KW REALTY FUND IX LLC (2)CLEARWATER CITY OF -OFFICIAL
PO BOX 4748
CLEARWATER, FL 33758-4748
Return to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel I. D. No. 27-26-17-0170-00000-0030
INSTR# 2024013606 BK 10949 PG 3269
01/75/2024 09:47am Page 1 of 6
Rcpt: 2663709 Rec: 52.50
DS: 0.70 IT: 0.00
Nikki Alvarez-Sowles, Esq.
Pasco County Clerk & Comptroller
GAS UTILITY EASEMENT
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, KW REALTY FUND IX LLC, a Florida
Limited Liability company whose principal address is 2420 ENTERPRISE RD #201 CLEARWATER, FL
33763 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, whose mailing address is P.O. Box 4748 Clearwater, FL 33758-4748 ("Grantee"), a
non-exclusive, gas utility easement over, under and across the following described land lying and being
situated in the County of Pasco, State of Florida, to wit:
Physical Address List for Parcel: 27-26-17-0170-00000-0030: 2358, 2308, 2284, 2290, 2294,
2298, 2302, 2310, 2312, 2316, 2320, 2324, 2328, and 2332 GUNN HIGHWAY, ODESSA, FL
33556
As more particularly described and depicted in EXHIBIT "A" appended hereto and by
this reference made a part hereof
This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater
Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter
upon the above-described premises to construct, reconstruct, install, and maintain therein the herein
referenced natural gas transmission pipes, together with appurtenances thereto (collectively,
"Facilities"), and to inspect 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. Grantor and Grantee, for themselves, their heirs, successors, and assigns, agree as
follows:
1. Grantor hereby grants to Grantee, its successors and assigns a non-exclusive three (3) feet
easement (herein referred to as the "Easement Area"), in perpetuity on, over, under, across and
through the Servient Property described in Exhibit "A", attached hereto, for the purpose of
constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant
equipment for the provision of natural gas as the same may be installed from time to time; with the
right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of
them within the Easement Area. In the event the Easement Area crosses any roadway, sidewalk or
other impervious area, Grantor will require Grantee to perform installations and repairs without
removing said surface improvement. This may require a directional bore or other contractor suggested
and owner approved method.
2. The legal description on the accompanying Exhibit "A" attached hereto and incorporated herein
by this reference, will be replaced with a Descriptive Easement, one and a half (1.5) feet on either side
of all facilities installed/as-built by GRANTEE, as will be shown on a certified surveyed sketch and
legal description to be provided by GRANTEE within sixty (60) days after the installation of facilities
by GRANTEE. The easement will then be recorded in the public record with the Descriptive Easement
attached as Exhibit "A".
3. Grantee by acceptance hereof, agrees to construct, repair, and maintain, at its sole cost and
expense, the Facilities which shall comply with all applicable rules and regulations. In the event
Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any
Facilities, Grantee shall thereafter restore any improvements, including landscaping and related
[GM15-2064-066/258069/1] GM15-2064-066/257077/1
irrigation, disturbed thereby to as near as practicable the condition which existed prior to such
activities.
4. The Grantor shall have and retains the right to construct improvements on, maintain and utilize
the Easement Area (including, but not limited to, the construction of driveways, parking areas,
landscaping, and related improvements) provided such construction does not unreasonably impair
Grantee's access to the Easement Area or Grantee's ability to repair, replace and service the Facilities
within the Easement Area.
5. Nothing herein shall create or be construed to create any rights in or for the benefit of the
general public in or to the Easement Area.
6. This Easement shall not be changed, altered, or amended except as to the Descriptive
Easement as contemplated in section 2, above, or by an instrument in writing executed by Grantor
and Grantee or their respective successors and assigns; provided, however, that in the event Grantee
shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter,
release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this
Easement.
7. This Easement and all conditions and covenants set forth herein are intended to be and shall
be construed as covenants running with the land, binding upon, and inuring to the benefit of Grantor
or Grantee, as the case may be, and their respective successors and assigns.
8. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the
herein described Servient Parcel, 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.
The Remainder of this Page Intentionally Left Blank
[GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1
IN WITNESS WHEOF, the undersigned Grantor has caused these presents to be duly executed this
3.d day of e) , 2023
Signed, sealed, and delivered
In the presence of: - KW R TY N , -LLC
WITNESS signature
1)) c, c ,a
Print Witness Name
WITNESS signature
Kaa-h fie() u) 01-r
Print Witness Name
STATE OF Float 6
COUNTY OF l cvt1.(,(,41
The foregoing instrument was acknowledged Wore me by means ofXphysical presence or 1=1online notarization, this Mn 3,2641 (date) by [xr_he.tV�AcL i &
(name of member, manager, officer or agent, title of member, manager,' officer or agent), of KW REALTY
FUND IX LLC, a Florida limited liability company, on behalf of the company, who is personally known to
me or has produced as identification.
: ss
By:
Print Name:
Title:
-...,,r Kathleen Wolf
* Notary Public, State of Florida
Commission No. ��es36063
08/25l24
Nr.*61 My Commission Exp
[GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1
Signature of person taki acknowledgment
knowledgment
Ka+hteen Wt if-
Name
f
Name typed, printed or stamped
Title or rank
Serial number, if any
Exhibit "A"
(Legal Description of Property)
PARCEL 1:
LOT 3, ASHLEY LAKES COMMERCIAL, AS RECORDED IN PLAT BOOK 89, PAGES 42 THROUGH
45, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
ALSO DESCRIBED AS FOLLOWS:
A PORTION OF TRACTS 15,16 AND 17 OF THE LYON COMPANY'S SUBDIVISION, AS PER THE MAP
OF PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, OF THE PUBLIC RECORDS OF PASCO
COUNTY, FLORIDA, AND A PORTION OF FORTUNE STREET (60 FOOT VACATED RIGHT-OF-WAY
AS RECORDED IN OFFICIAL RECORDS BOOK 3453, PAGE 433, PUBLIC RECORDS. OF PASCO
COUNTY, FLORIDA, ALL LYING IN THE SOUTHEAST 114 OF SECTION 27, TOWNSHIP 26 SOUTH,
RANGE 17 EAST, PASCO COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF TRACT "L-1 ", ASHLEY LAKES PHASE 1, AS
RECORDED IN PLAT BOOK 48, PAGES 62 THROUGH 67, PUBLIC RECORDS OF PASCO COUNTY,
FLORIDA; RUN THENCE N00°18'12"E ALONG THE EAST RIGHT-OF-WAY LINE OF GUNN HIGHWAY
A DISTANCE OF 296.10 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N0O° 18'12"E
ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 575.55 FEET; THENCE S89°41'48"E A
DISTANCE OF 272.92 FEET; THENCE S00°27'20"W A DISTANCE OF 72.20 FEET; THENCE
N89°41'48"W A DISTANCE OF 5.60 FEET; THENCE S00°18'12"W A DISTANCE OF 503.37 FEET;
THENCE N89°41'48"W A DISTANCE OF 267.13 FEET TO THE POINT OF BEGINNING.
[G M 15-2064-066/258069/1 ] GM 15-2064-066/257077/1
LEGAL DESCRIPTION AND SKETCH
EXHIBIT A
DESCRIPTION:
A 5.00 foot wide strip of land being a portion of Lot 3B, of ASHLEY LAKES COMMERCIAL LOT 3 REPLAT, according to the map or plat thereof
as recorded in Plat Book 93, Page 61, of the Public Records of Pasco County, Florida, Tying within Section 27, Township 26 South, Range 17
East, Pasco County, Florida, being more particularly described as follows:
COMMENCE at the Southwest corner of said Lot 3B; THENCE run Northerly along the East Right of Way line of Gunn Highway (County Road
587), a varying width public Right of Way per said ASHLEY LAKES COMMERCIAL LOT 3 REPLAT, N00°18'25"E a distance of 1.62 feet to the
POINT OF BEGINNING; THENCE continuing Northerly along said East Right of Way line, N00°1825"E a distance of 5.00 feet to a point;
THENCE departing said East Right of Way line, run S89°21'17"E a distance of 64.56 feet to a point; THENCE run N84°02'29"E a distance of
7.93 feet to a point; THENCE run S89°33'08"E a distance of 187.69 feet to a line parallel with and 5.00 feet Westerly of the East boundary line of
said Lot 3B;THENCE run Northerly along said 5.00 foot Westerly parallel line, N00°18'25"E a distance of 365.35 feet to the Northerly boundary
line of said Lot 3B; THENCE departing said 5.00 foot Westerly parallel line, run Easterly along said Northerly boundary line, S89°41'35"E a
distance of 5.00 feet to aforesaid East boundary line; THENCE departing said Northerly boundary line, run Southerly along said East boundary
line, S00°1825"W a distance of 370.36 feet to a point, said point being 1.63 feet Northerly, as measured along the East boundary line of said
Lot 3B, of the Southeast corner of said Lot 3B; THENCE departing said East boundary line, run N89°33'08' W a distance of 192.42 feet to a point;
THENCE run S84°02'29' W a distance of 7.94 feet to a point; THENCE run N89°21'17' W a distance of 64.82 feet to the POINT OF BEGINNING.
The above described parcel of land contains 0.072 acres (3,152 square feet), more or less.
THIS IS NOT A SURVEY
John J
Beland
Digitally signed by John J Beland
DN: c=US, o=MCKIM AND CREED,
dnQual iffier=A0141000000018A4
BAEC9A50000A9D5,cn=John1
Beland
Date: 2024.01.02 17:52:58 -05'00'
JOHN BELAND, PSM DATE
FLORIDA CERTIFICATE No. 7004
McKIM & CREED, INC.
Note: Not Val'd without the original signature and embossed seal, or the
digital seal and signature, of a Florida licensed surveyor and mapper.
�trl@�f1Y81@r �/St811!
W)1tGas
a Greener
PREPARED BY: •
'McKIM&CRulayant EED
Tampa, F3 L
33624
Phone (813) 548.3740
Business Certificate LB 7917
BY
DATE
DRAWN
JJB
12/31/23
2308 GUNN HIGHWAY
GAS LINE EASEMENT
Project #: 03288-0004,
18SURV
REVISION
BY
DATE
CHECKED
DJR
1/2/24
PID 27-26-17-0190-00000-003B PASCO COUNTY
LOT 3B, PB 93, PAGE 61
SHEET 1 OF 2
:\03288\0004\Geomatics\18SURV\92-C3D\04-S&D\v0\03288-0004_18SURV v0.dwg
PLOT DATE = 1/2/2024 5:52 PM
EXHIBIT A SECTION 27, TOWNSHIP 26 SOUTH, RANGE 17 EAST
THIS IS NOT A SURVEY
ABBREVIATIONS:
COR - CORNER
LB - LICENSED BUSINESS
LOT 3A,
ASHLEY LAKES COMMERCIAL LOT 3 REPLAT
PB 93, PAGE 61 S89°41'35"E 5.00'
PID 27-26-17-0190-00000-003A
KW REALTY FUND IX, LLC
No. - NUMBER
ORB - OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PID - PARCEL IDENTIFICATION NUMBER
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
PSM - PROFESSIONAL SURVEYOR & MAPPER
RNV - RIGHT OF WAY
SQ FT - SQUARE FEET
SW - SIDEWALK
NOTES:
(ORB 10660, PAGE 3523)
N BOUNDARY LINE OF LOT 3B
1. This Sketch and Description was prepared without the benefit of a Title Report; there may exist easements,
encumbrances, and Rights of Way not shown in this Sketch and Description.
2. Bearings shown hereon are Grid Bearings based on the Florida State Plane Coordinate System, West Zone,
1983 North American Datum, 2011 Adjustment (NAD83/2011); the East boundary line of Lot 3B, of ASHLEY
LAKES COMMERCIAL LOT 3 REPLAT, according to the map or plat thereof as recorded in Plat Book 93,
Page 61, of the Public Records of Pasco County, Florida, having a bearing of S00°18'25"W, is referenced as
the Bearing Basis for this Sketch and Description.
3. Instruments of record shown hereon are referenced to the Public Records of Pasco County, Florida.
4. Easement area shown hereon is based on both field locations by McKim & Creed of markings designated by
Clearwater Gas for the portion along the South boundary line of Lot 3B and a 5.00' offset of the East
boundary line of Lot 3B at the direction of Clearwater Gas Systems.
5. Certified to Clearwater Gas Systems.
N00°18'25"E
5.00'
POB
NO0° 18'25"E
1.62'
POC
SW COR
OF LOT 313
a
111 III
64.56'
S89°21'17"E
PID 27-26-17-0190-00000-003B
KW REALTY FUND IX, LLC
(ORB 10660, PAGE 3523)
LOT 3B,
ASHLEY LAKES COMMERCIAL LOT 3 REPLAT
PB 93, PAGE 61
0
25
50
GRAPHIC SCALE 1" = 50'
5.00'
EASEMENT CONTAINS
±0.072 ACRES (3,152 SQ FT)
POTABLE WATER UTILITY EASEMENT (PER PB 93, PAGE 61)
SANITARY SEWER EASEMENT (PER PB 93, PAGE 61)
DRIVEWAY C EASEMENT (PER ORB 10511, PAGE 338)
—N84°02'29"E 7.93'
8
A LINE PARALLEL WITH AND 5.00'
W OF E BOUNDARY LINE OF LOT 3B
10' LANDSCAPE BUFFER EASEMENT —
(PER ORB 10511, PAGE 338)
S89°33'08"E 187.69'
00°18'25"E
0
0
0
V/
5.00'
N89°21' 17"W —
64.82'
— N89°33'08"W 192.42' —
PID 27-26-17-0170-00000-0040
AG ODESSA RE HOLDINGS, LLC
(ORB 10930, PAGE 3273)
S BOUNDARY LINE OF LOT 3B
—S84°02'29"W 7.94'
\Clearw'ater Gas System
jthGas
LI a Greener
SE COR OF
LOT 3B
PREPARED BY:
' MC3 KIM&CRard, EED
E
Tampa, FL 33624
Phone (813) 549.3740
Business Certificate. LB 7917
BY
DATE
DRAWN
JJB
12/31/23
2308 GUNN HIGHWAY
GAS LINE EASEMENT
Project #: 03288-0004,
18SURV
REVISION
BY
DATE
CHECKED
DJR
1 /2/24
PID 27-26-17-0190-00000-003B PASCO COUNTY
LOT 3B, PB 93, PAGE 61
SHEET 2 OF 2
FILE PATH =I: \ 03288 \ 0004\ Geomatics \18SURV\92-C3D \04-S&D\v0\03288-0004
PLOT DATE = 1/2/2024 5:52 PM
lA
0
M
0
0
w
IX
a DS: 0.00 IT: 0.00
co
AFFIDAVIT OF NO LIENS Nikki Alvarez -Smiles, Esq.
LL v Pasco County Clerk & Comptroller
o N
STATE p�.t,Cct
LL : ss
o v COUNTY OF ittz,((c,S
a CE
e c,CCt cI, i'E Ra`} kr k , (name of member - - • officer or agent, title
wm w of member, manager, officer o agent), of KW REALTY FUND IX LLC, whom, .eing duly authorized does
a _.1 depose and say:
INSTR# 2024013607 BK 10949 PG 3275
01/25/2024 09:47am page 1 of 5
Rept: 2663709
Rec: 44.00
�I-
1. That KW REALTY FUND IX LLC is the owner of legal and equitable title to the following described
property in Pasco County, Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended hereto and by
this reference made a part hereof
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 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.)
jt% v""'n c e E co v it e vir' z r t4 1 (c ;.tdr-' t vi DFS 66--, A 1 CI 0t1 -ye , 1{ 77
1VJ tcp c'- ('Jvtovv.4ceu4a;44- (c,,,c1,-4 tci e k%o4_ 2'176
4. That there are no liens or encumbrances of any nature affecting the title of the property herein
described, except leasehold tenancies, 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.)
MORT&0)6-iL fiecucztet "i 3cc:1{ lot CI 353 ;
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 gas utility
easement to encumber the above-described property.
[GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1
Signed, sealed, and delivered KW REALTY FUND IX LLC
In the presence of:
By:
WITNESS signature // /
(c..'"��
Print Witness Name
WITNESS sign
KathIee,i ,f04-
Print Witness Name
STATE OF t( `?k cLk
Print Name: IA • 0,1)ti �Z
Title: j6z
The foregoing instrument was acknowledged pejtbre,me by, rt�yns of C-hysical presence or 1=1online notarization, this P\c 3, 2 - 3 (date) by (� k 1 4-0-0 4_ k ?'kE3,1
(name of member, manager, fficer or agent, title of member, manager, ofF er or agent), of KW REALTY
FUND IX LLC, a Florida limited liability company, on behalf of the company, who is personally known to
me or has produced as identification.
Kathleen Wolf
* .* Notary Public, State oY'F
Commission No. HH
Florida
%s 36063
My Commission Expires: 08/25/24
[GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1
eel
of person kin
Signaturep g acknowledgment
u)
Name typed, printed or stamped
Title or rank
Serial number, if any
Fidelity National Title Insurance Company
SCHEDULE B SECTION II
EXCEPTIONS
AMERICAN LAND TITLE ASSOCIATION COMMITMENT
Order No.: 9270999
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED
IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT,
CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against Toss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction
of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this form.
2. Taxes and assessments for the year 2021 and subsequent years, which are not yet due and payable.
3. Standard Exceptions:
A. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land.
B. Rights or claims of parties in possession not shown by the public records.
C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished,
imposed by law and not shown by the public records.
D. Taxes or assessments which are not shown as existing liens in the public records.
4. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including
submerged, filled or artificially exposed lands accreted to such land. (As to Parcel 2)
5. Rights of tenants occupying all or part of the insured land under unrecorded leases or rental
agreements. (as to all Parcels)
6. Easement in favor of Florida Power Corporation set forth in instrument recorded in Deed Book 175, Page
123. (as to Parcels 2, 3 and 4)
7. Terms, conditions and provisions of that certain Permanent Slope Easement and Temporary Construction
Easement Agreement by and between NAP Gunn 54 LLC, a Florida limited liability company and Centex
Homes, a Nevada general partnership recorded in Official Records Book 5320, Page 492. (as to Parcel 2)
8. Terms, conditions and provisions of that certain Flood Plan Stormwater Storage Easement and
Temporary Construction Easement Agreement by and between NAP Gunn 54 LLC, a Florida limited
liability company and Centex Homes, a Nevada general partnership recorded in Official Records Book
5320, Page 503. (as to Parcel 2)
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and
Schedule B, Part 11 - Exceptions
C165C09 ALTA Commitment (811/2016) (with FL Modifications)
5 of 9
Fidelity National Title Insurance Company
Order No.: 9270999
SCHEDULE B SECTION II
EXCEPTIONS
AMERICAN LAND TITLE ASSOCIATION COMMITMENT
9. Terms, conditions and provisions of that certain Temporary Drainage Easement Agreement by and
betw- n NAP Gunn 54 LLC, a Florida limited liability company and Hess Corporation, a Delaware
cor-oration recorded in Official Records Book 6977, Page 1414, as affected by Release of Land From
ainage Easement Agreements, recorded in Official Records Book 9818, Page 3565. (as to Parcels 2
and 3)
10. Terms, conditions and provisions of that certain Drainage Easement Agreement by and between NAP
Gunn 54 LLC, a Florida limited liability company and Hess Corporation, a Delaware corporation recorded
in Official Records Book 7529, Page 1709, as affected by Release of Land From Drainage Easement
Agreements, recorded in Official Records Book 9818, Page 3565. (as to all Parcels)
11. Term , conditions and provisions of that certain Reciprocal Access Easement Agreement by and between
NA Gunn 54, LLC, a Florida limited liability company and Hess Corporation, a Delaware corporation
r corded in Official Records Book 7529, Page 1721, as amended by First Amendment to Reciprocal
Access Easement Agreement, recorded November 16, 2018 in Official Records Book 9818, Page 3552.
(as to Parcels 1, 2 and 3)
12.Te ms, conditions and provisions as set forth in that certain Landscape Buffer Easement Agreement by
d between Suncoast TK Gunn Hwy, Inc., a Florida corporation and Huntley Properties, LLC, a Florida
limited liability company, f/k/a Hardy Huntley Properties, LLC, recorded in Official Records Book 9809,
Page 1171. (as to Parcels 1, 3 and 4)
13.Terms and conditions of that certain lease by and between SunCoast TK Gunn Hwy Inc., and TBD Retail
Group, Inc., a memorandum of which was recorded in Official Records Book 9817, Page 1354, as
affected by that certain Assignment and Assumption of Lease recorded in Official Records Book 9913,
Page 2199. (as to Parcel 2)
14. Easement in favor of Duke Energy Florida, LLC, a Florida limited liability company, d/b/a Duke Energy
recorded in Official Records Book 9841, Page 1693. (as to Parcel 2)
15. Right -Of -Way Easement in favor of Pasco County recorded in Official Records Book 9890, Page 395 (as
to Parcel 2)
16. Utility Easement in favor of Pasco County recorded in Official Records Book 9890, Page 400. (as to
Parcel 2)
17. Conditional Pump Station Easement granted by Suncoast TK Gunn Hwy, Inc., recorded in Official
Records Book 9891, Page 1340. (as to Parcel 2)
18.Terms, conditions and provisions of that certain Declaration of Covenants, Conditions and Restrictions
for Ashley Lakes Commercial by and between Suncoast Ashley Lakes Commercial, Inc., a Florida
corporation and Alpha Real Estate, LLC, a Florida limited liability company recorded in Official Records
Book , Page . (as to Parcels 1 and 2)
NOTE: Recorded Notice of Environmental Resource Permit, recorded in Official Records Book 9792, Page
3540. (Shown for Informational Purposes Only)
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and
Schedule B, Part 11- Exceptions
C165C09 ALTA Commitment (8/1/2016) (with FL Modifications)
6 of 9
Fidelity National Title Insurance Company
SCHEDULE B SECTION II
EXCEPTIONS
AMERICAN LAND TITLE ASSOCIATION COMMITMENT
NOTES ON STANDARD EXCEPTIONS:
Order No.: 9270999
Item 3A will be deleted from the policy(ies) upon receipt of an accurate survey of the Land acceptable to the
Company. Exception will be made for any encroachment, setback line violation, overlap, boundary line
dispute or other adverse matter disclosed by the survey.
Items 3B, 3C, and 3D will be deleted from the policy(ies) upon receipt of an affidavit acceptable to the
Company, affirming that, except as disclosed therein (i) no parties in possession of the Land exist other
than the record owner(s); (ii) no improvements have been made to the Land within 90 days prior to closing
which have not have been paid for in full; and (iii) no unpaid taxes or assessments are against the Land
which are not shown as existing liens in the public records. Exception will be made for matters disclosed in
the affidavit.
NOTE: All recording references in this form shall refer to the public records of Pasco County, Florida, unless
otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder
may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by
contacting Fidelity National Title Insurance Company, 2203 North Lois Ave, Suite 450 , Tampa, FL 33607;
Telephone 866-632-6200.
Searched By: Jim Yeakley, CLS; Jim.Yeakley@fnf.com
END OF SCHEDULE B SECTION II
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and
Schedule B, Part 11- Exceptions
C165C09 ALTA Commitment (8/1/2016) (with FL Modifications)
7 of 9