BOOS-GULF-TO-BAY & KEENE, LLC (2)
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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# 2007346067 10/26/2007 at 09:10 AM
OFF REC BK: 16030 PG: 2174-2178
DocType:EAS RECORDING: $44.00
D DOC STAMP: $0.70
Parcel I. D. No. 14-29-15-85950-001-0030, et al
II SANITARY SEWER 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, BOOS-GULF-TO-BAY & KEENE, LLC, a Florida
limited liability company, 2651 McCormick Drive, Clearwater, Florida 33759-1041 ("Grantor") does hereby grant
and convey to the CITY OF CLEARWATER, FLORIDA. a Florida Municipal Corporation ("Grantee"), a non-
exclusive, limited purpose easement over, under and across the following described land lying and being situate in
the County of Pinellas, State of Florida. to wit:
A 10.00 foot wide strip of land being a portion of Lots 2, 3, 6 and 8, Block A, together with a portion
of the 60.00 foot right-of-way for Florida Avenue, vacated by Official Records Book 15762, Pages
1993, adjacent to said lots, all being of SUBURB BEAUTIFUL SUBDIVISION, as recorded in Plat
Book 13, Page 61, Public Records of Pinellas County, Florida, as more particularly described and
depicted in EXHIBIT "A", Pages 1 and 2, appended hereto and by this reference made a part hereof
("Easement Premises") .
This easement is for sanitary sewer Installation and maintenance only. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described premises to construct, Install and maintain
therein sanitary lines, and to Inspect and alter such sanitary lines 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 facilities at all times during the exercise of rights granted herein for Grantor and
the general public, and that it shall promptly restore the Easement Premises and any affected areas surrounding
the Easement PremIses upon completion of any project 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. Grantee
further represents and warrants that It shall dl/lgently pursue the completion of all work activities In a timely manner
Grantor warrants and covenants with Grantee that it 15 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.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or Invltees use or
occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the sanitary
Jines constructed within the easement premises to facilitate further development or redevelopment of the property
U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS OB07.doc
, "
encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee,
shall provide an alternate easement for the constructed sanitary lines, and shall at its sole cost and expense
reconstruct the sanitary lines within the alternate easement. Upon completion of the sanitary lines relocation
Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of
Pinellas County, Florida.
Grantor shall hold harmless and indemnify Grantee if the Grantor's secured mortgagee, Wachovia Bank,
National Association, should fail to timely consent to and join with Grantor in conveyance of easement described
herein, and further subordinate its right, title and interest therein to said 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.
IN WIT~S WHEREOF, the undersigned grantor has caused these presents to be duly executed this
Z~ day of . ~sr ,2007.
Signed, sealed and deliver
in the p.
BOOS-GULF-TO-BAY & KEENE, LLC,
a Florida limited liability company
By: BOOS FLORIDA DEVELOPMENT, LLC,
a Florida limited liability company,
its sole Member
ESS signature,
J;;",.. 4hlil...
Print Witness Name
By: ~.J..~, Itt~~ .,u.tlfJ(..
Print name I2.tJE-It;r./). ~S
Managing Member
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared W~ J ~ ,
Managing Member of Boos Florida Development LLC, a Florida limited liability company, sole Managing Member
of Boos-Gulf-To-Bay & Keene, LLC, a Florida limited liability company, who executed the foregoing instrument on
behalf of said entities on the aforementioned date, and who ack9Pwledged the execution thereof to be his free act
and deed for the u and purp ses herein set forth, and who ["1 is personally known to me, or who [ ] did provide
as identification.
My commission expires:
"''',11
.:-,'],'}.\'.'!...~ Lora Logan Persson
=~,: Js .:.~ Commission # DD530220
-;";j;f."":;~*.:~' Expires April 24 2010
, for f\-,\ I
'''I'' 80naE"d Troy Fain -Insurance, Inc. 800-3~5-7019
U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS 0807.doc
LINE BEARING
L 1 588.48'50"E
L2 S64.40'09"E
L3 S64.40'09"E
L4 S31.23' 45"E
L5 SOO.16'52"W
L6 N88.59'54"W
EXHIBIT" A"
Sanitary Easement
LINE TABLE
DISTANCE LINE BEARING
246.91' L 7 S01.11'10"W
26.90' L8 N88.48'50"W
1 0.15' L9 N01.11'10"E
1.53' L10 S88.59'54"E
222.84' L11 NOO.16'52"E
130.06'
GULF-TO-BAY BLVD
(SR 60)
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SECTION 14 TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FlORIDA
PROJECT NUMBER 3562-01
DIST ANCE
12.43'
10.00'
22.40'
129.90'
218.32'
o 30 60
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SCALE: 1" =60'
SOUTH R/W
100.00' R/W
FOOT SECTION NO. 15040-2501
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BOUNDARY
CORNER ! "Q'
FLORIDA DEPARTMENT 'Of TRANSPORTATION
OFfiCIAL RECORDS BOOK
PLAT BOOK !
PAGE '
POINT Of BEGINNING
POINT Of COMMENCEMENT
RIGHT-Of-WAY
STAlE ROAD
UNllED STAlES
NOT A SURVEY
ITEM
c V S GULF-TO-BAY
& KEENE
SANITARY EASEMENT
9
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DATE
BY QC
SKETCH & DESCRIPTION 08.03.2007 SKA
H: \IN\3562\dwg\3562 SD-son.dwg
SKA
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1,2.25'
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10
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SAVED:8/6/2007 9:50 AM
-E..LOTT~Q.: tmL20.Q?__2: 3~.~
SHEET 1 OF 2
POLAR'S ASSOCIATES ING.
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
eLE ARWA TE R. FLORIDA 33764
(727) 524-6500
.
SECTION 14 TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3562-01
DESCRIPTION
A 10.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF LOTS 2, 3, 6 AND 8, BLOCK A, TOGETHER WITH A
PORTION OF THE 60.00 FOOT RIGHT-OF-WAY FOR FLORIDA AVENUE, VACATED BY OFFICIAL RECORDS BOOK 15762,
PAGE 1993, ADJACENT TO SAID LOTS, ALL BEING OF SUBURB BEAUTIFUL SUBDIVISION, AS RECORDED IN PLAT BOOK
13, PAGE 61, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2, BLOCK B; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE
OF GULF-TO-BAY BOULEVARD (AKA STATE ROAD 60), S.88'48'50"E., 246.91 FEET; THENCE S.64'40'09"E., 26.90
FEET, FOR THE POINT OF BEGINNING; THENCE CONTINUE S.64'40'09"E., 1 0.15 FEET; THENCE S.31'23' 45"E., 1.53
FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, S.00'16'52"W., 222.84 FEET; THENCE N.88'59'54"W.,
130.06 FEET; THENCE S.01'11'10"W., 12.43 FEET TO THE SOUTH LINE OF AFORESAID VACATED 60.00 FOOT
RIGHT-OF-WAY FOR FLORIDA AVENUE; THENCE ALONG SAID SOUTH LINE, N.88'48'50"W., 10.00 FEET; THENCE
LEAVING SAID SOUTH LINE, N.Ol'll'10"E., 22.40 FEET; THENCE S.88'59'54"E., 129.90 FEET; THENCE N.00'16'52"E.,
218.32 FEET TO SAID SOUTH RIGHT -OF -WA Y LINE OF GULF - TO-BAY BOULEVARD AND THE POINT OF BEGINNING.
CONTAINING 3,685 SQUARE FEET OR 0.085 ACRES, MORE OR LESS
NOTES
1. BEARINGS ARE BASED ON THE SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BLVD, BEING ASSUMED AS
S88'48'50"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, RIGHT-OF-WAYS AND OTHER MATTERS OF RECORD.
SAVED:8/6/2007 9:50 AM
PLOTTED:8/21/2007 2:34 PM
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MtETS mE' MlNiMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SUR..~YORS IN "CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLO~DA STATUTES. ' '
.I~
S~ K. ACKER
P~FESSIONAL SURVEYOR AND MAPPER
LS 6045, STATE OF FLORIDA SHEET 2 OF 2
C E R T I F I CAT I ~A{ .:.: -, '
NOT A SURVEY
ITEM
DATE
BY QC
GULF - TO-SAY
& KEENE
SANITARY EASEMENT
.
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
CLEARWATER, FLORIDA 33764
(727) 524-6500
SKETCH & DESCRIPTION 08.03.2007 SKA SKA
H: \IN\3562\dwg\3562 SD-son.dwg
: ," I. I ~
II
CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest In the real property
described herein by virtue of that certain Mortgage and Security Agreement, and other instruments of
security dated May 31,2007 given in favor of Wachovia Bank, National Association, as recorded in O.
R. Book 15823, Pages 1047 - 1073 of the public records of Pinellas County, Florida; does hereby join
with Grantor and consents to the grant of easement as conveyed In the herein described Sanitary
Sewer Easement as same shall encumber a portion of Block A, and that portion of the 60.00 foot right-
of-way of Florida Avenue vacated by O. R. 15762, Page 1993, all being of SUBURB BEAUTIFUL
SUBDIVISION, recorded in Plat Book 13, Page 61 of the Public Records of Pinellas County, Florida, as
more particularly described In said Instrument, and does hereby subordinate all of its right, title, interest
and claim in the aforementioned lien to the easement rights Grantor has conveyed therein.
ByWACi;'i=nON
;~~t N~ ,- n . f/;;~
STATE OF F IO("I'dCL
: ss
COUNTY OF _~~ba~
The foregoing instrument was aCknowledged before me this ~ day of ~~ ,
2007 by U~f\.. ~ ~ rr'€f\S , as ~. u,. Cp :s i d~ of
Wachovia Bank, National Association, mortgagee in the above-described lien, who executed said
instrument and acknowledged the execut!on jhereof to be h~ free act and deed for the uses and
purposes therein expressed, and who [L{'is personally known to me, or who [ ] did provide
as Identification.
PMlIIIFPIIIMr My Commission Expires: 9-1 )--0 P
. Wyc......MIIan L/O;Nt6l1
~ expn. s.pember 12. 2008
Type/Print Name
U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS 0807.doc
........
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~
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
j) ~ B~FQRE ME, the undersigned authority, personally appeared
~ D. .d05 , as Managing Member of Boos Florida Development,
LLC, a Florida limited liability company, sole Managing Member of Boos-Gulf-To-Bay & Keene,
LLC, a Florida limited liability company, whom, being first duly sworn, does depose and say:
1. That Boos-Gulf-To-Bay & Keene, LLC is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
Lots 1, 2, 5 and 7, inclusive, Block B, together with Lots 4,6 and 8, inclusive, and a
portion of Lots 2, 3 and 5, Block A, together with a portion of the 60.00 foot right-of-
way for Florida Avenue, vacated by Official Records Book 15762, Page 1993,
adjacent to said lots, all being of SUBURB BEAUTIFUL SUBDIVISION, as recorded
in Plat Book 13, Page 61, Public Records of Pinellas County, Florida, being more
particularly described as follows:
Begin at the Northwest corner of said Lot 2, block B; thence S88048'50"E, 246.91
feet along the South right-of-way line of Gulf-to-Bay Boulevard (AKA State Road
60); thence S64040'09"E, 37.05 feet, continuing along said South right-of-way line;
thence along the Westerly right-of-way line of Keene Road the following; thence
S31023'45"E, 25.16 feet; thence S07059'10"E, 157.84 feet; thence N88048'50"W,
30.98 feet along the South line of said Lot 5, Block A, to its Southwest corner;
thence S01018'50"E,60.00 feet along the East line of said Lot 8, Block A, to its
Southeast corner; thence leaving said West right-of-way line of Keene Road,
N88048'50"W, 280.06 feet along the South line of said Lot 8, block A and its
Westerly extension, the Easterly extension of said Lot 7, Block B and said South
line, respectively, to the Southwest corner of said Lot 7, Block B; thence
N01018'50"W, 252.35 feet along the West line of said Lots 7, 5 and 2, Block B,
respectively, to the POINT OF BEGINNING.
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 that 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.)
t\l~" ~
4. 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, and:
The encumbrance, lien and obligations imposed by that certain Mortgage & Security
Agreement dated May 31, 2007 given in favor of Wachovia Bank, National Association
(hereafter, uWachoviaU) as recorded in O. R. Book 15823, Pages 1047 - 1073, Public
Records of Pinellas County, Florida.
U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS oa07.doc
.....
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5. 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.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. 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 a drainage and utility easement to encumber the above-described property.
BOOS-GULF-TO-BAY & KEENE, LLC,
a Florida limited liability company
By:
BOOS FLORIDA DEVELOPMENT, LLC,
a Florida limited liability company,
its sole Member
_fAkf J. ~ AcAV4W44.AfUl4M-
!4J&wvr '1>. ~c:I..s
By:
Print Name
Managing Member
STATE OF FLORIDA
: 55
,\.\~~<v 'J!J, l "
::~;.-l."'~i:: ora Logan Persson
~;:,.~,);J Commission # 00530220
-::f'lJ;'i\o~" ExpIres April 24 20'10
'1'11"\ Bor,,-pc Troy l=a.n. Insurance, jPlc. e~o..3~5-7Qla
U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS OB07.doc