NEW PLAN EXCEL REALTY TRUST INC
F<I::V
_.,-~,", is instrument was prepared by
. ,..,..-, a~d return to:
E. D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A.
P. 0, Box 1368
Clearwater, FL 33757-1368
1
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file --to
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ioi"\.
KARlEEN F. DE BLAKER, CLERK OF ~T
PlHELLAS COUNTY, FLORIDA
-~=--------------------------------
2C194~9 09-12-2002 15:10:43 SGH
51 DE~ PLAN EXCEL
000000 . '\
IU:02340159\Bl(:1221? sp . . 5 EPG:0911
RECORDING OCflPAGES 1 $33.00
DOC STAMP - DR219 $3,873.10
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THIS DEED IS BEING RE-RECORDED TO CORRECT
AN ERROR IN THE PAGE NUMBERS OF THE PLAT
BOOK DESCRIBED IN EXHIBIT "A".
rCT.~i
$3,906.10
~AMY'fENDERED: $3,906.10
/ CHANGE. $. 00
BY __ ~_ DEPUTY CLERK \",
iN"T
,~EES
M"jF
:.J..'C
3 : 1 OPM
P 805
02-347838 SPT-18-2002 4: 19p~
PIN~LLRS co BK 12227 PO 2392
__ .' . 11111111I1111111111UlIII~ 11I111111111~lltillllt
SPECIAL WARRANTY DEED
THIS INDENTURE made this S t.fJ r. Lf , 2002, between NEW PLAN
EXCEL REALTY TRUST, INC., a Maryland corporation, ("Grantor"), whose post office
address is 1120 Avenue of the Americas, New York, NY 10036, and CITY OF
CLEARWATER, FLORIDA, a municipal corporation ("Grantee"), whose post office
address is P. O. Box 4748, Clearwater, FL 33758-4748.
WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised,
released, conveyed and confirmed, and by these presents doth grant, bargain, sell,
alien, remise, release, convey and confirm unto the said Grantee, and its successors
and assigns forever, the following described land lying and being in the County of
Pinellas, State of Florida, more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein.
TOGETHER with all the tenements, hereditaments and appurtenances, with
every privilege, right, title, interest and estate, reversion, remainder and easement
thereto belonging or in anywise appertaining (all of the foregoing together with the
Exhibit "A" land are hereinafter collectively referred to as the "Property").
SUBJECT TO the matters set forth on Exhibit "B" attached hereto and
incorporated herein.
/ 2 '-0'/'
~I/
"
.p IN~OUNTY FLR ~\
OF~C~8K 1~17 PG/S08
PINELLRS COUNTY FLR,
OFF ,RtC,8K 12227 pa 2~e~
The aforedescribed property is a portion of tax parcel number
17/29/16/00000/310/0200. The tax identification number for the Grantee is
TO HAVE AND TO HOLD the same in fee simple forever.
And the said Grantor does hereby fully warrant the title to said Property, and will
defend the same against the lawful claims of all persons claiming by, through or under
the Grantor, but against none other.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be
signed the day and year above written.
Signed, Sealed and Delivered
in our presence
~
"Slgnature
NEW PLAN EXCEL REALTY TRUST,
INC., a Maryland corporation
By: Jt6rt)Q4 ~?4vt1tz3
Thomas L. Mulkey .
Senior Vice President
hi(. -:I,54h?
Print Name
s~~
fl.aLhel ~v r) d.iU{
Print Name
(Corporate Seal)
KARLEEN F. DE BLAKER, llERK (f ~T
P1tnLAS COI.MY, Flli1DA
----
5C1917?O 09-18-2002 16:20:29 JTF
51 DED-RE-REC CITY (f CLli
006B07
11:02347638 BK:12227 SPG:2392 EPG:2398
RElW1t<<i 0(Y7 PAGES 1 $33.00
TDTIl: $33.00
1lECl( AKT. TENDERED: $n 00
CIW<<: .J.J.
~ ~V~ $.00
2
COUNTY OF DAVIS
)
)
PINELLRS COUNTY rLR,
Orr ,REC,8K 12227 PG 2384
STATE OF UTAH
The foregoing instrument was acknowledged before me this June '2S1!, 2002, by
Thomas L. Mulkey, as Senior Vice President of NEW PLAN EXCEL REAL TV TRUST,
INC., a Maryla.nd corporation, lJ. behalf of the corporation. He [is personally known to
me] [has produced. U;I-. .1-.. as identification].
, ,'oJ..
r'"'"".....(Wr~ r'hJl.."yr-l.I;:;:',; ~ ~ ~' .
I l~II~' i~~ ~~1~1,~~rt~nE~.~J~~'1 tdLL LX.. ~/ I7LI
I ~ . t~~' .j~, Salt L,,\:e Clty,Utah 84123 , otary PUbliCJ' uW .
0) ,." ;;1 My Commission Expires ;I I ' A 1'/1
I ~<$-~., ,.l/ March 2, 2003 'iJ Print name: fA.-, I. y",5
, tu6 State of Utah '"
L. - - - - - - - - - - -" My commission expires: c5/,:;-) ~3
08/09/94 4:33 PM d-1
33638.103553
#269464 v1
3
EXHIBIT "A"
PIN~LLR$ COUNTY rLR,
Off ,R~C,8K 12227 PG~3S~
~---------
,-
Lot 9, CLEARWATER MALL, according to the plat thereof as recorded in Plat Book
125, Pages 2(X.~, Public Records of Pin ell as County, Florida.
21-29,
Together with the benefit of that certain Ingress/EgresslUtility Easement (Private) on a
non-exclusive basis, as described in that certain Clearwater Mall Plat, as recorded in Plat
Book 125 Pages 1J~~ Public Records of Pine lIas County, Florida and as further
described on Exhibit "C" attached hereto and made a part hereof.
,
.
/
EXHIBIT "B"
PINELLAS COUNTY rLA,
OFF,~EC,8K 12227 PG 2~SS
1. Taxes and assessments for the year 2002 and subsequent years, which are not
yet due and payable.
2. Easement in favor of the City of St. Petersburg as recorded in O.R. Book 4131,
Page 570, Public Records of Pinellas County, Florida.
3. Easement for Well, Watermains and Pipes, recorded in O. R. Book 4399, Page
1600, Public Records of Pinellas County, Florida.
#269464 v1
OS/J912002,THU 11:34 FAX 727 724 8606 FDC Clearwa'ter
" ' ' _ Exhibit "e"
14l00J/OO~
THIS IS !!WI A SURVEY
THER" MAY BE ...DDITloNAL RESTRICTIONS A"ItCTII'IG 'rHI, PI\QPEIlTT TH"T"
MAY aE FOUND IN THE PUBLIC !'lECORDS 01'" TI1IS eOUNTY,
THIS I.EGIIL OESCRIPTION AND SKETCH WAS PREPARltD WITHovT THE
THE SENEF"lT 0' A cO'-lliuTMENT I"OR TITLE INSURANCE.
BEARINGS ARE eASED UPON. SEE SKETCH AND LEGAL DESCRIPTIoN ~
PINELLRS COUNTY rLR,
Orr,REC.8K 12227 PG 2~S7
=
Sl \:il20-01\l.S\2zao7-L5Il.<I-Q - Nay 211, 2002 0 4:~'" - d.,e;"
'...
P INEI ~ COUNTY rLR.
___'-'~ 8K ~G
ur r ~r"'" . ________ --- ----
LEGAL DESCRIPTION:
A PARC~I. OF L~ND LTING WITHIN TH~ SOUTHWEST 1/11 01" SECTION 17, lOWNSHIP Z9 SOUTH, RANCE 16
EAST. PINELLAS COUNTT. FLORIDA, BEING MORE PARTICULARLT DESeRIB~O AS FO~LOWS:
COMMENCE AT THE wEST I/A CORNER OF SECTION \7, TOWNSHIP 29 SOUTH. RANGE 16 EAST, PINELLAS
COUNT~. ,LOAIDA: THENCE. NB9bIlZ'~5'E ALONG THE ,EAST.WEST CENTERLINE OF SAID SECTION 17
IBEING THE BASIS OF BEARINGS FOR THIS LEGAL OE~CRIPTION1, FOR I ,r92.1I0 FEET TO THE POINT
.OF INTERSECTION WITH THE NORTHERLT EXTENSiON OF THE WEST LINE OF ~OT I, A AESUB OF
BASKIN'S REPLAT, AS RECOROED IN PLAT BOOK 24. PAGE ~2 OF THE PVQ~le RECOROS OF PINELLAS
COUNTY. F~ORIOA: THENCE LEAVING SAIC EAST-WEST CENTERLINE QF SECTION 11, 500" 19'59"W,
ALONG SAIO NOMTHERLT EXTEN$ION OF THE WEST LINE OF LOT I AND THE WEST LINE of SAID LOT I,
A RESUB OF BASKIN'S REPLAT, RESPECTlvELT, FOR 60.00 F~ET TQ THE souTH RIGHT OF WAY LINE OF
GULF TO BAY BOULivARO (STATE ROAD 60) AS SHOWN ON FLORIDA OEPARTMENT OF TR~NSPORTATION
RIGHT OF WAT MAP, SECTION 1~0lI0-(2517l2522, DATED FEBRUART 19811; THENCE ~E~VING SAID WEST
LINE OF LOT I, NB9.q2'IIS-E, ALONG A ~IN~ BEING 60.00 FEET SOUTH OF AND ~...RALLEL TO THE
SAID EAST-wEST eENTER~INE OF SECTION 11. FOR 59, IS FEET: THENCE LEAVING 5AID LINE BEING
60,00 FEET SouTH of ANO PARALLEL TO THE EAST.wEST CENTER~INE OF SECTION 11. SOO.IS'2G"E,
FOR 327,26 FEET; THENCE N89a44'311'E. FOR 68.54 FEET; THENCE SOO"IS'Z6"E, FOR 60,00 FEET:
THENCE N8'"44',."E. FOR 254,27 FEET THE POINT of INTERSEcTION WITH THE EAST LINE OF SAID
LOT I, A R[SU~ OF BASKIN'S REPL~TI THENCE 500" 15'2&.E. A~ONG T~E 5AI0 EAST ~INE OF LOT I,
FOR 0.6! 'EET To THE SOUTHEAST CORN~R OF SAID ~OT I, A REsuS OF BASKIN'S REPLAT, S~ME ALSO
BEING THE SOUTHWEST CORNER or LOT 2, SAIO A RESUB OF eAS~IN'5 REPLAT AND THE POINT Of
B[GINNI~G. T~ENCE LEAVING THt SAID EAST LINE O~ LoT I AND ALONG THE SOUTH LINE of SAID LOT
2, A RtSue OF BASKIN'S REPLAT, S39"0~'08.E. ro~ 95,59 FEET; THENCE LEAVING THE SAID SOUTH
LINE OF LOT 2. SOO"r"Z6"E, FO~ 341.34 FtET: T~ENCE S3S.0a'Oa.E. FQR IZ~,'G FEET To THE
INTERSECTION WITH THE ~OATHWESTERLT LINE OF SKT HARBOR EsTATES CORPORATION CONOOMINIUM, AS
R~COROEO IN CONOOMINIUM PLAT BOOK 13, PAGE 99 OF THE PUSLle RECOROS O~ P1NELL~S COUNTY,
~ 'F~ORIOA: THENCE S50.5~'52.W ALONG THE SAID NORTHWESTERLT LINE OF S~Y HARBOR ESTATts
CORPQRATION CONO~INIUM FOR 16',34 FEET; THENCE LEAVING SAID NORTHWESTERLT LINE of SKY
HARBOR ESTATES CORPORATION CONDOMINIUM, NOO" 15'~6"W, rOA 474,36 FEET: THENCE S88.44'34"W,
FOR 10,00 ~EETI THENCE NOO. 1~'26.W, FOR IIIZ,81 FEET TO THE POINT QF BEGINNING,
CONTAINING ~'.398 SQUARE FEET OR 0,813 ACRES, ~o~E OR LESS,
SEE: SHEET 1 FOR LECAL DESCAIPTIOI'
SEE SHEET 2 FOR SKETC~
NOT~, THE GtOMETqT P(RTAINI~G to THE PARCEL OF ~AND BE'NG DEScR(BEO HEREIN IS BASED UPON A BOUNDARY, TOPQCRAPHIC, TR~C
DeSIGN SUAVEY PRiPAREC BT POLARIS ASSOCIATES INC.. TIT~ED 'CLEARWATER MALL", pAOJECT NUMBER QQI-I,G~. DATED S-~4-9~, ·
AND BOUNOARY WORK COMPLETED BY FLORIDA DESIGN CbNGULTANTS. INC IN ~REPARATION or PROPOSED RECORD PLAT OF CLEARWAT
MALL IPl, TH~ ~~~TAT PtRTAININC TO THE PARcEL OF ~AND BEING DtSCRIBE~ ~~REIN (T~E DESCRIPTioN) IS 5OL[LT BASED UP
T~E GEOMETRT AS OESCRIB~D ON THE 00C~NT5 AS NOTED HEREIN AND IS SUBJ[CT TO AN ACCURAll FIELD BoUNDARY SURVEr,
I'1lEI'AllED FOR:
5Cal.C;
N/A
LEGAl. DESCRIPTION. AND SKETCH OF
I~A'lEI Oil.."'"
1~-2e-2002 !lAW
THE SEMBLER COMPANY
LOT 6 INGRESS/EGRESS EASEMENT
tME:C7 OCSCll1"fIOi'I,
c.o&.ClD,
Qf[CICID~
I h.r...y c.rlily' IhOI Ihl~ I.gal ducripllan and .k,
m.al. Ill_ minlm\lm I.cllnlcal alaMarh "B ..1 Ie
Dy Ill" Flarlda Boord 01 Pfol..~i/)nal Land Surve~
in Chapl., SIGI7-6 Floridll Adminislralive. C;;c
pursuonl 10 S,ollan 472.0~7, Florida Slolules
NOT VALID WITHOUT THE SIGNATURE
AND 'THE CRICINAL RAISED SEAL OF A I'"LORIDA
LICENSEe SUAV~TOA AND MAPPER.
.JJB Na..:
51OC11ONI
OIlW
101llol_,
TllF
....a:,
220-07
17
2-9 S
16 E
FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIROf1lMEiNT ALIS T S
If 11 ~) SURVEYORS B PL~NERS
23&9 hIIc:Ca,mlek D'l..
el..,..I." f"lb'icl, ~37511
f[ (BI~1 7i:1.11~Z2
cerlilicolll ~l ^14I~:w~.al,~~: LB 8707
.,
g-~
c... LU2.~h t5/zeln_
DANA . WYL~IE .
PROFESSIONAL SURVEYOR AND MAPPER
1.ICE.I'!SE_~UMBe:R 1.5 ~67"
C<T.aT. n~ FI ORIO/!.
....
",
.
S; \:l%O-07\l.$\22007-~58,4" - May 21. ZOO2. 4tJ2pm - dW)lllle
EXHIBIT "e" Page 2
TJotIS IS lUU A SUR\IO'
THEAE MA'l' lilt AODITIONAL FlESTIIICTIONS AFFECTING THIS PROPERTY THAT
MAT BE rOUND IN TJoIt PU8LIC REcORDS or THIS COUNTT.
THIS LEGAL DESCRIPTION AND SKETCH WAS PR(PAREO WITHout THE
THEIlEflE:FIT OF' A COMMITMENT FDA TITLE INSURANCE. . 1""-,"_-'.-. -
aEAlllNGS ARE BASED UPON, SEE SKETCH AND LEGAL DES(,RIP'TION
SEE SHEET 1 FOR LEGAl. C(SCRIPTION
SEE SHEET 2 OF 2 f"OR SXETCH
NeTE: THE GEOMETRY PEIlTAINtflC TO TH~ PARCEL OF LANa SEING OESCRIBiO H~REIN IS BASED UPON A BOUNeART, TOPeQRAP~IC. TREE ~
DESIGN SURVET PREP~ED BY POLARIS ASSOCIATES INC.. TI~EO .CLEARWATER MALL", PROJECT NUMBER OOI.,~&J. DATta 9-~a-99, AND
4N0 BOUNDARY WORK cOMPLETED BY FLORIDA DE~IGN CONSULTANTS, INC, IN PREPARATION OF PROPOS EO RECORD PLAT oF CLEARWATiR
MALL IP), T~ GEDMtTRT PERTAINING TO TH[ PARCEL O~ LAND BilNQ DESCRIDEO HEREIN (THE OESCRIPTIONl I~ ~OL~LT BAGED UPON
THi GEOMETRY AS OESCRIBiO ON TH~ DOCUMENTS AS NOTED H~R(IN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDAR V $URVET.
pac
r~r(4 COR OF
~17-~9S-:'5E
- (B~~4 S)
" EJlTOI5IClN Of' THE:
'II lll\lE Of LOT I
500''1'9-''
\. EiO.W
~ ~':Tor-W"'., lANE
(FOOT stctt(Jlll 1~~17&!i22)
CUl.f" TO BAY BOULEVARD
(STAT!:: ROAC 50)
IlIC1lT-(F-IIIA'I' "....II:S
(~T stC1UlN 1~150-21113 AND FVClT !KcnClll 150-0-(~I'l~22l
NIII COR OF \,oT I - - EAST-VlEST CENTEFfuNE
:.&a~ ~~AT SEe 11-29S-1ee:
PlI 34. PC "2
" "t N LINE LOT 1 ~
!'I"'O .. -t LOT 1 ..: ~
11 "! NI\~~~~ A RESU8 Of !3 ~ Ill:
~...~ l" 8ASJc;IN'S REPI.A T IJI'" g f<'
"'"., FB 24, PC 42 ~ 5 11:_
f"e .... < c;>
." i NI'iI"44'34'"t,... __ :l:'"
~ ~.27' \~ !
VI",
....
o
~
I.ol
Z
:I
~
LOT 8 (P)
NOT P1..A T1'(D
~
~
~
COR
PG
SO
F"T
Il4CL
R/W
0/"
PCfl
POC
ORB
PB
ea
AC
BLVD
SR
US
FOOT
SEe
(p)
DETAIL
NTS
INGRESS/EGRESS
E:ASEMENT (P)
AREA-3!t398 50 FT
OR O.B' 3 ACRES. MOL
NOT PLAme
.. CORNER
- PAct
.. SCUAfilE
.. FEET
_ MOA! OR LESS
.. RIGHT-or-WAY
.. OvEJil AU.
.. POINT 0'- etlOl"''''INCi
.. POINT or CQhlME;NC(Io4ENT
.. ornerAL IU:CORDS BOCK
.. PUo T BQOIC
.. C:OHDOllllNIUIIl BeCK
.. ACRt(S)
.. ilIOULEVARO
.. STArt ROAO
.. \,JNITEQ STATES
.. R.~'OjL oE;I~l\lE:"'T 01" 1'RAN$;IOFlTAl1ON
.. SECTION
.. INf"CRlllA 110M T AlCE:N F'ReM 1'liE PRQPOSE:D
PLAT OF' .CLEA~W"TER MALL- NORTHWESTtRL"'f LINE
$ICT HARBOR ESTATES
CORPORA nON CONDO),lINI\J
'llCI'llfltl) FOR'
THE SEMBLER COMPANY
9 -,I
...-----
I'y CENTER OF~ 0
"TI
"TI""O
SEe 17-29S-16E .-.
~z
N r1r1
or
~ r
W:D
A (I)
_0
roO
. .. .. .... roC
- roZ
-..1-1
-<
""0
539'08.08-[ Q"TI
r
, 95.:;9. ro:D
b).
LOT 2- to
A REsue OF W
BASKIN'S RE;PI.A T
FOe 24, pc; 42
,.
,.,
;.
I"':l
\oJ
.
~
in
r'
o
Q
(I)
.I
LOT 9 (p)
NOT PLATTED
.~
.~,. .
~_llt 4J' SKY HARBOR
~~~~. ESTATES
,'0 CORPORA TION
CONOOMINIUM
CF'S 13, PC 99
sc.ou::
1"..100"
lIam
0lIA_
c.tlCEll!
SMCC! otRAPTIOH'
LEGAL DESCRIPTION AND SKETCH OF LOT e INGRESS/EGRESS EASEMENT
I h.reD'I cerli'" Ihal Il'lls legal d.,c,ipllan and IMelcl'l
",eel5 Ihl minimum lechnlcal Ilan"a,d~ a' sel forth
by Ihl Florida 6a"rd gf Prateni"nal Land S~,yoyo"
In Cllapl..r &1017-6 Flo,ida Admlnl~lraIlV. ..Code,
punUanl la Secllgn 472,027, n:l,ida Slalulu
NoT VAl.IO WITHOUT THe; SIGNATURE:
AND THE ORIGINAL FlAISEO S~AL 01" A FLORIDA
LICEN5(C SURVE'rOR AND MAPPER.
5-28-20020AW
K~:
OAW
lD\lllllSJUl',
OOCOoiDl
TDr
....GEI
JOB II...:
220-07
17
29 5
16 E
~R-ORJDA DESIGN CONSULTANTS, INC.
ENGIIiIEEFlS. !NYIJilONMENT ALfSTS
JJ SURVEyORS a PI.ANNERS' /J /JA ~/ ,
UlIiI M.C.,..I.k OrIVl ~d-<. a WJ4Y1~-: 5(20/0""
CI..,,,.lor. F1.rld. 33?$~ DAlilA At"WYLUE
(813) 721.8'22 PROFESSIONAL SURVETOR p,ND MAPPER
Cerlincote of Authorizotion: LB 6707 LICENSE NUMBER L.S ea'74
Slal. at flGt'lda !liATE OF FLORIDA
JlICGll,nqllt 2110I Florida o..sllJ~ c""...IIOnl.. I~e. O"'';'Ig. ""d con...". ""'y ftol ba ....d OIl rep'IOd..~.. -Ilhaul "",il\.n po,",lni"", Sheet.-2.. of ..2..
e
e
AFFIDAVIT
STATE OF UTAH )
COUNTY OF DAVIS )
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared Thomas L. Mulkey, as Senior Vice
President of NEW PLAN EXCEL REAL TV TRUST, INC" a Maryland corporation
("Corporation"), who [is personally known to me] [produced
as identification] and who, being first duly sworn, deposes and says that:
1, Corporation is the owner of the real property located in Pinellas County,
Florida, as is more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"),
2,
Property.
3. The lease described in the Notice of Lease recorded in O.R. Book 4856,
Page 538, Addendum recorded in O.R. Book 4856, Page 544, Assignment and
Assumption Agreement recorded in O.R. Book 4856, Page 552, and Collateral
Assignment recorded in O.R. Book 4857, Page 1136, Public Records of Pinellas
County, Florida ("Notice of Lease"), does not affect the Property.
The property is currently vacant and there are no leases affecting the
4, This representation is made under oath for the purpose of inducing First
American Title Insurance Company, through its agent Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A. ("Title Company") to insure title to the Property without making
exception for the Notice of Lease.
5. The Corporation makes and delivers this Affidavit fully realizing that the
Title Company is relying hereon in order to insure the Property. This Affidavit is made
with full understanding of all laws appertaining to affidavits in Florida, and full faith and
credit may be given hereto. The undersigned further certifies that the undersigned has
read the complete text of this Affidavit and fully understands its contents.
e
e
6, The Corporation agrees to indemnify and shall save and hold the Title
Company harmless from and against any claim, liability, or cause of action which may
arise by virtue of any of the foregoing representations being false or untrue.
By:
j"I'f
SWORN TO, subscribed and acknowledged before me this JeAe Z , 2002.
r-------.....--- ~ /J ~,t ,1
&~ . Notary Pubiic , t?l . AlA rl()
I !':'t~~f}1'~ JULIE A. JENKINS I N ry PUbliU .~ t
I ~~. ,6\ 1018AthertonDr.,B202 I /7 A . II.
~' .., ~, Salt Lake C!ty,Utah B:4123 I Pnntname: u..,.,,<- ;r. lLIn~
I '1:.-. .// My Commission Expires I My commission expires' -tl. I
". ! 8.e ,,' March 2,2003 ' -J:.;2., t> 3
L _ State of Utah .J
----------
07/02/0209:11 AM d-l
33638.103553
#270116 vl - Clwr Mall/New Plan/Lease Termination Aff
-2-
e
e
EXHIBIT "A"
Lot 9 , CLEARWATER MALL, according to the plat thereof as recorded in Plat Book
125, Pages 20-28, Public Records of Pine lIas County, Florida.
Together with the benefit ofthat certain Ingress/EgresslUtility Easement (Private) on a
non-exclusive basis, as described in that certain Clearwater Mall Plat, as recorded in Plat
Book 125 Pages 20-28, Public Records of Pin ell as County, Florida and as further
described on Exhibit "C" attached hereto and made a par1; hereof.
05/30/2002 THU 11:34 FAX 727 724 8606 FDC Clearwa~er
Exhibit lien
~ \iZO-;7\LS\%%OOea"Q - Noy:Za. 2002 0 4::Qpm - d....i.
THIS IS .f!ISU A SURVEY
THeR( "'.0.'1' BE .DOITloNAL REHRICTIONS A,.,e;CTll'lo THI,
MAY aE F'DUND IN THE PUBLIC RECORDS OJ;" THIS COUNTY.
THIS LEGAL OESCRIPTION AND SKETCH WAS PR&;PARED WITHOUT THE
THE BENe:F"lT 0' A COMhllTMENT FOR TITLE INSURANCE.
BEARINGS ARE aASED UPON. SEE SKETCH AND LEGAL DESCRIPTION
--
"'''~ '"~' l_=
. '
LEGAL DESCRIPTION:
A PARctL OF LAND LTING WITHIN TH~ SOUTHWEST 1/. OF SEcrlON 17, lOWNSHIP ~9 SOUTH. RANCE 16
EAST. PINE~LAS cOUNT~. rLORIDA, BEING MORE PARTICULARLT DEseRIB~D AS FO~~OWS:
C~NCE AT THE wEST I/G CORNER OF SECTION 11. TOWNSHIP Zg SOUTH, R~GE 16 EAST. PINE~LAS
COUNTY, F'LORIDA; THENCE. NB9.4Z'~5"E ALONG THE.EAST-W(ST CENTERLINE OF' SAID SECTION 11
IBEING THE BASIS OF BE~INGS rOR THIS LEGAL DESCRIPTIONI, FOR I,T9:Z.~0 n:ET TO 'fHE POINT
.OF' I NTERstCT I ON .." TH THE NCRTHERL T f;XTENS I ON OF TliE 'fIEST LI NE OF LOT I. A REsUB OF"
BAS~IN'S REPLAT, AS RECORDED IN PLAT BOO~ 24, PAGE 42 OF THE PU9~IC RECORDS or PINELLAS
COUNTY. FLORIDA: THENCE LEAVING SAIO EAST-WEST cENTERLINE Or SECTioN 17. sOO.19'59'W.
A~ONG SAID NoATHERLT EXTENSION OF THE WEST LINE OF LOT I ~ THE WEST LIN~ of SAID LOT I.
A RESUS OF BASKIN'S REPLAT. RtSPECTlvELT. FOR 60.00 r~T TO THE souTH RIGHT Or WAY LINt OF
GU~r TO BAT BOULEvARO (STATE ROAD 601 AS SHOWN ~ FLORIDA OEPAR~NT OF TRANSPORTATION
RIGHT OF WAT MAP.' SECTION 15040-1251112522, DATED FEBRUARY 198.; THE~CE LE~VING SAID WEST
LINE OF LOT I. NS9-~2'~5-E. ALONG A LINt SEING 60.00 rEET SOUTH OF AND P~RALLEL TO THE
SAID EAST-wEST CENTERLINE OF SECTION 17. FOR S9. 15 FEET; THE~CE LEAVING SAID LINE BEING
60.00 rEET SOUTH 0; ANO PARALLEL TO THE EAST-wEST CENTER~INE OF SEcTION 17. SOO" 15'26-E.
FOR !Z7.26 rEET: THENCE NS9....3..E. F~ 68.54 FEET: THENCE SOO.15',6"E, FOR 60.00 FEET;
THENCe: Ne9"~~'3~-[, .OR 254.27 FEE" THe: POINT of" INTLRSECTlClN WITH THE O:A5T LINE OF SAID
LOT I. A RESU~ OF BASICIN'S REPLAT: THENCE sOO.15'2..-E, At.,ONG TIiEsAIO [AST LINE OF' LOT I.
FOR 0.63 FEET To THE SOUT~EAST CORN~ or SAID ~OT I, A RESUB OF BASKIN'S REPlAT. SAME ALSO
BEING THE SOUTHWEST CORNER or LoT 2, SAID A RESUB OF 9AS~IN'S REPLAT AND THE POINT Of
BEGINNING. T~ENC! LEAVING THE SAID EAST ~INE OF ~OT I AND ALONG THE SOUTH ~INe of SAIO LOT
Z. A REsue OF BASKIN'S REPLAT, S39.00'08'E, ~OR 95.59 F'~ET; THENCE LEAVING THE SAID SOUTH
LINE or LOT 2. soo.r"ZS"E, ro~ 3~1_3. pEETI ~~E~E S3'.OB'Oa"E. FOR IZ!,'S FEET 10 TH~
INTLRSECTIQN WITH ~E ~ORTHWESTERLT LINE OF" SK~ HARe~ ESrATES CORPORATION CONOCMINIUM. AS
RECORDEO IN CONDOMINIUM PLAT BOOK 13. PAGE. 99 OF THE puBLIC RECORDS OF P'NELL~5 COUNTY.
~'F~ORIDA; THENCE S50.5~'5!'W ~ONG THE SAID NORTHWEST~RLT LINE OF' S~Y HARSOR ESTATES
CORPORATION COND~IN'UM rOR 165.34 FEET: THENCE LEAVING 5AIO NORTHWESTERLy LINE or SKY
HARBOR ESTATES cORPORATION CONDOMINIUM. NQO. I!'ZS.W. ~~ 474.~6 F"EET: THENCE SB'"4~'3."W.
F"OR 10.00 ~EET: iHENCE NOD" 1~'26.W. FOR 142.81 FEET TO THE POINT OF BEGINNING.
CONTAINING ~~.39S SOUARE .EET OR 0.813 AcRES. ~QQE OR LESS.
':,
SEE SHEET 1 .OR LECAL OE:SCRIPTlC
SEt SHEET 2 FOR SKEiC
NOTt, THt Cf:~"ll" PERTAINING to THE Po.RCEl. or lANO Ilt'NG DESCRI'BED HEllElN IS SAlltD UPON A BOUNDARY. TOPOCA6l'HIC. T~(
DeSIGN SURVEY PAtP~ED BY POLARIS ASSOCIATES INC.. TIT~tD "CLE~ATER MA~", PROJECT NUM6~R COI-11G~. DATED 3-24-93.
ANO eOUNOARY WOR~ COMP~-"EO BY FlORIDA DESIGN cONSULtANTS. IHe IN AREPARATION or PROPOSED RtCORD Pl.aT OF C\.t.AW,
MALL IPl. TH~ GEOMETRT P~TAININC TO THE PARcEl. OF lAND BEINa OESCRISfU ~rREIH (T~E DESCRIPTIOi'll IS ~OL~l.Y BaSED C
THE GEONETRY AS DESCAI8EO ON T~ OOCUMtNTS AS ~OTED H[R~IN AMO 15 SUBJ~CT TO AN ACCURATt FIELD 5QUNDAAT SVRVEt.
Sc.l.C;
N/A
LEGAl. DESCRIPTION. AND SKETCH OF
I UA1D ORA_
1~-2e-2002 CAW
Kc:TIQI1
THE SEM8LER COMPANY
LOT S INGRESS/EGRESS EASEMENT
P'AD'AAED FDII:
SHiel ~fIclI'I.
Coo&.C1:D:
CliEacDI!
I hereDJ urlll,' IhOI Ihl. 11001 dllcripllon ond ,
meel. Ill. minImum '.cllnlcol .Iolldotd, a. ,.1
Dy '''It Fllt,lda Board ot Prolusiollol Lond. S""2
in ChClp'" &IG17-6 F'lorido Admini..,all.e-
pur....onl 10 Seellon 472.027, Florida 5lalu1e.
NOT VA1.ID WITHOUT THE SIGNATIJRe:
AND 'THE: ORICINAL RAISED SEAL OF A "LORIO
1.1c:tNSEQ SuAvETOR AND MAPPER.
..DEI ilia..!
OAW
,~
TDF"
.-ez:
220-07
17
Z.9 S
lEi E
~FLORIDA DESIGN CONSULTANTS,
ENG1NEERS. ENVIRONMENTALISTS
fJ SURVEYORS B P~aNNERS
2;)1i' Nceo,,,,,elL th'I..
CI........., r1l1it1. 33751
(8Q1 721-.'\22
CerUlicCll. oC Authorization: La 8707
c:._._ .-, n~,.
INC"
9_L
c... !J.h.lk- ,Jze/.n.
DANA~, WYLLIE '
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE tofUMeE~ 1.5 56741
STATE OF F"LORIOll.
S; 'U2O-<I'',LS\22007~d'' - Moll' a. 2OCl:I. ~3Z1l'" . 4wJllIo
~J:.l.' . \.... .t'Cl.'::lt:: ~
,.
THIS IS~A~
THERE MAY BE loCI. D~ID'" . STRICTiONS AFr'CTlNG THIS l"JIloPtRTY TliAT
MAT BE rOUND IN TME PU REcoRDS 0" THIS COUN1'T,
THIS LEGAL DESCRIPTIONAN05KETCH WAS PREPARED WITHOUT THE
TNE: . a&:JIIC'F1T OF' A COMMITMENT ~Ofl TITLE INSURANCE. .
8&:ARINGS ARE 8ASEO llPOfh SitE S((ETCH AND LEGAL I'JI!:SCRlPTION
~c
W 1/<4- COR Of
SEc-t7-29S~'6E
(B~
.. D'IDl5ItIN Of' 'DIE
'jfL1I\lEafLOll
soo,rse-w
SQ..oo'
'\..~ ..GN7-01'-......,. IJIllE
-CUJ TO ...,. BOIJI.EWAAO
tnXlT SEC1RlN 1~(ZSI7):z,!In)
e
CULf' TO SAT BOULEVARO
(STAlE ROAD &0)
IIQfT.-(F'-lII...... ......11:1
~ SECnClN.I&IlIO-21111 ANa roar ,"nOlI 1~(~1')2:l2:l) ^
NW COR OF LOT I - - tAST-Yo"E:ST CENTERUNE . V
:= ~I.AT SEe: 17-29S-1ElE:
PI 24, PG 42
i; N UNE LOT 1 ~
~Ia '. -t LOT , ..... ~
oP.,,! NP"A~...~ A RESUB Of' 5:;
~s:: ell,~6 8ASIaN'S RU'LA T'" ;:;
6"" ~ pg 24, PC 42 ~!
~ ....
,..
CENTER OF'~
SEe 17-295-t61::
~
SEE SHEET 1 FaA LEGA\. DESCRIPTION
~E SHErr L OF 2 F'OR S1CETCH
NOTE; Tlo4E ;EIJIIETWT PEllTAI N INC: TO TMlt PllRCEL 01' LAfIO SE I Nli OlrSC;U BI;tl Hli:IlE' N IS BA&Ell ~00l A BOUNDAR'!'. TDI"OGIl"P,", Ie. 1'REE 1:1
DeSIGN $UftVET P~~EP aT POLARIS ASSOCIATES INC.. TI~ED "CL!AAWATtR ~'. PROJEcTNUNBER OOI.I~&3. OA~ 9-10-'9. ~NO
AND BClUNDAI'IT _ CllMI'I..ETtO BT Fl..alI.DA Dl!:"GN c:cNSULTANTS, INC. 11'1 PRU"RATlON OF PROPOSED AECORD PLAT OF CLLOoRWATiR
MALL 11'1. THE GECIIIETIIV PERTAINING TO THi PMen 0,," I..ANO "ING OC:;CRllJED MEl'EIH 1~E: OEBCllIf'TICNI IS !lCll..El.T BA:iiED UPON
THI llE<l"lETllT AS OUCRllI1;tl Dill T11E DOCI.NIXU AS NOTEll HEREIN AMI IS 51J8.1Et:T TO AN ACCURATE F'IELD BClUI\ID4RV llURVET.
-(
I-
o
...I
l#
=;
...
~
o~'~ '"
\.\~~\.)::.,:...--- ,/
~ ,/,/ ~
,/ =~
,/ C'il=
,/ - .
.. ION
, r.
0"-
o
z
589"44'34 -W
'0.00'
LOi B (P)
NOT P\.ATinl
COR
PG
sa
FT
IlIC!.
FI./W
OIA
Pes
PQC
CR8
PS
ca
AC
Bt.W
SR
US
FtlOT
SiC
(P)
DEi AI\.
NTS
INGRESS,ltGRESS
EASEMENT (P)
AREA-~S..s8 SO F'T
OR 0.513 ACRES. MOL
NOT PLATTED
_ CQRNER
- PAl:!:
- SCU~E
- /'EO
_ MOAE OR LESS
_ RIGHT-OF"-WAY
_~AU.
- PClNT OF' IilEQ",,,,,..Ci
... F'ClNT or CQhlMtNctloltNT
_ omCAL RECORDS BOOK
_ PI..A T BQOIC
_ ~NDCMINIUlll aecK
- ACRE(5)
_ 8CULEVAAO
_ SYA TE ~C"'O
_ \,lNI'TiCl STATES
-F1.CfIIIOjl. O~Alt'NOoiT OF TRAHPClRTATIClN
- SC:C'TlON
_ INF'ORIlCA llON T AJ(EJ\I FRCM ~ P'RCPcstD
PLAT 0; -Cl.EARWA1ER MAlL"
NORTHVr'ES1ERl or UN!
SKY H~OR ESTATES
CORPORA TlON CCNDor.tlNl1J
PJlCPIlIlC FIa
THE SEMBLER COMPANY
.... ...
~
...
~
LOT 2
A RESUB Of
BASKIN'S RE?LA T
PB 24, PC 42
.
,.,
-
...
,.,
\4J I
.
co
IS
in
r
0
Q
en (p)
LOT 9
NOT PLATIEO
.~
.~'l- .
....._11I '~Ill SKY HARBOR
.. ~~-:r ESTATES
'..,Q ....~ CORPORA T10t..j'
c:jo' CONDOMINIUM
CPS l::l, PC 99
SMU'! ~"""'1tun:
LEGAL DESCRIPTION AND SKETCH OF LOT a INGRESS/EGRESS EASEMENT
sc.ou:: lla"\EI 0Ila_ l:Al.CE\I< 0CClrEIll
1":100' 5-2S-2002 CAW OAW Tn"
.lOB Nil.: SCClOol, 'IO'oWI9oIP: aOfl<<l
220-07 17 29 5 16 E
I harny c...lil,. lhal '"l! '.']01 duc:rillllan ~nd .kelclI
moels Ih" minimum lec:hnlc:ai .I"""arch a' !III (arlh
by Iho Florida eaord 01 Prolusianol Land S~r".y....
In ClIoplor 51017-6 rl"rillG Adml"I~I'OIlVo ..Codo,
pllnllllnl 10 Socllon 47Z.027~ F1C1ridCl Slolllln
10101' VAl.ID WITHOUT" THE SIGNATURE
AND THE ORIGINAL. RAISED SEAl. of A FLORIOA
LICnlSED SURVEYOR .a.ND MAPPER.
~ FLORIDA DESIGN CONSULTANTS, IHC.
ENGlfrl!ERS. El'IYlltoNMENT ALIS Ts
jJ SUR;:..:O:.:,:-=:ERS' tkJd-< ~ W'4~';: 5~!!/:n
CI....~.I.'. FI...u. ~31U DANA Af"'WTLLIE
, 1413) 721"6'22 PROFESSIONAL SURVETOR ANO MAPPER
CediOCl:It~ of Authorizotion: I.S 5707 LICEN$E' NUMBER LS SS74
Slal. al F10rkk IT'ATE OF FLORIDA
=CcrIl)ri9hl 2DDI ,...... 0aIcJII c:.n........ta. Ifte. ~ and .......,.,. ...., ... ~ ..- ., ........ ""I/IOUt ""',.., ,..",1.... Sheet -2- of ..2..
"
U9/U5/02 11:J7 ~AA SUl 29ti tiU55
.\t.\\ J-'L\,\ L~\"'LL
'l!J UU_
.__n_ _____ ---- '--_._'-'-'-~--------'--
.09,aS!2602 01:52
212-302-4_
NEW PLAN EXCEL _L
PAGE 52/03
\,;.,',
;.
~ ~, ~:
EXCHANGE CLOSING STATEMENT
NEW PLAN: NEW PLAN EXCEL REALTY TRUST, INC., a Maryland
corporation
CITY: CITY OF CLEARWATER, FLORIDA. a municipality
DATE OF EXCHANGE: SEPTEMBER 5, 2002
***,*1f****"""
PURCHASE PRICE:
[Even exchange]
New Planls Expenses:
2002 Real Property Taxes to Pinellas County
Tax Collector (1/1/01 through 915102):
Parcel No. 17129/16/00000/310/0200
ji'1
. $ 6,432-.92*
Documentary stamps on deed from City
3,873.10**
Documentary stamps on deed from New Plan
3,873.10.....
Recording Fees:'
Access Easement (ine!. doc. stamps)
28.50
28,50
42,70 ,
"
",
47.20
500.00
2,842.00
2,842.00
~20,51 0.02
Deed from City
Deed from New Plan
Temporary Access Easement (inc\. doc. stamps)
Title Search Fee to First American Title Insurance Company
Title Insurance Premium for Owner's Policy insuring
New Plen (payable to Johnson, Blakely, et al)
Title Insurance Premium for Owner's POlicy insuring
City (payable to Johnson, Blakely, et al)
TOTAL AMOUNT DUE FROM NEW PLAN AT CLOSING
09/05/02 11:38 FAX 801 29ti ti055
0,=-'J35/2C02 01: 52
212-31212-_
_ ___~l::~.l'~I..\ j::.\.cJ:.1o.._
NEW PLAN EXCEL ~L
4iJ OUJ
PAGE 03/03
Approved and accepted on ~. 2002.
NEW PLAN EXCEL REALTY TRUST,
INC., a Maryland corporation
By:
Ik Y
nt ~ Development
(Corporate Seal)
CITY OF CLEARWATER, FLORIDA
By:
Print name:
As:
"'Based on 9/5/02 closing. New Plan agrees to pay additional tax of $26,78/day for any
period by which closing is extended. .
....Based on $553,212.00
09/05/0201:44 PM d-1
33638.'03553
#275205 'I'
-2-
Sep 05 02 12:30p Ci~~ A~~o~ne~ 7275624021
09Lg~/02- 11:03 ~'AX ~O_l .2~~~~5L. _ fIIEW I'L~N E~~l}~_.___ It
--.- ".--'--",
Ogi04/~2 WED 11;64 F~~
p.2
~ 00.:1003
Cill 003
EXCHANGE CLOSING STATEMENT
NEW PLAN: NEW PLAN EXCEL REALTY TRUST, INC.. a Maryland
corporation
CITY: CITY OF CLEARWATER. FLORIDA, a municipality
DATE OF EXCHANGE: S:=PTEMBER 4,2002
_ . . _ _ . * a _ ~
PURCHASE PRICE:
[Even exchange]
New Plan's Ex~enses:
2002 Real Property Taxes to Pinellas County
Tax Collector (1/1/01 through 9/4102):
Parcel No. 17/29/16/00000/310/0200
$ 6,406.14.
Documentary stamps on deed from City
3,873.10.....
3,873.10..
Documentary stamps on deed from New Plan
Recording Fees:
Deed from City
28.50
Deed from New Plan
28.50
,
Temporary Access Easement (incL doc. stamps)
42.70
Access Easement (incl. doc. stamps)
47.20
Title Search Fee to First American Titlo Insurance Company
500.00
Title Insurance Premium for Owner's Policy insuring
New Plan (payable to Johnson, BI~kcly, et al)
2,842.00
Title Insurance PremIum for Owner's Policy insuring
City (payable to Johnson, 81akdy, et al)
2,842.00
TOTAL AMOUNT DUE FROM NE\N PLAN AT CLOSING
$20.4~~.2.1
Sep OS 02 12:30p
09~Q,1/0~ 11: 03 PAX 801
Cl't.::; A't.'t.orne::;
---.
296 G 0:;:; r;~w PUN .,:xc;r:L.
727562~021
p.3
e
~ OOJ/OOJ
~OO,
___.._.....--.. _._ __ __.._0_."
. 09/04/02 WED 11; 54 FAX
~.
Approved and accepted on 9 . c 4: .
. 2002..
NEW PLAN EXCEL REALTY TRUST,
INC., a Maryland corporation
By:
Y
t - Dovelopment
(Corporate Seal)
"Based on 9/4/02 closing" New Plan agrees to pay additional tax of $26.78/day for any
period by which closing is oxtended.
-Based on $553,212.00
0910410211:39 AM Cl.1
33153El,103053 .
#270' Ul V2 . Clwr M;l.Il/C\ty ExcJolol"Ige Clllg Stmt
-2-
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public
Records" means title records that give constructive notice of matters affecting your title
according to the state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attach
between the Commitment Date and the date on which all of the Requirements of Schedule
B - Section 1 are met. We shall have noliability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in
Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to
show these defects, liens or encumbrances, we shall be liable to you according to
Paragraph 4 below unless you knew of this information and did not tell us about it in
writing,
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you
have met its Requirements. If we have any liability to you for any loss you incur because
of an error in this Commitment, our liability will be limited to your actual loss caused by
your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section 1
or
Eliminate, with our written consent, any Exceptions shown in
Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this
Commitment and our liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON TIllS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning
the title to the land must be based on this Commitment and is subject to its terms.
First American Title Insurance Company
SCHEDULE A
Issuing Office File No: 1037--1246
1. Commitment Date: August 05, 2002 at 8:00 a.m.
2. Policy (or Policies) to be issued:
(a) Owner's Policy (Identify policy type below) Policy Amount $ 553,212.00
ALTA Owners Policy (10-17-92)(with Florida Modifications)
Proposed Insured: City of Clearwater Florida, a municipal corporation
(b) Loan Policy (Identify policy type below)
ALTA Loan Policy (10-17-92)(with Florida Modifications)
Proposed Insured:
Policy Amount $
(c) Other Policy (Identify policy type below)
Proposed Insured:
Policy Amount $
3. A fee simple interest in the land described in this Commitment is owned, at the Commitment Date,
by:
New Plan Excel Realty Trust, Inc., a Maryland corporation
4. The land referred to in this Commitment is described as follows:
See Attached Schedule A Continued
Agent File No: 33638.103553
THIS COMMITMENT IS FURNISHED BY FIRST AMERICAN TITLE INSURANCE COMPANY OR ITS POLICY ISSUING AGENT SOLELY FOR THE
ISSUANCE OF A POLICY OR POLICIES OF TITLE INSURANCE OF FIRST AMERICAN TITLE INSURANCE COMPANY. THIS COMMITMENT IS
NOT AN ABSTRACT OR AN OPINION OF TITLE. LIABILITY UNDER THIS COMMITMENT IS DEFINED BY AND LIMITED TO THE TERMS AND
CONDITIONS OF THIS COMMITMENT AND THE TITLE INSURANCE POLICY TO BE ISSUED. PERSONS AND ENTITIES NOT LISTED ABOVE AS
PROPOSED INSUREDS ARE NOT ENTITLED TO RELY UPON THIS COMMITMENT FOR ANY PURPOSE.
Schedule A (Continued)
-'
First American Title Insurance Company
,,/~
/'
Issuing Office File No.: 1037--1246 /
A parcel of land lying within the Southwest 1/4 of Section 17, Township 29 South,/,fu"~ge 16 East, Pinellas
County, Florida, being more particularly described as follows: ./
Commence at the Southeast corner of Lot 1, A RESUB OF BASKIN'S REPLAT; as recorded in Plat Book 24,
page 42, Public Records of Pinellas County, Florida, same also being the Southwest corner of Lot 2, said
A RESUB OF BASKIN'S REPLAT, same also being the Southwest corner,of that certain property as
described in O. R. Book 4128, page 1796, Public Records of PinellasCounty, Florida; thence South 39
deg. 08'08" East along the South line of Lot 2 (being the basis of bearings for this legal description),
same also being the South line of said certain property as described in O. R. Book 4128, page 1796, for
95.59 feet to the Southeast corner of said certain property a~ described in O. R. Book 4128, page 1796,
same also being the POINT OF BEGINNING; thence continue South 39 deg. 08'08" East along said South
line of Lot 2, for 391.47 feet to the Northeast corner of SKy HARBOR ESTATES CORPORATION
CONDOMINIUM, as recorded in Condominium Plat Boot< 13, page 99, Public Records of Pinellas County,
Florida; thence leaving said South line of Lot 2, South 50 deg. 54'52" West along the North line of said
SKY HARBOR ESTATES CORPORATION CONDOMINIUM, for 214.25 feet; thence leaving said North line of
SKY HARBOR ESTATES CORPORATION CONDOMINIUM, North 39 deg. 08'08" West, for 125.56 feet;
thence North 00 deg. 15'26" West, for 341.34 feet to the POINT OF BEGINNING.
TOGETHER WITH Temporary Access Easement described as follows:
A parcel of land lying with the Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida, being more particularly described as follows:
Commence at the West 1/4 corner of Section 17, Township 29 South, Range 16 East, Pinellas County,
Florida; thence North 89 deg. 42'45" East along the East-West centerline of said Section 17 (being the
basis of bearings for this legal description), for 1,792.40 feet to the point of intersection with the
Northerly extension of the West line of Lot 1, A Resub of Baskin's Replat, as recorded in Plat Book 24,
page 42 of the PublicAecords of Pinellas County, Florida; thence leaving said East-West centerline of
Section 17, South Ofil'deg. 19'58" West along said Northerly extension of the West line of Lot 1 and the
West line of said l<6t 1, A Resub of Baskin's Replat, respectively, for 60.00 feet to the South right of way
line of Gulf to BtY' Boulevard (State Road 60) as shown on Florida Department of Transportation Right of
Way Map Sec96n 15040-(2517)2522, dated February 1984; thence leaving said West line of Lot 1, North
89 deg. 42'4;-15" East along a line being 60.00 feet South of and parallel to the said East-West centerline of
Section l~/for 59.15 feet; thence leaving said line being 60.00 feet South of and parallel to the East-
West cerrerline of Section 17, South 00 deg. 15'28" East, for 327.26 feet; thence North 89 deg. 44'34"
East, f0i- 68.54 feet; thence South 00 deg. 15'26" East, for 60.00 feet; thence North 89 deg. 44'34" East,
for ~4.27 feet the point of intersection with the East line of said Lot 1, A Resub of Baskin's Replat;
thence South 00 deg. 15'26" East along the said East line of Lot 1, for 0.63 feet to the Southeast corner
of said Lot 1, A Resub of Baskin's Replat, same also being the Southwest corner of Lot 2, said A Resub of
/Baskin's Replat and the POINT OF BEGINNING; thence leaving the said East line of Lot 1 and along the
South line of said Lot 2, A Resub of Baskin's Replat, South 39 deg. 08'08" East, for 95.59 feet; thence
leaving the said South line of Lot 2, South 00 deg. 15'26" East, for 341.34 feet; thence South 39 deg.
08'08" East, for 125.56 feet to the intersection with the Northwesterly line of Sky Harbor Estates
Corporation Condominium, as recorded in Condominium Plat Book 13, page 99 of the Public Records of
Pinellas County, Florida; thence South 50 deg. 54'52" West along the said Northwesterly line of Sky
Harbor Estates Corporation Condominium for 165.34 feet; thence leaving said Northwesterly line of Sky
Page 2
First American Title Insurance Company
Harbor Estates Corporation Condominium, North 00 deg. 15'28" West, for 474.36 feet; thence South 89
deg. 44'34" West, for 10.00 feet; thence North 00 deg. 15'26" West, for 142.81 feet to the POINT OF
BEGINNING.
Page 3
..il<;i;....n....'.. ',... '.. ..". .." .
*tt~~.....~.~;:,..~..>.."~.< ....J.... ..~ .....;.. .'
:~~~~:\~;,:.~:j~:t~1~::\::,::t~:::;;f-::~,~
PINELLRS COUNTY FLR.
'~.8 7 PG S08
PINELLRS COUNTY FLR.
OFF .REC.8K 12227 PG 2~85
Lot 9, CLEARWATER MALL, according to the plat thereof as recorded in Plat Book
125, Pages :MX-~, Public Records of Pine lIas County, Florida.
21-29,
EXHIBIT "A"
Together with the benefit of that certain Ingress/Egress/Utility Easement (Private) on a
non-exclusive basis, as described in that certain Clearwater Mall Plat, as recorded in Plat
Book 125 Pages M~~ Public Records of Pin ell as County, Florida and as further
described on Exhibit "c" attached hereto and made a part hereof
First American Title Insurance Company
SCHEDULE B - SECTION 1
REQUIREMENTS
Issuing Office File No.: 1037--1246
The following requirements must be met:
Pay and/or disburse the agreed amounts for the interest in the land to be insured and/or
according to the mortgage to be insured.
Pay us the premiums, fees and charges for the policy.
Pay all taxes and/or assessments, levied and assessed against the land, which are due and
payable.
The following documents, satisfactory to us, creating the interest in the land and/or the
mortgage to be insured, must be signed, delivered and recorded:
a. Duly Authorized Deed conveying the land from New Plan Excel Realty Trust, Inc., a
Maryland corporation, to City of Clearwater Florida, a municipal corporation. In
connection with said deed, we will further require:
1) Production of a copy of the articles of incorporation with an affidavit affixed
thereto that it is a true copy of the articles of incorporation and all amendments thereto,
and that the corporation has not been dissolved;
2) Certified copy of a Board of Directors resolution setting forth the terms, conditions
and consideration for which the corporation is authorized to convey its property. The
resolution must further identify the officers authorized to execute the deed and other
closing document on behalf of the corporation;
3) Certified incumbency certificate showing the identity of the officers authorized to
execute the conveyance on behalf of the corporation together with examples of their
signatures;
4) The corporation must have been formed as of the date of acquisition;
5) Current Certificate from the Secretary of State of said corporation's current good
standing;
6) Satisfactory evidence of compliance with all requirements regarding conveying
corporation property contained in the articles of incorporation;
7) If the property constitutes all or substantially all of the corporation's assets and the
sale is not in the usual and regular course of the corporation's business, the Company
shall further require shareholder approval for the transaction obtained in compliance with
\ the procedure set out in 9607.1202, F.S.; and
\", 8) The Company reserves the right to make such further requirements as it deems
"'---'____necessary after reviewing any of the documentation required above.
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b. Execution and recordation of ary Access Easement by and between New Plan
Excel Realty Trust, Inc., a Ma~ nd c ration and City of Clearwater, Florida.
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First American Title Insurance Company
Written evidence, from appropriate governmental authorities, that Special Taxing District, City
and County Special Assessment Liens, and Water, Sewer and Trash Removal Charges, if any,
have been paid.
Page 5
First American Title Insurance Company
SCHEDULE B - SECTION 2
EXCEPTIONS
Issuing Office File No.: 1037--1246
olicy we issue will have the following exceptions, unless they are taken care of to our satisfaction:
Any rights, interests or claims of parties in possession of the land not shown by the public
records.
Any rights, interest or claims affecting the land which a correct survey would disclose and which
are not shown by the public records.
Any lien for services, labor, or materials in connection with improvements, repairs or
renovations provided before, on, or after Date of Policy, not shown by the public records.
Any dispute as to the boundaries caused by a change in the location of any water body within
or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land
that is, at Date of Policy, or was previously under water.
Taxes or special assessments not shown as lien in the public records or in the records of the local
tax collecting authority, at Date of Policy.
ny minerals or mineral rights lease, granted or retained by current or prior owners.
7. Taxes and assessments for the year 2002 and subsequent years, which are not yet due and
payable.
Note: 2001 ad valorem taxes show PAID in the gross amount of $475,668.07 for Tax Identification No.
17/29/16/00000/320/0100. (Includes subject property and other land)
8. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any
parties claiming through the lessee(s) under the lease(s).
9. Terms and conditions set forth in Notice of Lease recorded in O. R. Book 4856, page 538;
Addendum recorded in O. R. Book 4856, page 544; Assignment and Assumption Agreement
recorded in O. R. Book 4856, page 552; Collateral Assignment recorded in O. R. Book 4857, page
1136.
10. Terms and provisions of all agreements and franchises pertaining to the cost, installation,
operation and maintenance of gas, water and/or sewer facilities.
11. Easement for Well, Watermains and Pipes, recorded in Book 4399, Page 1600.
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First American Title Insurance Company
12. Easement Agreement, recorded in Book 7172, Page 1500.
NOTE: Items 4 and 6 above are hereby deleted.
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First American Title Insurance Company
Issuing Office File No.: 1037--1246
Note: All of the recording information contained herein refers to the Public Records of Pinellas County,
Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official
Record Books of said county, unless indicated to the contrary.
Notices - Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this policy and shall be addressed to the Company, Attention:
Claims Department, 2075 Centre Pointe Boulevard, Tallahassee, Florida 32308-3752.
Service. Oualitv and Availabilitv
First American Title Insurance Company cares about its customers and their ability to obtain information
and service on a convenient, timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you. A toll-free number is available for your convenience in obtaining information
about coverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are
from 8:30 a.m. through 5:30 p.m. Monday through Friday.
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Florida Promulgated Closing Service Letter
The operation and scope of the following closing protection letter ("Letter") is limited to the transaction which is the subject of the
commitment to which this Letter is attached and is also directed to those person(s) and/or entity(ies) set forth in the Letter and identified
as a proposed insured in the commitment.
RE: Issuing Agent: Agent countersigning the attached commitment.
When title insurance of First American Title Insurance Company is specified for your protection in connection with closings of
real estate transactions in which you are to be the lessee or purchaser of an interest in land or a lender secured by a mortgage (including
any other security instrument) of an interest in land, the First American Title Insurance Company, subject to the Conditions and Exclusions
set forth below, hereby agrees to reimburse you for actual loss incurred by you in connection with such closing when conducted by said
Issuing Agent when such loss arises out of:
1. Failure of said Issuing Agent to comply with your written closing instructions to the extent that they relate to (a) the status of
the title to said interest in land or the validity, enforceability and priority of the lien of said mortgage on said interest in land, including the
obtaining of documents and the disbursement of funds necessary to establish such status of title or lien, or (b) the obtaining of any other
document, specifically required by you, but not to the extent that said instructions require a determination of the validity, enforceability
or effectiveness of such other document, or (c) the collection and payment of funds due you, or
2. Fraud or dishonesty of said Issuing Agent in handling your funds or documents in connection with such closing.
If you are a lender protected under the foregoing paragraph, your borrower in connection with a loan secured by a mortgage on
a one to four family dwelling shall be protected as if this letter were addressed to your borrower.
Conditions and Exclusions
A. The FirstAmerican Title Insurance Company will not be liable to you for loss arising out of:
1. Failure of said Issuing Agent to comply with your closing instructions which require title insurance protection inconsistent
with that set forth in the title Insurance binder or commitment issued by the First American Title Insurance Company. Instructions which
require the removal of specific exceptions to title or compliance with the requirements contained in said binder or commitment shall not
be deemed to be inconsistent.
2. Loss or impairment of your funds in the course of collection or while on deposit with a bank due to bank failure, insolvency
or suspension, except such as shall result from failure of said Issuing Agent to comply with your written closing instructions to deposit
the funds in a bank which you designated by name.
3. Mechanics' and materialmen's liens in connection with your purchase orlease or construction loan transactions, exceptto the
extent that protection against such liens is afforded by a title insurance binder, commitment or policy of the First American Title Insurance
Company.
4. The periodic disbursement of construction loan proceeds or funds furnished by the owner to pay for construction costs during
the construction of improvements on the land to be insured, unless an officer of the company has specifically accepted the responsibility
to your for such disbursement program in writing.
B. When the First American Title Insurance Company shall have reimbursed you pursuant to this letter, it shall be subrogated to
all rights and remedies which you would have had against any person or property had you not been so reimbursed. Liability of the First
American Title Insurance Company for such reimbursement shall be reduced to the extent that you have knowingly and voluntarily
impaired the value of such right of subrogation.
C. Any liability of the First American Title Insurance Company for loss incurred by you in connection with closings of real
estate transactions by said Issuing Agent shall be limited to the protection provided by this letter. However, this letter shall not affect the
protection afforded by a title Insurance binder, commitment or policy of First American Title Insurance Company. The dollar amount of
liability hereby incurred shall not be greater than the amount of the title insurance binder, commitment or policy of title insurance to be
issued, and liability hereunder as to any particular loan transaction shall be coextensive with liability under the policy issued to you in
connection with such transaction. Payment in accordance with the terms of this letter shall reduce by the same amount the liability under
such policy, and payment under such policy shall reduce by the same amount the company's liability under the terms of this letter.
D. Claims ofloss shall be made promptly to the First American Title Insurance Company at its principal office at I First American
Way, Santa Ana, California 92707. When the failure to give prompt notice shall prejudice the First American Title Insurance Company, then
liability of the First American Title Insurance Company hereunder shall be reduced to the extent of such prejudice. The First American
Title Insurance Company shall not be liable hereunder unless notice of loss in writing is received by the First American Title Insurance
Company within ninety (90) days from the date of discovery of such loss.
E. Nothing contained herein shall be construed as authorizing compliance by any issuing agent with any such closing instructions,
compliance with which would constitute a violation of any applicable law, rule or regulation relating to the activity of title insurers, their
issuing agents, and their failure to comply with any such closing instructions shall not create any liability under the terms of this letter.
F. The protection herein offered will be effective until cancelled by written notice from the First American Title Insurance
Company. Any previous insured Closing Service letter or similar agreement is hereby cancelled, except as to closings of your real estate
transactions regarding which you have previously sent (or within 30 days hereafter send) written closing instructions to said Issuing
Agent.
FIRST AMERICAN TITLE INSURANCE COMPANY
By:
4iPre~
First .erican Title Insurance ct,pany
SCHEDULE A
Issuing Office File No: 1037--1245 .~ \'1/ o'\..
1. Commitment Date: ~at 8:00 a.m.
2. Policy (or Policies) to be issued:
(a) Owner's Policy (Identify policy type below) Policy Amount $ 553,212,00
ALTA Owners Policy (10-17-92)(with Florida Modifications)
Proposed Insured: New Plan Excel Realty Trust, Inc., a Maryland corporation
(b) Loan Policy (Identify policy type below)
ALTA Loan Policy (10-17-92)(with Florida Modifications)
Proposed Insured:
Policy Amount $
(c) Other Policy (Identify policy type below)
Proposed Insured:
Policy Amount $
3. A fee simple interest in the land described in this Commitment is owned, at the Commitment Date,
by:
J ~.~i:t:-n~~;J:'::r'.~'C:d...:~t!tw ~,---", ~'f--uJ)~
~he land re/erred to in this Commitment ~ described as fOIlO~ :
See Attached Schedule A Continued
Agent File No: 33638.103553
THIS COMMITMENT IS FURNISHED BY FIRST AMERICAN illLE INSURANCE COMPANY OR ITS POLICY ISSUING AGENT SOlELY FOR THE
ISSUANCE OF A POLICY OR POLIOES OF illLE INSURANCE OF FIRST AMERICAN TITLE INSURANCE COMPANY. THIS COMMITMENT IS
NOT AN ABSTRACT OR AN OPINION OF TITLE. LIABILHY UNDER THIS COMMITMENT IS DEFINED BY AND LIMITED TO THE TERMS AND
CONDmONS OF THIS COMMITMENT AND THE illLE INSURANCE POLICY TO BE ISSUED. PERSONS AND ENTmES NOT LISTED ABOVE AS
PROPOSED INSUREDS ARE NOT ENTITLED TO RELY UPON THIS COMMITMENT FOR ANY PURPOSE.
First Aerican Title Insurance cl,pany
Schedule A (Continued)
Issuing Office File No.: 1037--1245
A portion of Lots 3 and 8, CLEARWATER MALL, according to the plat thereof as recorded in Plat Book
125, pages 20-28, public records of Pinellas County, Florida, described as follows:
A parcel of land being a portion of Lot 1, A RESUB OF BASKIN'S REPLAT, as recorded in Plat Book 24,
page 42, Public Records of Pinellas County, Florida, together with a portion of the Southwest 1/4 of
Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly
described as follows:
Commence at the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township
29 South, Range 16 East, Pinellas County, Florida; thence North 89 deg. 46'01" East along the East-West
centerline of said Section 17, for 415.00 feet to the point of intersection with the Northerly extension of
the West line of Lot 1, A RESUB OF BASKIN'S REPLAT, as recorded in Plat Book 24, page 42, Public
Records of Pinellas County, Florida; thence leaving said East-West centerline of Section 17, South 00 deg.
21'26" West along said Northerly extension of the West line of Lot 1 and the West line of said Lot 1
(being the basis of bearings for this legal description), respectively, for 60.00 feet to the POINT OF
BEGINNING; thence continue South 00 deg. 21'26" West along said West line of Lot 1, for 458.65 feet to
the point of intersection with the Westerly extension of the South line of that certain property as
described in O. R. Book 4272, page 1503, Public Records of Pinellas County, Florida; thence leaving said
West line of Lot 1, North 89 deg. 46'14" East along said Westerly extension of the South line of that
certain property as described in O. R. Book 4272, page 1503 and the South line of said certain property
as described in O. R. Book 4272, page 1503, respectively, for 386.69 feet to the Southeast corner of said
certain property as described in O. R. Book 4272, page 1503, same also being the point of intersection
with the Southerly extension at the East line of said Lot 1; thence North 00 deg. 13'59" West along said
Southerly extension of the East line of said Lot 1 and the East line of said Lot 1, respectively, same also
being the East line of said certain property as described in O. R. Book 4272, page 1503 and the Northerly
extension of said East line of that certain property as described in O. R. Book 4272, page 1503,
respectively, for 71.42 feet; thence leaving said East line of Lot 1, South 89 deg. 46'01" West, for 254.27
feet; thence North 00 deg. 13'59" West, for 60.00 feet; thence South 89 deg. 46'01" West, for 68.54
feet; thence North 00 deg. 13'59" West, for 327.23 feet; thence South 89 deg. 46'01" West along a line
60.00 feet South of and parallel with said East-West centerline of Section 17, for 59.15 feet to the POINT
OF BEGINNING.
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First ~erican Title Insurance c!pany
SCHEDULE B - SECTION 1
REQUIREMENTS
Issuing Office File No.: 1037--1245
The following requirements must be met:
Pay and/or disburse the agreed amounts for the interest in the land to be insured and/or
according to the mortgage to be insured.
Pay us the premiums, fees and charges for the policy.
Pay all taxes and/or assessments, levied and assessed against the land, which are due and
payable.
4. The following documents, satisfactory to us, creating the interest in the land and/or the
mortgage to be insured, must be signed, delivered and recorded:
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a.
Warranty Deed conveying the land from The City of Clearwater, Florida, a municipal
corporation, to New Plan Excel Realty Trust, Inc., a Maryland corporation. In connection
with said deed, we will further require:
1) Production of a copy of the articles of incorporation with an affidavit affixed
thereto that it is a true copy of the articles of incorporation and all amendments thereto,
and that the corporation has not been dissolved;
2) Certified copy of a Board of Directors resolution setting forth the terms, conditions
and consideration for which the corporation is authorized to convey its property. The
resolution must further identify the officers authorized to execute the deed and other
closing document on behalf of the corporation;
3) Certified incumbency certificate showing the identity of the officers authorized to
execute the conveyance on behalf of the corporation together with examples of their
signatures;
4) The corporation must have been formed as of the date of acquisition;
5) Current Certificate from the Secretary of State of said corporation's current good
standing;
6) Satisfactory evidence of compliance with all requirements regarding conveying
corporation property contained in the articles of incorporation;
7) If the property constitutes all or substantially all of the corporation's assets and the
sale is not in the usual and regular course of the corporation's business, the Company
shall further require shareholder approval for the transaction obtained in compliance with
the procedure set out in 9607.1202, F.S.; and
8) The Company reserves the right to make such further requirements as it deems
necessary after reviewing any of the documentation required above.
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First &erican Title Insurance c!,pany
Written evidence, from appropriate governmental authorities, that Special Taxing District, City
and County Special Assessment Liens, and Water, Sewer and Trash Removal Charges, if any,
have been paid.
Page 4
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~ Note: 2001 ad valorem taxes show NOTAXDUE in the gross amount of $0.00 for Tax Identification No.
--
Z17/29/16/03006/00010100.
~ T rms and conditio existing unreco n
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First Aerican Title Insurance ct,pany
SCHEDULE B - SECTION 2
EXCEPTIONS
Issuing Office File No.: 1037--1245
Any policy we issue will have the following exceptions, unless they are taken care of to our satisfaction:
Any rights, interests or claims of parties in possession of the land not shown by the public
records.
2. Any rights, interest or claims affecting the land which a correct survey would disclose and which
are not shown by the public records.
3. Any lien for services, labor, or materials in connection with improvements, repairs or
renovations provided before, on, or after Date of Policy, not shown by the public records.
4. Any dispute as to the boundaries caused by a change in the location of any water body within
or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land
that is, at Date of Policy, or was previously under water.
5. Taxes or special assessments not shown as lien in the public records or in the records of the local
tax collecting authority, at Date of Policy.
6. Any minerals or mineral rights lease, granted or retained by current or prior owners.
7. Taxes and assessments for the year 2002 and subsequent years, which are not yet due and
payable.
s) and any
9.
Easement in favor of Florida Power Corporation as recorded in O. R. Book 4088, page 1982.
10. Easement in favor of Pinellas Water Company, as assigned to the City of st. Petersburg, all as set
forth in instrument recorded in Deed Book 1465, page 111.
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First .!terican Title Insurance c!pany
11. Matters as shown on survey prepared by Florida Design Consultants, Inc., dated June 19, 2002,
including cable fnc with wood post into the 50 foot water main easement along the Westerly lot
line and 2 foot concrete curb over the East lot line. Possible unrecorded easement(s) as
indicated by overhead wires along the Southwesterly lot line.
12. Easement Agreement dated September 4, 2002, between New Plan Excel Realty Trust, Inc., a
Maryland corporation ("New Plan") and the City of Clearwater, Florida, a Municipality ("City")
recorded on . in Official Records Book . page
NOTE: Items 4 and 6 above are hereby deleted.
Page 6
First ~erican Title Insurance c!pany
Issuing Office File No.: 1037--1245
Note: All of the recording information contained herein refers to the Public Records of Pinellas County,
Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official
Record Books of said county, unless indicated to the contrary.
Notices - Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this policy and shall be addressed to the Company, Attention:
Claims Department, 2075 Centre Pointe Boulevard, Tallahassee, Florida 32308-3752.
Service. Ouality and Availability
First American Title Insurance Company cares about its customers and their ability to obtain information
and service on a convenient, timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you. A toll-free number is available for your convenience in obtaining information
about coverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are
from 8:30 a.m. through 5:30 p.m. Monday through Friday.
Page 7
SEE PLANS IN FILE