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ISLAND WAY GRILL INCORPORATED 'DRAF1~ - 2/24/2005 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. OK-,J/f-i6- tf~3j(J.-003-lJoIO KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005090623 03/1012005 at 02:35 PM OFF REC BK: 14168 PG: 2390-2392 DocType:EAS RECORDING: $27.00 D DOC STAMP: $0.70 --------------.._~-----,..._----- --- IRIPARIAN RIGHTS EASEMENT1 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, ISLAND WAY GRILL, INC., a Florida corporation 10395 Gulf Boulevard, Suite 103, Indian Shores, FI. 33785 - 2001 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, ("Grantee"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5, ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as recorded in Plat Book 51, Page 34, public records of Pinellas County, Florida. This easement is granted specifically and exclusively for the purposes of accommodating Public Boat Docks to be constructed and situated adjacent to subject uplands, the use of which requires said riparian rights. Grantor explicitly and unequivocally conveys to Grantee control and interest in the riparian uplands adjacent to the project area and the corresponding riparian rights necessary to utilize and maintain the Public Dock Project. An easement for ingress and egress over Grantor's upland property is being conveyed of even date herewith. Either Party may terminate this easement if the subject property is no longer used for a restaurant or if title to the property is transferred. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that so long as Grantee complies with provisions contained herein, Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. 'DRAFT - 2/24/2005 It is expressly understood that Grantor reserves 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 conditional and revocable in accordance with the conditions as provided for herein, by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, p~nts to' be duly ~ ~p"r the undersigned Grantor has caused these executed this c:2)711- day of ,2005. ISLAND WAY GRILL, INC. STATE OF FLORIDA : 55 COUNTY OF PINELLAS The foregoing instrument was acknowledged before me thi~ day of , 2005 by Frank R. Chivas, as President of Island Way Grill, Corporation, who executed the foregoing instrument and of to be her free act and deed for the uses and Type/Prin ame rVl' Personally Known [ ] Produced Identification Type of Identification Produced My Commission Expires: VICTORIA A. ALDERMAN Notal)' Public, State of Florida My comm. expo Dec. 12, 2005 Comm. No. DO 075446 ~DRAFf - 2/24/2005 II CONSENT & JOINDER II The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage and Note Modification and Renewal Agreement ("Agreement") dated May 17, 2004 as recorded in O. R. Book 13590, Pages 2482 - 2488, public records of Pinellas County, Florida, referencing that certain mortgage and other instruments of security of even date as recorded in O. R. Book 13589, Pages 2612 - 2619, public records of Pinellas County, Florida; same Agreement also renewing and extending provisions of that certain Mortgage and Note Modification, Future Advance and Consolidation Agreement dated August 16, 2002, as recorded in O. R. Book 12183, Pages 2586 - 2592, Public Records of Pinellas County, Florida, and embodying all of those outstanding mortgages and other instruments of security, future advances, prior modification and consolidation agreements given in favor of said Mortgagee as recorded in O. R. Book 11033, Pages 1527 -1533,1543 - 1547, O. R. Book 11261, Pages 409 - 415, O. R. Book 11332, Pages 488 - 494, O. R. Book 11398, Pages 86 - 90, all in the 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 aforesaid instruments to the easement conveyed herein. Signed, sealed and delivered in the pres . eo' COLONIAL BANK, N.A. f/kJa PREMIER COMMUNITY BANK OF FLORIDA, a Florida corporatio ess signature Janice A Calv rint Witness name STATE OF FLORIDA : 55 COUNTY OF PINELLAS : The foregoing instrument was acknowledged before me thi~ day of ~ ' 2005 by Brad McMurtrey, as Executive Vice President of COLONIAL BANK, N.A. flk/a REMIER COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said instrumen nowe the execution )hereof to be ~ free act and deed for the uses and a who [ vf is personally known to me or who [ ] did provide as identification. ~61RR1~i~~mM~~res: Notary Public, State of Florida My comm. expo Dec. 12, 2005 Comm. No. DO 075446