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CLEARWATER MALL, 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# 200734606910/26/2007 at 09:10 AM OFF REC BK: 16030 PG: 2184-2189 DocType:EAS RECORDING: $52.50 D DOC STAMP: $0.70 --~----------~ RE: Parcel No. 17-29-16-16503-000-0010 II SIDEWALK & UTILITIES 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, CLEARWATER MALL, LLC, a Florida Limited Liability Company with offices located at 420 Lexington Avenue, y'h Floor, New York, NY 10170 ("GRANTOR"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("GRANTEE"), an 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 CLEARWATER MALL PHASE II, Lot 1, according to the map or plat thereof as recorded in Plat Book 131, Pages 23 & 24 of the public records of Pinellas County, Florida, as more particularly described and depicted in 3 page exhibit entitled "Clearwater Mall Phase II Sidewalk Easement" appended hereto and by this reference made a part hereof. The easement rights granted herein are for perpetual construction and maintenance of a public sidewalk and underground utilities The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to construct, install and maintain thereon such public sidewalk and underground utilities, and to inspect and alter same from time to time. GRANTOR warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, 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. GRANTEE, its agents and employees, for the purpose of inspecting, maintaining, or operating its Facilities, shall have the right of ingress to and egress from the Easement Area over the property of GRANTOR adjacent to the Easement Area and lying between public or private roads and the Easement Area. GRANTEE shall exercise all rights granted to it hereunder in such manner as shall occasion the least practicable damage and inconvenience to GRANTOR, its tenants, licensees and invitees. GRANTEE shall repair damages to roads, fences, driveways, parking areas, shrubbery or other property or property permitted improvements occasioned while exercising this right of ingress and egress or otherwise caused by the construction, use, maintenance or operation of its Facilities. GRANTEE shall repair, restore and replace any damage caused by GRANTEE, its agents, employees or contractors to lawns, driveways, parking areas, asphalt, concrete, shrubbery, trees, fences, properly permitted facilities or other property of GRANTOR (or any tenant, licensee or invitee of GRANTOR) within the Easement Area or the surrounding property which may be disturbed, damaged or removed to as C:\Documents and Settings\mwood\Local Settings\Temporary Internet Files\OLK2D7\CLW MALL PH II SW - UTIL EAS 092407.doc nearly as possible their original conditions. GRANTEE shall remove all trash and other debris from the Easement Area and shall restore the surface thereof as nearly as possible to its original condition. GRANTOR reserves the right to make use of the Easement Area herein granted in a manner which is not inconsistent with the rights herein conveyed, or which does not materially interfere with the use of the Easement Area by GRANTEE for the purposes of this agreement. GRANTEE shall indemnify, defend and hold harmless GRANTOR and all of the GRANTOR'S agents, employees, representatives and/or successors and assigns from and against all claims, damages, liabilities, expenses, losses, suits and actions, including attorney's fees, and any damage to lawns, crops, driveways, parking area, asphalt, concrete, shrubbery, trees, fences or other property of GRANTOR, its tenants, licensees or invitees, arising or resulting from the installation, operation, maintenance, repair, renewal, use, replacement or removal of GRANTEE'S Facilities or other exercise by GRANTEE of its rights hereunder, provided however, that in no event or under any circumstances shall this provision be construed as a consent to be sued by third parties or as a waiver of GRANTEE'S sovereign immunity, nor shall the GRANTEE incur any financial liability which would exceed statutory limits as set forth in Section 768.28, Florida Statutes. GRANTOR, upon consultation with and consent of GRANTEE, which shall not be unduly withheld, reserves the right to attach additional lines into the existing Facilities described herein. Such connections shall be done at GRANTOR'S expense, unless otherwise provided. GRANTOR makes no representation herein as to the fitness of the Easement Area for the use intended by GRANTEE. 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. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this d.>#-'-t day of Se~".-,~'e'" ,2007. CLEARWATER MALL, LLC, ?:j!eLfiiiabiliIY Company By: Print Na e ~,. ,'e. C"V'veY'. Title ~ e.. VI: 0..... 1/: Uf!.. 1''''4? ~ : ',eJ e... 1- C:\Documents and Settings\mwood\Local Settings\Temporary Internet Files\OLK2D7\CLW MALL PH II SW - UTIL EAS 092407.doc +10v.'dt.u STATE OF NEvV ,OFtK : ~:SS COUNTY OF N: ~ The for'lSlPing h]stru"lent was acj<n.llwledged before me this ~ d~ of Sept. , 2007 by LJOOLI.eS-B (}:Lrvu ,as CZN P of CLEARWATER MALL, LLC, a Florida Limited Liability Company, who, being duly authorized, did execute the foregoing ins. trum.e....nt on behalf of said entity, and who acknowledge~~e execution thereof to be his free act and deed for the uses and purposes therein expressed, and who 'fJ is personally known to me, or h produced- as identification. My Commission Expires: Type/Print Name ~,,\\'''UI''''1111. ~"~~\J- M. FRo!II,,,. ~ t;:).y ........~S ~ ~~...~~\SS/ON;~..(0 ~ ...~ v\j ~er 18 ~... ~ ~ .~ fi:'lJ '~~. ~ =*: ()f ~(J)~ = _. .._ e*_ -. -.- ~a~ 100675987 :'!(;i ~ ~ ..~- h...... . $! ..~;:: ~~/-.~~~~~...cr~ ~ rA ..~ UO/IC Vi.... .. <>V ~ ~ "'bl........ O~' ~ :fIll. ..Ie ST~i'C- ~,,~ ~/"";"Itl"\\"~ C:\Documents and Settings\mwood\Local Settings\Temporary Internet Files\OLK2D7\CLW MALL PH II SW - UTIL EAS 092407.doc J; \220-07>LS\22007-LS21-Sidewalk-ESMT.dwg - Mar 09, 2007 @ 10: 35am - Isuttlehan lHlS IS tmI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE LEGAL DESCRIPTION AND SKETCH LEGAL DESCRIPTION: PARCEL A A parcel of land being a port ion of Lot I. CLEARWATER MALL PHASE II. as recorded in Plat Book 131, page 23 of the Public Records of Pinellas County, Florida, lying within Section 17, Township 29 Sou t h, Ran gel 6 Eo s t, Pin e I I as Co u n t y, F lor i d a, be i n g mo r e par tic u I a r I y des c rib e d as f 0 I low s : COMMENCE at the Northeast corner of Lot I. CLEARWATER MALL PHASE II. as recorded in Plat Book 131, page 23 of the Public Records of Pinellas County. Florida; thence S89044'12"W, along a Northerly I i n e 0 f s aid Lot I (b e i n g the bas i s 0 f be a r i n g s for t his leg a Ide s c rip t ion), same b e i n g the Sou t h Right-of-Way I ine of Gulf to Bay Boulevard, accarding to CLEARWATER SHORES-INC.. as recorded in Plat Book 16. page 42 of the Public Records of Pinellas County, Florida, same also being 0 line 50.00 feet South of and parallel with the East-West centerl ine of Section 17. Township 29 South. Range 16 Eo st. Pin e I I as Co u n t y, F lor i do. for 53. 84 fee t tot he poi n t 0 fin t e r sect ion wit h 0 non - ton g e n t curve, concave Southwesterly. some being the point of intersection with the Westerly line of a sidewalk and street easement, according to said CLEARWATER MALL PHASE I I. some also being the POINT OF BEGINNING; thence the following four (4) courses along said Westerly line of 0 sidewalk and street easement; (I) thence leaving said Northerly I ine of Lot I. Southeasterly along the arc of said curve, from a radial bearing of SI4043'16"W. having a radius of 71.25 feet. a central angle of 65019'47", an arc length of 81.24 feet. and a chord bearing S42036'50"E for 76.91 feet to the point of intersection with a non-tangent line; (2) thence SOOoI3'59"E, for 75.67 feet; (3) thence S26055'1I"W, for 10.96 feet; (4) thence SOOoI3'59"E, for 52.76 feet; thence leaving said Westerly line of a sidewalk and street easement. N59046'14"W, for 11.20 feet; thence NOI05I'36"W. for 32.01 feet; thence N270 14' 57"E, for 9.86 feet; thence N02038'02"E, for 74.94 feet; thence N00047'42"W, for 27.22 feet to the point of curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 27.00 feet, a central angle of 7601 I '00", an arc length of 35.90 feet, and a chord bearing N38053'12"W for 33.31 feet to the point of tangent; thence N76058'42"W, for 8.93 feet to the point of curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve. having a radius of 28.00 feet, a central angle of 58022'42", an arc length of 28.53 feet. and a chord bearing N47047'21"W for 27.31 feet to the point o fin t e r s e c t ion wit h 0 non - ton g e n t I i n e. some be i n g the poi n t 0 fin t e r s e c t ion wit h s 0 i d Nor the r I y I ine of Lot I. some also being the point of intersection with said South Right-of-Way I ine of Gulf to Bay Boulevard; thence N89044'12"E. along said Northerly I ine of Lot I. some being said South Right-of-Way I ine of Gulf to Boy Boulevard. some also being said line 50.00 feet South of and parallel with the East-West centerline of Section 17, for 5.35 feet to the POINT OF BEGINNING. LEGAL DESCRIPTION CONTINUED ON SHEET 2 NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN is BASED UPON THAT CERTAIN SURVEY BOUNDARY TITLED "LOT I. CLEARWATER MALL PHASE I I". PREPARED BY FLORIDA DESIGN CONSULTANTS. iNC., JOB NUMBER 220-07, DATED 3-15-2005 LAST REVISED 9-19-06 AND RECORD DOCUMENTS REFERENCED HEREON. PREPARED FOR: NEW PLAN EXCEL REALTY TRUST SHEET DESCRIPTION: SCALE: NONE DATE: CLEARWATER MALL PHASE II SIDEWALK EASEMENT DRA\\N: . 4 CALCED: LCS \Iv- LCS SECTION:' TOYttolSHIP: I CHECKED: t/1/ DWMD RANGE: SEE SHEETS 1-2 FOR LEGAL DESCRIPTION SEE SHEET 3 FOR SKETCH 3-9-07 JOB No.: EPN: 220-07 17 29 S 16 E j FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS J1 ]) SURVEYORS 8 PLANNERS 3030 Starkey Blvd. New Port Richey, Florida 34655 (727) 849-7588 Certificate of Authorization: LB 6707 State of Florida NOT-VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVE'(OR AND MAPPER. ~ ......~-- r- -- DA VID -WILLIAM McDANIEL PROFESSIONAL "'SVRVEYORAND MAPPER LICENSE NUMBI;RLS 5840 STATE OF :FLORIDA '~"'.~ @Copyright 2007 Florida Design Consultants, Inc. Drawings and concepts may not be used or reproduced without written permission. Sheet -L of 3 J: \220-07\LS\22007-LS21-Sidewalk-ESMT.dwg - Mar 09, 2007 @ 10: 4Bam - Isuttlehan THIS IS tmI A SURVEY HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE LEGAL DESCRIPTION AND SKETCH ............................... TOGETHER WITH: PARCEL B A parcel of land being a portion of Lot I, CLEARWATER MALL PHASE II, os recorded in Plot Book 131, page 23 of the Public Records of Pinellas County, Florida, lying within Section 17, Township 29 Sou t h, Ran gel 6 Eo s t, Pin e I I as Co u n t y, F lor i d a, be i n g mo r e par tic u I a r I y des c rib e d 0 s f 0 I low s : COMvIENCE at the Southeast corner of Lot I, CLEARWATER MALL PHASE II, os recorded in Plot Book 131, page 23 of the Public Records of Pinellas County, Florida; thence NOooI3'59"W, along the East line of said Lot I (being the basis of bearings for this legal description), some being the West Right-of-Way line of Sky Harbor Drive, according to Official Records Book 4128, page 1796 of the Public Records of Pinellas County, Florida, for 56.21 feet; thence leaving said East line of Lot I, S89046'01"W, for 2.42 feet to the point of intersection with the Westerly line of 0 sidewalk and street easement, according to said CLEARWATER MALL PHASE I I, some being the POINT OF BEGINNING; thence S020I7'36"W, along said Westerly line of a sidewalk and street easement, for 31.46 feet to the point of intersection with a non-tangent curve, concave Northwesterly; thence continue along said Westerly line ot 0 sidewalk and street easement, Southwesterly along the arc of said curve, from 0 radial bearing of N7I034'52"W, having 0 radius of 38.67 feet, 0 central angle of 16040' 12", on arc length of 11.25 feet, and 0 chord bearing S26045'14"W for 11.21 feet to the point of intersection with 0 non-tangent line; thence leaving said Westerly line of 0 sidewalk and street easement, NOI033'33"E, for 21.32 feet; thence NI0025'07"E, for 15.57 feet; thence N3I007'02"E, for 5.63 feet to the POINT OF BEGINNING. PARCEL A containing I ,70S square feet or 0.039 acres, more or less. PARCEL B containing 147 square feet or 0.003 acres, more or less. TOTAL AREA containing 1,852 square feet or 0.042 acres, more or less. Errors of closure: Parcel A is 0.0147 feet and Parcel B is 0.0006 feet (LCS) NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN IS BASED UPON THAT CERTAIN SURVEY BOUNDARY TITLED "LOT I. CLEARWATER MALL PHASE I I". PREPARED BY FLORIDA DESIGN CONSULTANTS, INC.. JOB NUMBER 220-07. DATED 3-IS-200S LAST REVISED 9-19-06 AND RECORD DOCUMENTS REFERENCED HEREON. PREP ARED FOR: NEW PLAN EXCEL REALTY TRUST SHEET DESCRIPllON: CLEARWATER MALL PHASE II SIDEWALK EASEMENT SCALE: DATE: DRAWN: jJ CAlCED: $- CHECKED: NONE 3-9-07 LCS LCS /1r DWMD JOB No.: EPN: SE CllON: TOWNSHIP: RANGE: 220-07 - 17 29 S 16 E SEE SHEETS 1-2 FOR LEGAL DESCRIPTION SEE SHEET 3 FOR SKETCH I[ I FLORIDA DESIGN CONSUL rANTS, INC. ENGINEERS, ENVIRONMENTALISTS 11 1) SURVEYORS 8 PLANNERS 3030 Starkey Blvd. New Port Richey, Florida 34655 (727) 849-7588 Certificate of Authorization: LB 6707 State of Florida AND NOT VALID WITHOUT THE SIGNATURE THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. . - ~~ ,..... ... DAVID WILLIAM McDANJ.EL PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS. 5840 STATE OF ..FlORlDA @Copyright 2007 Florida Design Consultants. Inc. Drawings and concepts moy not be used or reproduced without written permission. Sheet ~ of 3 J:\22o-o7\LS\22oo7-LS21-Sidewalk-ESMT.dwg - Mar 09, 2007 @ 1o:47am - Isuttlehan THIS IS NQI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT ViAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE LEGAL DESCRIPTION AND SKETCH GULF - TO-BAY BLVD N E-W CENTERLINE OF SEC 17-29S-16E(PB 131, PG 23) LEGEND ---------,------------------- BL VD = Boulevard 50' RjW PER ~ POB(A) COR = Corner PB 16, PG 42 POC(A) ESMT = Easement L11 L1 NE COR LOT 1 N'LY = Northerly ORB = Official Records Book / ~ PB 131. PO 23 PB = Plot Book C3 C} PG = Page(s) BEARING BASIS (A) L 10 STREET & SIDEWALK ESMT POB = Point of Beginning i;- POC = Point of Commencement N'L Y LINE LOT 1 PB 131, PG 23 I PER PB 131, PG 23 RjW = Right-of-Way S RjW LINE GULF TO BAY BLVD C2 r I SEC = Section lD r--- W'L Y LINE STREET & SIDEWALK W'LY = Westerly ESMT PER PB 131, PG 23 PARCEL A AREA= r 0 50 100 1705 SQUARE FEET "-> ~ I OR 0.039 ACRES, 1IO I MORE OR LESS -l I ~ 1" = 100' " "'''> 0:: <D 0 0> ~l r ~ ..... LINE TABLE I A~ 1 0:: [5 ~ LINE BEARING LENGTH l.UI , r ~ Oo..~ TOTAL AREA= :LEAR'l:A -rER ~ . A I I ~S~ L1 S89'44'12"W 53.84' IVlnL..L. m~ - 1852 SQUARE FEET ~)HASE 1: 0:: ...... lO L2 Soo'13'59"E 75.67' ",N OR 0,042 ACRES, L3 S26'55'11"W 10.96' ~)a i3~ Dr' 0, <. ;;: I \7 4.,... :I: f5 CD MORE OR LESS L4 SOO'13'59"E 52.76' I '" L5 N59'46'14"W 11.20' I > 0 L6 N01'51'36"W 32.0'- W'CY ""' "'En. .DE.,,,, ~ ~ ';W ""' ." ""'"0' 0'"'' L7 N27'14'57"E 9.86' L8 N02'38'02"E 74.94' L9 NOO'47'42"W 27.22' ESO" '" PB "'. PO 23 ~ ' U", LO' 1 PB "'. PO 23 L10 N76'58' 42"W 8.93' I BEARING BASIS (B) L11 N89'44'12"E 5.35' POB(B) L12 NOO'13'59"W 56.21' 11/13 L13 S89'46'01"W 2.42' L17--...: L14 L14 S02'17'36"W 31.46' L15 N01'33'33"E 21.32' L16 _ PARCEL B AREA= L16 N10'25'07"E 15.57' STREET & SIDEWALK ESMT L15--..j r 147 SQUARE FEET L17 N31'07'02"E 5.63' PER PB 131, PG 231~ ;;J OR 0.003 ACRES, S LINE LOT 1 PB 131, PG 23 I"- C4 MORE OR LESS CURVE TABLE CURVE RADIUS LENGTH CHORD BEARING DELTA RADIAL BEARING I r,\"T S< POC(B) C1 71.25' 81.24' 76.91' S42'36'50"E 65'19'47" S14'43'16"W L.VI .... ~L.EARVv/A -rER ~ J A I I SE COR LOT 1 C2 27.00' 35.90' 33.31' N38'53'12"W 76'11'00" - IVIf"'\LL. ~)a ~ 25, Dr' 2i-29 PB 131, PG 23 C3 28.00' 28.53' 27.31' N47'47'21"W 58'22'42" - , " C4 38.67' 11.25' 11.21' S26'45'14"W 16'40'12" N71'34'52"W NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN IS BASED UPON THAT CERTAIN SURVEY BOUNDARY TITLED "LOT I. CLEARWATER MALL PHASE I I". PREPARED BY FLORIDA DESIGN CONSULTANTS. INC.. JOB NUMBER 220-07. DATED 3-15-2005 LAST REVISED 9-19-06 AND RECORD DOCUMENTS REFERENCED HEREON. PREPARED FOR: NEW PLAN EXCEL REALTY TRUST SHEET DESCRIPTION: CLEARWA TER MALL PHASE II SIDEWALK EASEMENT SCALE: DAlE: DRAWN: i CAlCED: A CHECKED: SEE SHEETS 1-2 FOR LEGAL DESCRIPTION I" = 100' 3-9-07 LCS LCS DWMD SEE SHEET 3 FOR SKETCH JOB No.: EPN: SECTION: I TOWNSHIP: RANGE: 220-07 - 17 29 5 16 E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS \ ~ 11 1) SURVEYORS 8 PLANNERS J - 3030 Starkey Blvd. ~. New Port Richey, Florida 34655 DAVID WILliAM McDANIEL (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER. L.s 5840 State of Florida STArE OF- FLORIDA @Copyright 2007 Florida Design Consultants, Inc. Drawings and concepts may not be used or reproduced without written permission. Sh eet 3 of 3 1 " --- 1l1~Ich, STATE OF Ne'.V '(ORI{ ~ :ss COUNTY OF' ft'K : II AFFIDAVIT OF NO LIENS II BEFORE ME, the undersigned authority, personally appeared CL-tIJlf.,.hfL c.~"--II~"" ,as Se'l:IJV" v,'(.of!. /!--~).'P{~....f-of CLEARWATER MALL, LLC, a Florida Limited Liability Company, whom, being first duly sworn, does depose and say: 1. That said Limited Liability Company is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: CLEARWATER MALL PHASE II, Lot 1, according to the map or plat thereof as recorded in Plat Book 131, Page 23 & 24, public records of Pinellas County, Florida. 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, except: (if none, enter "NONE". If left blank, it will be deemed that "NONE" is entered.) 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: (if none, enter "NONE". If left blank, it will be deemed that "NONE" is entered.) 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 purpose of inducing the CITY OF CLEARWATER, ORIDA, its agents, successors and assigns to rely thereon. CLEARWATER MALL, LLC, a FI ida Limited Liability Company ame C /44 V'" /: t!!' ~""veY" Se ".,; c"'" /,.I: Leo 1""'.,....~;,Le....f- C:\Documents and Settings\mwood\Local Settings\Temporary Internet Files\OLK2D7\CLW MALL PH II SW- UTIL EAS 092407.doc ,I ,;' -.:; Sworn to and subscribed to before me this ~intITY e Name c9'5~aYOf~ q /; 8/riJ ""A \\\lu",MY Commission Expires #'~'t \l\. FAIJj!J!II~ ~ ~V~ ....... (,.<> ~ ~~(j..-;~\SSION 4;..~<<'~ ~ ~ "r~ ",,\'ler 18.,~.. ~ " . v ~,.". '0 r~. I' ::: .~~ ~<P. ~ = ::tCZJ ~ :*: =*: en .... : = - · 00-'. ~= ~A'.. #00675 " $.:~::: _.M; . ~ - ~ 0 · 1t.. 8ondtrA~;l:i!" C5 ~ ~ -?.J'I...~1-o.":i' ;...NA\'f"..~'*. ~ 'T!- . '1IDlIC\J"~:.. ~ ~ ~rA~.......:.c.a ~ 'II;" vtiLlC 51 t'.,.... ~,,'l ~"'''"i",''\\''\ C:\Documents and Settings\mwood\Local Settings\Temporary Internet Files\OLK2D7\CL W MALL PH II SW - UTIL EAS 092407.doc ,2007.