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LABELLA VISTA OF CLEARWATER LLC ~ Return to: Earl Barrett Engineering Department City of Clearwater p, O. Box 4748 Clearwater, FI. 34618-4748 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005090621 03/10/2005 at 02:35 PM OFF REC BK: 14168 PG: 2381-2385 DocType:EAS RECORDING: $44,00 D DOC STAMP: $0,70 RE: Parcel No, 08-29-15-04932-000-0260 II WATER MAIN & UTILITY EASEMENT II FOR AND IN CONSIDERATION of Grentee, upon application and without charge, vacating that certain utility easement as recorded in 0, R. Book 1763, Page 430, Public Records of Pinellas County, Florida, concurrent with Grantee approval of a site plan as Grantor may submit to redevelop the subject parcel, and the benefits to be derived therefrom, LABELLA VISTA OF CLEARWATER, LLC, a Florida Limited Liability Company 200 Brightwater Drive, Unit #2, Clearwater, FI. 33767 ("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 water main and utility easement, as depicted in EXHIBIT "A" appended hereto, over and across the easterly five feet (5') of the following described parcel ("easement"): BAYSIDE SUBDIVISION NUMBER 2, Lot 26, according to the map or plat thereof as recorded in Plat Book 27, Pages 32 & 33, Public Records of Pinellas County, Florida. The CITY OF CLEARWATER, FLORIDA, shall have the right to construct and install a subterranean water main not to exceed eight inch (8") diameter within the limits of said easement utilizing directional bore technology, and to inspect, alter or replace such water main from time to time as conditions may require, Grantee covenants with Grantor that all work activities conducted pursuant to rights granted herein shall be limited to below grade; and in the event Grantee, its employees, contractors or agents, shall disturb Grantor's property at or above grade in the exercise of rights granted herein, then Grantee shall in every such instance restore all physical impacts in the easement 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 fee simple title to the herein described easement premises, and that 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. 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. U:\Easements\LABELLA VISTA OF CLW WM & UTIL EAS.0904.doc Page 1 of3 ,;. ~ 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 undersigned grantor, by and through its Manager who affirms he is d, uly a~orized and empowered. has caused these presents to be duly executed this I S-IA- day of ~ ,200.,j. LABELLA VISTA OF CLEARWATER,LLC, a Florida Limited Liability Company BY:~ Roland J. Rogers ' g Member STATE OF FLORIDA 55 COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this oJ/, day of [il~~, 2004 by Roland J, Rogers, Managing Member of LABELLA VISTA OF CLEARWATER, LLC, who executed the foregoing instrument on behalf of said Florida Limited Liability Company, and who aCkn, owledged the execution t~?3 hQ his free act and d, eed fnr thp.~es and purposes therein expressed, and who [/], ~rSonally known to m~~o [ ] did provide as identification, ~-.0- -.:J My Commission Expires: 7 - f"'" ~,5 ~/,.s-'i... U:\Easements\LABELLA VISTA OF CLW WM & UTIL EAS.0904,doc Page 2 of3 r" ) CONSENT & JOINDER The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage and other instruments of security dated March 15, 2004 given in favor of Regions Bank, an Alabama banking corporation, as recorded in Official Records Book 13444, Pages 1859 - 1879, public records of Pinellas County, Florida; having been assigned to Mortgagee on November 29, 2004 simultaneously with Labella Vista of Clearwater, LLC entering into and executing that certain Promissory Note and Mortgage Modification and Future Advance Agreement, together with that Restated Mortgage and Security Agreement, all being recorded in Official Records Book 13973, Pages 2601 - 2641, public records of Pinellas County, Florida, does hereby join with Grantor and consents to the grant of easement as herein described, and subordinates all of its right, title, interest and claim in the lien of such Mortgage and other instruments of security to said easement grant. Signed, sealed and delivered In the presence of: STATE OF FLORIDA : ss U:\Easements\LABELLA VISTA OF CLW WM & UTIL EAS.0904,doc Page 3 of3 ."\. II CONSENT & JOINDER II The undersigned Mortgagees, owners and holders of an equitable interest in the real property described herein by virtue of that certain Purchase Money Mortgage and other instruments of security dated March 15, 2004 given in favor of Janusz Langiewicz and Janina Langiewicz, husband and wife, as recorded in Official Records Book 13476, Pages 1453 - 1459, public records of Pinellas County, Florida; do hereby join with Grantor and consent to the grant of easement as herein described, and who subordinate all of their right, title, interest and claim in the lien of such Mortgage and other instruments of security to said easement. Signed, sealed and delivered In the presence of: ,~~.{(! ~, Witness signature .., it t,..-t.-t.--v') Janusz L .q 1/1 ;elelVt Witness signature /~/fu/~l,/tJ. ,; i: lr!! ~~. J,VV\f.1' -:e IN\ c..c l, Janina Langiewic~ J rEl2b5 A 0 f2 ? L-~ L. Print Witness Name T(;;)fjjf- /(/I/IfTi/O I1IS'f~/ , , Print Witness name STATE OF ILLINOIS COUNTY OF &r; {<- The foregoing instrument was acknowledged before me this I~ day of j),pc.Cp/h ~yr-, 2004 by Janusz Langlewicz and Janina Langiewicz, husband and wife, mortgages in the above described lien, who executed said instrument and acknowledged the execution thereof to be their free act and deed for the uses and purposes therein expressed, and who [ ] are personally known to me or who did provide /~L( VlO(5 :j)/2LU-(r-S LA. C"f"nS~ as identification, :SS M C "E' '1_ ":3-_cJt. y om miSSion xplres: eX. c;::>l tary Public - State of Illinois ~IJU~ j/}. !/71!Jev- 'Type/Print Name /"~;' OFFICIAL SEAL '~ LAURA M MtLLER $ NOTARY PUBlIC. STATE Of IlLINOfII MV COMl\,!lIUlON IXPfAES:02/2:JJO& '^~~.,.~ U:\Easements\LABELLA VISTA OF CLW WM & UTIL EAS,0904,doc Page 4 of 4 , . , . J fI''':> " ,. EXHIBIT "A" Scale 1" 30 I This is not a survey &R/Q 'Ii r'A / yv~ IE:/? D/?IVE: 24 NO.2 Qe Q;nZ{;, QZe;n 27 ~ Q.A6 o,?-. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ..... BY D. KING LEGAL SKETCH S' WATER MAIN & UTILITY EASEMENT EASTERL Y FIVE FEET (S') LOT 26 BAYSIDE SUB'N. No.2 _00. LGL2004-11 CHtCKED BY E. BARRETT DAlE 10/28/2004 . 276A SIlt" 1 OF 1 SECT-TWSP-RNG 8-29S-15E """"""'" N/A . ,'~' , II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Roland J, Rogers, as Manager, LaBella Vista of Clearwater, LLC, a Florida Limited Liability Company, 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: BAYSIDE SUBDIVISION NUMBER TWO, Lot 26, according to the map of plat thereof as recorded in Plat Book 27, Pages 32 & 33, Public Records of Pinellas County, Florida 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 bills for labor or materials against said property, except: (if none, enter "NONE") 14C)J'oliC? That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain Mortgage and other instruments of security dated March 15, 2004 given in favor of Regions Bank, an Alabama banking corporation, as recorded in Official Records Book 13444, Pages 1859 - 1879 of the Public Records of Pinellas County, Florida, the same having been assigned on November 29, 2004 to Old Harbor Bank simultaneously with owner executing that certain Promissory Note and Mortgage Modification and Future Advance Agreement, together with that Restated Mortgage and Security Agreement, all being recorded in Official Records Book 13973, Pages 2602 - 2641, Public Records of Pinellas County, Florida; and, That certain Purchase Money Mortgage and other instruments of security dated March 15, 2004 given in favor of Janusz Langiewicz and Janina Langiewicz, husband and wife, as recorded in Official Records Book 13476, Pages 1453 - 1459, 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, r ',' -" ~ Page 2 - Affidavit of No Liens LaBella Vista of Clearwater, LLC RE: Lot 26, BAYSIDE SUB. NO, 2 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 the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon, ~i ~,~~ - ,NESS Sjgnature - OA-Yl", P (9 e..-rn. ( c.k-- ESS Printed Name ~ /, By:~ Roland J, Rogers, Manager to and subscribed to before me this 13~ day of 7J ~ {- I S-~ ~ 5 My Commission Expires @'RONALDM'AUGUSTlNE ~,;~ MY COMMISSION # DD 037937 ~.;,~ EX?:BES: July 15, Z005 l~TARY FLNolaiyseMoo& Bondin(;.Inc.