CL CLEARWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLERWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6 LLCReturn to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2021241942 07/23/2021 09:36 AM
OFF REC BK: 21639 PG: 2197-2204
DocTYPe:EASEMENT RECORDING: $69.50
D DOC STAMP: $0.70
DRAINAGE AND UTILITY 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, CL CLEARWATER LP, a Delaware limited
partnership, CL CLEARWATER LLC, a Delaware limited liability company, doing business in Florida as CL
Tampa Clearwater LLC, CL CLEARWATER OWNER 3 LLC, a Delaware limited liability company, CL
CLEARWATER OWNER 4 LLC, a Delaware limited liability company, CL CLEARWATER OWNER 5 LLC, a
Delaware limited liability company, and CL CLEARWATER OWNER 6 LLC, a Delaware limited liability
company, (collectively, and as tenants in common, "Grantor") whose mailing address is c/o Castle Lanterra
Properties, 1 Executive Blvd. Ste. 204, Suffern, NY 10901, does hereby grant and convey to the City of
Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is 600 Cleveland St, Suite
600, Clearwater, Florida 33756 ("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")
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and construct, reconstruct, install and maintain therein any and all utilities, together with
appurtenances thereto (collectively, "Facilities"), and to inspect, maintain 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 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.
[A05-00152 /269222/1]
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.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this tt` " day of yL , 2021.
Signed, sealed and delivered
in the presence of:
CL CLEARWATER LP, a Delaware limited
partnership
By: CL CLEARWATER GP LLC, a Delaware
limite bil'ty;• mpa y, is general partner
By:
Ellie Rieder, Authorized Person
CL CLEARWATER LLC, ,Delaware limited liability
compa
By:
Ellie Rieder, Authorized Person
CL CLEARWATEI3..
limite• :ay it chi
By:
3 LLC, a Delaware
Ellie Rieder, Authorized Person
CL CLEARWATER OWNER 4 LLC, a Delaware
limited '%/ 1.peo`► pany
By:
EIIie Rieder, Authorized Person
CL CLEARWATER
limited
By:
LLC, a Delaware
EIIie Rieder, Authorized Person
CL CLEARWATER
limited '• i!t y co
By:
EIIie - 'e'er, Authorized Person
•WNER 6 LLC, a Delaware
Witness - gnature
[A05-00152 /269222/11
L h h a-10" Z
Print witness name
D o
Print witness name
STATE OF Nem"C'e-^ j .
ss Mo.."
COUNTY OF 3e.iraj'
The foregoing instrument was acknowledged before me by means of :Id. physical
presence or ❑ online notarization, this 0" vie Mat 1i ' (date) Ellie Rieder, of (i) CL
Clearwater GP, a Delaware limited liability company, general partner of CL Clearwater LP, a
Delaware limited partnership, (ii) CL Clearwater LLC, a Delaware limited liability company, (iii)
CL Clearwater Owner 3 LLC, a Delaware limited liability company, (iv) CL Clearwater Owner
4 LLC, a Delaware limited liability company, (v) CL Clearwater Owner 5 LLC, a Delaware
limited liability company, and (vi) CL Clearwater Owner 6 LLC, a Delaware limited liability
company, on behalf of the companies described in and which executed the above
instrument; who is personally known to me or has produced q pcZAs (>044— as
identification.
STATE OF
COUNTY OFLvtrr
BEFORE ME, the undersigned authority, personally appeared 'E ie 4L e kt , 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:
Signa
erson taking acknowledgement
Type/Print Name
NOTARY PUBLIC •SEW JERSEY
Commission :1: rat t 11037
Commission c.;::. , -a 8/20/2024
Title
AFFIDAVIT OF NO LIENS
: ss
[A05-00152 /269222/1]
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.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this l``� day of INS , 2021.
Signed, sealed and delivered
in the presence of:
[A05-00152 /269222/1]
CL CLEARWATER LP, a Delaware limited
partnership
By: CL CLEARWATER GP LLC, a Delaware
limited ty c• •;I• - eneral partner
By:
Ellie :er, Authorized Signatory
CL CLEARWATER LLC, a Delaware lim ited_liability
company
By:
Ellie Rieder, Authorized Signatory
CL CLEARWATER OWNER 3 LLC, a Delaware
limited Ii_ J ity co
By:
Ellie ' ieder, Authorized Signatory
CL CLEARWATER OWNER 4 LLC, a Delaware
limited li.;ility cpany
By:
Ellie Rieder, Authorized Signatory
CL CLEARWATER OWNER 5 LLC, a Delaware
limited Iia. ii•• any
By:
EIIie Rieder, Authorized Signatory
CL CLEARWATE' •_e_� R 6 C, a Delaware
limited
By:
Ellie ' ieder, Authorized Signatory
Wit
Prin
witness name
Witness signature
Print witness name
STATE OF J Qu) :
: ss nacet,,,oloAft
COUNTY OF S2VCl�ln
The foregoing instrument was acknowledged before me by means ofphysical
presence or El online notarization, this 1 ttfAvC Ail 1024 (date) EIIie Rieder, of (i) CL
Clearwater GP, a Delaware limited liability company, general partner of CL Clearwater LP, a
Delaware limited partnership, , (ii) CL Clearwater LLC, a Delaware limited liability company,
(iii) CL Clearwater Owner 3 LLC, a Delaware limited liability company, (iv) CL Clearwater
Owner 4 LLC, a Delaware limited liability company, (v) CL Clearwater Owner 5 LLC, a
Delaware limited liability company, and (vi) CL Clearwater Owner 6 LLC, a Delaware limited
liability company, on behalf of the companies described in and which executed the above
[A05-00152 /269222/1]
instrument; who is personally known to me or has produced 0- ( ro ✓{— as
identification.
[A05-00152 /269222/1]
Sign
erson taking acknowledgement
Type/Print Name
Title
KRISTEN S. KINNEY
OF NEW JERSEY
Commission # 50111037
My Commission Expires 812012024
EXHIBIT A
la STEAK 'N SHAKE, INC
OR 9842, PG 1005
In
SECTION 20, TOWNSHIP 29S, RANGE 16E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4552-01
BAY ARISTOCRAT VILLAGE
MOBILE HOME PARK
O
0
N01'26'21 "E
0
Z
J
I -
co
a
w
60' EASEMENT/RIGHT-OF-WAY
OR 3875, PG 36
OR 3856, PG 824
S8926'50'E 885.03'
N 8926'50'W 732.50'
CLEARWATER CAY HOLDINGS LLC
OR 17648, PG 1748
i
MATCH LINE
JU
M
d.o
a 0
m D_
-in
g-3
o).-
00
D
SOUTH UNE SEC 20
NORTH UNE, SEC 29
NOT A SURVEY
0 50 100 S8926'50'E 885.03' I-
Win
SCALE: 1"=100' ? Q. ��n» �i �n� Il„) ao I
II J 0 N
U -J L1 mva
4-
<
Q
rn
m 60' EASEMENT/RIGHT-OF-WAY z 0
OR 3875, PG 36 ix Q
OR 3856, PG 824 w IS
CLEARWATER CAY HOLDINGS LLC D°
OR 17648, PG 1748
i
BAY ARISTOCRAT VILLAGE
MOBILE HOME PARK
i
LEGEND
CDR = CORNER
CPB = CONDOMINIUM PLAT BOOK
CR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG(S) = PAGE(S)
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SR = STATE ROAD
SEC = SECTION
UNE TABLE
LINE
BEARING
LENGTH
L1
S8919' 48"E
100.01'
L2
N01'26'21 "E
30.00'
L3
S01'26'21"W
60.01'
L4
N00'33'10"E
5.00'
L5
N89'26'50"W
70.00'
L6
S 00'33'10"W
5.00'
L7
N89'26'50"W
62.50'
L8
N01'26'21 "E
30.00'
L9
N89'26'50"W
20.03'
OF 2
ITEM
DATE
BY
QC
REVISE DESCRIPTION
09-03-20
DHR
DHP
SKETCH & DESCRIPTION
06-05-20
SMW
DHR
H: \JN\4552\DWG\4552S D1 VACRE V2.DWG
DRAINAGE & U11U1Y
EASEMENT
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
SECTION 20, TOWNSHIP 29S, RANGE 16E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4552-01
DESCRIPTION
A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION
20, S.8919'48"E., 100.01 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE ALONG SAID EAST
RIGHT OF WAY LINE, N.01'26'21"E., 1100.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST
RIGHT OF WAY LINE, N.01'26'21"E., 30.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE, S.89'26'50"E.,
885.03 FEET; THENCE S.0126'21"W., 60.01 FEET; THENCE N.89'26'50"W., 20.03 FEET; THENCE N.01'26'21"E., 30.00
FEET; THENCE N.89'26'50"W., 732.50 FEET; THENCE N.0013'10"E., 5.00 FEET; THENCE N.89'26'50"W., 70.00 FEET;
THENCE S.00'33'10"W., 5.00 FEET; THENCE N.89'26'50"W., 62.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.615 ACRES, MORE OR LESS.
NOTES
1. BEARINGS ARE BASED ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19, SAID LINE BEING ASSUMED
AS N01'26'21 "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 TO.
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
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
Digitally signed by Dan
Rizzuto
Date: 2021.03.2610:28:40
-04'00'
NOT A SURVEY
DAN H. RIZZUTO
PROFESSIONAL LAND SURVEYOR
LS 5227, STATE OF FLORIDA
SHEET 2 OF 2
ITEM
DATE
BY
QC
REVISE DESCRIPTION
09-03-20
DHR
DHR
SKETCH & DESCRIPTION
06-05-20
SMW
DHR
H:\JN\4552\DWG\4552SD1 VACREV2.DWG
DRAINAGE de U11UTY
EASEMENT
poLARis ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113