BRANCH SUNSET ASSOCIATES LIMITED (2)
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EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
cash in hand paid to it, the receipt of which is hereby
a~knowledged, and the benefits to be derived therefrom,
BRANCH SUNSET ASSOCIATES, LTD.
does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA, an easement over, under and across the following
,described land, lying and being situated in the County of
1 RECORDINOPinellas, State of Florida, to-wit:
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LEGAL DESCRIPTION - 40 FOOT DRAINAGE AND UTILITY EASEMENT
The east 40 feet of all that tract of land described as
follows:
Lot 1 of Blackburn's subdivision according to the map or
plat thereof recorded in Plat Book 24, page 62, of the
Public Records of Pinellas County, Florida, less the East
180 feet thereof and subject to existing road right-of-
way, and less and except those lands heretofore conveyed
to Publix Super Markets, Inc., a Florida corporation, to
First Federal Savings and Loan Association of Clearwater
as evidenced by that certain conveyance dated October 5,
1970, recorded October 12, 1970, in Official Record Book
3409, pages 572 and 573, public records of Pinellas
Coun ty, F lor ida. H,::E,'.j'~"., J,E!"'
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AND
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That part of Lot 12, Blackburn's subdivision, }y,i~gd"!SdilltlliRED:
of State Road 588 and North of County Road 50, accordin~ANGE~
to the map of plat thereof as recorded in Plat Book 24,
page 62, public records of Pinellas County, Florida.
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AND
The Northerly 1033.01 feet of the Northeast 1/4 of the
Southeast 1/4 of Section 6, Township 29 South, Range 16
East, which lies East of the Florida Power Corporation
easement, less the East 100 feet thereof for road right-
of-way.
The above described parcels being also described as
follows:
Being a part of the Northeast 1/4 of the Southeast 1/4 of
Section 6, Township 29 South, Range 16 East also being a
part of Lots 1 and 12, Blackburn's Subdivision as recorded
in Plat Book 24, page 62 of the public records of Pinellas
County, Florida, lying South of the new alignment of
Sunset Point Road (also known as State Road No. 588) also
that part of vacated Sunset Point Road (old alignment)
described as follows:
Begin at the Northeast corner of the Northeast 1/4 of the
Southeast 1/4 of Section 6, Township 29 South, Range 16
East for the point of beginning; thence run SOl007'39"W,
along the section line 1033.01 feet; thence S89051'33"W,
1110.10 feet to a concrete monument found on the Easterly
line of the Florida Power Corporation easement as recorded
in O.R. Book 1466, page 156, of the public records of
Pinellas County, Florida; thence N01011'29"E, along said
ry '1',,\;( Pd. $-~~-
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Easterly line of the Florida Power easement, 1039.62 feet
to an iron rod set on the Southerly right-of-way line of
said Sunset Point Road (also known as State Road No. 588);
thence along a curve to the left, chord bearing
N70 57'29"E, 23.71 feet, arc 23.71 feet and radius 1502.23
feet to a set nail disk, thence N19 25'31W, 10.00 feet to
a set nail disk; thence N70 34'29"E, 192.56 feet to an
iron rod set; thence N19 25'31"W, 10.00 feet to an iron
rod set, thence N70 34'29"E, 263.86 feet to an iron rod
set, thence along a curve to the right, chord bearing
N74 35'48"E, 193.89 feet, arc 194.05 feet and radius
1382.23 feet to a set nail and disk; thence SOl 03'19"W,
234.98 feet to a nail found on the East-West center line
of said Section 6; thence N89 51'29"E, along said East-
West center line, 480.02 feet to the point of beginning.
Less the East 100.00 feet for road right-of-way.
This easement being for drainage and utility
installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right
to enter upon the above described premises and to construct,
install and maintain thereon any water lines and to inspect and
alter such water lines from time to time; provided, however,
that the Grantor hereunder hereby reserves the right to use the
above~described property for uses not inconsistent with the
City of Clearwater's use of the easement granted hereunder,
including, without limitation, the Grantor's right to use all
or a portion of said property for paved parking; provided
further that the City of Clearwater shall restore any portion
of the above property damaged in the course of the exercise of
its rights hereunder.
The rights and obligations hereunder shall inure to the benefit
and burden of the parties, hereto and their respective heirs
and successors-in-interest.
IN WITNESS WHEREOF, the party hereto has caused these
presents to be duly executed by its officer thereunto
authorize~ and its seal to be hereunto affixed, this Z;.,....~
day of Je(.7~Je.c., 1988.
BRANCH SUNSET ASSOCIATES, LTD.
By:
Branch Sunset, Ltd., its
sole General Partner
By:
Branch Sunset Partners, Ltd.
its sole General Partner
By:
RHL Investment Compa:qy, lri:~:~?~,; .~, .,'
A ~eral partne. ..r.. ~~,~:'f, "~'I.\.~tQ...*...J~~'~:Si."'..'
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Richard H. Lee .i.~ .).3~d~t. :' Q' e,:~/:;' "
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By:
Notary Public. Fulton County, Georgia
My Commission Expires July 15. 1990
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STATE OF GEORGIA
COUNTY OF FULTON
Before me, the undersigned authority, this day personally
appeared Richard H. Lee to me well known and known to me to be
the individuals described in and who executed the foregoing
instrument as General Partner of Branch Sunset Partners, Ltd.,
named in the foregoing instrument, and he acknowledged to and
before me that he executed said instrument on behalf of and in
the name of said partnership as General Partner of Branch
Sunset Ltd., the sole General Partner of Branch Sunset
Associates, Ltd.; that they are duly authorized by said
partnership to execute said instrument and that said instrument
is the free act and deed of said partnership.
IN WITNESS WHEREOF
my official seal this
1988.
Ih~ve hereunto ~e~and
lYL day of p
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Notary Public
My Commission Expires:
Notary Public, Fulton County, Georgia
My CSI'flFRISSISR iKl'lir.e& Jwly la. lQ90
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C.B.= N 74035' 48"E
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A= 194.05'
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AFFIDAVIT OF NO LIENS
STATE OF: FLORIDA
COUNTY OF: PINELLAS
BEFORE ME, the undersigned authority, personally
appeared Richard H. Lee, who, being first duly sworn, deposes
and says:
1. That Branch Sunset Associates, Ltd., a Georgia
General partnership is the owner of legal and equitable title
to the following described property in Pinellas County,
Florida, to-wit:
Lot 1 of Blackburn's subdivision according to the map or plat
thereof recorded in Plat Book 24, page 62, of the Public
Records of Pinellas County, Florida, less the East 180 feet
thereof and subject to existing road right-of-way, and less and
except those lands heretofore conveyed to Publix Super Markets,
Inc., a Florida corporation, to First Federal Savings and Loan
Association of Clearwater as evidenced by that certain
conveyance dated October 5, 1970, recorded October 12, 1970, in
Official Record Book 3409, pages 572 and 573, public records of
Pinellas County, Florida.
AND
That part of Lot 12, Blackburn's subdivision, lying south
of State Road 588 and North of County Road 50, according to the
map of plat thereof as recorded in Plat Book 24, page 62,
public records of Pinellas County, Florida.
AND
The Northerly 1033.01 feet of the Northeast 1/4 of the
Southeast 1/4 of Section 6, Township 29 South, Range 16 East,
which lies East of the Florida Power Corporation easement, less
the East 100 feet thereof for road right-of-way.
The above described parcels being also described as follows:
Being a part of the Northeast 1/4 of the Southeast 1/4 of
Section 6, Township 29 South, Range 16 East also being a part
of Lots 1 and 12, Blackburn's Subdivision as recorded in Plat
Book 24, page 62 of the public records of Pinellas County,
Florida, lying South of the new alignment of Sunset Point Road
(also known as State Road No. 588) also that part of vacated
Sunset Point Road (old alignment) described as follows:
Begin at the Northeast corner of the Northeast 1/4 of the
Southeast 1/4 of Section 6, Township 29 South, Range 16 East
for the point of beginning; thence run SOl007'39"W, along the
section line 1033.01 feet; thence S89051'33"W, 1110.10 feet to
a concrete monument found on the Easterly line of the Florida
Power Corporation easement as recorded in O.R. Book 1466, page
156, of the public records of Pinellas County, Florida; thence
N01011'29"E, along said Easterly line of the Florida Power
easement, 1039.62 feet to an iron rod set on the Southerly
right-of-way line of said Sunset Point Road (also known as
State Road No. 588); thence along a curve to the left, chord
bearing N70057'29"E, 23.71 feet, arc 23.71 feet and radius
1502.23 feet to a set nail disk, thence N19025'31W, 10.00 feet
to a set nail disk; thence N70034'29"E, 192.56 feet to an iron
rod set; thence N19025'31"W, 10.00 feet to an iron rod set,
thence N70034'29"E, 263.86 feet to an iron rod set, thence
along a curve to the right, chord bearing N74035'48"E, 193.89
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feet, arc 194.05 feet and radius 1382.23 feet to a set nail and
disk; thence 501 03'19"W, 234.98 feet to a nail found on the
East-West center line of said Section 6; thence N89 51'29"E,
along said East-West center line, 480.02 feet to the point of
beginning. Less the East 100.00 feet for road right-of-way.
2. That said property is now in the possession of
the record owner.
3. That there has been no labor performed or
materials furnished on said property for which there are
unpaid or unprovided for bills for labor or mate:~als against
said property, except, (if none insert "none"): /VPrA.A....-
4. That there are no liens or encumbrances of any
nature affecting the title of the property hereinabove
described, except as shown on Exhibit A, attached hereto and
incorporated herein by this reference.
5. That it is hereby warranted that no notice has
been received for any public hearing regarding assessments for
improvements by any government, and it is hereby warranted that
there are no unpaid assessments against the above property for
improvements thereto by any government, whether or not said
assessments appear of record, except for 1988 property taxes
not yet due and payable.
6. That there are no outstanding sewer service
charges or assessments payable to any government.
7. That the representations embraced herein are for
the purpose of inducing CITY OF CLEARWATER, its agents,
successors and assigns to rely thereon.
~~ 4---
Richard H. Lee
SW9E~ to and subscribed before me this
~ltmblv , 1988.
l^"
day of
~ ~~ab
Notary Public
My Commission Expires:
Notary Public, Fulton County, Georgia
My Commission Expires July 15, 1990
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EXHIBIT A
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Permitted Exceptions
3.
, if 8fr'J, creat:ed,
nt to the effective date .
ires for value of record the
the eannltment.
lIlle8S the sane are disposed of to the sa tisfaction of the Canpany:
1. oefect:.a, liens, encunbrances, adverse claims or other mat
first awear ing in the ptblic J:ecords or a:ttachlrq s
hereof but prior to the date the proposed .insur
estate or interest or mortg~e thereon ccw.er
2. Rights or claims of parties in pos
on not shown by the pool lc records.
ents, not ShQWll by the public records,
4. Eooroachnents, C'N ape, boun.1ary line disputes, or other matters wich would
an accurate survey or inspection of the pt'a1lise$.
5.
en, or right to a lien, fot services, labor, or material heretofore or
6. Taxes for the year 1988 (which at:e not yet due am payable) am subsequent
years. Parcel No. 06/29/16/00000/410/0500 (Parcell herein): 1987 Gross !daunt
$2,019.47 am Parcel No. 06/29/l6/00000/UO/0400 (Parcel 2 herein) J 1987 Gross
1mount $14,981. 2S am Parcel NO. 06/29/16;1>0000/410/0600 (Parcel 3 heJ:ein);
1987 Gross 1mount $20,408.46 am Parcel )be. 06/29/16/00000/410/0100 am
06/29/16/00000/410/0200 (Parcel 4 herein); 1997 GroBS 1momt $1,294.87 and
$94,981.25 ~espectlvely.
7. Easenent for drainage and utilities over the East 10 feet of Parcell herein as
created by warranty DeOO recorded on rebEuaxy 28, 1978 in o. R. BOOk 4662, pa;re
1989.
8. Terms and corxHtions of any aoo all unrecorded leases.
9. TeImS .an3 corx1itions of unrecomm Lease betwem H.B.A. smset Properties, a
MichigM co-pattnership, as Lessor ard H.8.A. Distributors, Inc., as Lessee,
acknowledged July 29, 1987.
(O::mtinued)
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o. EaSElnent(s) grantoo to the City of Clearwater, Florida by an insttunerit
recordoo on llpril 6, 1972, in Q.R. .Book 3760, page 964.
L. ReCiprocal Easanent 1qreenent by am between E. c. l't'Clurq, Trustee of P\Dlix
SUper Itt.lrkets, Inc., Profit bring Plan and Trust, and Ha1l8iiari pacific
IB:1ustries, 10:::., a Hawaiian corporation, recotdoo on April 6, 1972 in o. R.
8:)QK 3760, page 875. I
~. fwbrtqage frOll Branch 9.mset Associates, Ltd., a Georgia Umited partnership to v
'l1le First National Bank of Atlanta, date;! DecEmber 17, 1987, and recorded in
o. R. Book 6646, page 1100. (Affects Parcel ..) .
3. tt>rbJa;Je fr:an Brardl Su1set Associates, Ltx1., a Georqia 1imitedpartnershlp to v
The First National Bank of Atlanta, dated DecEmber 17, 1987, and recorda:! in
o. R. Book 6646, P"Je 1123. (Aff~ts Parcel 4)
&. Security interest in caption pl:operty held by 'Ihe First National Bank o~
Atlanta as shown by Finan::iBJ StatElMllt recorded on DecEmber 19, 1987, in O~ R. [
BOok 6646, pa<Je 1141. (Affects Parcel 4)
i. Security interest In caption property held by 'Ibe First National Bank of
Atlanta aa shot.n by Financing Bt:atanent recordEd on DecEmber 18, 1987, in O~ R. (
Book 6646, page 1153. (AffECbI Parcel.)
). Secur i t:y interest in caption property held by 'l\le First Na.tional Bank of
Atlanta as shown by Assiqnnent of wsea ani Rents reconled on Janum:y 15, 1989 I
in O.R. Book 6663, page 353. (Affects Parcel.)
7. Security interest in caption property held by 'Ihe First: National Bank of
Atlanta as shown by Secord Assigrment of Leases am Rants recordEd on January i
15, 1989 in o. R. Book 6663, p2r3e 367. (Affects Parcel 4)
J. TeIJDS and coooitions of the Hsmorandtlll of Lease by and between Branch sunset
Associates, Ltrl., a Georgia UmltC!d partnership (Lessor) am Office Hart, Ire.,
a Del8.W.\re corporation (Lessee), datsl MInch 24~ 1988 recordEd on 14>r 11 18,
1988 in o. ~. Book 6723, page 952, ark) tenus and corrlitionsof the unr:ecorded
lease dated February 25, 1988 between said parties, referrm to in the said
HBnoraooun. (Aff~t:s Parcel 4))
~. Tenns aOO conditions of SUbordination, It)n-Disturbance am Attornneqth1~eenent:
by am between Office Hart, Inc., a Dela~e corporation (U:lssee) ardBr:arx::b
SUnset: Associates, -Ltd., a G30rqia UmitEd partnership (Lessor) ard 'IheFirst
;
(Continued)
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National Bank of Atlanta (Len:ler) ,recomed on April 18, 1988 in O. R. eook
6723, page 956. (Affects Parcel 4)
20. security interest in caption. property held by Paccan Leasir~ Q>rporation, as
;Lessor as shown by Plna~irg St:atanent recorded on July 11, 1999, in O.R. Book
6786, page 1430. (Affects Parcel 4)
21. Tenns and corx!i Hons of Reciprocal Fasenent 1lgreanent between P\:blix ~per
Markets, Inc., a Florida corporation and First Federal. Savil'9s aoo [Dan
Association of Clearwater (now kmwn as FOrtune Savin;ls Bank), recorded on
October 12, 1970 in o. R. Book 3409, pagQ 574.
~2. 'rem!'J arrl corx!i tions of ~se bet~ E. c. l't'ClUI9, Trustee for Publ ix 9Jper
Markets, Inc., Profit 9laring Plan arx1 Trust (Lessor) and aJrger-King of Tcnpa,
Inc., a Flor ida corporation (now known AS Butget-KiD] COr{X)ration) (Lessee) and
Rider thereto recorded on July 13, 1972 in o. R. BoOk 3831, pages 951 throU"Jh
967 inclusive, am Assigrment am Assunption of Primary Lease 1tgreenent between
aIrger Kil'XJ COrporation (Assignor) am a1rger KiD] <>>erating Limited
Partnership, a Delaware limited partnership (Assignee), recorded on February
27, 1986 in o. R. Book 6176, page 2398. (Affects !?arcel 4)
!3. '!'ems ard condi Hone of unrecotded Reciprocal Easenent 1qresnent between E. C.
tt::lC1urg, Trustee for Publix 9Jper H/J[kets, Inc. Profit ~arilYi1 Plan arx3 'l'I:ust,
am Northeast Bank of Clear'Ait.er (now koow1 as First Florida Bank, N.A.), dated
January 28, 1974.
l4. EaSEl'l\ent(s) granted to Pinellas Comty by an inst:runent so recordEd on DecEmber
10, 1963, in O.R. Book 1822, page 642. (Affects Pa!:ceI .)
l5. Easetlent:(s) granted to the Ci ty of Clearwater, Florida by an instJ:unent
!:ecordErl on Hay 7, 1971, in O.R. BOOk 3536, page 424. (Affects Parcel 4)
Z6. Teens and con:Ut:1ona of 8eCiprocalEasement 1\greErneot between E. C. M:Clurg,
Trustee for PUbUx &1per Markets, Inc., Profit Sharin;r Plan am Trust am
Hawaiian Pacific Industries, Inc., a Hawaiian corporation, recorded on ~ril 6,
1972 in o. R.;Book 3760, page 875. (Affects Parcels 3 and 4)
!7. EaS9'llent(s) ~rant:ed to the City of Clearwater, Florida by an instrunent
roooIded on ApJ:i1 20, 1972, in o. R. BOok 3771, pcge 519. (Affects Parcel 4)
28. Easement(s) granted to the Ci ty of Clearwater, Florida by an instrunent
recordoo 00 April 20, 1972, in o. R. Book 3771, ~e 520. (Affects Parcel 4)
(Continued)
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Z9. P'assnent(s) grante1 to the City of Clearwter, Flor idaby an inst:runent
record<<1 on April 20, 1972, in O.R. ~k 3nl, page 513. (Affects Parcel 4)
,
recor:ded on June 27, 1980 in O. R. BOok 5040, page 1580.
Jl. NOtice of Tax Lien :against Office Mart, I
o. R~ BOOk 5049, page 2049.
1980 in
32. Tax Wlrran
Inc., recorded on Septanber 3, 1980 in o. R.
13. Terms an:1 corxUtions of lease between Publix &lper ~rkets, Inc., a Florida
corporation (Landlord) am Q:)OO' 8 stores, Inc., a [):!la\lBre coq:oratlon (Tenant)
recorded on June 9, 1971 in o. R. BOok 3557, page 956.
NOO'E: Unless note::1 otherwise, all inatrunents r:eferr:oo to herein are recorded
in the Public Records of Pine1las county, Florida.
14, Those matters revealed by that certain As Built Survey Prepared For Branch Sunset
Associates, Ltd, and The First National Bank of Atlanta and Chicago Title Insurance
Company, dated September 17, 1987, last revised April 25, 1988, prepared by George F,
Young, Inc,