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HOME DEPOT U.S.A., INC (2) /1.0 ~ ~ /1- :,! '. ,c CLERK OF COURT F'INELLAS COUNTY, FLORIDA 02-328457 5PT- 3-2002 4:00~ . INELLR5 CO BK 12198 PO 479 P IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~I@L~II, 5C190500 09-03-2002 16:00:52 JTF 51 DED-I{JI( DEPOT 000805 IU:02326457BK:l21% SPG:0479 EPG:0489 REaJIDING 011 PAllS 1 $51. 00 lJFICIrt. C(fIES 5 $11.00 CERTIFCATION 6 $1.00 DOCUMENT PREPARED BY Alston & Bird LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Attention: Daniel R. Weede, Esq. , 1OTFt: (}[CI( ANT. TEtmED: , ()WII: BY __ DEPUTY CLERK 563.00 $63.00 $.00 UPON RECORDING RETURN TO~" Bryant, Miller and Olive, P.A. 20i Suulh lvIourot: Street, Suite 500 Tallahassee, Florida 32301 Attention: Mark Lawson, Esq. ~,;')')T if LI Parcel # 07-29-16-16442-000-0010 ...c; Mf.f ~i< MH=':~~'=-~u "_._,-~~-- ~;,L--7'k" ~~EC ~..L~~'-J DS Of1.2HJ ._.__,.., f)~ ,,0 HIT PH'I> MH' PiC Rnl ,-" TOTAL SPECIAL WARRANTY DEED ____'..ul ---"" ' THIS INDENTURE made as of the 30th day of August, 2002 by HOME \ t5F: L' DEPOT U.S.A., INC., a Delaware corporation having its principal place of business at (PJ,~')t:J 2255 Paces Ferry Road, Atlanta, Georgia 30339, hereinafter called the Grantor, to THE CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose mailing address is Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida 33756, hereinafter called the Grantee;. ~'/1?" Vi,) (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors a..l1d assigns of corporations and entities) WITNESSETH: That Grantor, for the sum ofTen Dollars ($10.00) and other good and valuable consideration, in hand paid at and before the sealing and delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed and by these presents does grant, bargain, sell, alien, convey and confirm unto Grantee all that tract or parcel of land situate in Pinellas County, Florida, and being more particularly described on Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the said bargained premises, together with all and singular the rights, members and appurtenances thereof, to the same being, belonging or in any wise appertaining, to the only proper use, benefit and behoof of Grantee, forever, IN FEE SIMPLE. ATLOllII161413v3/ s7 Deed Drew Street, Clearwater, FL; The City of Clearwater; Store #246; CLMS #RE-2002-006987 PINELLAS COUNTY rLA, Orr,REC,BK 121Se PO 480 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. This Deed and the warranty oftitle contained herein are made expressly subject to the list of permitted exceptions set forth on Exhibit B attached hereto and made a part hereof, and the restrictions set forth on Exhibit C attached hereto and made a part hereof. [The remainder of this page is intentionally left blank:.] - 2 - ATLOlIl 1 161413v3/ 57 Store #246; CLMS #RE-2002-006987 Deed Drew Street, Clearwater, FL; The City of Clearwater; PINELLRS COUNTY rLR, Orr,REC.BK 12188 PG 481 IN WITNESS WHEREOF, Grantor has signed and sealed this deed, the day and year first above written. Signed, sealed and delivered in the Presence of: . HOME DEPOT U.S.A., INC., e- li/ ~ ~e UZL1r-' . a Delaware corporation (;{ju--C,., ill ,v')'~ /i Witness '., '. . W.II" By: ~~ NatNe~ C 1 U r I a I I am s N~e:, .. ,"', .Ieft Israel TItle: ":~:N(;f)rporate Cflunse!. Real F;;tai" UJ1i(} ~ ~., A_ ~~-UJ~ Witness Name: 1)1\\16" &DP~ [CO~()RAT.E SEAL] '. '~ '., .) :;,; '" ...<0. ~~O^ r'l ~ \\" ('. . \ ~ ( : (;;, 1f":' AL I ~ ~I \ p~ " J ( ... - \~ ..~ "l' A' ~~ ............ ~, - ~tt~,l,n,.,'iJl~?c.....;..; "iJ'o\:,<~~:>."'~(:;,~ The foregoing instrument was acknowled ed before me this tit day of August, 2002, by -S L-~~ I ~~ U , the . - pfHOME DEPOT U.S.A., INC., a Delaware c~rporation, on be alf ofthe corporation. Said officer is personally kno~e. . . ~bliC ~J /( 1t~//fL2 Commission Number: My Commission Expires: ,/rJl~c2;t'-LP3 STATE OF GEORGIA COUNTY OF COBB (NOJ'~lLV~a.q _ _~_ ~.~:: "OFFjCifJ. SEf~u :':;: ~jE Glenda M, WJggins ~E- ~(j~: Nohlry Pubiic Slate of Georgia ::11:: ~~:: .. . I ' ~ :::i,:;: lel1 {'j,lmrnISSlon Expires 12-27-o3~ ~.~~~ ... ..... .. . .. - 3 - ATLOI/11161413v3/ s7 Deed Drew Street, Clearwater, FL; The City of Clearwater; Store #246; CLMS #RE-2002-006987 T. "" I ,..... PtNELLR5 ~~~~~Yp~LR4e2 Off ,REC ,BK _ _ ___ I~CC:\lBE~CY{sECRETAR1AL CERTIFICATE Th~ undersign~d Assistant S~cretJry of Home Depot U.S.A., [nc., a Delaware COrporation (the "Corporation"), hereby certifies: 1, That the resolutions below constitute a true and correct copy of the resolutions contained in the Home Depot U.S.A., Inc. Unanimous Written Consent of the Board of Directors in lieu of A Special Meeting, effective September II, 2000, and that these resolutions have not been amended, annulled, rescinded or revoked and remain in full force and effect as of the date hereof. RESOLVED, that the Chairman of the Board, the President and Chief Executive Officer, the Senior Vice President-Legal, the Senior Vice President-Real Estate, the Vice President-Real Estate Law Group, each of the Senior Corporate Counsels-Real Estate, and each of them acting alone or together, or their duly delegated designee, are hereby authorized and directed, in the name of the CorPoration, to take such steps as are necessary or desirable to effect the Corporation's policy of expansion and maintenance of its properties including, but not limited to, the acquisition, disposition or financing of real estate, the execution of Leases, Reciprocal Easement Agreements. Development Agreements, Easements, Servitudes, Rights of Way, Assignments and any amendments or modifications to the foregoing, or any other instrument required to accomplish the aforesaid Corporate purposes; and FURTHER RESOLVED, that the Chairman of the Board, the President and Chief Executive Officer, the Senior Vice President-Legal, the Senior Vice President-Real Estate, the Vice President-Real Estate Law Group, each of the Senior Corporate Counsels-Real Estate, and each of them acting either alone or together, or their duly delegated designee, are hereby authorized and directed, in the name of the Corporation, to take, or cause to be taken, any and all actions and to execute and deliver any and all such other contracts, assignments, easements. conveyances, deeds, leases, subleases, agreements, certificates, instruments or any other documents as such individual or delegated designee may consider necessary or desirable to carry out the foregoing resolution and the transactions contemplated thereby; and FURTHER RESOLVED, that these resolutions hereby revoke and supersede any other resolutions that heretofore granted the delegation of corporate authoritY to execute and deliver real estate documents by and on behalf of the Corporation. i: \corpo r1It\hd usa \i nc umOO, doc 'f ~ ;c ..: -" #Or .. PINELLAS COUNTY rLA Qrr,~EC.8K 12188 PG 4eS 2. The persons named below are on the date hereof duly designated and qualified signatories of the Corporation, as set forth opposite their name, and the signature appearing opposite their name is the genuine facsimile signature of said signatory: ~ Ii1k Kathryn E. Lee Vice President- Real Estate Law Randall H. Stephens Senior Corporate Counsel- Real Estate Jeff A. Israel Senior Corporate Counsel- Real Estate Si~ature ~~ IN WIlNESS WHEREOF, the undersigned as hereunto affixed the seal of the Corporation and set her signature, on this the ~day of.~ ,20Ql. [CORPORATE SEAL] ..r~:'J:"":',\~":l ,,#'~~'u , U'~'-4., )~. " ~,"", ..........~~ ;' v ,0' 90A41'f' ,,~ .0 o~ :o'-'\.) ".' i:i i ~~~ J ~ ...S ,~ .. '0. , . o. ..' .., ......... ~~ '" DEL~~,." ""....."......" s PINELLAS COUNTY rLA, Orr,~EC.eK 12198 PG 484 EXHIBIT A TO DEED LEGAL DESCRIPTION Parcell: ("Home Depot Site") Lot 1, THE CLEARWATER COLLECTION SECOND REPLAT, according to the plat thereof recorded in Plat Book 107, pages 24 and 25, Public Records of Pin ell as County, Florida. TOGETHER WITH rights of ingress and egress as reserved in Warranty Deed recorded in Official Records Book 1479, page 95, Public Records of Pin ell as County, Florida. TOGETHER WITH non-exclusive easements for ingress and egress, the passage and accommodation of vehicles pedestrians, separate and common utilit'j lines, construction, reconstruction, development, erection, removal and maintenance of certain improvements and other matters as are more particularly created, defined, located and limited in that certain Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons Shopping Center Operation and Reciprocal Easement Agreement between by and between Home Depot U.S.A., Inc., a Delaware corporation, Target Corporation, a Minnesota corporation, formerly known as Dayton Hudson Corporation, and Clearwater Collection Associates, Ltd., a Florida limited partnership, and as same is joined into and executed by the City of Clearwater, Florida, a municipal corporation of the State of Florida, and The Phillies,a Pennsylvania limited partnership, and delivered and recorded in the Official Records of Pinellas County, Florida in conjunction with the conveyance to the City of Clearwater of foregoing described portion of Lot 1, The Clearwater Collection Second Rep1at, from Home Depot U.S.A., Inc. TOGETHER WITH non-exclusive easement rights as granted by Parking and Driveway Easement recorded in Official Records Book 6440, page 2002, as amended by Amended Parking and Driveway Easement recorded in Official Records Book 6735, page 212, Public Records of Pinellas County, Florida. TOGETHER WITH a non-exclusive easement as described in that certain Drainage easement Agreement recorded in Official Records Book 6618, page 2190, Public Records of Pinellas County, Florida. LESS AND EXCEPT, those portions of the above easement properties which lie within the properties taken, in fee simple, designated as Parcels 111 and 123 by Case No. (Eminent Domain) 99-4965-CI, as evidenced by that Lis Pendens recorded in Official Records Book 10598, page 2406; Stipulated Order of Taking & Final Judgment recorded in Official Records Book 10714, page 617; and stipulated Order of Taking and final Judgment recorded in Official Records Book 10714, page 620; Stipulated Order of Taking and Partial Final Judgment recorded in Official Records Book 10714, page 624; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, page 628; Order of Taking recorded in Official Records Book 10741, page 2041; Stipulated Final Judgment recorded in Official Records Book 11611, page 1495 and Amended Order of Taking and Stipulated Final Judgment recorded in Official Records Book 11704, page 1408, Public Records of Pin ell as County, Florida. LESS AND EXCEPT those portions of the above easement properties which lie within the properties taken, in fee simple, designated as P.arcel 119 by Case No. (Eminent Domain) 99- ATLOI/1116l413v3/ s7 Store #246; CLMS #RE-2002-006987 ~ Deed Drew Street, Clearwater, FL; The City of Clearwater; ~INELLRS COUNTY rLR. Orr,REC.8K 12198 ~u 485 5089-CI, as evidenced by that Lis Pendens recorded in Official Records Book 10604, page 2207; Stipulated Order of Taking and FinaUudgment recorded in Official Records Book 10662, page 353 and Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10874, page 2276, Public Records of Pin ell as County, Florida. LESS AND EXCEPT that portion of said Lot 1 taken, in fee simple, designated as Parcel 120 by Case No. (Eminent Domain) 99-4965-CI, as evidenced by that Lis Pendens recorded in Official Records book 10598, page 2406; Stipulated Order of Taking & Final Judgment recorded in Official Records Book 10714, page 617; and Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, page 620; Stipulated Order of Taking and Partial Final Judgment recorded in Official Records Book 10714 page 624; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, page 628; Order of Taking recorded in Official Records Book 10741, page 2041; Stipulated Final Judgment recorded in Official Records Book 11611, page 1495 and Amended Order of Taking and Stipulated Final Judgment recorded in Official Records Book 11704, page 140S, Public Records of Pinellas County, Florida. ATLOl/11161413v3/ s7 7 Deed Drew Street, Clearwater, FL; The City of Clearwater; Store #246; CLMS #RE-2002-006987 PINELLRS COUNTY rLR. Orr .REC,BK 12198 PG 4B8 EXHIBIT B TO DEED PERMITTED TITLE EXCEPTIONS Subject to all matters of public record, all matters which would be revealed by a current and accurate survey and inspection of the subject land, and all ad valorem taxes and assessments which are a lien but not yet due and payable, including, but not limited to the following: 1. All easements, restrictions and encroachments of record or which would be ascertainable by an inspection or survey of the Property. 2. All existing zoning laws and ordinances. 3. All taxes and assessments for the year 2002 and thereafter, not yet due and payable. 4. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of The Clearwater Collection Second Replat, as recorded in Plat Book 107, at Page 24, Public Records of Pinellas County, Florida. 5. Easement in favor of Pinellas County, contained in instrument recorded March 2, 1973 in Official Record Book 3999, at Page 762, Public Records of Pinellas County, Florida. 6. Easement in favor of Pinellas County, contained in instrument recorded March 2, 1973 in Official Record Book 3999, at Page 760 as amended in Official Record Book 6592, at Page 1481, Public Records of Pinellas County, Florida. 7. Terms and conditions of Parking and Driveway Easement as set forth in instrument recorded in Official Record Book 6440, at Page 2002 as amended in Official Record Book 6735, at Page 212, Public Records of Pin ell as County, Florida. 8. Easement in favor of Florida Power Corporation, contained in instrument recorded May 29, 1987 in Official Record Book 6504, at Page 1405, Public Records of Pinellas County, Florida. 9. Non-Exclusive Easement in favor of City of Clearwater, contained in instrument recorded October 20, 1987 in Official Record Book 6605, at Page 82, Public Records of Pinellas County, Florida. 10. Easement in favor of City of Clearwater, contained in instrument recorded October 20, 1987 in Official Record Book 6605, at Page 84 together with Subordination of City Utility Interest recorded in Official Record Book 8698, at Page 1126; Official Record Book 8698, at Page 1153 and Official Record Book 8698, at Page 1157, Public Records of Pinellas County, Florida. 11. Easement in favor of City of Clearwater, contained in instrument recorded October 20, 1987 in Official Record Book 6605, at Page 86, Public Records of Pinellas County, Florida. 12. Easement in favor of Florida Power Corporation contained in instrument recorded December 10, 1987 in Official Record Book 6640, at Page 448 together with Subordination of City Utility Interest recorded in Official Record Book 8813, at Page 1298; Official Record Book 8813, at Page 1310; Official Record Book 8835, at Page 951; Official Record Book 8835, at Alston & Bird g PINELLAS COUNTY rLA, Orr ,REC,BK 12195 PG 4B7 Page 955; Official Record Book 9156,at Page 1563 and Official Record Book 8835, at Page 959, Public Records of Pinellas County, Florida. 13. Easement in favor of City of Clearwater, contained in instrument recorded March 11, 1988 in Official Record Book 6698, at Page 907 together with Subordination of City Utility Interest recorded in Official Record Book 8698, at Page 1126; Official Record Book 8698, at Page 1153; Official Record Book 8698, at Page 1157; Official Record Book 8813, at Page 1273 and Official Record Book 8813, at Page 1278, Public Records of Pinellas County, Florida. 14. Declaration of Restrictions recorded in Official Record Book 6616, at Page 1104, Public Records of Pinellas County, Florida. 15. Terms and Conditions of Drainage Easement Agreement recorded in Official Record Book 6618, at Page 2190, Public Records of Pinellas County, Florida. 16. Terms and Conditions Unrecorded Lease Agreement dated January 28, 1987 as disclosed by Drainage Easement recorded in Official Record Book 6618, at Page 2190, Public Records of Pinellas County, Florida. 17. Restrictions set forth in Warranty Deed recorded in Official Record Book 6735, at Page 188, Public Records of Pinellas County, Florida. 18. Restrictions set forth in Warranty Deed recorded in Official Record Book 6735, at Page 194, Public Records of Pinellas County, Florida. 19. Restrictions as set forth in Warranty Deed recorded in Official Record Book 6735, at Page 200, Public Records of Pinellas County, Florida. 20. Restrictions set forth in Warranty Deed recorded in Official Record Book 6735, at Page 206, Public Records of Pinellas County, Florida. 21. Declaration of Unity of Title recorded in Official Record Book 7540, at Page 2223, Public Records of Pinellas County, Florida. 22. Permanent Easement (designated as Parcel 810) as Disclosed by Case No. (Eminent Domain) 99-4965-C1, recorded in Official Record Book 10598, at Page 2406 together with Official Record Book 10714, at Page 617; Official Record Book] 0714, at Page 620; Official Record Book 10714, at Page 624; Official Record Book 10741, at Page 2041; Official Record Book 11611, at Page 1495 and Official Record Book 11704, Public Records of Pinellas County, Florida. 23. Temporary Construction Easement (designated as Parcels 724 and 727) as disclosed by Case No. (Eminent Domain) 99-4965-CI, recorded in Official Record Book 10598, at Page 2406 together with Official Record Book 10714, at Page 617; Official Record Book 10714, at Page 620; Official Record Book 10714, at Page 624; Official Record Book 11611, at Page 1495 and Official Record Book 11704, at Page 1408, Public Records of Pinellas County, Florida. 24. Terms and Conditions of Rights of ingress and egress as reserved in Warranty Deed recorded in Official Record Book 1479, at Page 95, Public Records of Pine lIas County, Florida. Alston & Bird t:( PINEllAS COUNTY rlA. Orr .REC.BK 12186 PG 4BB 25. Terms and provisions as contained in Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons Shopping Center Operation and Reciprocal Easement Agreement between Home Depot U.S.A., Inc., a Delaware corporation, Target Corporation, a Minnesota corporation, formerly known as Dayton Hudson Corporation and Clearwater collection Associates, Ltd., a Florida limited partnership; joined into and executed by the City of Clearwater, Florida, The Phillies, a Pennsylvania limited partnership and Bank of America, N .A., recorded immediately prior to this Deed. Alston & Bird /0 '. . EXHIBITC. TO DEED PINELLRS COUNTY rLR. Orr .~EC,BK 12198 PG 4S9 RESTRICTIONS 1. No portion of the Property shall be used for the sale, display, lease or distribution of lumber, hardware items, plumbing supplies, electrical supplies, paint, wallpaper and wallcoverings, hard and soft flooring (including, without limitation, tile, wood flooring, rugs and carpeting), interior design services, kitchens or bathrooms or components thereof (including, without limitation, tubs, sinks, faucets, mirrors, cabinets, showers, vanities, countertops and related hardware), indoor and outdoor lighting, window treatments (including, without limitation, draperies, curtains and blinds), cabinets, siding, ceiling fans, gardening supplies, nursery products, pool supplies, patio furniture and patio accessories, non-patio furniture (including, without limitation, home entertainment centers), kitchen appliances (including, without limitation, counter top small appliances and cookware), closet organizing systems, pictures or picture framing, or Christmas trees. -.. ." ATLOlIlI l6l413v3/ s7 Store #246; CLMS #RE-2002-006987 II Deed Drew Street, Clearwater, FL; The City of Clearwater; C('p I I PURCHASER'S AFFIDAVIT REGARDING BROKERS STATE OF FLORIDA COUNTY OF PINELLAS The undersigned deponent, William B. Home, II (the "Deponent"), having personally appeared before the undersigned notary public and first having been duly sworn according to law, deposes and says under oath as follows: 1. Deponent is presently the City Manager of THE CITY OF CLEARWATER, a municipal corporation ofthe State of Florida (the "Purchaser"). 2. In such capacity, the Deponent has personal knowledge of the facts sworn to in this affidavit and such facts are true and correct. 3. The Purchaser is this day purchasing from Home Depot U.S.A., Inc. ("Seller") certain real estate, a description of which is set forth on Exhibit A to that certain Special Warranty Deed executed as of even date herewith from Seller in favor of Purchaser and made a part hereof (the "Property"). 4. Purchaser has not entered into any written agreement with, or otherwise engaged the services of, any commercial real estate broker for the payment of a real estate commission or fee relating to the purchase, sale, management, leasing or other licensed services pertaining to Commercial Real Estate, and Purchaser has received no notice of any lien for any such services. This Affidavit is given to comply with the Purchase and Sale Agreement between the Parties. Certified., Awom to and subscribed before ~~a?1J:w ~tary PublicLl tJ O( . \ JJlZtJI S6 n ~ I SOIJ My Commission Expires: (pl/ ~ /;({)()~ I . CITY OF CLEARWATER, FLORIDA, a municipal co ation of the State of Florida (NOTARIAL SEAL) "~V'~U'" Denise A. Wilson ff:f;&' '~~ MY COMMISSION # CC914107 EXPIRES ~~\ : ~ June 18, 2004 ~'1,?f c;; ilr.~ 80NOEO TH~U TROY FAIN IN.uaAN'~ tHe ""'I~-"".