MARIA REAL ESTATE INC (8)
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BLANKET CONVEYANCE, BILL
OF ~AT.R AND ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT MARIA REAL ESTATE INC., a Florida municipal corporation
("Grantor"), having an address at 2502 Rocky Point Road, suite
695, Tampa, Florida 33607, for and in consideration of the sum of
Ten and NO/100 Dollars ($10.00) cash and other good and valuable
consideration in hand paid by The City of Clearwater, Florida, a
Florida municipal corporation, having an office at 112 South
Osceola Avenue, Clearwater, Florida 34616 ("Grantee"), the
receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD, ASSIGNED, TRANSFERRED, CONVEYED and
DELIVERED and does by these presents GRANT, SELL, ASSIGN,
TRANSFER, CONVEY and DELIVER unto Grantee, all of Grantor's
right, title and interest, to the extent assignable, and without
any representation or warranty whatsoever as to such
assignability, all of the other conveyed Assets (as hereinafter
defined), if any, located on, affixed to, and used in connection
with the real property located in Pinellas County, Florida and
more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference or the improvements located
thereon (all such real property and the improvements located
thereon, are cOllectively called the "Property"):
1. If any, all machinery, furniture, furnishings,
equipment, fittings, fixtures, electronic business machines,
computers, data processing machinery, and all other office and
other equipment and all other articles of personal property of
every kind and nature whatsoever affixed to, or attached to, or
placed upon and used in any way in connection with the use,
enjoYment, occupancy or operation of the Property, including, but
without limiting the generality of the foregoing, if any, all
heating, lighting, incinerating, landscaping, loading, unloading,
garage and power equipment and supplies, engines, pipes, pumps,
tanks, motors, conduits, switchboards, plumbing, lifting,
cleaning, fire prevention, fire extinguishing, sprinkler systems,
refrigerating, ventilating, and communications apparatus, air
cooling and air conditioning apparatus, elevators, escalators,
storm doors and windows, partitions, ducts and compressors,
shades, blinds, curtains, draperies, awnings and screens, rugs,
carpets and other floor coverings, hall and lobby equipment,
vehicles, paintings, pictures, tapestries, wall hangings,
decoration, pottery and all other works of art, all vacuum
cleaning systems, all substitutions, attachments, components,
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parts, equipment and accessories relating to all of the
foregoing; provided, however, the foregoing shall not include any
personal property owned by or leased by third parties to any
tenant occupying the Property, to the extent that the same does
not become the property of Grantor under the lease with any such
tenant or under applicable law (the "Personal Property"); and,
provided, further, that the enumeration of specific categories or
items of personal property in this Section 1 for purposes of
defining the term "Personal Property" shall in no way or manner
be construed as a representation or warranty, express or implied,
that any of such categories or items of personal property are in
fact affixed or attached to or have been placed upon and used in
any way in connection with the use, enjoyment, occupancy or
operation of the Property or that Grantor shall have any
assignable interest therein.
2. All names, logos, trademarks, copyrights and designs
used or created in connection with the ownership or operation of
the Property, if any, including, without limitation, the name
"The Atrium at Clearwater Square", together with the goodwill
appurtenant to each of such names, logos and designs (the "Trade
Names");
3. All warranties and guaranties relating to the Property
or any portion thereof or the Personal Property or any portion
thereof, if any (the "Warranties");
4. All right, title and interest of Grantor, if any, as
lessee under any equipment leases relating to equipment or
property located upon the Property and used in connection
therewith (the "Equipment Leases");
5. All materials and brochures, ledger cards, maintenance
and operating records, keys and telephone exchange numbers (the
"Property Assets");
6. All plans and specifications for the construction of
the improvements located on the Property including, without
limitation, all fixtures and equipment necessary for operation
and occupancy of such improvements including such amendments
thereto, if any (the "Plans");
7. All oil, gas and mineral rights of Seller, if any, in
and to the Property (the "Mineral Rights");
8. If any, all compensation, awards, damages, rights or
causes of action and proceeds arising from any taking by any
lawful power or authority by exercise of the right of
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condemnation or eminent domain with respect to any of the
Property (the "Condemnation Proceeds");
9. All prepaid water and sewer charges, capacity and
capacity reservation fees, utility deposits, hook-up or
connection fees, impact fees or use charges, and all other
governmental charges, fees, deposits and credits respecting the
property for the period on and after the date hereof
(collectively, the "Governmental Credits");
10. The rights of Seller under the Development Agreement
dated as of July 14, 1983 and recorded in Official Records Book
5868, Page 1530 of the Public Records of pinellas County, FL (the
"Development Agreement"); and
11. To the extent not otherwise included, all "proceeds" of
the foregoing as defined in the UCC which, in any event, shall
include, but not be limited to, (i) any and all proceeds of
insurance, indemnity, warranty or guaranty payable to Grantor
from time to time with respect to any of the Property, (ii) any
and all paYments in any form whatsoever made or due and payable
to Grantor from time to time in connection with any requisition,
confiscation, condemnation, seizure or forfeiture of all or any
part of the Property by any governmental body, authority, bureau
or agency or any other person (whether or not acting under color
or governmental authority) and (iii) any and all other amounts
from time to time paid or payable under or in connection with the
Property or any of the other property or interests hereby
conveyed, sold or assigned by Grantor to Grantee (the
"Proceeds").
TO HAVE AND TO HOLD the Personal Property, Trade Names,
Warranties, Equipment Leases, property Assets, Plans, Mineral
Rights, Condemnation Proceeds, Governmental Credits and
Development Agreement (all of the foregoing being hereinafter
sometimes collectively referred to as the "conveyed Assets") unto
Grantee and Grantee's successors, legal representatives and
assigns, forever.
This conveyance is subject to the encumbrances set forth on
Exhibit "B" attached hereto and incorporated herein by reference.
Grantor (for itself and on behalf of Grantor's legal
representatives, successors and assigns) hereby warrants,
represents, covenants and agrees with Grantee that Grantor has
full right, power and authority to make this Blanket Conveyance,
Bill of Sale and Assignment and to consummate the transactions
contemplated hereby, subject to the terms and conditions hereof.
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All of the covenants, terms and conditions set forth herein
shall be binding upon and inure to the benefit of the parties
hereto, their respective successors, personal and legal
representatives, heirs, devisees and assigns.
This Blanket Conveyance, Bill of Sale and Assignment may be
executed in any number of counterparts, each of which shall be
deemed an original but all of which together shall constitute one
Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Blanket Conveyance, Bill of Sale and Assignment this 29th day of
March, 1993.
GRANTOR:
f WtJtirrJ
MARIA REAL ESTATE INC., a
Florida rporation
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McCARTHY
Titl : Vice President
Address: 2502 Rocky Point
Road, suite 695
Tampa, FL 33607
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ACKNOWT.RnGMRNTS
STATE OF FLORIDA )
, ) ss:
COUNTY OF \-\\\\s\:o[~
The foregoing instrument was acknowledged before me the 29th
day of March, 1993, 'by JOSEPH F. McCARTHY as Vice President of
Maria Real Estate Inc., orida-corpor~ion, on behalf of the
corporation. He/she is e sonall known t~ or has produced
as identification an did]a1d not take an oath.
~(Q" 00 "'-"-- (I~o~
(S1gnature of Person Taking
Acknowledgment)
~(')\<?_<? ~ C o~e\\
(Name of Acknowledger Typed, Printed
or stamped)
~ (~\-C')( C r-> ,- \.)"\ L_e 'S ()\'~ c ~,'
(T1tle or RaNt)
01' 60
(Serial Number)
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EXHIBIT RAR
LEGAL DESCRIPTION OF THE LAND
PARCEL III:
Lots 1, 2, 3 and 4, Block "13" of GOULD AND EWINGS 1ST AND
2ND ADDITION TO CLEARWATER - HARBOR, FLORIDA according to a
map or plat thereof recorded in Plat Book 1, Page 52 of the
Public Records of Hillsborough County, Florida of which
Pinellas county was formerly a part, less road right-of-way,
together with that portion of said Block "13" which was
formerly an alley, running East and West through said Block
"13", also vacated railroad right-of-way described as
follows: Begin at Southeast corner of said Lot 2, Block
"13", run thence East, along the Northerly right-of-way of
Park Street, 60.18 feet thence Northerly along the Easterly
right-of-way line of said railroad right-of-way also the
West lines of Lots 7 & 8, Block "20" of said GOULD AND
EWINGS 1ST AND 2ND ADDITION, 229.0 feet more or less to the
southerly right-of-way line of Cleveland Street; thence
West, along the said right-of-way line; 60.18 feet thence
along the Westerly right-of-way line of said railroad right-
of-way line also the Easterly line of Lots 2 and 3, Block
"13", of said GOULD AND EWINGS 1ST AND 2ND ADDITION, 228.93
feet more or less to the Point of Beginning. All being in
section 16, Township 29 South, Range 15 East, Pinellas
County, Florida.
ALSO DESCRIBED AS:
Beginning at the Southeast corner of Lot 2, Block 13 of said
GOULD AND EWINGS 1ST AND 2ND ADDITION; thence along the
Northerly right-of-way of Park Street (Park Avenue - Plat)
(A 60 foot right-of-way), North 89045'53" West, 110.22 feet
to the Southwest corner of Lot 1, Block 13 of said GOULD AND
EWINGS 1ST AND 2nd ADDITION; thence along the Eastern right-
of-way of South Garden Avenue North 00002'16" East 227.94
feet to the apparent Southerly right-of-way line of
Cleveland Street as it now exists; thence South 89050'01"
East 189.03 feet to the Easterly line of the vacated
S.C.L.R.C. right-of-way; thence South 04042'26" West 228.86
feet (229.00 feet, Deed) to the Northerly right-of-way of
Park Street (Park Avenue - Plat) (A 60 foot right-of-way);
thence North 89045'53" West, 60.18 feet to the Point of
Beginning.
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Together with all those volumes of air space situate in the
City of Clearwater, Pinellas County, Florida, containing the
third and fourth floors of a parking garage structure and
the ramp leading from the second floor to the third floor
thereof, as described in Parcels I and II as follows:
PARCEL I:
Commence at the Northeasterly corner of Lot 3, Block "6"
MAGNOLIA PARK SUBDIVISION as recorded in Plat Book 1, Page
70, Public Records of Hillsborough County, Florida of which
Pinellas County was formerly a part, as a point of
reference; thence North 89045'53" West, along the Southerly
right-of-way of Park Street (Park Avenue - Plat) (A 60 foot
right-of-way) 218.94 feet; thence South 00014'07" West,
15.00 feet to a point on the face of a precast concrete
wall, said point being the point of beginning; thence
continue along the face of said wall South 89045'53" East,
189.21 feet; thence South 00014'07" West, 206.42 feet;
thence North 89045'53" West, 94.38 feet to point "A" for
convenience; thence North 89045'53" West, 94.83 feet to the
intersection of the face of said precast concrete wall and
the face of a masonry wall; thence North 00014'07" East,
206.42 feet to the point of beginning.
The lowest limits of said air space being the bottom of the
support beams for the third floor of the parking garage at
the lowest level of said beams, having an elevation of 43.71
feet. The upper limits of said air space being an elevation
of 64.21 feet elevations referenced to National Geodetic
vertical Datum of 1929, Mean Sea Level - 0.00.
PARCEL II:
Commence at the aforedescribed point "A" as a point of
reference; thence North 00014'07" East, 184.21 feet to the
point of beginning of a 63.00 foot strip being 31.50 feet on
each side of the following described line; thence South
00014'07" West 162.0 feet to the point of termination.
The lower limits of said air space being an inclined plane
along the bottom of the support beams for the ramp leading
from the second to third floors of the parking garage. The
lower point of which is the point of beginning having an
elevation of 35.71 feet; the upper point of which is the
Southerly boundary thereof having an elevation of 43.71
feet.
The upper limits of said air space being the lower limits of
Parcel No. I above described.
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EXHIBIT "B"
PERMITTED ENCUMBRANCES
1. Rights of parties in possession not shown by the public
records.
2. Taxes for the year 1993 and taxes or special
assessments which are not shown as existing liens by
the public records.
3. Any claim that any portion of the Premises are
sovereign lands of the state of Florida, including
submerged, filled or artificially exposed lands and
lands accredit to such lands.
4. Encroachments, overlaps, boundary line disputes, and
any other matters which would be disclosed by an
accurate survey and inspection of the premises,
provided same do not materially affect marketability of
title.
5. Easements or claims of easements not shown by the
public records.
6. Development Agreement recorded October 30, 1984 in
Official Records Book 5868, Page 1530, and Amendment in
Official Records Book 5868, Page 1543; Conditional
Assignment thereof recorded December 11, 1984 in
Official Records Book 5893, Page 662 and Assignment and
Assumption as recorded January 19, 1988 in Official
Records Book 6664, Page 823 and Consent thereof as
recorded August 10, 1988 in Official Records Book 6809,
Page 250, all of the Public Records of Pinellas County,
Florida.
7. Easement to Florida Power Corporation recorded August
29, 1985 in Official Records Book 6064, Page 447 of the
Public Records of Pinellas County, Florida.
8. Easement as Reserved in Warranty Deed recorded in
Official Records Book 6408, Page 1087 of the Public
Records of Pinellas County, Florida.
9. Notice as recorded on January 29, 1992 in Official
Records Book 7797, Page 2263, of the Public Records of
Pinellas County, Florida.
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