BELCAL PROPERTIES, LLC
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KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200419416605/1112004 at 05:47 PM
OFF REC BK: 13564 PG: 1561-1564
DocType:EAS RECORDING: $19.50
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 01-29-15-16488-000-0120
UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to
it, the receipt of which is hereby acknowledged, and the benefits to be derived
therefrom,
BELCAL PROPERTIES, LLC, a Florida limited liability company,
(d/b/a OEM Partnership)
C/O 2040 Northeast Coachman Road, Clearwater, FI. 33765
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under
and across the following described land lying and being situate in the County of
Pinellas, State of Florida, to wit:
A portion of Lot 12, CLEARWATER INDUSTRIAL PARK, according to
the map or plat thereof as recorded in Plat Book 44, Page 46, Public
Records of Pinellas County, Florida, being more specifically
described in EXHIBIT "A" appended hereto.
Containing 3,799.80 square feet, more or less (the "Easement Area").
This easement is granted for construction, installation and maintenance of water
and sanitary facilities by Grantee.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon such
water & sanitary utilities, and to inspect and alter same from time to time. In the
exercise of rights granted herein Grantee shall in every instance restore all
physical impacts to the Easement Area to equal or better condition as existed
prior to the exercise of such rights.
U:\Easements\BELCAL PROPERTIES UTIL EAS 0304.doc
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Grantor warrants and covenants with Grantee that it is the owner of fee simple
title to the herein described Easement Area, that Grantor has full right and lawful
authority to grant and convey this easement to Grantee. It is expressly
understood that Grantor reserves unto itself all rights of ownership of the
Easement Area not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and
assigns. The rights granted herein shall be perpetual and irrevocable and shall
run with the land, except by the written mutual agreement of both parties, or by
abandonment of the Easement Area by Grantee.
IN WITNESS WHEREOF, We underSign~ntoHas caused these presents to
be duly executed this @O..... day of C , 2004.
Signed, sealed and delivered
I n the presence of:
O:MU/~l~
~ITNESS ~ature
car 0 1 . lAV'-CCL V\/
Print Witness Name
Mark S. Klein, Managing Member
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this :2tJL'^-dayof
---rY\C\.J\.C ~ , 2004 by Mark S. Klein, managing member of Belcal
Properties, LLC, a Florida limited liability company, whom, being duly authorized,
executed the foregoing instrument on behalf of said limited liability company,
who acknowledged the execution thereof to be his free act and deed for the uses
and purposes therein expressed, and who [X1j is personally known to me or who
[ ] did provide as identification.
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My Commission Expires:
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,.........~';f.~:rU"',~ Mary M. Wolf
f:~"Ji.~;;.. MY COMMISSION 1/ DDOO423i EXPIRES
~.~.~g March 6, 2005
"'~iif.:rr.~" eONDED THRU TROY FAIN INSURANCE, INC.
U:\Easements\BELCAL PROPERTIES UTIL EAS 0304.doc
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CONSENT & JOINDER
The undersigned Mortgagee, owner and holder of an equitable interest in
the real property described herein by virtue of that certain Promissory Note,
Mortgage and other instruments of security dated October 6, 2000 given by DEM
Partnership, a Florida general partnership in favor of First National Bank of
Florida, a national banking association (hereafter, "FNB"), as recorded in O. R.
Book 11086, Page 161, Public Records of Pinellas County, Florida, the same
having been subsequently amended by that certain Modification & Assumption
Agreement dated August 8, 2003 between Belcal Properties, LLC, a Florida
limited liability company and FNB as recorded in O. R. Book 12973, Page 285,
Public Records of Pinellas County, Florida; does hereby join with Grantor and
consents to the grant of easement as herein described.
Signed, sealed and delivered
in the presence of:
~/T),~I
Witness signilt9J), L.
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Print Witness Name
1ii~
Print Wi ess Name
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
e Vice President
The foregoing instrument was acknowledged before me this ,5lJ IJJ day of
~~.... , 2004 by Gary S. Gray as Executive Vice President of
First National Bank of Florida, a national banking association, who executed said
instrument and acknowledged the execution thereof to be his free act and deed
for the uses and purposes therein expressed, and who [L}is personally known
to me or who [ ] did provide
as identification.
LL.-~
Notary PUbliM_:iYt of Fi Ida
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Type/Print Name
My Commission Expires:
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IIIJ IIOND8> ntlOuGH
MtJIANa COMPANy
U:\Easements\BELCAL PROPE~TIES UTIL EAS 0304,doc
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SECTION 1 t TOWNSHIP 29 SOUTH, RANGE 15 EAST
DESCRIPTION:
A portion of _ot 12, CLEARWATER INDUSTRIAL PARK. occording to the plot thereof, recorded in Plat Book 44,
Page 46, Public Records of Pinellas County, Florida, being more particulory described as follows:
Commence at the northwest corner of said Lot 12, and run S.89"21'49"E., olong the north boundary line of
said Lot 12, 575.16 feet for 0 Point of Beginning; thence, continue along said north boundary line,
S.89.21' 49" E., 10.00 feet to west right-of-way line of Belcher Rood; thence, leoving said north boundory
line, S.OO.02'48"W., along the said west right-of-way line, 379,98 feet; thence, leaving said west
right-of-way line, N.89'21'49"W.. along the south boundary line of said Lot 12. 10.00 feet; thence, leaving
said south boundary line, N.OO.02'48"E., 379.98 feet to the Point of Beginning.
I
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~. ~: BASIS OF BEARINGS, (60' WIDE RIGHT-OF-WAY) S 89021'49'fE
Q. S.89'21'49"E, 575.16' . ,
- - - - 10.00'
CNORTH BOUNDARY 55.00' I
LINE OF LOT 12 .. . , .. '1
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SOUTH BOUNDARY ~ I w II>
CLINE OF LOT 12 _ _ _ . .5.5,QO: . ~ l:5
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LOT 13 N.B9.21'49"W. ~ ,-
CLEARWATER iNDUSTHIAL PAHK 10.00' , ~~
PL,u,T BOOK !.l~r PAGE !.6 m ~
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PREPARED FOR:
OEM PARTNERSHIP
c/o MR. MN~K KLEIN
KLEIN &: HEUCHAN, INC. REALTORS
2040 N.E. COACHMAN ROAD
CLEARWATER, FLORIDA 33765
Phone: 727 441-1951
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LOT 12
CLEARW A TER INDUSTRIAL PARK
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ABBREVIATION LEGEND
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p.o.c.
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~OINT OF BEGINNING
'OIN'T OF COMMENCEMENT
CLEARWATEF~
APPROVED BY:
BELCHER ROAD AND CALUMET STREET
10' WIDE UTlUlY EASEMENT
BOUNDARY PLAN AND DESCRIPTION
PINELLAS COUNTY'
FLORIDA
O(~_ _ ~
~.OVE:RAS flj
FLORIDA PROFf.~;SIONAL SURVEYOR AND MAPPER No. LS 1762 ~
THIS IS NOT A BOUNDARY SURVEY It:
~ LLOVERAS BAUR & STEVENS
ENGINEERS - SURVEYORS - PLANNERS
ILB 0000206
29226 U.S, HIGHWAY 19 N,
CLEARWA.TER, FLORIDA 33761
Phone: (727) 784-3965 Fox: (727) 784-8153
DRAWN BY; KB JOB No.
CHECKED BY; RO
APPROVED BY: __
DATE: 3-25-04
SCAlE: 1".. 1 00'
23362
BOUNDARY PLAN AND DESCRIPTION
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Mark S.
Klein, managing member of Belcal Properties, LLC, a Florida limited liability
company, d/b/a OEM Partnership, whom, being first duly sworn, does depose
and say:
1. That said limited liability company is the owner of legal and equitable title
to the following described property in Pinellas County, Florida, to wit:
A portion of Lot 12, CLEARWATER INDUSTRIAL PARK, according to
the map or plat thereof as recorded in Plat Book 44, Page 46, Public
Records of Pinellas County, Florida, being more specifically
described in EXHIBIT "A" appended hereto; containing 3,799.80
square feet, more or less.
3. That there has been no labor performed or materials furnished on said
property for which there are unpaid bills for labor or materials against said
property, other that those which will be paid during the normal course of
business, except: (list, or if no~ "NONE")
4. That there are no liens or encumbrances of any nature affecting the title of
the property herein described, except easements and restrictions of
record, any encroachments, overlaps or other rights of third parties which
would be shown by a current survey, and:
The encumbrance, lien and oblrgations imposed by that certain
Modification & Assumption Agreement dated August 8, 2003 between
Belcal Properties, LLC and First National Bank of Florida, a national
banking association (hereafter, "FNB") as recorded in O. R. Book 12973,
Page 285, Public Records of Pinellas County, Florida, said instrument
modifying, restating, and formalizing assumption of the encumbrance, lien
and obligations imposed by that certain Promissory Note and other
instruments of security dated October 6, 2000 given by OEM Partnership,
a Florida general partnership in favor of aforesaid FNB as recorded in O.
R. Book 11086, Page 161, Public Records of Pinellas County, Florida.
U:\Easements\BELCAL PROPERTIES UTIL EAS 0304.doc
5. That no written notice has been received for any public hearing regarding
assessments for improvements by any government, and there are no
unpaid assessments against the above described property for
improvements thereto by any government, whether or not said
assessments appear of record.
6. That there are no outstanding sewer service charges or assessments
payable to any government.
7. That the representations embraced herein have been requested by the
CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon in connection with the grant of subject utility easement
Signed, sealed and delivered
In the presence of:
}
a.I;LCAL PROPERTIES, LLC,
a Florida' Ite liability company
TNESS signature
ro l \S Lt V\..C ().. t"\...,/
Print Witness Name
By:
-
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
'JrJ The foregoing instrument was acknowledged before me this 21j-tl.-.day of
J a. vcfh , 2004 by Mark S. Klein, managing member of Belcal
Properties, LLC, a Florida limited liability company, who executed the foregoing
instrument on behalf of said entity, and who acknowledged the execution thereof
to be his free act and deed for the uses and purposes therein expressed.
My Commission Expires:
t>4 Personally Known
[ ] Produced Identification
Type of Identification Produced
" ~ Mary M Wolf
~.\ MY COMMISSION # DOlI04238 EXPIRES
. Ma~h42005
IIOHOED lIlRU TROY FAIN INSURANCE. INC
-
U:\Easements\BELCAL PROPERTIES UTIL EAS 0304.doc
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SECTION 1) TOWNSHIP 29 SOUTH) RANGE 15 EAST
DESCRIPTION:
A portion of _at 12, CLEARWATER INDUSTRIAL PARK, according to the plat thereof, recorded in Plat Book 44,
Page 46, Public Records of Pinellos County, Florida, being more particulary described os follows:
Commence at the northwest corner of said Lot 12, and run 5.89" 21' 49" E., along the north boundary line of
said Lot 12, 575.16 feet for 0 Point of Beginning; thence, continue along said north boundory line,
S.89021'49/1E., 10.00 feet to west right-of-woy line of Belcher Rood; thence, leoving said north boundary
line, S.OO.02'4B"W., along the said west right-of-way line, 379.98 feet; thence, leaving said west
right-af-way line, N.89.21'49"W., along the south boundary line of said Lot 12, 10.00 feet; thence, leaving
said south boundary line, N.OO.02'4BI/E.. 379.98 feet to the Point of Beginning.
I
or;..~_ t~STREET~ +
q. ~: BASIS OF BEARINGS, (60' WIDE RIGHT-Of-WAY) S 89021'49'IE
o. S.~21'~E, J75.:.l.6' . 10.00' .
"'-NORTH BOUNDARY 55,00' I
UNE OF LOT 12 . . . , . . '1
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SOUTH BOUNDARY ~ I w If}
CLINE OF LOT 12 _ 55,00' ~ i:>
LOT 13 N.89"21'49"W. .......1 i~
CLEARWATEH INDUSTHlAL PAHK 10.00' ~~
PLb,T BOOK !..i., PAGE !,6 ~.~
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SCALE: I" := 100'
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PREPARED FOR:
OEM PARTNERSHIP
c/o MR. MN~K KLEIN
KLEIN & HEUCHAN, INC. REALTORS
2040 N.E. COACHMAN ROAD
CLEARWATER. FLORIDA 33765
Phone: 727 441-1951
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LOT 12
CLEARWATER INDUSTR!AL PARK
PLAT BOOK 4~ PAGE 46
ABBREVl"TION LEGEND
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P,0,8.
P.O.C.
"OINT OF BEGINNING
'OINT OF COMMENCEMENT
CLEARWATEF~
APPROVED BY:
BE;LCI7IER ROAD AND CALUMETSTR~
10' WIDE UTlLI1Y EASEMENT
BOUNDARY PLAN AND DESCRIPTION
PINELLAS COUNTY'
FLORIDA
~~" ~
~ ~ z
, SANDY' LL.oVERAS ~
FLORIDA PRQffi;S/ONAL SURVEYOR AND MAPPER No. LS 1762 G:i
THIS IS Nor A BOUNDARY SURVEY 0::
~ LLOVERAS BAUR & STEVENS
ENGINEERS - SURVEYORS - PLANNERS
'LB 0000206
29228 V.S, HIGHWAY 19 N,
CLEARWATER, FLORIDA 33761
Phone: (727) 784-3965 F'ox: (727) 784-8153
DRAWN BY: KB JOB No.
CHECKED BY: RO
APPROVED BY: .....
DATE: 3-25-04
SCALE: 1".. 1 00'
23362
BOUNDARY PLAN AND DESCRIPTION