DECADE COMPANIES INCOME PROPERTIES
Altum to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
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RE: Parcel No. 07-29-16-00000-110-0500
03-258938 JUN-24-2003 2: 52PM
PINELLRS CO 8K 12844 PG 1051
__ 111111111111 11111111111111111111 1IIIIIIlllldll
II WATER MAIN & UTILITIES EASEMENT II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to then, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
DECADE COMPANIES INCOME PROPERTIES, a Limited Partnership,
a Wisconsin limited partnership authorized to do business in the State of Florida
N19 W24130 Riverwood Drive, Suite 100, Waukesha, Wi. 53188
("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 ten-foot (10') water main and utilities easement lying five feet (5') each side of all water
mains, up to and including all water hydrants and meters, but excluding any water mains
that may lie under buildings or within five feet (5') of buildings, as all such water lines
and utilities are now constructed and existing, or as may be constructed or
reconstructed in the future within the following described tract:
A portion of the Northeast Y4 of Section 7, Township 29 South, Range 16 East, Pinellas
County, Florida being identified hereafter as Parcel A and Parcel B and being more
particularly described and depicted in EXHIBIT "A", Pages 1 & 2, appended hereto and
made a part hereof.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises and to construct, install and maintain and reconstruct as necessary thereon such
water facilities and to inspect and alter such water facilities from time to time. In the exercise of rights
granted herein Grantee shall in every instance restore all physical impacts to the easement premises to
equal or better condition as existed prior to the exercise of such rights.
Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the
herein described easement premises, that, subject to obtaining the consent of Republic Bank, as
holder of a First Mortgage upon the subject property, Grantor has full right and lawful authority to grant
and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use
and enjoyment of this easement.
"'11IIII
PINELLRS COUNTY FLR
OFF,REC,8K 12844 PG 1052
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises 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 premises by Grantee.
IN WITNESS WHEREOF, the unpersigned grantor has caused these presents to be duly
executed this 3("0\ day of Pt eye- ; \ ,2003.
Signed, sealed and delivered
In the presence of:
DECADE COMPANIES INCOME PROPERTIES,
a Limited Partnership, a Wisconsin limited
partnership authorized to do business in the
State of Florida
By:
By:
STATE OF WISCONSIN
ss
COUNTY OF WAUKESHA
ot
The foregoing instrument was acknowledged before me this 6' day of ~{'~\ ,
2003 by Jeffrey Keierleber, as Managing general partner of Decade Companies, the so e general
partner of Decade Companies Income Properties, a Limited Partnership, who executed the foregoing
instrument on behalf of said partnerships, and who acknowledged the execution thereof to be his free
act and deed for the uses and purposes therein expressed,
\{~ e, ~~
N~ary Public - State ~f Wisco sin, \
Q'\'eN'\ t;, ~u{'.. e. g, \ ~
Type/Print Name
rr<J Personally Known
[ ] Produced Identification
Type of Identification Produced
PINELLRS COUNTY FLR
OFF,REC,8K 12844 PG 1053
LEGAL DESCRIPTION: TOWN PLACE APARTMENTS
EXHIBIT "A"
(Page 1 of 2)
Parcel A:
A parcel of land lying in the Northeast Y4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commencing at the east Y4 corner of said Section 7, thence NOo054'38"E, for 413.55 feet along
the east line of said Section 7, the same being the centerUne of U. S.Hjghway No. 19 to a point
of intersection with the northerly right-of-way line of Seaboard Coast Line Railroad; thence
N81007'02"W, 1117.55 feet, along said northerly right-of-way line to a point of intersection with
the easterly right-of-way line of Florida Power Corporation, as described in O. R. Book 1466,
Page 156 of the Public Records of Pinellas County, Florida; thence NOo042'41"E, for 289.94 feet,
. along said easterly right-of-way line to the POINT OF BEGINNING; thence continue NOo042'41"E,
for 15.77 feet, along said easterly right-of-way line; thence NOo045'11"E, for 1030.36 feet, along
said easterly right-of-way line, to a point of intersection with the southerly right-of-way line of
County Road No.2 (Northeast Coachman Road), a 100 foot right-of-way; thence N58021'40"E,
for 367.38 feet, along said southerly right-of-way to a point of intersection with westerly line of
that certain parcel of land described in O. R. Book 4938, Page 922 of said Public Records of
Pinellas County, Florida; thence along said westerly and southerly line of said parcel by the
following six (6) courses: 1) S31038'20"E, for 148.89 feet; 2) thence S00053'15"W, for 202.73 feet
to a point of curvature of a curve concave to the Northwest; thence southwesterly 60.00 feet
along the arc of a curve having a radius of 135.19 feet, and a central angle of 25050'55"; 4)
thence S89006'45"E, for 43.53 feet; 5) thence S00053'15"W, for 643.19 feet; 6) thence
S89006"45"E, for 505.05 feet; thence S00035'15"W, for 133.49 feet; thence N89006'45"W, for
418.00 feet; thence S22006'58"W, for 103.86 feet; thence S30006'45"E, for 36.78 feet; thence
N76001'26" W, for 58.50 feet; thence S87033'49"W, for 129.00 feet; thence N77026'11" W, for
43.00 feet; thence S82033'49"W, for 200.00 feet; thence N27056'11"W, for 72.00 feet; thence
N89011 '11 "W, for 25.96 feet to the POINT OF BEGINNING.
Parcel B:
A parcel of land lying in the Northeast Y4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commence at the northeast corner of said Section 7; thence S00054'38"W, for 979.41 feet, along
the east line of said Section 7, the same being the centerline of U. S. Highway No. 19, thence
N89006'45"W, for 335.76 feet to the POINT OF BEGINNING; said point also being onthe west line
of those certain parcels as described in O. R. 4059, Page 1669 and O. R. 4963, Page 927 of the
Public Records of Pinellas County, Florid; thence NOo053'33"W, for 718.81 feet along said west
line of the southerly right-of-way line of County Road No.2 (Northeast Coachman Road);
thence S58021'40"W, for 485.63 feet, along said southerly right-of-way; thence leaving said
southerly right-of-way along the easterly and northerly lines of that certain parcel as described
in O. R. 4938, Page 922 of the Public Records of Pinellas County, Florida by the fOllowing six (6)
courses: 1) S31038'20"E, for 69.68 feet; 2) S89006'45"E, for 21.94 feet; 3) S00053'15"W, for 243.94
feet; 4) S89006'45"E, for 200.00 feet; 5) S00053'15"W, for 155.00 feet; 6) S89006'45"E, for 150.00
feet to the POINT OF BEGINNING.
, ,
\,
EXHIBIT "A"
(Page 2 of 2) PINELLRS COUNTY FLR.
OFF.REC.8K 12844 PG 1054
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;ieturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 333758-4748
REV
TOTAL
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RE: Parcel No. 07-29-16-00000-110-0500
03-258939 JUN-24-2003 2:52PM
PINELLRS CO BK 12844 PG 1055
111I1II1~_11111111111l11111111111l1
CONSENT TO EASEMENT & SUBORDINATION OF INTEREST
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured interest in the
following described premises:
A ten-foot (10') water main and utilities easement lying five feet (5') each side of all water mains, up to and
including all water hydrants and meters, but excluding any water mains that may lie under buildings or within
five feet (5') of buildings, as all such water lines and utilities are now constructed and existing, or as may be
constructed or reconstructed in the future within the following described tract:
A portion of the Northeast Y4 of Section 07 Township 29 South, Range 16 East, Pinellas County, Florida, being
identified hereafter as Parr-AI A and Parr-AI B and being more specifically described and depicted in EXHIBIT
"A", Pages 1 & 2, appended hereto and made a part hereof,
said lien being evidenced by that certain mortgage and other instruments of security dated May 16, 1996 given by
DECADE COMPANIES INCOME PROPERTIES, a limited partnership, a Wisconsin Limited Partnership authorized to
do business in the State of Florida ("Mortgagor"), in favor of REPUBLIC BANK, a state banking corporation organized
and existing under the laws of the State of Florida ("Mortgagee"), as recorded among the Official Records of Pinellas
County, Florida in Official Records Book 9350, Page 0393; as modified by Mortgage and Note Modification Agreement
recorded in Official Records Book 12367, Page 346, Public Records of Pinellas County, Florida, does hereby consent to
and joins in the grant of that certain Watermain & Utilities Easement dated the 3rd day of April, 2003 given by Mortgagor
to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, and does hereby further subordinate said
mortgage interest and all of the right, title, interest and claim thereunto accruing in said premises to sa:d casement grant,
together with facilities described therein.
:\-h
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this ~ day of
rY\ao-- ' , 2003.
Signed, sealed and delivered in
presence of:
~_\~~
/dV'Ttness Signat~e
Print name t:.. r. '- .J'. T r -e_: cJ.. J '
W~S~bJre J: Cr~CQ...A...V
Prlht name ~ ,~ AJ ,.,J L. . ~ PR. A A 0
REPUBLIC BANK, a state banking corporation
organized and existing under the laws of the
State of Florida
~JROR~
Christine Ruppel, Vice President
By:
" ......
PINELLAS COUNTY FLA,
OFF,REC,8K 12844 PG 105S
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: Portion of Sec. 07, Twp. 29 S,
Rge. 16 E, Pinellas County, FI.
Grantor: Decade Companies Income Properties, L. P.
Grantee: City of Clearwater, FI.
----------..--.---.---..-----
STATE OF FLORIDA
:SS
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared Christine Ruppel, as Vice President of REPUBLIC BANK, a
state banking cprporation organized under the laws of the State of Florida, who executed the foregoing instrument on
behalf of said bpnking corporation and who acknowledged the execution thereof to be her free act and deed for the use
and purposes s~t forth therein.
~CLl of C1f'AWu9
N ry Public - State of FI~nda ,
Pnnt name ...:r6R N k) L.. l. Ii PR..c;,(L 0
(NOTARY SEAL)
X :ersonally Known
[ ] Produced Identification
Type of Identification Produced
,....,';A:J';"',..,.. JoAnn L Caprafo
t~~N ~~ MY COMMISSION 1/ 00016629 EXPIRE
~*\ .i j May 20, 2005
~ tQIlIQtOTIIAU noY FAIN INSURANCE, irK
. ,
EXHIBIT "A"
(Page 1 of 2)
PINELLRS COUNTY FLR,
OFF,REC,BK 12844 PG 1057
LEGAL DESCRIPTION: TOWN PLACE APARTMENTS
Parcel A:
A parcel of land lying in the Northeast Y4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commencing at the east Y4 corner of said Section 7, thence NOo054'38"E, for 413.55 feet along
the east line of said Section 7, the same bein.g.the centerline of U. S.Highway No. 19to a point
of intersection with the northerly right-of-way line of Seaboard Coast Line Railroad; thence
N81007'02"W, 1117.55 feet, along said northerly right-of-way line to a point of intersection with
the easterly right-of-way Une of Florida Power Corporation, as described in O. R. Book 1466,
Page 156 of the Public Records of Pinellas County, Florida; thence NOo042'41"E, for 289.94 feet,
, along said easterly right-of-way line to the POINT OF BEGINNING; thence continue NOo042'41 "E,
for 15.77 feet, along said easterly right-of-way line; thence NOo045'11"E, for 1030.36 feet, along
said easterly right-of-way line, to a point of intersection with the southerly right-of-way line of
County Road No.2 (Northeast Coachman Road), a 100 foot right-of-way; thence N58021'40"E,
for 367.38 feet, along said southerly right-of-way to a point of intersection with westerly line of
that certain parcel of land described in O. R. Book 4938, Page 922 of said Public Records of
Pinellas County, Florida; thence along said westerly and southerly line of said parcel by the
following six (6) courses: 1) S31038'20"E, for 148.89 feet; 2) thence SOo053'15"W, for 202.73 feet
to a point of curvature of a curve concave to the Northwest; thence southwesterly 60.00 feet
along the arc of a curve having a radius of 135.19 feet, and a central angle of 25050'55"; 4)
thence S89006'45"E, for 43.53 feet; 5) thence SOo053'15"W, for 643.19 feet; 6) thence
S89006"45"E, for 505.05 feet; thence SOo035'15"W, for 133.49 feet; thence N89006'45"W, for
418.00 feet; thence S22006'58"W, for 103.86 feet; thence S30006'45"E, for 36.78 feet; thence
N76001'26" W, for 58.50 feet; thence S87033'49"W, for 129.00 feet; thence N77026'11" W, for
43.00 feet; thence S82033'49"W, for 200.00 feet; thence N27056'11"W, for 72.00 feet; thence
N89011 '11 "W, for 25.96 feet to the POINT OF BEGINNING.
Parcel B:
A parcel of land lying in the Northeast Y4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commence at the northeast corner of said Section 7; thence SOo054'38"W, for 979.41 feet, along
the east line of said Section 7, the same being the centerline of U. S. Highway No. 19, thence
N89006'45"W, for 335.76 feet to the POINT OF BEGINNING; said point also being on the west line
of those certain parcels as described in O. R. 4059, Page 1669 and O. R. 4963, Page 927 of the
Public Records of Pinellas County, Florid; thence NOo053'33"W, for 718.81 feet along said west
line of the southerly right-of-way line of County Road No. 2 (Northeast Coachman Road);
thence S58021 '40"W, for 485.63 feet, along said southerly right-of-way; thence leaving said
southerly right-of-way along the easterly and northerly lines of that certain parcel as described
in O. R. 4938, Page 922 of the Public Records of Pinellas County, Florida by the fOllowing six (6)
courses: 1) 531038'20"E, for 69.68 feet; 2) S89006'45"E, for 21.94 feet; 3) SOo053'15"W, for 243.94
feet; 4) 589006'45"E, for 200.00 feet; 5) 500053'15"W, for 155.00 feet; 6) S89006'45"E, for 150.00
feet to the POINT OF BEGINNING. .
, , '
-- -------,.._-------
.- EXHIBIT "A"
(Page 2 of 2) PINELLAS COUNTY FLA.
OFF.REC,8K 12844 PG 1058
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AFFIDAVIT OF NO LIENS
STATE OF WISCONSIN
: ss
COUNTY OF WAUKESHA
BEFORE ME, the undersigned authority, personally appeared Jeffrey Keierleber, as
Managing general partner, at the behest and benefit of Decade Companies, a Wisconsin general
partnership, sole general partner of Decade Companies Income Properties, a limited partnership, a
Wisconsin limited partnership authorized to do business in the State of Florida, whom, being first duly
sworn, does depose and say:
1, That said limited partnership is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
A portion of the Northeast Y4 of Section 7, Township 29 South, Range 16 East, Pinellas
County, Florida, being identified hereafter as Parcel A and Parcel B and being more particularly
described and depicted in EXHIBIT "A", Pages 1 & 2, appended hereto and made a part hereof.
2,
tenants.
That said property is now in the possession of the record owner, subject to rights of
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: 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, except:
That certain mortgage and other instruments of security dated May 16, 1996
given in favor of Republic Bank, a Florida banking corporation, as recorded in 0,
R. Book 9350, Page 0393, Public Records of Pinellas County, Florida, as
modified by Mortgage and Note Modification Agreement recorded in O. R. Book
12367, Page 346, Public Records of Pinellas County, Florida.
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 described property for improvements thereto by any
government, whether or not said assessments appear of record.
6. That there is no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for he purpose of inducing the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
, I'
\1
Signed, sealed and delivered
In the presence of:
.d~ e~
WITNESS signature
StI$,I};J, t? K,e S .5
- Print Witness name 0 1 ~ ~
2~e
tl1 t1. r ~ E. U e -'" ~ 1\ S5
Print Witne name
DECADE COMPANIES INCOME PROPERTIES.
a limited Partnership, a Wisconsin limited
partnership authorized to do business in the State
of Florida
By: DECADE COMPANIES, a Wisconsin general
partnership, its sole general partner
By:
3rol.
Sworn to and subscribed before me this day of
~~ e. nO~
Notary Public - State of Wlscon
\Z ~f"t '" 'E. ~ 'b\)~ 8 ',\ 0....-
Type/Print Name
., lL~
eierleber, Managing General Partner
~~\'\\
,2003,
\D.2,\-Ol{
My Commission Expires
~,
~ .
EXHIBIT "A"
(Page 1 of 2)
LEGAL DESCRIPTION: TOWN PLACE APARTMENTS
Parcel A:
A parcel of land lying in the Northeast Y4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commencing at the east Y4 corner of said Section 7, thence NOo054'38"E, for 413.55 feet along
the east line of said Section 7, the same being the centerline of U. S. Highway No. 19to a point
of intersection with the northerly right-of-way line of Seaboard Coast Line Railroad; thence
N81007'02"W, 1117.55 feet, along said northerly right-of-way line to a point of intersection with
the easterly right-of-way line of Florida Power Corporation, as described in O. R. Book 1466,
Page 156 of the Public Records of Pinellas County, Florida; thence NOo042'41"E, for 289.94 feet,
. along said easterly right-of-way line to the POINT OF BEGINNING; thence continue NOo042'41"E,
for 15.77 feet, along said easterly right-of-way line; thence NOo045'11 "E, for 1 030.36 feet, along
said easterly right-of-way line, to a point of intersection with the southerly right-of-way line of
County Road No.2 (Northeast Coachman Road), a 100 foot right-of-way; thence N58021'40"E,
for 367.38 feet, along said southerly right-of-way to a point of intersection with westerly line of
that certain parcel of land described in O. R. Book 4938, Page 922 of said Public Records of
Pinellas County, Florida; thence along said westerly and southerly line of said parcel by the
following six (6) courses: 1) S31038'20"E, for 148.89 feet; 2) thence S00053'15"W, for 202.73 feet
to a point of curvature of a curve concave to the Northwest; thence southwesterly 60.00 feet
along the arc of a curve having a radius of 135.19 feet, and a central angle of 25050'55"; 4)
thence S89006'45"E, for 43.53 feet; 5) thence S00053'15"W, for 643.19 feet; 6) thence
S89006"45"E, for 505.05 feet; thence SOo035'15"W, for 133.49 feet; thence N89006'45"W, for
418.00 feet; thence S22006'58"W, for 103.86 feet; thence S30006'45"E, for 36.78 feet; thence
N76001'26" W, for 58.50 feet; thence S87033'49"W, for 129.00 feet; thence N77026'11" W, for
43.00 feet; thence S82033'49"W, for 200.00 feet; thence N27056'11"W, for 72.00 feet; thence
N89011'11"W, for 25.96 feet to the POINT OF BEGINNING.
Parcel B:
A parcel of land lying in the Northeast Y4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commence at the northeast corner of said Section 7; thence SOo054'38"W, for 979.41 feet, along
the east line of said Section 7, the same being the centerline of U. S. Highway No. 19, thence
N89006'45"W, for 335.76 feet to the POINT OF BEGINNING; said point also being on the west line
of those certain parcels as described in O. R. 4059, Page 1669 and O. R. 4963, Page 927 of the
Public Records of Pinellas County, Florid; thence NOo053'33"W, for 718.81 feet along said west
line of the southerly right-of-way line of County Road No.2 (Northeast Coachman Road);
thence S58021 '40"W, for 485.63 feet, along said southerly right-of-way; thence leaving said
southerly right-of-way along the easterly and northerly lines of that certain parcel as described
in O. R. 4938, Page 922 of the Public Records of Pinellas County, Florida by the following six (6)
courses: 1) S31038'20"E, for 69.68 feet; 2) S89006'45"E, for 21.94 feet; 3) SOo053'15"W, for 243.94
feet; 4) S89006'45"E, for 200.00 feet; 5) SOo053'15"W, for 155.00 feet; 6) S89006'45"E, for 150.00
feet to the POINT OF BEGINNING.
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EXHIBIT "A"
(Page 2 of 2)
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