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CENTER FAMILY, LTD '.r" 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# 2007404810 12/28/2007 at 12:48 PM OFF REC BK: 16101 PG: 1506-1509 DocType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 RE: Parcel No. 07-29-15-05004-002-0010 ~ DRAINAGE & 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, the CENTER FAMILY, L TO, a Florida limited partnership 557 Bayview Drive, Belleair, Fl. 33756 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), perpetual easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: Commence at the Southeast corner of Lot 1, Block B, BAYSIDE SUBDIVISION NO.5, as recorded in Plat Book 38, Page 38 of the Public Records of Pinellas County, Florida; then run Northwesterly along the North Right of Way line of Gulfview Boulevard and along the arc of a curve concave to the Northeast having a radius of 2640 feet, an arc length of 241.95 feet, a chord bearing N57003'02"W for 241.87 feet; thence continue along said Right of Way line N54025'30"W, 112.55 feet to the POINT OF BEGINNING; thence continue along said Right of Way line N54025'30"W, 7.43 feet to a point of curvature, thence run Northerly along the arc of a curve concave to the East, having a radius of 18.13 feet, an arc length of 23.76 feet, a chord bearing N16054'59"W for 22.09 feet, thence run S26006'10"E, 28.36 feet to the POINT OF BEGINNING; containing 106.51 square feet, more or less, the same being depicted in EXHIBIT "A" as appended hereto. This easement is granted for installation and maintenance of stormwater drainage 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 stormwater drainage and underground utilities and to inspect and alter same from time to time. Grantee covenants and agrees with Grantor and any present of future Lessee, that it shall maintain reasonable access by the general public to Grantor's property at all times, and that it shall promptly restore the easement and any affected surrounding areas immediately upon completion of any project undertaken in the exercise of rights conveyed herein to equal or better condition as existed prior to the commencement of any such project. C:\Documents and Settings\mark.KLEINANDHEUCHAN\Local Settings\Temporary Internet Files\OLKBD\CENTER FAM L TD D U EAS 0907 (2).doc 1 ~_...r 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. 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 .2 q lh day of Oc....totoe...r , 2007. ;- \ \ BY~. .....,.-:....,-"P . ," ( ~O:;"~ en er, General Partner CENTER FAMIL V, LTD., a Florida limited partnership '\L~ STATE OF FLORIDA : 55 COUNTY OF PINELLAS tk. "-' The foregoing instrument was acknowledged before me this '29 day of C:ctobe~r , 2007 by j(;?;~ H. Center, General Partner, Center Family Ltd., a Florida limited partnership, who executedthe foregoing instrument on behalf of said partnership, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed. ~m.lt~ Notary . - State of Flori ~ (y\ u.):) ~{. Typel . t Name My Commission Expires: ~ Personally Known [ ] Produced Identification Type of Identification Produced · '. " Mary M. Wolf ~ \~ Commission # 00398268 : Expires March 8, 2009 , " IlendM TIOy 1'11111 -1IlIuIwlCe.1nc. 8CJN11.7011 C:\Documents and Settings\mark.KLEINANDHEUCHAN\Local Settings\Temporary Internet Files\OLKBD\CENTER FAM L TO D U EAS 0907 (2).doc 2 .,.>'" II CONSENT & JOINDER II The undersigned Lessee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Lease dated June 6, 1986 entered into with Center Family Ltd., a Florida limited partnership, does hereby join with Center Family Ltd. and consents to the grant of easement as herein described, and subordinates all of Lessee's right, title, interest and claim in said Lease to the easement rights conveyed therein. Signed, sealed and delivered In the presence of: HESS CORPORATION formerly known as Amerada Hess Corporation, a Delaware corporation authorized to conduct business 11;> In the ~t~ of ~orlda . By: <r~ ~ Name: . Ti thy'J. O'Connor Title: VP-Marketing & Refining Real Estate /L~&/II! /Witness signature ~ J'/. R v{\.J<. I...R_L-<-- Print Witness name ~. 0 /Y\Q,- Witness signature ~llsSO- I. mc.NSO Print Witness name STATE OF NEW JERSEY : ss COUNTY OF MIDDLESEX The foregoing instrument was acknowledged before me this J I day of f) cMA. , 2007 by Timothy J. O'Connor, as VP-Marketing & Refining Real Estate of Hess Corporation formerly known as Amerada Hess Corporation, a Delaware corporation authorized to conduct business in the State of Florida, who executed said instrument on behalf of said corporation, and acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and who is personally known to me. IL~ C.+~,~( Notary Public - State of New Jersey My Commission Expires: . KATfIlEEN C. FERENCIWC Type/Print Name tIOTARY PUBLIC OF NEW JERSEY 1*WriSlON EXPlRES NOVEMBER 2. 20GI -- -"~ '- .-- S:\JOHN\PROPMGT\Florida\0943geas.doc 3 #" . \ Scale 1" 20' This is not a survey EXHIBIT "A" C1 R=18.13' L=23.76' CB=N16"54'59"W Ch=22.09' ~ NORTH BAYWAY -- - - __ BOULEVARD - SA YSIDE SUBDIVISION Lot 1 Block B C1 Drainage & Utility Easement ....... ....... ~ ....... ....... 'lts. Q'/ I "~s. V/ "-<>. Joo.. <...~ 'Ss. 11- ~~ .............. ~s. ~ O~ <t~ =1t?& _IY D. lONG _IY E. BARRETT 1lIl. 9/24/2007 ....... - ---- - - ---- No. 5 ....... .. 285A CITY OF' CLEARWATER, F'LORIDA ENGINEERING DEPARTMENT LEGAL SKETCH DRAINAGE '" UllUTY EASEMENT ....-- LOT 1, BLOCK B 17-2l1S-11iE BAYSIDE SUBDIVISION No.5 '7"'- -- LCU008-08 ... 1 Of 1 " AFFIDAVIT OF NO LIE STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared JV"-i H. Center, general partner in Center Family, Ltd., a Florida limited partnership, whorrl, being first duly sworn, does depose and say: 1. That said limited partnership is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lot 1, Block B of BAYSIDE SUBDIVISION NO.5, LESS AND EXCEPT the East 100 feet thereof, as recorded in Plat Book 38, Page 38 of the public records of Pinellas County, Florida, being 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, except: (if none, enter "NONE") ~ 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 Lease dated June 6, 1986 between Affiant and Amerada Hess Corporation. 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. c:\Oocuments and Settings\mark.KLEINANOHEUCHAN\Local Settings\Temporary Internet Files\OLKBD\CENTER FAM L TO 0 U EAS 0907 (2).doc 4 . Page 2 - Affidavit of No Liens Center Family, Ltd. RE: Block B, Lot 1 LESS East 100 ft., BAYSIDE SUB NO.5 7. That the representations embraced herein are for the purpose of inducing the CITY OF ~LEARWATER, FLORIDA, its agents, success~s and assigns to~elY thetreon. - ~.. ! \ ~ '. WI ES" I d} ter, General Partner ITN " WITN S nature ,j ~~ ~ ~t::!-e ( WITNE Pn ted N me Sworn to and subscribed to before me this ~q~day of (")uD6R r 2007. My Commission Expires _,\.~_ Mary M. Wolf :Wty'A'~ Commission # 00398268 . . Expires March 6, 2009 , ., Bcnded Troy Fain. InIulInCe. Inc. ~70'a C:\Documents and Settings\mark.KLEINANDHEUCHAN\Local Settings\Temporary Internet Files\OLKBD\CENTER FAM L TD D U EAS 0907 (2).doc 5