Loading...
ISLAND WAY GRILL INCORPORATED (2) DRAFT - 2/24/2005 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# 2005090624 03110/2005 at 02:35 PM OFF REC BK: 14168 PG: 2393-2396 DocType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 RE: Parcel No. 08-29-15-43380-003-0010 II SIDEWALK EASEMENT II 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, 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, under 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, being more particularly described as follows: The South 6.0 feet of the East 210.0 feet of the aforementioned portion of Lot 1. Block C. Unit 5. ISLAND ESTATES OF CLEARWATER as depicted in EXHIBIT "A" appended hereto. This easement is granted for installation and maintenance of a public sidewalk. 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. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to construct. install and maintain thereon such sidewalk and to inspect and alter same from time to time. Grantor warrants and covenants with Grantee that it is the owner of the 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 Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. C:\DOCUME-1 \lIipowsk\LOCALS-1 \T emp\mwtemp550\ws 72. tmp DRAFT - 2/24/2005 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 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 WIjJ:REOF, the un duly executed this ,1fJ' ^day of rsigned grantor has caused these presents to be ,2005. ISLAND WAY GRILL, INC. .......-r::: 'I J ' By:~~k~ CTfL~7 Frank R. Chivas, President STATE OF FLORIDA : 55 COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~) day 2005 b resident of Island Way Grill, Inc., a Florida corporation, w ed th t on behalf of said corporation, and who acknowledged t e act nd deed for the uses and purposes therein expressed. / if ~InriAA r\ ALDERMAr, / './1,-, TOR"-f1\. MJi 8~m~~.sk<t'OERlij(~s: Notary Public, State of Florida Mil cemr!,. expo Dec. 12, 2005 . ::1)[,,(1. No. 00 075446 [~erSOnaIlY Known [ ] Produced Identification Type of Identification Produced C:\DOCUME-1 \lIipowsk\LOCALS-1 \T emp\mwtemp550\ws 72. tmp 2 DRAFT - 2/24/2005 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 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. STATE OF FLORIDA : S5 COUNTY OF PINELLAS COLONIAL BANK, N.A. f/kla PREMIER COMMUNITY BANK OF FLORIDA, a Florida corporation I ,,' By: The foregoing instrument was acknowledged before me thi&.. day of , 2005 by Brad McMurtrey, as Executive Vice President of COLONIAL BANK, N.A. flkl PREMIER COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said instrumen ed the executio9'thereof to be h t~ free act and deed for the uses and R r s ther . , nd who [v] is personally known to me or who [ ] did provide as identification. f Florida VICTORIA A. ALDERMAN My Commission Expires: VICTORIA A. ALDERMAN Notary Public, State of Florida My comm. expo Dec. 12, 2005 Comm. No. DO 075446 3 C:\DOCUME-1 \lIipowsk\LOCALS-1 \T emp\mwtemp550\ws 72. tmp ~ EXHIBIT "A" Scale 1 II 40 I This is not a survey D 61 I ~. I :."1 ~ \ '. .\ ': I . '1 ~: I f: I ::: I ':-1 ':"- 6 I Sidewalk Easement . ". . .',.. '. . ..... ISLAND WAY 267B CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING LEGAL SKETCH 6' SIDEWALK EASEMEN'F LOT 1 BLOCK .C. ISLAND ESTATES UNIT 5 20 ISLAND WAY HET 1 OF'1 ...... BY D. KING .... NO. LGL2004-1 J ......ED BY E. BARRETT .... 12/06/04 SECT-1WSP-llIIG 8-29S-15E lIRllOlNICE N/A