MLJ LAKEVIEW LLC
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200724722507/2512007 at 11:20 AM
OFF REC BK: 15904 PG: 873-878
DocType:EAS RECORDING: $52.50
RE: Parcel No. 21-29-15-00000-140-0200
I
FIRE HYDRANT & UTILITY EASEMENT
II
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,
MLJ LAKEVIEW, LLC, a Florida limited liability company
701 Spottis Woode Lane, Clearwater, FI. 33756-5267
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive 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 the Southeast Y4 of the Northeast Y4 of Section 21, Township 29 South,
Range 15 East, being more particularly described and depicted in EXHIBIT "A" appended
hereto and by this reference made a part hereof.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary a fire hydrant,
connecting water line and hardware related thereto (the "facilities"). Grantee shall have full authority to
inspect and alter all facilities from time to time within said easement premises. In the time-to-time
exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the
easement premises to equal or better condition as existed prior to the exercise of such rights.
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.
It is expressly understood that Grantor reserves unto itself 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 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.
U:\Easements\MU LAKEVIEW FIRE HYDRANT & UTIL EAS.060607.doc
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this ]A) day of :::J u ,J t , 2007.
Signed, sealed and delivered
in the presence of:
MLJ LAKEVIEW, LLC,
a Florida limited liability company
By:
Print Witness Name
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WITNESS signature tl-
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Print Witness Name
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Print Witness Name
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ITNESS sign ure
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Print Witness Name
By:
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B. Gene Whitehead, Jr., ManagJr
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this <2-0 day of -J tJ AJE ,
2007 by Howard L. Howell, as Manager of MLJ LAKEVIEW, LLC, a Florida limited liability company,
who executed the foregoing instrument on behalf of said entity, and who acknowledged the execution
thereof to be his free act and deed for the uses and purposes therein expressed.
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My CQU!.mission Expires:
L>>-c \l \ ,).,0 t 0
[)q' Personally Known
[ ] Produced Identification
Type of Identification Produced
~~... MERRILY B MCCAUSlAND
I.: :;.\ MY COMMISSION # DO 596485
:. I - EXPIRES: December 11, 2010
Ilonded Thru Notary Public Underwriters
U:\Easements\MU LAKEVIEW FIRE HYDRANT & UTIL EAS.060607.doc
STATE OF FLORIDA
55
COUNTY OF PINELLAS
,.......--
The foregoing instrument was acknowledged before me this .ZtJ day of :J u IU€ ,
2007 by B. Gene Whitehead, Jr., as Manager of MLJ LAKEVIEW, LLC, a Florida limited liability
company, who executed the foregoing instrument on behalf of said entity, and who acknowledged the
execution thereof to be his free act and deed for the uses and purposes therein expressed.
My Commission E~ires:
~ l\ ,dOlO
~~= MERRILY B MCCAUSLAND
....~~ Po .~ .
//.'A......~;f:.;. MY COMMISSION # DO 596485.
~.:. ~.;<~ EXPIRES: December 11, 2010
~~~~~~.\.~~~: Banded Thru Notary Public. Unoer;'Jriler:; _
"'1111"- ~~
[)<] Personally Known
[ ] Produced Identification
Type of Identification Produced
U:\Easements\MU LAKEVIEW FIRE HYDRANT & UTIL EAS.060607.doc
.
,
.
CONSENT & JOINDER
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain mortgage lien described in that Mortgage and Security
Agreement and other instruments of security dated April 28, 2004 given by MLJ LAKEVIEW, LLC, a
Florida limited liability company, the herein described Grantor, as recorded in Official Records Book
13555, at page 2509, Public Records of Pinellas County, Florida, as variously amended thereafter;
does hereby join with Grantor and consents to the grant of easement as described in that certain Fire
Hydrant and Utility Easement dated --:SZll/\ fL LO , 2007 as conveyed to the City of
Clearwater, Florida; and hereby subordinates all of its right, title, interest and claim in the lien
evidenced by aforesaid instrument, and all other instruments of security as described therein, to the
easement rights as conveyed by Grantor.
Signed, sealed and delivered
In the presence of:
FIFTH THIRD BANK, a Michigan banking corp.,
as successor to FIRST NATIONAL BANK OF
FLORIDA, a national banking association
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Witne~nature
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pri~t itness name at.
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Witness signaLll /fJ I.J d
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Print Witness name
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By:
Print Nam
Title
STATE OF FLORIDA
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COUNTY OF If) I.! 1,0 Y' U1/1 L:
The foregoing instrument was acknowledged before me thisd(oJN)day of Suu.- ,
2007 by !l..JD(l..i-'-1 S. rhR-ST , as V\Cf.. ?Q.~CSI DE'N""I of
FIFTH THIRD BANK, a Michigan banking corporation, as successor to FIRST NATIONAL BANK OF
FLORIDA, a national banking association, mortgagee in the above-described lien, who executed said
instrument on behalf of said bank, and who acknowledged the exe.9ution thereof to be h_ free act
and deed for the uses and purposes therein expressed, and who [\..f'is personally known to me or who [
] did provide as identification.
C}~ ~ My Commission Expires:
Notary pJii - s~ P-
i< 7"'-,.J ~ {'oro
Type/Print Name
RYAN P. SOTO
"*y PublIc . State of FIoridI
CommIIIIon ExpInts SIp 26. 2010
CommiISion . DO 599094
.- ICllldId By NetIon8I NolIry Alan.
U:\Easements\MU LAKEVIEW FIRE HYDRANT & UTIL EAS.060607.doc
'. '
EXHIBIT "A"
Leaal Description: Fire Hvdrant & Utilitv Easement
A portion of the followina described parcel of land:
A parcel of land lying in the Southeast ~ of the Northeast ~ of Section 21,
Township 29 South, Range 15 East, Pinellas County, Florida, being more
particularly described as follows:
Commencing at the Northeast corner of the Southeast ~ of the Northeast ~ of
Section 21, Township 29 South, Range 15 East, Pinellas County, Florida; thence
North 89000'46'West, along the North line of the Southeast ~ of the Northeast ~
of said Section 21, a distance of 33.00 feet; thence South 00016'19"West, along
the West right-of-way line of Myrtle Avenue, a distance of 175.00 feet to the
POINT OF BEGINNING; thence continue South 00016'19" West, a distance of
31.91 feet to the point of curvature of a circular curve concave to the Northwest,
having a radius of 187.20 feet; thence along the arc of said curve to the right, an
arc distance of 183.62 feet, a chord bearing of South 28022'19"West, a chord
distance of 176.35 feet to the point of tangency; thence South 56028'19'West, a
distance of 351.50 feet; thence North 12022'46'West, a distance of 365.57 feet;
thence North Or54'52"West, a distance of 32.38 feet; thence South
89000'46"East, a distance of 459.87 feet to the POINT OF BEGINNING.
Beina more particular Iv described as follows:
Commence at the southwest corner of the above-described parcel of land, run
thence N56028'19"E, 98.38 feet; thence N33028'41'W, 8.00 feet; thence
N56028'19"E, 53.14 feet; thence N33028'41"W, 64.53 feet; thence N56028'19"E,
10.00 feet; thence S33028'41E, 72.53 feet; thence S56028'19"W, 53.14 feet to
the point of termination.
Containing 1150.42 square feet, more or less.
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NORTH
Scale ,11 20 I
This is not a survey
EXHIBIT "A"
Fire Hydrant & Uft~ity
Easement
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06/14/2007
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D. KING
CITY OF CLEARWATER. FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
FIRE HYDRANT & UTILITY
EASEMENT
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21-29S-15E
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I AFFIDAVIT OF NO LIENS I
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Howard L. Howell,
and B. Gene Whitehead, Jr., each as Manager of MLJ LAKEVIEW, a Florida limited
liability company, whom, being first duly sworn, do depose and say:
1. That said limited liability company is the owner of legal and equitable title to the
following described property in Pine lias County, Florida, to wit:
A parcel of land lying in the Southeast ~ of the Northeast ~ of Section 21,
Township 29 South, Range 15 East, Pinellas County, Florida, being more
particularly described as follows:
Commencing at the Northeast corner of the Southeast ~ of the Northeast
~ of Section 21, Township 29 South, Range 15 Eat, Pinellas County,
Florida; thence North 89000'46"West, along the north line of the Southeast
~ of the Northeast ~ of said Section 21, a distance of 33.00 feet; thence
South 00016'19" West, along the west right-of-way line of Myrtle Avenue, a
distance of 175.00 feet to the POINT OF BEGINNING; thence continue
South 00016'19" West, a distance of 31.91 feet to the point of curvature of
a circular curve concave to the Northwest, having a radius of 187.20 feet;
thence along the arc of said curve to the right, an arc distance of 183.62
feet, a chord bearing of south 28022'19" West, a chord distance of 176.35
feet to the point of tangency; thence South 56028'19" West, a distance of
351.50 feet; thence North 12022'46" West, a distance of 365.57 feet;
thence North Or54'52" West, a distance of 32.38 feet; thence South
89000'46" East, a distance of 459.87 feet to the POINT OF BEGINNING.
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")
If no entry by Affiant, it will be deemed that Affiant has entered "NONE".
U:\Easements\MU LAKEVIEW FIRE HYDRANT & UTIL EAS.060607.doc
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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 Security Agreement and other instruments of security dated
April 28, 2004 given in favor of FIFTH THIRT BANK, a Michigan banking corporation, as
successor to FIRST NATIONAL BANK OF FLORIDA, a national banking association, as
recorded in Official Records Book 13555, at Page 2509 - 1886 of the Public Records of
Pinellas County, Florida, as variously amended thereafter.
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 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 are for the pose of inducing the CITY
OF ~LfARWATER. FLORIDA, its agents, successors and ssigns to ely reon.
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"'lllNESS Signature
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WITNESS Prin'ted Name
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WlfNESS ~ignature .~ If
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WITN SS Printed Name
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7t~ignature
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WITNESS PrinteC1 Name
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WITNE S Signature
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WITNESS Printed Name
By: ~.f-i-w~,
B. Gene Whitehead, Jr., Manag
Sworn to and subscribed to before me this ?o day of
2007.
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My Commission 'Expires
U:\Easements\MU LAKEVIEW FIRE HYDRANT & UTIL EAS.060607.doc
~~, MERRILY B. MCCAUSlAND
~r~'lf\~ MY COMMISSION # DO. 596485
"~)'l EXPIRES: December 11, 2010
1~.P.f.~~" Bonded Thru Notary Public UndelWllters