTS 2013 LLC
fitness signature
Print Witn
s signature
--Ctiti ?"-• ?"-• —tti,� c
1lat,"--
Print Witness name
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
By:
S Se'c 1( 9
Print Name/Title
Before me, the undersigned authority, personally appeared S L o++ £C k (f) e[ , as
Pt( S i G(en t of Garden Trail Apartments 2013 LLC, who executed the fOregoing instrument, and who
acknowl ged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and
who ] is personally known to ;y:or who [ ] did produce as identification.
Notary Public — State o Flor
Type /Print Name
My commission expires:
8RIANNE E HEFFNER
Notary Public - State of Florida
Commission * FF 999378
My Comm. Expires Oct 1, 2020
IN WITNESS WHEREOF, the undersigned has caused these presents to be duly executed this
AS day of J w \ f , 2016.
Signed, sealed and delivered in the presence of:
ness signature
c7Lt%� 1R 1^r i.S
Print Witness name
Witness signature LeAen 4W-0\
Print Witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
HOUSING FINANCE AUTHORITY OF PINELLAS
COUNTY, FLORIDA, AS TRUSTEE OF PINELLAS COUNTY
LAND ASSEMBLY TRUST - GARDEN TRAIL, DATED
DECEMBER 4, 2015
By: 1/1 'J''th A
k\GLMrii n Jw'v�� �x�euative hl ?'Cfo(
Print Nam /Title
Before me, the undersigned authority, personally appeared °KaS;'(nr� ✓► `/Y i r , as
G 'ec.c,4't' u-eTT> re c -ti, it of Housing Finance Authority of Pinellas County, Florida, as Trustee of Pinellas County
Land Assembly Trust - Garden Trail, dated December 4, 2015, who executed the foregoing instrument, and who
acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and
who [s personally known to me, or who [ ] did produce as identification.
�i,vvt.t�
1
Notary Public - State of Flori: a
vviw.rn U- vn O Cj
Type /Print Name
My commission expires:
1 fi Karmen Lemberg
•c ?COMMISSION #EE8330255
AS EXPIRES: NOV. 24, 2016
WWW.AARONNOTARYcom
Water Main Easement - Garden Trail Apartments 2013 LLC to the City of Clearwater
LEGEND
OR = OFFICIAL RECORDS 800K
PB = PLAT BOCK
PG = PAGE
POR = POINT OF BEGINNING
P00 = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
/
SECTION 9, TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3202-01
P.O.C.I SEMINOLE STREET
NOR-INV/EST CORNER
LOT 9 SOUTH R/W UNE
/
-r--- -
/
L01° 9
LOY I
/ 0,
LOT
L8 1
EAST 162.10' Ll
4, 1 / EAST 130.95"'-'
-1
IN / / 1".
—' r-,.....' r ■ ,...
s L,
Oa ,i i ;‘,
,
40 i 1
In f '
J
, s 4 ..1 I 1
L I
6°
co
co tzi> 0,4
/--
(3
(1) LOT 00
L12
jq
- or 44 0
cis
L14 4 ci
LOT 15
WEST 153.96'
k
—J i f lie M-
Iri
b 14' k 1
rx•
WEST 132.29' ;3 Lict'l WEST B5.95'0,
'....N (
OINT/ "A --1L30-17
I, C L26
LO f 2-)
7
N.
.,0,f ,,K... Hi
PI (v fr) .f.Y
PART A
P•O.B• ,19
1 * 1
CO I
1 /
EAST 83.14'
L32
L3T 1,1
NORTH R/W UNE
ELDRIDGE STREET
NOT A SURVEY
il EXHIBIT
4
e
I
I A
CNI
-J
L22
0 30' 60'
SCALE: 1"= 60'
SHEET 1 OF 3
ITEM
DATE
BY
QC
REV EASEMENT BD?
03/10/16
JT
DHR
SKETCH & DESCRIPTION
11/13/15
DHR
DHR
1-1:VM11\3202\DWG\3202SDWM.DWG
WATER MAIN
EASEMENT
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD. SUITE
CLEARWATER, FLORIDA 33765
(727) 461-6113
D E S C R I P T I O N
SECTION 9, TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3202 -01
THAT PORTION OF LOTS9, 10, 11, 12, 13, 15 AND 17, BLOCK 2, AND LOTS 19, 20 AND 21 BLOCK 3, J.H. ROUSE
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 90, PUBLIC RECORDS
OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, TOGETHER IMTH A
PORTION OF THAT VACATED PORTION OF SPRUCE AVENUE MORE PARTICULARLY DESCRIBED BY ORDINANCE NO
5285.92, RECORDED IN O.R. BOOK 8088, PAGE 172, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND A
PORTION OF THE VACATED ALLEY LYING EAST OF LOTS 9 -13, BLOCK 2, MORE PARTICULARLY DESCRIBED BY
ORDINANCE NO 6880 -01, RECORDED IN O.R. 800K 11701, PAGE 1151, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA AND BEING A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA,
BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 9, BEING THE INTERSECTION OF THE EASTERLY
RIGHT -OF -WAY LINE OF NORTH GARDEN AVENUE AND THE SOUTHERLY RIGHT -OF -WAY LINE OF SEMINOLE STREET;
THENCE ALONG THE EAST RIGHT -OF -WAY UNE OF SAID NORTH GARDEN AVENUE, S.15'52'27 "W., 326.91 FEET TO
THE NORTH RIGHT -OF -WAY UNE OF ELDRIDGE STREET; THENCE ALONG SAID RIGHT -OF -WAY LINE, EAST, 83.14
FEET TO THE POINT OF BEGINNING PART "A "; THENCE LEAVING SAID LINE, N.15•52'27 "E., 98.10 FEET; THENCE
N.74'07'33 "W., 9.28 FEET; THENCE N.15'52'27 "E., 10.00 FEET; THENCE S.741)7'33 "E., 9.28 FEET; THENCE
N.15'52'27 "E., 64.25 FEET; THENCE N.74•07'33 "W., 9.30 FEET; THENCE N.15'52'27 "E., 10.00 FEET; THENCE
S.74'07'33 "E. 9.30 FEET; THENCE N.15'52'27 "E., 47.77 FEET; THENCE N.525517 0E., 28.56 FEET; THENCE EAST,
162.10 FEET; THENCE NORTH, 5.52 FEET; THENCE EAST, 10.00 FEET; THENCE SOUTH, 5.52 FEET; THENCE EAST,
18.66 FEET THENCE S.39'5019 "E., 11.09 FEET; THENCE S.1018`58 "W., 94.86 FEET; THENCE S.79'41'02 "E., 4.49
FEET THENCE S.1018'58 "W., 10.00 FEET; THENCE N.79'41'02 "W., 4.49 FEET; THENCE S.1018'58 "W., 37.04 FEET;
THENCE S.50'09'29 "W., 6.80 FEET; THENCE S.39'50'31 "E., 9.82 FEET; THENCE S.85'36'20 "E., 23.89 FEET; THENCE
S.42'48'10 "E., 18.39 FEET; THENCE SOUTH, 39.03 FEET; THENCE S.09'40'41 "W., 24.54 FEET; THENCE WEST, 7.95
FEET; THENCE N.15'37'35"E., 7.72 FEET; THENCE NORTH, 51.87 FEET; THENCE N.42'48'10 "W., 10.55 FEET; THENCE
N.85'36'20 "W., 24.20 FEET; THENCE N.39'50'31 "W., 14.04 FEET; THENCE S.50'09'29 "W., 6.79 FEET; THENCE WEST,
65.95 FEET; THENCE SOUTH, 9.92 FEET; THENCE WEST, 10.00 FEET; THENCE NORTH, 9.92 FEET; THENCE WEST,
132.29 FEET TO POINT AN THENCE S.15'52'27 "W., 78.32 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID
ELDRIDGE STREET; THENCE ALONG SAID LINE, WEST, 10.40 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING TRACT OF LAND:
COMMENCE AT POINT "A "; THENCE N.15'52'27 "E., 10.40 FEET TO THE POINT OF BEGINNING PART B; THENCE
N.15'52'27 "E., 97.39 FEET; THENCE S.741)7'33 "E., 9.50 FEET; THENCE N.15 52'27 "E., 10.00 FEET; THENCE
N.74'07'33 "W., 9.50 FEET; THENCE N.15'52'27 "E., 27.83 FEET; THENCE N.52`55'17 "E., 21.85 FEET; THENCE EAST,
130.95 FEET; THENCE SOUTH, 14.69 FEET; THENCE EAST, 10.00 FEET; THENCE NORTH, 14.69 FEET; THENCE EAST,
43.12 FEET; THENCE S.1018'58 "W., 115.78 FEET; THENCE S.50109'29 "W., 16.34 FEET; THENCE WEST, 37.81 FEET;
THENCE NORTH, 9.50 FEET; THENCE WEST, 10.00 FEET; THENCE SOUTH, 9.50 FEET; THENCE WEST, 153:96 FEET TO
THE POINT OF BEGINNING.
NOT A SURVEY
SHEET 2 OF 3
ITEM
DATE
REV EASEMENT BOY
03/10/16
BY
JT
QC
DHR
SKETCH & DESCRIPTION
11/13/15
DHR
DHR
H: \JN \3202 \DWG \3202SDWM.DWG
WATER MAIN
EASEMENT
pouting ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461 -6113
SECTION 9, TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3202 -01
L I N E T A B L E
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
11
N74'07'33 "W
9.28'
L25
N42'48'10 "W
10.55'
12
N15'52'27 "E
10.00'
L26
N85'36'20 "W
24:20'
13
S74'07'33 "E
9.28'
L27
N39'50431 "W
14.04'
L4
N74'07'33 "W
9.30'
L28
S50'09'29 "W
6.79'
L5
N15 '52'27 "E
10.00'
L29
SOUTH
9.92
L6
S74'07'33 "E
9.30'
L30
WEST
10.00
L7
NORTH
5.52
L31
NORTH
9.92
L8
EAST
10.00
L32
WEST
10.40
L9
SOUTH
5.52
L33
N15'52'27 "E
10.40
L10
EAST
18.66'
L34
S74'07'33 "E
9.50
L11
S39'50'19 "E
11.09
L35
N15'52'27 "E
10.00
L12
579'41'02 "E
4.49
L36
N74'07'33 "W
9.50
L13
51018'58 "W
10.00
137
N15'52'27"E
27.83
L14
N79'41'02 "W
4.49
L38
N52•55'17 "E
21.85
L15
51018'58 "W
37.04
L39
SOUTH
14.69
L16
S50•09'29 "W
6.80'
140
EAST
10.00
117
S39'50'31 "E
9.82'
L41
NORTH
14.69
118
985'36'20 "E
23.89'
L42
EAST
43.12
L19
S42'48'10 "E
18.39'
L45
S50'09'29 "W
16.34
L20
SOUTH
39.03'
L46
NORTH
9.50
L21
S09'40'41 "W
24.54'
L47
WEST
10.00
L22
WEST
7.95'
L48
SOUTH
9.50
L23
N15'37'35 "E
7.72'
L24
NORTH
51.87'
NOTES
1. BEARINGS ARE BASED ON THE SOUTH RIGHT -OF -WAY LINE OF SEMINOLE STREET, SAID LINE BEING ASSUMED
AS N89'53'44 "E.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE, -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
T04
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS 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.
CERTIFICATION
1 HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND - APPERS IN CHAPTER 5J -17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORID TES.
NOT A SURVEY
DAN H. RIZZUTO
PROFESSIONAL LAN
LS 5227, STATE 0
EYOR
ORIDA
SHEET 3 OF 3
ITEM
REV EASEMENT BDY
DATE
BY
03/10/16
JT
QC
DHR
SKETCH & DESCRIPTION
H: \JN \3202 \D 1N
11/13/15
DWG
DHR
DHR
WATER MAIN
EASEMENT
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461 -6113
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared , as
of Garden Trail Apartments 2013 LLC, whom, being duly
authorized does depose and say:
1. That aforesaid party is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
See Exhibit "A" appended hereto and by this reference made a part hereof
2. 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 than 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.)
3. 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:
(list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been
entered.)
4. 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.
5. That there are no outstanding sewer service charges or assessments payable to any
government.
6. 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 the easement herein being conveyed to encumber the above - described
property.
Signed, sealed and delivered in the presence of: GARDEN TRAIL APARTMENTS 2013 LLC
Witness signature
By:
Print Witness name Print Name/Title
Witness signature
Print Witness name
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
Before me, the undersigned authority, personally appeared , as
of Garden Trail Apartments 2013 LLC, who executed the foregoing instrument, and who
acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and
who [ ] is personally known to me, or who [ ] did produce as identification.
Notary Public — State of Florida
Type /Print Name
My commission expires:
Signed, sealed and delivered in the presence of:
I ness signature
4rrs
Print Witness name
Witness signature
Ca,rw.-e"1.-evr\k2a�c�
Print Witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
HOUSING FINANCE AUTHORITY OF PINELLAS
COUNTY, FLORIDA, AS TRUSTEE OF PINELLAS COUNTY
LAND ASSEMBLY TRUST - GARDEN TRAIL, DATED
DECEMBER 4, 2015
rtin by-tvexl Rrc ve D►remr
Print Nam /Title
Before me, the undersigned authority, personally appeared (,�.� .[ v, 0 r i u e ✓ , as
C;Yer_U -kir CD to cr4-o ✓ of Housing Finance Authority of Pinellas County, Florida, as Trustee of Pinellas County
Land Assembly Trust - Garden Trail, dated December 4, 2015, who executed the foregoing instrument, and who
acknowled ed the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and
who [ ills personally known to me, or who [ ] did produce as identification.
Notary Public - State of Florid
r flnr✓n l� r1r< ��f
Type /Print Name
My commission expires:
+1UIIII�Iii
Karmen Lemberg
: COMMISSION #EE833025
WIRES: NOV. 24, 2016
%,, „°F,Fy +, "" WNW.AARONNOTARY.com
Affidavit of No Liens - Water Main Easement - Garden Trail Apartments 2013 LLC to the City of Clearwater