ISLAND IN THE SUN CO-OP INCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Subdivision 17-29-16-43450
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009306200 11/1912009 at 11:51 AM
OFF REC SK: 16756 PG: 2250-2258
DocType:EAS RECORDING: $78.00
11 BLANKET WATER MAIN & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt
and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom,
ISLAND IN THE SUN CO-OP, INC., a Florida not-for-profit corporation
100 Hampton Road, Clearwater, Fl. 33759-3927
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive 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' easement lying five feet 5' each side of all water mains all a urtenant
meters, hydrants, valves and all other related infrastructure (collectively, the "facilities"),
but excluding all facilities that may lie under structures or within five feet (51 of
structures as such facilities are now constructed and existing, or as may be constructed
or reconstructed hereafter within and upon that certain real property as depicted in
EXHIBIT "A' appended hereto, and being more particularly described as follows:
PARCEL l
The Northwest '/4 of the Northeast '/4 of Section 17, Township 29 South, Range
16 East, Pinellas County, Florida, LESS the North 50 feet and the West 33 feet
for road right-of-way; AND LESS the East 858.44 feet of the South 25 feet for
drainage right-of way; AND LESS the South 25 feet of the West 530 feet thereof.
PARCEL 2
The East 858.44 feet of the South 25 feet of the Northwest '/4 of the Northeast '/4
of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida.
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 any and all potable
water facilities as provided by law, and in compliance with Chapter 32, Clearwater Code of Ordinances,
as same may be amended from time to time. Grantee shall have full authority to inspect and alter all
such facilities from time to time within said easement premises. In the time-to-time exercise of rights
granted herein Grantee shall in every instance (i) restore all physical impacts to the easement
premises to equal or better condition as existed prior to the exercise of such rights; (ii) not
unreasonably interfere with the use of the premises by Grantor or by homeowners residing on the
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premises; (iii) not create a nuisance and (iv) use its best efforts to conduct all work promptly and
without unreasonable delay. By acceptance of the rights conveyed herewith, Grantee further
represents and warrants that it shall diligently pursue the completion of all permitted work activities in a
timely and workmanlike manner.
Grantor retains responsibility to install, construct, maintain, modify and replace all elements of
all facilities and the premises that are not obligations of Grantee as provided by this easement, by law
and/or by the Clearwater Code of Ordinances.
It is not the intent of this Easement Agreement to prevent, delay or disallow the Grantor from
replacing a mobile home on a home site that is currently occupied or any other permanent
improvement. This Agreement does not in any way diminish the Grantor from replacing a home with
the same size and/or in the same location as the home exists today, even if the home is over or within
the easement as defined herein.
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.
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, contractors and/or invitees use and 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
Grantee's facilities within the easement premises, or any portion thereof, to facilitate further
development or redevelopment of the property encumbered hereby; then Grantor, its successors or
assigns, in consultation with and upon approval of Grantee, shall reconstruct any such facilities at
Grantor's sole cost and expense, and shall convey alternate and equivalent easement premises for
such relocated facilities.
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.
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IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this day of ::Arr ,, -,e , 2009.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF PINELLAS
ISLAND IN THE SUN CO-OP, INC.,
a Florida not-for-profit corporation
By:
Robert Newman, President
100 Hampton Road
Clubhouse Office
Clearwater, Florida 33759
ss ?yLL
The foregoing instrument was acknowledged before me this ?'day of -seif"'.
,
2009 by Robert Newman, as President of Island In The Sun Co-Op, Inc., who executed the foregoing
instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free
act and deed for the uses and purposes therein expressed, and ( Kho is personally known to me, or
[ ] who has produced as identification.
C., r
Notary Public - State of Florl a
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Print Notary Name
My Commission Expires: j Z. / d' ) 1
VINCENT G ZAFFUTO, JR
:"; MY COMMISSION # DD740683
EXPIRES December 10, 2011
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WITNESS signatur ,
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sco/e 1 "-'300 ` EXHIBIT 99 93
This is not o surrey NORTH
Blanket Water Alan Utd ties Easement
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HOMEOWNERS ASSOCIATION CONSENT,
JOINDER AND SUBORDINATION
CLEARWATER I.I.T.S. HOMEOWNERS ASSOCIATION, INC., a Florida not for profit
corporation (the "Association"), as Association interests may appear in the easement premises
described in the foregoing Blanket Water Main & Utilities Easement conveyed by Island In The Sun
Co-Op, Inc., a Florida not-for-profit corporation (herein, "Grantor"), to the City of Clearwater, Florida, a
Florida municipal corporation (herein, "Grantee"), to be recorded in the Public Records of Pinellas
County, Florida; does hereby consent to and joins in the grant of said easement by Grantor, and does
further, subordinate any and all of the Association's rights, title and interest in the lands to be
encumbered thereby to the grant of easement as described therein.
Signed, sealed and delivered
In the presence of:
Witness 'nature
wrn,A,)
Print Witness name
2rz??
Witness signature
Print Witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
CLEARWATER I.I.T.S. HOMEOWNERS
ASSOCIATION, INC., a Florida not for profit
corporation
i
By:
Thomas Taylo , President
100 Hampton Road #151
Clearwater, Florida 33759
VINCENT G ZAFFUT
O, JR
My COMMISSION # DD740M
EXPIRES December 10, 2oll
(107)99min FlwldmNotary$ervlre.eom
The foregoing instrument was acknowledged before me this 2.rday of ,' v ,
2009 by Thomas Taylor, as President of Clearwater I.I.T.S. Homeowners Association, Inc., who did
execute the foregoing instrument on behalf of said Association, and who acknowledged the execution
thereof to be his free act and deed for the uses and purposes therein expressed, and who [A41ss-
personally known to me or who [ ] did provide as
identificati n.
My Commission Expires: z 0 /
-Z?Q, Notary Public - State of Flo
IV, I-Vel-wr ,e- Tlt-
Type/Print Name
CONSENT & JOINDER IN GRANT OF EASEMENT
The undersigned Mortgagee, being owner and holder of an equitable interest in the real
property described herein by virtue of the lien created and imposed by that certain Purchase Money
Mortgage and Security Agreement dated May 31, 2006, given to Mortgagee by Island In The Sun Co-
Op, Inc., a Florida not-for-profit corporation ("Mortgagor"), as recorded in Official Records Book 15155,
at pages 753 - 7771, Public Records of Pinellas County, Florida. The undersigned Mortgagee does
hereby join with the aforesaid Mortgagor/Grantor in the grant of easement as documented in the herein
described Blanket Water Main and Utilities Easement conveyed to the City of Clearwater, Florida
("Grantee"); and hereby consents to said grant of easement and subordinates all right, title, interest
and claim in the lien evidenced by the aforesaid Mortgage and Security Agreement to the easement
rights as conveyed to Grantee by said Mortgagor/Grantor.
Signed, sealed and delivered
In the presence of:
WITNESS signature
K6" 4F l irJ?nA_l ..
Print Witness Name
WITNESS signature
?\ i?-rc)"\C-rfA V, _ ? oc1?
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
BROWN ASSOCIATES, LTD., II,
a Florida limited partnership, as to an
undivid d 113 interest
By:
Herbert G. Brown, Gene I Partner
`y VINCENT G
ZAFFUTQ, JR
_ MY COMMISSION # Db740683
EXPIRES December 10, 2011
309-0163 lo
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(407 rkteNo?ary&ervlre.cam
The foregoing instrument was acknowledged before me this a.rday of?G
2009 by Herbert G. Brown as General Partner of Brown Associates, Ltd., II, a Florida general
partnership, who executed the foregoing instrument by and on behalf of said general partnership, and
who acknowledged !D."xecution 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 identification.
Notary Public - State da
My Commission Expires: 1 L, I P. 11
Type/Print Name
WITNESS signature
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Print Witness Name
W TNESS signature
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Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
ROBERTS ASSOCIATES, LTD, II,
a Florida limited partnership, as to an
undivide 1/3 interest
B? I 0170/
Harry F. R , Trustee & General Partner
The foregoing instrument was acknowledged before me this ifday of A,/ 6 y,r c ,
2009 by Harry F. Robert, Trustee and General Partner of Roberts Associates, Ltd., II, a Florida limited
partnership, who executed the foregoing instrument by and on behalf of said limited partnership, and
who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein
ex ressed, and [ k-jlgh-o is personally known to me, or [ ] who provided
_ as identification,
G My Commission Expires:
Notary Public - State of FWft
67.
Type/Print Name °- --?
ViNCENT G 7AFFUTO
, JR
My COMMISSION # DD7'40@U
EXPIRES December 10, xOll
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WITNESS signature
Name
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STATE OF TENNESSEE
COUNTY OF HAMILTON
: ss
KENNEDY ASSOCIATES, LTD,
a Flor!Aa limited partnership, as to an
undiAd'ed 10interes
Thomas, G,-neraf Pa
The foregoing instrument was acknowledged before me this Z l day of
??? ,
2009 by Lisbeth Thomas as General Partner of Kennedy Associates, Ltd., who executed the foregoing
instrument by and on behalf of said limited partnership, and who acknowledged the execution thereof
to be her free act and deed for the uses and purposes therein expressed, and [ ] who is personally
nown t , or [ ] who provided as
i en fication. % lei,,
A ATE '%??. My Commission Expires:
Notary Public - State of nnessd OF
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?k U111 A 1v IM, -- TENNESSEF- = Commission Expires May 9, 2012
NOTARY s
Type/Print Name •- uBLIC•.••?,
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KENNEDY ASSOCIATES, LTD,
a Florida limited partnership, as to an
undivided 1/3 interes
By: 4464
Abby It, Ge dral Partner
TNESS si nau?e
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Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this j_day of
2009 by Abby Holt as General Partner of Kennedy Associates, Ltd., who executed the for going
instrument by and on half of said limited partnership, and who acknowledged the exec ion thereof
to be her free act a deed for the us s and purpo es therein expressed, and [ ] who is personally
known to me, or [ ho provided 1 s- as
4Nary4blic ication. .•`?\ERISv"'•.?.
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
ss
BEFORE ME, the undersigned authority, personally appeared Robert Newman
as President of Island In The Sun Co-Op, Inc., a Florida not-for-profit corporation,
whom, being first duly sworn, does depose and say:
1. That said corporation is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
PARCEL I
The Northwest'/4 of the Northeast'/4 of Section 17, Township 29 South, Range
16 East, Pinellas County, Florida, LESS the North 50 feet and the West 33 feet
for road right-of-way; AND LESS the East 858.44 feet of the South 25 feet for
drainage right-of way; AND LESS the South 25 feet of the West 530 feet thereof.
PARCEL 2
The East 858.44 feet of the South 25 feet of the Northwest 1/4 of the Northeast 1/4
of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida.
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
that will be paid during the normal course of business, except: (if none, enter "NONE".
If no entry, it will be deemed that Affiant has entered `NONE")
4. That other than easements and restrictions of record and members of the
cooperative, there are no liens or encumbrances of any nature affecting the title of the
property hereinabove described, except:
(a) As shown on Exhibit "B" attached hereto
(b) That certain Purchase Money Mortgage and Security Agreement dated
the 31s' day of May 2006 given in favor of Brown Associates, Ltd., II, a Florida limited
partnership, Roberts Associates, Ltd., Il, a Florida limited partnership, and Roberts
Associates, Ltd., a Florida limited partnership as recorded in O. R. Book 115155 at page
753, et al, of the public records of Pinellas County, Florida.
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.
7. That the representations embraced herein are for the purpose of inducing the
CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely
thereon.
)?? Lk? By:
WIT?EOS Si ature
?N
WITNE S Pri ted Name
r
WITNESS Signature
_-
Sworn to and subscribed to before me this Z ?? day of SG i?
2009.
L&L ?- 6. Z?A? -
Notary Public - State of FI&KH
Print/Type Name
i
r
Robert Newman, President
100 Hampton Road
Clubhouse Office
Clearwater, Florida 33759
/Z
My Commission Expires
VINCENT G ZAFFUTO, JR
My COMMISSION # DD740W3
EXPIRES December 10, 2011
u`
306D153 FkMaNolaryserv".com
EXHIBIT "B"
That other than easements and restrictions of record and members of the cooperative, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described except:
1. Easement in favor of Pinellas Water Company, a Florida corporation, recorded in
Deed Book 1465, page 107; said Easement subsequently assigned to the City of St.
Petersburg, Florida, by Assignment attached to said Easement, recorded in Deed
Book 1465, page 108, of the public records of Pinellas County, Florida. (as to Parcel
1)
2. License Agreement in favor of General Telephone Company of Florida, a Florida
corporation, recorded In Official Records Book 2586, page 521, of the public
records of Pinellas County, Florida. (as to Parcel 1)
3. Drainage Easement in favor of Pinellas County, a political subdivision of the State
of Florida, recorded in Official Records Book 5420, page 449, of the public records
of Pinellas County, Florida. (as to Parcel 1)
4. Telephone Distribution Easement in favor of General Telephone Company of
Florida, a Florida corporation, recorded in Official Records Book 5849, page 2107,
of the public records of Pinellas County, Florida. (as to Parcel 1)
5. Easement in favor of the City of Clearwater, Florida, recorded in Official Records
Book 6076, page 2178, of the public records of Pinellas County, Florida. (as to