CONGREGATION BETH SHALOM INC
Raturn In,
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel No. 19-29-16-58986-000-1950
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2010115369 0412812010 at 12:58 PM
OFF REC BK: 16898 PG: 2653-2658
DocType:EAS RECORDING: $52.50
D DOC STAMP: $23.80
RIGHT OF WAY & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Three Thousand Three Hundred Ten and---
NO/100's---Dollars ($3,310.00) cash in hand paid, the receipt of which is hereby acknowledged, and
the benefits to be derived therefrom,
Congregation Beth Shalom, Inc., a Florida not-for-profit corporation
1325 South Belcher Road, Clearwater, Fl. 33764-3712
(herein, "Grantor") do hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, for
the use of the general public, easement for the purposes herein expressed over, under, across and
upon the following described land lying and being situate in the City o Clearwater, County of Pinellas,
State of Florida, to wit:
A portion of the Lot 200, MORNINGSIDE ESTATES UNIT 1, as recorded in Plat
Book 59, Pages 58 through 59, Public Records of Pinellas County, Florida, as
more particularly described and depicted in EXHIBIT "A" appended hereto.
This easement is granted for public right-of-way and public utility purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct, install and maintain thereon and therein public roadway,
sidewalk, curbing and utility facilities and to inspect and alter such public roadway, sidewalk, curbing
and utility facilities from time to time.
Grantor hereby warrants and covenants with Grantee that Grantor is the lawful 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 and agreed that Grantor reserves all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
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SHALOM R-W UTIL EAS 01062010.doc
Page 2 - R/W & Utilities Easement
RE: Parcel No. 19-29-16-58986-000-1950
Grantor: Congregation Beth Shalom
Grantee: City of Clearwater, Florida
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.
The easement herein granted, and the covenants and restrictions hereby imposed, shall be
easements, restrictions and covenants running with the land, intended where appropriate to bind the
Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of
the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of
this Grant of Easement, as if said person, firm or entity were original parties hereto.
IN TNESS WHEREOF, the Grantor has caused these presents to be executed this /1 7
day of , 2010.
a '17
Signed, sealed and delivered
In the presence of:
WI ESS sjgna
o?_ I rdo Vt ?I
Print WITNESS Nam
°?-i 6.
1 I F
WITNESS signatuire
?avn i Q_ W o l
Print WITNESS Name
CONGREGATION BETH SHALOM,
a Florida not-for-profit corporation
By:
Print
Title
By:
Print Name .w
Title
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SHALOM R-W UTIL EAS 01062010.doc
Page 3 - R/W & Utilities Easement
RE: Parcel No. 19-29-16-58986-000-1950
Grantor: Congregation Beth Shalom
Grantee: City of Clearwater, Florida
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
The foregoing instrument was acknowledged before me this (y day of ? &n o a r y ,
2010 by 5 y'S ar\ H e U 0-% CL n _ , as Prof 5 t d C!3 ]L - of Beth
Shalom Congregation, whom, being duly authorized, executed the foregoing instrument on behalf of
said entity, and who acknowledged xecution thereof to be her free act and deed for the use and
purposes herein set forth, and who [theis personally known to me, or who [ ] did provide
as identification
Notary Public - State of NeFth Florida
Ad V-. a cX- M. N I' e y e s
Type/Print Name
STATE OF FLORIDA:
COUNTY OF PINELLAS
: ss
My Commission Expires:
N" A RMIg ME ES
MY COMMISSION # DD 88497
EXPIRES: March 24, 2013
R; Bonded Thru Notary Public Underv+dtera
The foregoing instrument was acknowledged before me this y 44 day of JG.rt U CA ?-y
2010 by e. 1 'y--0j2 as _ 1-r-CckSlL r e r _ of Beth
Shalom Congregation, whom, being duly authorized, executed the foregoing instrument on behalf of
said entity, and who acknowledged the execution thereof to be h is free act and deed for the use and
purposes herein set forth, and who [mss personally known to me, or who [ ] did provide
as identification.
Notary Public - State of Florida
Ad r ?' Ck r1c -. M • l`l i e V'e S
Type/Print Name
My Commission Expires:
'a ADWM M IYIEIYES
•« MY OOMMISSION # DD 888487
g EXPIRES: March 24 2013
a1 zed Thra Nfty p tip
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SHALOM R-W UTIL EAS 01062010.doe
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of the lien of mortgage given by Congregation Beth Shalom, Inc., a Florida not-for-
profit corporation (Grantor/Mortgagor) evidenced by that certain Mortgage dated August 7, 1991, as
recorded in Official Records Book 7647, Page 75, et al, of the public land records of Pinellas County,
Florida, and as modified on the 8th day of May 2001 in that certain Modification of Mortgage entered
into between Mortgagor and the undersigned Mortgagee, as recorded in Official Records Book 11396,
Page 74, el al, of the public lands records of Pinellas County, Florida; does hereby join with
Grantor/Mortgagor and consent to the grant of easement as described in the herein Right-of-Way and
Utilities Easement dated Ay, , 2010 as conveyed to the City of
Clearwater, Florida; and h by subor nates all of its right, title, interest and claim in the lien
evidenced by aforesaid instruments as same may encumber the easement rights as conveyed herein.
Signed, sealed and delivered in
the presence of:
WELLS FARGO BANK,
a national banking association, successor
by merger with Wachovia Corporation,
formerly First Union National Bank
Witness signature
T i I.0- Y 6 co, vdD-_
Print Witness name
Print
STATE OF NORTH CAROLINA
au- : ss
COUNTY OF
By: ?
Print Name
Title , $e
The foregoing instrument was acknowledged before me this E day of r c4 r L. ,
2010 by C"' 4g 1 eU as t co eS -j- of
WELLS FARGO BANK, a natonal banking association, mortgagee in the above-described lien, who
executed said instrument and acknowledged the ex cution thereof to be h;,,7 free act and deed for the
uses and purposes therein expressed, and who [A is personally known to me or who [ ] did provide
as identification.
',. Commission Expires:
Notary P lic -State of t '••'•„` /?3 2? v
s Pat
Type/Print Name ? v
4 p%???•,`
•
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T
15' 0 15' 30'
1 INCH = 30 FEET
SKETCH AND DESCRIPTION
(NOT A BOUNDARY MMY)
EXHIBIT "A"
(Page 1 of 2)
I4AM gpULEVARD _._ ¦?
RESERVED FOR RECORDING INFOR"nON
IA;Lp
BASIS OF BEARINGS , "
T
T-_ S89-58-35°E (P)
._.. 7- -- 100.00' (P) X
?j L2
J POC POB
J L3
J ? v
?I 330.73 SQ.FT. g
J (±0.008 AC.) J
i -,z $ zoo
i N I ?.
J orif": ,? 3 I r
I I r." tics
r
? '
" '
j%lrt 1 N89'S8
i9
E (P) 100.00
(P)
LINE TABLE
LINE BEARING LENGTH
L1 S 9'58'35°E .15'
L2 S00'01'41 °E 43,18'
L3 N17'18' 2" 0.53'
CURVE TABLE
CURVE ARC
LENGTH
RADIUS CENTRAL
ANGLE CHORD BEARING
CHORD LENGTH
C1 25.36' 20.00' 72'39'53° N53'38'39"W 23.70'
THIS SKETCH AND MORMON IS FOR NFORIAATI0NAL PURPOSES ONLY.
SEE SHEET 2 FOR DE8CRPT10N, NOTES, AMMT10N8, SYMBOLS AND WNATURE
REV18Ep 07.282009
WADE TRIM SKETCH PROJECT NO. CLW205L04M
LAND SURVEYING, ENGINEERING, PLANNING DRAWNQ
To" ?0°? D RIP ION REFERENCE NO. VSP-BASE-"WO
10'? (NOT A BOUNDARY SURVEY) DATE: 09.26.2008 ravok
Mm I L6#7567 na Y, ? SHEET NO. 1 OF 2
SKETCH AND DESCRIPTION
(NOT A BOUNDARY SURVEY)
EXHIBIT "A"
(Page 2 of 2)
RESERVED FOR RECORDING INFORMATION
LEGAL. DESCRIPTION:
A PARCEL OF LAND LYING WITHIN LOT 200 OF THE PLAT OF MORNINGSIDE ESTATES UNIT 1, AS RECORDED IN PLAT
BOOK 59, PAGES 58 THROUGH 59 OF PINELLAS COUNTY OFFICIAL RECORDS, SITUATED IN THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, CLEARWATER, PINELLAS COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 200; THENCE S89'58'35°E ALONG THE NORTHERLY LINE OF
SAID LOT AND THE SOUTHERLY RIGHT OF WAY OF HARN BOULEVARD FOR A DISTANCE OF 71.85 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LOT LINE AND RIGHT OF WAY LINE S89'58'35"E FOR A DISTANCE OF 28.15 FEET
TO THE NORTHEAST CORNER OF LOT 200; THENCE DEPARTING SAID NORTHERLY LOT LINE AND SOUTHERLY RIGHT
OF WAY LINE S00'01'41 "E ALONG THE EASTERLY LINE OF LOT 200 AND THE WESTERLY RIGHT OF WAY LINE OF
CLAIBORNE DRIVE FOR A DISTANCE OF 43.18 FEET; THENCE DEPARTING SAID EASTERLY LOT LINE AND WESTERLY
RIGHT OF WAY LINE N17'18'42"W FOR A DISTANCE OF 30.53 FEET TO A POINT OF CURVATURE; THENCE
NORTHWESTERLY 25.36 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE
OF 72'39'53", AND A LONG CHORD WHICH BEARS N5Y38'39"W FOR A DISTANCE OF 2170 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 330.73 SQUARE FEET (0.008 ACRES) OF LAND, MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY WADE TRIM.
REFERENCE FILE LOCATION: \\TMOATA\PROJECTS\CLW2051\04\CADD-data\LEGAL\PAR200.000X
REVISM 07.28.2009
SURVEYOR'S NOTI=s
1. BEARINGS BASED ON THE NORTH LINL OF LAI 200, OF MORNINGSIDE ESTATES UNIT 1 AS RECORDED IN PLAT BOOK 59, PAGES 58-59 AS RECORDED
IN PINELLAS COUNTY OFFICIAL RECORDS, BEING 589'58'35-E.
2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS AND/OR OTHER MATTERS NOT SHOWN ON THIS SKETCH WHICH MAY BE FOUND IN THE COUNTY
PUBLIC RECORDS.
3. THIS IS NOT A BOUNDARY SURVEY
4. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSEE) SURVEYOR/MAPPER.
5. THE GRAYSCALE BACKGROUND INFORMATION DEPICTS PROPOSED ROADWAY IMPROVEMENTS 9Y THE CITY OF CLEARWATER.
ABBREVIATIONS
C-CURVE R/W=RIGHT-OF-WAY
0-09-TA CENTER LINE
R=RADIUS ? =POINT OF BEGINNING
L-LENGTH POC=POINT OF COMMENCEMENT
CH-CHORD PCP=PERMANENT CONTROL POINT
CB=CHORD BEARING SEC-SECTION RNG.-RANGE
PC-POINT OF CURVE TWP=TOWNSHIP
FT=POINT OF TANGENCY IO?IDENTIFICATION
PI-POINT OF INTERSECTION (p ;PLAT
)
MS-MAW BOOK (D
-DEED OR LEGAL DESCRIPTION
PB-PLAT BOOK (=ELD MEASURED
SIGNM
PG/PGS-PAGE/PAGES ?NR)2140N - RADIAL ROB DURANCZYK
ORB-OFFICIAL RECORD BOOK RAD)-RADIAL
. Ff.-SQUARE FEET
FL, PROFESSIONAL SURVEYOR/MAPPER 116657
AC.-ACRES
WADE TRIM SKE'rCH PROJECT NO. CLW205tO4M
LANO SURVEYING, ENGINEERING, PLANNING AND DRAWING
T&va Oka
DE$CR?'TION
REFS NO. VSP-BASE?LDWO
ribd
FMAWrr»ll8*90 WDT A WIAIDARY SURVEY) DATE 0926.2008
r lm n.."m
LB117567 'h'^ ; .mc.o+ SHEET NO. 2 OF 2
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
BEFORE ME, the ndersigned authority, personally appeared ?U5A v1 LIU 'A ( h
as _ cP G of Congregation Beth Shalom, Inc., a Florida non-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:
Lot 200, MORNINGSIDE ESTATES UNIT 1, according to the map or plat thereof as
recorded in Plat Book 59, Pages 58 through 59, public records of 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 which will be paid during
the normal course of business, except: (List or insert "NONE". If no entry, it will be deemed Affiant
asserts "NONE".).
4. That there are no liens or encumbrances of any nature affecting the title of the property herein
described, except easement 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 and other instruments of security dated August 7, 1991 given in
favor of First Union National Bank as recorded in Official Records Book 7647, Page 75,
public records of Pinellas County, Florida, as modified on May 8, 2001 in that certain
Modification of Mortgage as recorded in Official Records Book 11396, Page 74, 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 herein described property for improvement 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.
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SHALOM R-W UTIL EAS 01062010.doc
7. That the representations embraced herein are for the purpose of inducing the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
Signed, sealed and delivered
in the presence of:
- J-ft, ??
WI SS signature
L-6y- I ?o o vim
Print Witness Name ^ I L
WITNESS signature ' . r
Print Witness Name
CONGREGATION BETH SHALOM, INC.,
a Florida not-for-profit corporation
By:
Print Name
Title rP s
Sworn to and subscribed before me this 1yor\day of 0.n w o, (-4 2010.
Notary Public - State of Florida
Adlricky-N a M mitveS
Type/Print Name
c 'res
1! §1@Q i
EQ. ?.R AORIANA M NIEVES
MY COMMISSION # DD 888497
r EXPIRES: March 24, 2013
, Banded Thru Notary Public Underwrihn
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SHALOM R-W UTIL EAS 01062010.doc