CLEARWATER VILLAGE, LC & CLEARWATER VILLAGE HOMEOWNERS' ASSOCIATION, INCT
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No_ 03-29-15-16532-000-0001 and
Parcel No. 03-29-15-55548-000-0091
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009140554 05/2912009 at 08:55 AM
OFF REC BK: 16596 PG: 2367-2371
DocType:EAS RECORDING: $44.00
WATER MAIN & UTILITIES EASEMENT 11
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom,
CLEARWATER VILLAGE, L.C., a Florida limited liability company
500 North Osceola Avenue, #208, Clearwater, Fl. 33755,
joined by, as its interest may appear
CLEARWATER VILLAGE HOMEOWNERS' ASSOCIATION, INC.,
a Florida not for profit corporation
423 Cleveland Street, Clearwater, Florida 33755
("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 ten-foot (10') water main and utilities easement lying five feet (51) each side of all water
mains and utilities, up to and including all water hydrants and meters ("water facilities"),
but excluding any mains that may lie under buildings or within five feet (5') of buildings,
as all such water mains and utilities are now constructed and existing, or as may
hereafter be constructed or reconstructed within the following described tracts:
The North 14.96 feet of TRACT "H" COMMON AREA, CLEARWATER VILLAGE - PHASE ONE,
according to the plat thereof as recorded in Plat Book 126, Page 8, Public Records of Pinellas
County, Florida; together with the North 15.00 feet of the following described parcel: A portion
of Lot 9, less the East 30 feet thereof, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat
Book 3, Page 44, Public Records of Pinellas County, Florida; being more particularly described
as follows: Commencing at the Northeast corner of said Lot 9, run N89d15'17"W along the North
line of said Lot 9, 30.00 feet to the POINT OF BEGINNING; thence S00°16'06"E, being 30.00 feet
West and parallel to the East line of Lot 9, 205.00 feet; thence S52°29'00"W, 375.75 feet to the
West line of Lot 9; thence N00°15'36"W along said West line of Lot 9, 437.72 feet to the
Northwest corner of Lot 9; thence S89°15'17"E along the North line of said Lot 9, 299.09 feet to
the POINT OF BEGINNING,
C:\Documents and Settings\Tom Grayson\Local SettingsUemporary Internet
Files\Content.IE5\CT8BCZ8B\CLW VILLAGE_WM &_UTIL EAS_083007(2].doc Pagel of 6
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary such water facilities,
and to inspect and alter such water facilities from time to time. In the exercise of rights granted herein
Grantee shall in every instance restore all physical impacts to the easement premises to equal or better
condition as existed prior to the exercise of such rights.
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 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 WITNES WHEREOF, the undersigned grantor has caused these presents to be duly
executed this 3 day of yQ P/IZL 120. 9
Signed, sealed and delivered
in the presence of-,
-VVXMESS signature `
P, to ss Name
T na e
A/A
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
CLEARWATER VILLAGE, L. C., a Florida
limited liability company, r,
By: 'I
Print Name
Managing Me
• The foregoing instrument was acknowledged before me this day of 414)e-( I
20 by F,.k<.1~\C? J f, as Managing Member of CLEARWATE VILLAGE, L.
C., a Florida limited liability company, who executed the foregoing instrument on behalf of said limited
liability company, and who acknowledged the exe ution thereof to be his free act and deed for the uses
and purposes therein expressed, and who [ personally known to me or who [ ] provided
as identification.
My Commission Expires:
Notary Pu is - State Florida
r 110AY v GERALDINE M BURKE
Notary Public -State of Florida
Type/Print Name My Commission Expires Feb 20, 2011
s9 ?:•' Commission # DD 633953
••OF , Banded Through National Notary Assn.
CADocuments and Settingsvirom CrraysonTocal Settings\Temporary Intemet
Files\Content.lES\CT8BCZ8B\CLW VILLAGE WM_&_UTIL EAS_083007[2].doc Page 2 of 6
Acknowledgment:
RE: Water Main & Utilities Easement in 03-29-15
Grantor: Clearwater Village, L. C. &
Clearwater Village Homeowners Assn., Inc.
Grantee: City of Clearwater
Signed, sealed and delivered
In the presence of:
WITNESS signature r--?
Name
,)r?-- ?---
11V 'JIMESS signature
ptow 6AAx?
Print Witness Name
STATE OF FLORIDA
CLEARWATER VILLAGE HOMEOWNERS
ASSOCIATION, INC.,
a Florida not-for-profit corpoK4iop-.--)
By:
Print Name
Title /P
: ss
COUNTY OF PINELLAS : I
Th f rego g instrument was acknowledged beforWna this d of ,
20QY by l C1?e ,- as r 9-%? of
CLEARWATER VILLAGE HOMEOWNERS' ASSOCIATION, INC., a Florida not-far-profit corporation,
who executed the foregoing instrument on behalf of said corporation and who acknowledged the
exec • on thereof to be his free act and deed for the uses and purposes therein expressed, and who
[ is personally known to me or who [ ] provided as
identifi do .
1 My Commission Expires:
ry Pu Z State of to i
2?
Type/Print Name
Pue?:
_s *o•?
s ?=
E;i....
GERALDINE M BURKE
Notary Public -State of Florida
My Commission Expires Feb 21), 2U11
Commission # DD 633953
Bonded Through National Notary Assn.
CADocuments and Settings\Tom Grayson\Local Settings\Ternporary Internet
Files\Content.IE5\CT8BCZ8B\CLW VILLAGE_WM &_UTIL_EAS_083007[2].doc Page 3 of 6
CONSENT TO EASEMENT & SUBORDINATION OF INTEREST
THE UNDERSIGNED, being duly authorized as owner and holder of a lien on or secured interest in the
following described premises:
A portion of Lot 9, less the East 30 feet thereof, E. A. MARSHALL'S SUBDIVISION, as
recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida; being more
particularly described as follows: Commencing at the Northeast corner of said Lot 9, run
N89°15'17"W along the North line of said Lot 9, 30.00 feet to the POINT OF BEGINNING;
thence S00°16'06"E, being 30.00 feet West and parallel to the East line of Lot 9, 205.00
feet; thence S52°29'00"W, 375.76 feet to the West line of Lot 9; thence N00°1 5'36"W along
said West line of Lot 9, 437.72 feet to the Northwest corner of Lot 9; thence S89°'15'17"E
along the North line of said Lot 9, 299.09 feet to the POINT OF BEGINNING,
said lien being evidenced by that certain Mortgage and Security Agreement dated March 9, 2007 given by
CLEARWATER VILLAGE, L.C., a Florida limited liability company ("Mortgagor') in favor of BAYWAY INVESTMENT
FUND, L.P., a Florida limited partnership ("Mortgagee"), as recorded in Official Records Book 15684, Pages 1472 -
14581, Public Records of Pinellas County, Florida, does hereby consent to and joins in the grant and encumbrance of
the herein described 10-foot Water Main & Utility Easement over and across a portion of said real property given by
Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, as depicted in EXHIBIT °A"
appended thereto, and does hereby affirm that Mortgagee consents to, joins in the grant of said easement, and does
subordinate its above described lien interest and all of the right, title, interest and claim thereunto accruing in said
premi s to said easement grant and the water utilities constructed therein.
WI NESS WHEREOF, the undersigned has caused these presents to be signed this A day of
? Y4 2007.
BAYWAY INVESTMENT FUND,
7e Florida?gen I shi
B ti?G , .
Y
Michael R. O'Brien, as Trustee of the
Michael. R. O'Brien Trust u/t/d 9/28/1993,
its general partner
?,?>>111111111///yi
S
rO. S10N cep. ti
2o?9FN : s
Print WITNESS name 17,
STATE OF FLORIDA y z gpq 445092 :Q
...
COUNTY OF PINELLAS ??, 9 . .-public
. ??ii p?$LIc?SI N
4111111llill" O?
BEFORE ME, the undersigned authority, personally appeared Michael R. O'Brien, asTrustee of
the Michael R. O'Brien Trust u/t/ 8/1993, whom, being duly authorized as its general partner,
executed the f regoing instru nt n behalf of said Bayway Investment Fund, a Florida general
partnership; d who aFk led d the xecution thereof to be his free act and deed for the uses and
purposes d bed th, an wh o is personally known tome or who( ] did provide
a id ntification.
My commission expires:
c
Notaryublic - State I ida CC ?k a-? -)z 0
Print/Type Name S 1 sc? f
C:\Documents and Settings\Tom Grayson\Local Settings\Temporary Internet
Files\Content.IE5\CT8BCZ8B\CLW VILLAGE-WM &-UTIL EAS 083007[2].doc Page 4 of 6
?w. ..xr pTa1n(gr NnlinkiM p F 0
..,??....,.v.n.
e? .,.,.....,., ? r z ds wI
a '
m
vu?
m a ?? W Lu x
J W N
? ?a
•?Ni'?aina?siaq°adns i s a
? ?
? ?
? ?
?
®p ?
a
€
? o
? ?'` a
.a
K I NGS HIGHW AY
a
l
a ? ? t I
J J
?x H Q
x
00
-J _j
o
W
d 4t J V
d
0
w
`? rl
0 0
co
o W
?-j o
_ a a r-
0 1-.
aIL
0z
a° ! tI w
a X m w W
X?W>
im i i EAJ W D
U ?
1
o
J
? ?
?
Z 11
i ?
e
i
00 U
J J
U
4
x
' U
Q
; O r
RJ O m ( 1
? ? i y3 ?` ;`s ! I
/Z W i
;
'I!
t' e
i ?o
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
???
BEFORE ME, the undersigned authority, personally appeared
a e ber of Clearwater Villa, L. • Florida limited liability company, and
?yGG as of Clearwater Village
Homeowners, Association, Inc., a Florida not for profit corporation, each of whom, being first duly
sworn, do depose and say:
1. That said limited liability company, and said corporation, each as their respective
interests may appear, are the owners of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
The North 14.96 feet of TRACT "H" COMMON AREA, CLEARWATER WILLAGE - PHASE ONE,
according to the plat thereof as recorded in Plat Book 126, Page 8, Public Records of Pinellas
County, Florida; together with the North 15.00 feet of the following described parcel: A portion
of Lot 9, less the East 30 feet thereof, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat
Book 3, Page 44, Public Records of Pinellas County, Florida; being more particularly described
as follows: Commencing at the Northeast corner of said Lot 9, run N89°15117"W along the North
line of said Lot 9, 30.00 feet to the POINT OF BEGINNING; thence S00°16'06"E, being 30.00 feet
West and parallel to the East line of Lot 9, 205.00 feet; thence S52°29'00"W, 375.75 feet to the
West line of Lot 9; thence N00°15'36"W along said West line of Lot 9, 437.72 feet to the
Northwest corner of Lot 9; thence S89°15'17"E along the North line of said Lot 9, 299.09 feet to
the POINT OF BEGINNING,
2. That said property is now in the possession of the record owner, subject to rights of
tenants.
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: (insert "NONE" if applicable, or describe. If no
entry, it will be deemed that affiant has entered "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, except:
That certain Mortgage & Security Agreement dated March 9, 2007 given in favor of
Bayway Investment Fund, a Florida general partnership, as recorded in Official Record
Book 15684, Pages 1472 - 1481 of the Public Records of Pinellas County, Florida.
C:\Documents and SettingsUom Grayson\Local Settings\Temporary Intemet
Files\Content.IE5\CT8BCZ8B\CLW VILLAGE-WM &_UTIL EAS_083007[2j.doc Page 5 of 6
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 is no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for he purpose of inducing the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
Signed, sealed and delivered
In th res nce of: \ .
W
WITNES name
P ' it ess name
IVAWM signature
kp,j'f? kff ki)
Print Witness name
CLEARWATER VIL E,
limit m
By:
Print Name
Managing Member
CLEARWATER VILLAGE HOMEOWNERS
ASSOCIATION, INFlyra profit
corporation
By:
Print Name
Title
Sworn to and subscribed before me this day of
1
Notary Public - State of Florida
G Q CA& k Ir'St
Type/Print Name
My Commission Expires
GERALDINE M BD20,2011
;;o`?Y v?Brcy Notary Public - State My commission Expires commission # DD Banded roAh NationaCADomments and Settings\Tom Grayson\Local SettingsUemporary Internet
Files\Content.IE5\CT8BCZ8B\CLW VILLAGE_WM_&_Ul'IL_EAS_083007[2J.doc Page 6 of 6
- .. .?.. ?aHmwlwwar?a" ? ? ? ? ? gL y !y ? ? Z d LL r
A w
J M?
5 ? .??.: o.o.Y.•m a use 4 ? ? N yg 4 =? iya4 LU y aRm W
a$?jiwl smseaj .? :? e Q?p yy? M " ?+ ! g g Wc?i C F n N Q
m'8NI •S30Ni138C5 ?'7 3& tl 4 l a g a
KINGS HIGHWAY
AX-
? 3`????lf lr ? 0,9?...•_.. .,ice-,?a.'.-•.
a
J ?I
?I y
? I m
' ? } o r
J m ®
? IR
LO a
h
O U
r o (i
O i
w
o ?I ? a
om
! eu
O-j
yyI
? cv e ? i g
0 w Z
0 O
° ?
z s
i
O J y
ml X?v
a ? l y? .S 2J1 , ?S ?
o fIle R,
H i
Z W
7 ,a
// 1 /? ? lr?.'gyp
S
b
D
U ?o
y? I
W
J
a
J
W N
?
aa0
1m-OL)z
LL W
uj W
vLL
W W D
W W U)
d
co
0
z