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DALTON CLEARWATER, LLC (2) ~ KEN BURK PINEL E, CLERK OF INST# ~::;UNTY FLOR~g~RT OFF RE 0982 11/09/2 DoeT C BK: 14732 PG. 005 at 09:08 AM D ~pe:EAS RECORD. 1885-1889 STAMP: $0.70 ING: $44.00 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 '-~ -~- ~-~--- Parcel I. D. No. 17-29-15-05004-001-0010 '--E & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Dalton Clearwater, LLC, a Florida limited liability company, 2840 West Bay Drive, Suite 135, Belleair Bluffs, Florida 33770-2620 ("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 DRAINAGE AND UTILITIES EASEMENT to encumber a 2065.67 SQuare foot portion of Lot 1. Block A. BA YSIDE SUBDIVISION NO.5. accordina to the plat thereof as recorded in Plat Book 38. Paaes 38 & 39. Public Records of Pinellas County. Florida. as more specifically described and depicted in EXHIBIT "A" appended hereto and a part hereof ("Easement Premises") This easement is for drainage and utility installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises for the sole purpose to construct, install and maintain therein stormwater lines and facilities, and to inspect and alter such stormwater lines and 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 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, specifically including without limitation, the driveway and parking spaces, to at least the same quality of condition that existed as of the day that Grantee first exercised any of its rights hereunder, upon completion of the project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. Grantee further represents and warrants that it shall diligently pursue the completion of all work related to this project and complete all matters in a timely manner. Grantor warrants and covenants with Grantee that it 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. 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 invitees 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. Page 2 - Drainage & Utility Easement Grantor: Dalton Clearwater, LLC Grantee: City of Clearwater RE: Lot 1, Blk. A, BAYSIDE SUB NO.5 In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the utility 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 reasonable approval of Grantee, shall provide an alternate easement for the constructed utility, and shall at its sole cost and expense reconstruct the utility within the alternate easement. Upon completion of the utility relocation Grantee shall promptly cause this easement to be vacated and evidence of vacation promptly and 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 Grantor in conveyance of easement described herein, or to 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 non-exclusive, limited in purpose, and irrevocable (subject to the termination provisions provided for hereinabove) and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. ,., Afh IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ~ day of September, 2005. Signed, sealed and delivered in the presence of: ~~~ WITNESS signature tV'd~ j1./,o... rrr- Print Witness Na~ d/~ ' ~~zs~~at~~~~ Print Witness Name DALTON CLEARWATER, LLC, a Florida limited liability company By: SIMDAG INVESTMENTS, LLC, a Florida limited liability company Print name STATE OF FLORIDA COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared J<b6e......+ E L"{ 0 r'\ S ,Managing Member of Simdag Investments LLC, a Florida limited liability company, Managing Member of Dalton Clearwater, LLC, a Florida limited liability company, who executed the foregoing instrument on the aforementioned date, and who acknowledged the execution thereof to be his free act and deed for he use and purposes herein set forth. 12 W. ~~ M commission ex ires: Io~ - State of Florida . ~~ .N.. 0.. !ilry Oubllc State of Florida J) J11J91 f1). H E.-J.} tll2J,(j( ! . Nancy W ",~drick Type/Print Name \; . ~ Mv Gtlm/TllSSlOI1 00436643 ., ,,'- E. _pitt, 06102/2009 ,0 Personally Known. [ ] Produced Identification. Type of Identification Produced 2 EXHIBIT "A" THIS IS NOT A SURVEY!! ~ IN!I@lWii'lJ=(] Scale '''=60' &{ VD LEGAL DESCRIPTION: From the southwest corner of Lot 1, Block A, of Bayside Subdivision #5, as recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County, Florida; thence N 12'34'30" E, along the west line of said Lot 1, 69.60 feet, to the Point Of Beginning; thence continue N 12'34'30" E, along said west line, 23.21 feet; thence N 33'32'54" E, 28.30 feet; thence N 60'26'41" E, 95.09 feet, to a point on the north line of said Lot 1; thence S 54'25'30" E, along said north line, 16.53 feet; thence S 60'26'41" W, 98.46 feet; thence S 33'32'54" W, 40.80 feet; thence S 83'40'46" W, 8.62 feet to the Point Of Beginning. Containing 2065.57 square feet. CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING a9/20/2005 12:29 7275956831 SIMDAG PAGE 13 Retum to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 333758-4748 AE: Parcel No. 17-29~15-05004.001.0010 l CONSENT TO EASEMENT & SU.BORDINATION OF INTEREST I THE UNDERSIGNED. being duly authorized on behalf of the owner of a lien on or secured interest in the following described premises: Lot 1, 810ck A. BAYSIDE SUBDIVISION NO.5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records of Pinellas County, Florida, said lien being evidenced by that certain Mortgage and Security Agreement and other instruments of security dated March 15. 2004 given by DALTON CLEARWATER, LLC, a Florida limited liability company ("Mortgagor'1 in favor of W ACHOVIA BANK, a national banking association organized and existing under the laws of the United States of America ("Mortgagee"), as recorded in Official Records Book 13436, Pages 1585 - 1608, Public Records of Pinellas County, Florida, and that certain Second Mongage and Security Agraement and other Instruments of security dated November 1 . 2004, as recorded in Official Records Book 13967, Pages 1181 - 1191, Public Records of Pinellas County, Florida, also given in favor of said MOI1:gagee, does hereby consent to and joins in the grant and encumbrance of that certain 5~foot Drainage & Utility Easement over and across said real property as depicted in EXHIBIT "A" appended hereto, said easement being dated the 30 ru day of S Go f> t E "" b E C>> , 2005 given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation. Mortgagee does hereby further subordinate its above described lien interest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grant and the drainage utilities to be constructed therein. IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this ;;{ Cf day of ~-k>..I'l-b.oA...., 2005. Signed, sealed and delivered ~'.n. e presence of: kJ~ r~&U~ - \rYW .Y' Print WITNESS name w~~- W ACHOVIA BANK, NATIONAL ASSOCIATION By: p~ Print name Title ~en/~("l ~ C:\Dc'c:umencs and Settingll\carl.barrctt\LoCRl Sett:ings\Tempor.arv Int.ernet: ~il"'s\OLK2\DATTON CLW LLC Sl:ll:lOR'O 0905. doc ' , .' ~9/20/2005 12:29 7275956831 SIMDAG PAGE 14 ", Print WITNESS name ACKNOWLEDGMENT: Easamant COn.!:lAnt & ~ubAr:Pioation RE: Lot 1, Blk. A, BAVSIDE SUB NO.5 Grantor: Dalton Clearwater, LLC Grantee: City of Clearwater, FI. County of HiIIsborough : ss Stale of Florida Sen ' B~FORl ME, the ~erSigned authority, personally appeared " , as lor l,Ci. (PSI QD of Wachovia Bank, National Associatio hom, being duly authorized, e~ecuted the foregoing instrument on behalf of said bank, who acknowledged th~ecution thereof to be hlS.. free act and deed for the uses and purposes described therein, and who [V1Is personally known to me or who [ ] did provide as identification. Q) ~.~,......, MYCO~:~~~4054n '. . EXPIRES: Aprl127, 2009 , " Sonad 1Iiru NolIiy PubIlc Underwrltels Print Name My Commission Expires: C:\DocumenC$ and Seeein~s\e~rl.b~r.rett'Loc~l Setting$\Tamporary Internee FjlQs\OL~2\DATmON C:L'~ r..r..C SU!lORD 0905. doc . - '" .,.. .. AFFIDAVIT OF NO LIENS STATE OF FLORIDA :ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared R~~T E . ~~~S , Managing Member of Simdag Investments, LLC, a Florida limited liability company, Managing Member of Dalton Clearwater, LLC, a Florida limited liability company, whom, being first duly sworn, does depose and say: 1 . That Dalton Clearwater, LLC is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: . Lot 1, Block A, BA YSIDE SUB NO.5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records of Pinellas County, Florida. 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") 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 March 15, 2004 given in favor of Wachovia Bank, National Association (hereafter, "Wachovia") as recorded in O. R. Book 13436, Pages 1585 - 1608, Public Records of Pinellas County, Florida, and that Second Mortgage & Security Agreement dated November 1, 2004 also given in favor of Wachovia, as recorded in O. R. Book 13967, Pages 1181 - 1191, Public Records of Pinellas County, Florida. 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 AFF: Dalton Clw LLC 0905.doc Page 1 of 2 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. Signed, sealed and delivered I n the presence 0 . DALTON CLEARWATER, LLC, a Florida limited liability company V'\..- W NESS si~at~ ~ A" t.~ ~ u.)A4 Print Witness Name II~~~~ 1~~::~~~J Print Witness Name By: SIMDAG INVESTMENTS, LLC. a Florida limited liability company ~: ~ Print Name _!20~E='.4-0iA5 Managing Member STATE OF FLORIDA : 55 COUNTY OF PINELLAS <!' _ The foregoing instrument was acknowledged before me this a;;vlJ day of ~TEM~ , 200~by iPo6'8J..-T E. LydNS , Managing Member of Simdag Investments, LLC, a Florida limited liability company, Managing Member of Dalton Clearwater, LLC, a Florida limited liability company, who executed the foregoing instrument on behalf of said entity, and who acknowledged the execution thereof to be his free act and deed for the uses and pur se~ therei expressed. v1 ~ My Commission Expires: No ry Public - State of Florida Type/Print Name ~rSOnallY Known [ ] Produced Identification Type of Identification Produced AFF: Dalton Clw LLC 0905.doc Page 2 of 2 EXHIBIT "A" THIS IS NOT A SURVEY!! ~ ~ Scale 1 "=60' &(VD LEGAL DESCRIPTION: From the southwest corner of Lot 1, Block A, of Bayside Subdivision #5, as recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County, Florida; thence N 12.34'30" E, along the west line of said Lot 1, 69.60 feet, to the Point Of Beginning; thence continue N 12.34'30" E, along said west line, 23.21 feet; thence N 33"32'54" E, 28.30 feet; thence N 60.26'41" E, 95.09 feet, to a point on the north line of said Lot 1; thence S 54.25'30" E, along said north line, 16.53 feet; thence S 60.26'41" W, 98.46 feet; thence S 33"32'54" W, 40.80 feet; thence S 83.40'46" W, 8.62 feet to the Point Of Beginning. Containing 2065.57 square feet. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING