JOHN CONTI - FRANCESCO CARRIERA - AGOSTINO DIGIOVANNI AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST
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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# 200724722307/25/2007 at 11:20 AM
OFF REC BK: 15904 PG: 863-868
DocType:EAS RECORDING: $52.50
--- ----~.._---
Parcel I. D. No.08-29-15-17604-000-0010
I DRAINAGE & UTILITY EASEMENT I
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, JOHN CONTI, FRANCESCO CARRIERA, AND
AGOSTINO DIGIOVANNI AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST ("Grantor"), does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"),
easement over, under and across the following described land lying and being situate in the County of Pinellas,
State of Florida, to wit:
A 15 FOOT DRAINAGE AND UTILITIES EASEMENT beina leaallv described and depicted in
that certain attachment identified as DRAINAGE EASEMENT "B" (JOB NO. 040094) dated
05-22-07 as appended hereto and bv this reference made a part hereof.
Containina 150.00 square feet. more or less (the "easement premises")
This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described easement premises to construct, install and
maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater
improvements and 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 maintain
reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of
these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
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 quiet and peaceful possession, use and enjoyment of this easement.
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.
. ,
Page 2 - Drainage & Utility Easement
Grantor: Tropicana Resort Land Trust
Grantee: City of Clearwater
RE: 08-29-15-17604-000-0010
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
:> i day of f"'\ A\ ,2007.
Signed, sealed and delivered
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Print Witness Name
By:
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By c;Z. ~~ ~
FRANCESCO CARRIERA, as Co-Trustee
By:
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Page 3 - Drainage & Utility Easement
Grantor: Tropicana Resort Land Trust
Grantee: City of Clearwater
RE: 08-29-15-17604-000-0010
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared John Conti, as Co-Trustee of
TROPICANA RESORT LAND TRUST, who executed the foregoing instrument on behalf of said trust, and who
acknowledged the e~e ution thereof to be his free act and deed for the use and purposes therein set forth.
/I. My commission expires:
Not ublic - St e of Florida
[11 Personally Known
[ ] Produced Identification
Type of Identification Produced
"'~;~~~?~/" Mary Kanarvogel
N,( ~ y~ Commission # 0051898. 6
~~;~.,~ Expires March 8,2010
.,f. c"lf f\.~ "onded Tro" Fain -lno",.n...ln. 61Xl.311flo7Q1e
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Type/Print Name
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Francesco Carriera, as Co-Trustee of
TROPICANA RESORT LAND TRUST, who executed the foregoing instrument on behalf of said trust, and who
acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth.
-4f7~ ~ My commission expires:
Not ublic - Sta of Florida
fYl4\-<LY J<It tV ~b~ ~
Type/Print Name
[7"J Personally Known
[ ] Produced Identification
Type of Identification Produced
"~;~{~{I.r,, Mary Kanarvogel
, o..,:r~-
=:: ':~ Commission # 00518986
~$...;l ~ Expires March 8, 2010
,:;, . .~ ..ndtld Tray ~Iln .1n.Uf.IlCI, Inc, 800.31107018
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Page 4 - Drainage & Utility Easement
Grantor: Tropicana Resort Land Trust
Grantee: City of Clearwater
RE: 08-29-15-17604-000-0010
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Agostino DiGiovanni, as Co-Trustee of
TROPICANA RESORT LAND TRUST, who executed the foregoing instrument on behalf of said trust, and who
acknowledged the exe ution thereof to be his free act and deed for the use and purposes therein set forth.
My commission expires:
tv! f}<V1 MrJ..ptWC> 6 ~
Type/Print Name
[" Personally Known
[ ] Produced Identification
Type of Identification Produced
......J.. M K
,'5b~!',l...y'~ ary anarvogel
~:t "c." 1~ Commission # 00518986
~~~c;~ Expires March 8, 2010
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CONSENT & JOINDER
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of the lien of mortgage created in that certain Mortgage, Note and other instruments of
security dated December 14, 2004, given in favor of the undersigned, as recorded in the Public
Records of Pinellas county, Florida, commencing at O. R. Book 14004, Page 1045, et seq., as
modified and amended by that certain Mortgage Spreader Agreement dated January 18, 2005, and
recorded in the Public Records of Pinellas County, Florida, commencing at O. R. Book 14067, Page
1938, et seq., and as same may be further modified and amended hereafter, does hereby join with
TROPICANA RESORT LAND TRUST, Grantor/ ortgagor, and consents to the herein described grant
of a Drainage & Utility Easement dated 3 , 2007 as conveyed to the City
of Clearwater, Florida; and hereby subordinate all of its right, title, interest and claim in the lien
evidenced by aforesaid instruments as same may encumber the easement rights as conveyed by
Grantor/Mortgagor.
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Print Witness name
STATE OF _F\('lr~r\n
COUNTY OF J"J ;. Ne_ \ \11 ~
: 55
The foregoing instrument was acknowledged before me this ~hh day of 0u:np ,
2007 by :Jo..rr--e~ T. fJ\aore. , as ~f'\\(')r '\.1 \Ct~_ p(~\' den \- of
REGIONS BANK, an Alabama Banking Corporation, mortgagee in the above-described lien, who
executed said instrument on behalf of said institution, and who acknowledged the execution thereof to
be h_ free act and deed for the uses and purposes therein expressed, and who [/<J is personally
known to me or who [ ] did provide as
identification.
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Type/Print Name
My Commission Expires:
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. J . My Commission 00218072
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KLEIN & STAUB SURVEYING, INC
PROFESSIONAL SURVEYORS AND MAPPERS
8016 OLD COUNlY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150
SKETCH AND LEGAL DESCRIPTION:
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I 15.00' DRAINAGE
1 5J' E~ASEMENT "B" L3
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LEGAL DESCRIPTION:
A 15.00 FOOT EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION
OF LAND L YlNG IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, BEING ALSO A PORTION OF LOT
1 A, COLUMBIA SUB NO.3, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY FLORIDA, SEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF
SAID LOT 1A, THENCE A DISTANCE OF 20.37 FEET ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD
DISTANCE OF 20.37 FEET AND A CHORD BEARING OF Nor 27'40"E
TO THE POINT OF BEGINNING; THENCE CONTINUE A DISTANCE OF
15.00 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
6567.52 FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD
BEARING OF Nor 18'24"E; THENCE S85029'35"E A DISTANCE OF
10.00 FEET; THENCE A DISTANCE OF 15.00 FEET ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 6577.52 FEET, A CHORD DISTANCE
OF 15.00 FEET AND A CHORD BEARING OF S07018'24"W; THENCE
N85029'35"W A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 150.00 SQUARE FEET, MORE OR LESS.
------
CLEARWATER HARBOR
UNPLATTED
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LINE
L3
L4
LINE TABLE
LENGTH
10.00
10.00
BEARING
S85029'35"E
N85029'35"W
CURVE TABLE
RADIUS LENGTH
6567.52 20.37
6567.52 15.00
6577.52 15.00
CURVE
C4
C5
C6
DELTA
0010'40"
0007'52"
0007'51"
CHORD BEARING
20.37 Nor 27' 40"E
15.00 N07018'24"E
15.00 Nor18'24"E
NOTES:
THIS IS NOT A BOUNDARY SURVEY. THIS
IS A SKETCH OF DESCRIPTION TO DEPICT
NEW DRAINAGE EASEMENT.
05-22-07
Jack W. Smith Date of Signature
Professional Surveyor c!c Mapper Number 6140
DRAINAGE EASEMENT "s"
JOS No. 040094
DATE: 05-22-07
SHEET:
2 OF 3
,
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I AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared John Conti,
Francesco Carriera and Agostino DiGiovanni, as Co-Trustees of TROPICANA RESORT
LAND TRUST, each of whom, being first duly sworn, does depose and say:
1. That said Land Trust is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
COLUMBIA SUBDIVISION NO.3, the North 173.5 feet of Lots 1 and 1A, and
riparian rights; and Block A, Lot 3, of COLUMBIA SUBDIVISION REPLAT
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 than those
that will be paid during the normal course of business, except: (if none, enter "NONE")
NOTE: If no entry, it will be deemed that Affiant has entered "NONE".
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except:
That certain mortgage and note and other instruments of security dated December
14, 2004 given in favor of REGIONS BANK, an Alabama Banking Corporation
authorized to conduct business in the State of Florida, as recorded in Official
Records Book 14004, commencing at Page 1045, Public Records of Pinellas
County, Florida; as modified by that Mortgage Spreader Agreement dated January
18, 2005 as recorded in Official Records Book 14067, commencing on Page 1938,
Public Records of Pinellas County, Florida, as same may be hereafter further
amended and modified.
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
a;3~;essments appear of record.
/
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents, successors and assi rely thereon.
WITNESS ignature
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WITNESS P ted Name
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WIT~S Signatur
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WITNESS Printed Name
By:
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By: -~~
RANCESCO CARRIERA,
as Co-Trustee
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By: ~~N6 DIGltfv~NI, 7
as Co-Trustee
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WITNESS Pr ted Name
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WITNESS Printed Name
Sworn to and subscribed to before me this ~ day of
2007
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PrintlType Name
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My Commission Expires
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KLEIN & STAUB SURVEYING, INC
PROFESSIONAL SURVEYORS AND MAPPERS
8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150
SKETCH AND LEGAL DESCRIPTION:
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f Sr' E~ASEMENT "8" - l3
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( IN FEET )
1 inch = 20 ft.
LEGAL DESCRIPTION:
A 15.00 FOOT EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION
OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, BEING ALSO A PORTION OF LOT
1 A, COLUMBIA SUB NO. 3, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNF.:R OF
SAID LOT lA, THENCE A DISTANCE OF 20.37 FEET ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD
DISTANCE OF 20.37 FEET AND A CHORD BEARING OF NOr 27' 40"E
TO THE POINT OF BEGINNING; THENCE CONTlNUE A DISTANCE OF
15.00 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
6567.52 FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD
BEARING OF Nor 18'24"E; THENCE 585029'35"E A DISTANCE OF
10.00 FEET; THENCE A DISTANCE OF 15.00 FEET ALONG A CURVE TO
THE RIGHT HAViNG A RADIUS OF 6577.52 ~EET, A CHORD DISTANCE
OF 15.00 FEET AND A CHORD BEARING OF sor 18'24"W; THENCE
N85029'35"W A DISTANCE OF 10.00 FEET lO THE POINT OF
BEGINNING.
CONTAINING 150.00 SQUARE FEET, MORE OR LESS.
~
CLEARWATER HARBOR
UNPLATTED
-====---~
LINE
L3
L41
LINE TABLE
LENGTH
10.00
10.00
BEARING
S85029'35"E
1'1850 29'35"WJ
~URVE
t~--~-~
I C6
CURVE TABLE
RADIUS LENGTH
6567.52 20.37
6567.52 15.00
6577.52 15.00
CHORD ' BEARING
20.37 NOl.27'40"E
15.00 1'1070 18'24"E
15.00 Nor 18'24"E
DELTA
0010' 40"
0007'52"
0007'51"
NOTES:
THIS IS NOT A BOUNDARY SURVEY. THIS
IS A SKETCH OF DESCRIPTION TO DEPICT
NEW DRAINAGE EASEMENT.
05-22-07
Jack W. Smith Date of Signature
Professional Surveyor & lolapper Number 6140
DRAINAGE EASEMENT "B"
JOB No. 040094
DATE: 05-22-07
SHEET:
2 OF 3