TWC NINETY-FOUR LTD (2)
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99-188588 AUG-12-1999 3:41PM
PIN~LLAS CO 8K 10823 PG 2098
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Preoared by & return to. /
Earl Barrett
Engineering Department
City of Clearwater
p, 0, Box 4748
Clearwater, FI. 33758-4748
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to
them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
TWC Ninety-Four, Ltd., a Florida Limited Partnership
6200 Courtney Campbell Causeway, Tampa, Florida 33607
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, 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') sanitary easement Ivine within and encumberine the southerlv Ten Feet (10') of
the followina described tract as deoicted in EXHIBIT "A" attached hereto:
DESCRIPTION: A parcel of land lying in the Southwest % of the Southeast % of
p,r.,c~::s5 .~_ Section 8, Township 29 South, Range 16 East, described as follows: From the
N~,.l /~o..o._'J() Southwest corner of the Southeast % of Section 8, Township 29 South, Range 16
F,EC ,a3,y,ot) East, Pinellas County, Florida, run thence South 89041'13" East, 487.83 feet along
DR~f)~ . I/o the South Boundary of the Southeast % of said Section 8; thence North 01025'54"
ttr:' East, 50.01 feet to the north right-of-way line of Drew Street for a POINT OF
BEGINNING; thence continue North 01025'54" East, 1239.21 feet along the East
r-:EE:~; boundary of the West 487.74 feet of the Southwest X of the Southeast % of said
r..\H:'
PIC ,_,.._,___ Section 8; thence South 89036'06" East, 1047.80 feet; thence South 24010'54" West,
REV ____ 524.90 feet; thence South 00052'06" West, 757.44 feet to the North right-of-way line
~. of Drew Street; thence North 89041 '13" West, 852.25 feet along said Northerly right-
TOTAL iii, 70_ of-way line to the POINT OF BEGINNING. Containing 25.201 acres, more or less.
C~ :~~ ti3:::.. The CITY OF CLEARWATER shall have the right to enter upon the above described
premises and to construct, install and maintain thereon any sanitary lines and facilities, and to
inspect and alter such sanitary lines and facilities from time to time. Grantee shall be solely
responsible for all governmental and regulatory permits required to exercise the rights granted
herein, and to restore the area of any construction back to its original condition.
The CITY OF CLEARWATER shall, subject to statutory limits set forth in ~768.25,
Florida Statutes, save and hold harmless the Grantor, its successors and assigns, from any and
all liability arising from and through the operation of rights granted herein.
IN WITNESS WHEREOF, the party hereto has caused these presents to be duly
executed by its proper officer thereunto authorized and its seal to be hereunto affixed, this /~T#-
day of .:J"UIUl!- , 1999,
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I PINELLAS COUNTY FLA,
OFF,REC,8K 10623 PG 2099
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Paqe 2 - Sanitary Easement
Grantor: TWC Ninety-Four Ltd.
Grantee: City of Clearwater
(signature page)
Signed, sealed and delivered
in ~ence of: ~ ,~
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~NON CO 1.-t..1N.'- g~~"(
Print witness name
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Print witnest' name
TWC Ninety-Four Ltd., a Florida Limited Partnership
By: TWC Ninety-Four Partners, Ltd" its General
Partner
By: TWC Ninety-Four, Inc" its General Partner
Qbw~.W~
Debra F, Koehler, Sr. Vice President
By:
STATE OF FLORIDA
: 55
COUNTY OF HILLS BOROUGH
Before me, personally appeared Debra F, Koehler, Sr. Vice President and Secretary of
TWC Ninety-Four, Inc., a Florida corporation, as sole general partner of TWC Ninety-Four
Partners, Ltd., the sole general partner of TWC Ninety-Four, Ltd" a Florida general partnership,
to me well known to be the individual described in and who executed the foregoing instrument
and acknowledged before me that she executed the same on behalf of said corporation and as
an act of said partnerShips for the purposes therein expressed,
Witness my hand and official seal this \ tf'\-V\ day of
My Commission Expires:
.:-"~l:rig:.:..~ _ Lynn Montoya
~<S}.~., " '. ',>:,.in', # r( 790937
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"'/~~.\\~,,': l~rL..:\;f(:C [h::,lNDING co., INC.
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PINELLRS COUNTY FLR,
OFF,REC,8K 10623 PG 2100
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Prepared by and return to:
Earl Barrett
Engineering Department
city of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
(Loan No. 12-5129419)
THE UNDERSIGNED, owner of a lien on or secured interest in the
following described premises:
A parcel of land lying in the Southwest ~ of the Southeast ~ of Section
8, Township 29 South, Range 16 East, Pinellas County, Florida, and being
more particularly described as follows:
From the Southwest corner of the Southeast ~ of Section 8, Township 29
South, Range 16 East, Pinellas County, Florida, run thence S.89041'13"
E., 487.83 feet along the South boundary of the Southeast ~ of said
Section 8; thence N. 01025'54" E., 50.01 feet to the North right-of-way
line of Drew Street for a POINT OF BEGINNING; thence continue N. 01025'
54" E., 1239.21 feet along the East boundary of the West 487.74 feet of
the Southwest ~ of the Southeast ~ of said Section 8; thence S. 89036'
06"E., 1047.80 feet; thence S. 24010'54"W., 524.90 feet; thence S. 000
52'06" W., 757.44 feet to the North right-of-way line of Drew Street;
thence N.89041'13" W., 852.25 feet along said Northerly right-of-way
line to the POINT OF BEGINNING.
Containing 25.201 acres, more or less.
as evidenced by a Mortgage and Security Agreement dated September 17, 1997 given
in favor of First Union National Bank, national association, by TWC Ninety Four,
Ltd., a Florida Limited Partnership, as recorded among the Public Records of
Pinellas County, Florida in Official Records Book 9844, Pages 2313 through 2380;
and said mortgagee hereby consents to and joins in the granting of that certain
sanitary easement to be given by mortgagor to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation, and hereby further subordinates said mortgage
interest and all of the right, title, interest and claim thereunto accruing in
said premises to said easement grant, together with facilities described therein.
I~~TNESS WHEREO~e undersigned has caused these presents to be
signed this ~day of , 1999. ~
Signed, sealed and delivered in ONAL BANK, ~ ~
~hJe resence of:
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Witness signatur:-'~
~~. PhELP.5
Witness Signature
Print nambla.~nC &~n
TERRY C. {-:,:WI ':1EIMER
DIRECTQ(~ r1NM.ICE
Title
(corporate seal)
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lINELLAS ~~~~1Yp~L~iol
OFf, REC ,8K ______-------------------
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Page 2 - ACKNOWLEDGMENT OF CONSENT TO EASEMENT
AND SUBORDINATION OF INTEREST
RE: Sanitary Easement in 8-29-16
Grantor: TWC Ninety-Four, Ltd.
Grantee: City of Clearwater, Florida
STATE OF NORTH CAROLINA
:ss
COUNTY OF MECKLENBERG
.~ The foregoing instrument was acknowledged before me this 11+~ day of
.Jun t ,1999 by Te..rr\J C. ()i b~11(j lY1ef , as DICe( 1(;(' F,hCu=i('{;
of First Union National Bank, national association, as duly authorized by and on
behalf of said banking institution for the use and purposes as described herein.
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l 'VL{ .J1 r) I UCl'- (seal)
No~ary publi~ - s~at5 of ~orth Carolina
Pnnt name (hn0t1 vroLl" My Commission Expires December 17, 2000
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[vI' Personally Known
[ ] Produced Identification
Type of Identification Produced
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I PINELLRS COUNTY FLR,
OFF,REC,8K 10623 PG 2102
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EXHIBIT "A"
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NDRTH
N. T. S.
S89'36'OS"E
1047.80'
Note . This /s Not A Survey
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/ 10' Sanitary Easement" 1 O'
P.O.B.~
S89'41'13"E "\:1
487.83'
" N01'2S'S4"E
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s. w. COl'. of the S.E. "
Section 8 Twsp. 29 S Rng. 16 E
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N89'41'13"W
852.25'
DREW ST.
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
03/12/99
Lg199-03
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MAY 0 3 1999
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AFFIDA VIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Debra F. Koehler,
Representative of TWC Ninety-Four Ltd., a Florida Limited Partnership, whom, being first duly
sworn, does depose and say:
1. That TWC Ninety-Four, Ltd. is the owner oflegal and equitable title to the following described
property in Pinellas County, Florida, to wit:
DESCRIPTION: A parcel of land lying in the Southwest 1f4 of the Southeast 1f4
of Section 8, Township 29 South, Range 16 East, described as follows: From
the Southwest corner of the Southeast 1f4 of Section 8, Township 29 South,
Range 16 East, Pinellas County, Florida, run thence south 89041'13" East,
487.83 feet along the South Boundary of the Southeast 1f4 of said Section 8;
thence North 01025'52" East, 50.01 feet to the north right-of-way line of Drew
Street for a POINT OF BEGINNING; thence continue North 01025'54" East,
1239.21 feet along the East boundary of the West 487.74 feet of the Southwest
1f4 of the Southeast 1f4 of said Section 8; thence South 89036'06" East, 1047.80
feet; thence South 24010'54" West, 524.90 feet; thence South 00052'06" West,
757.44 feet to the North right-of-way line of Drew Street; thence North
89041'13" West, 852.25 feet along said Northerly right-of-way line to the
POINT OF BEGINNING. Containing 25.201 acres, more or less.
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, other than 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
hereinabove described, except easements and restrictions of record and:
a. That certain Mortgage and Security Agreement dated September 17, 1997
given in favor of First Union National Bank, a national banking association,
as recorded in Official Records Book 9844, Pages 2313 through 2380 of the
Public Records of Pine lias County, Florida; and,
b. That certain Promissory Note and Mortgage dated September 16, 1997 given
in favor of the Housing and Community Development Department of the City
of Clearwater, Florida, as recorded in Official Records Book 9845, Pages
0001 through 0011; being subordinate to the lien and security interest of the
above described Mortgage and Security Agreement given in favor of First
Union National Bank as evidenced by that Subordination Agreement recorded
in Official Records Book 9876, Page 1128, all of the Public Records of
Pinellas County, Florida.
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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 the purpose of inducing the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
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WITNESS Signature
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WITN S Sign'Mure
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WITNESS P nted Nrone
TWC Ninety-Four, Ltd., a Florida Limited
Partnership
By: TWC Ninety-Four Partners, Ltd., its
General Partner
By: TWC Ninety-Four, Inc., its General Partner
By:
OJk~~'1 ~oJJ1,
Debra F. Koehler, Sr. Vice President
,1999.
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My 't6ffiinissI6n'E~'ifJ&g co. INC.
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EXHIBIT "A"
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NDRTH
N. T. S.
S89'36'06"E
1047.80'
Note
This /s Not A Survey
/ 10' Sanitary Easement'\ 10'
N89'41'13"W 852.25'
N01"25'54"E
Q 50.0f
S. W. Cor. of the 5.E. "
Section 8 Twsp. 29 S Rng. 16 E
DREW ST.
CITY OF CLEARWATER, FLORIDA
PUBIJC WORKS ADMINISTRATION
ENGINEERING
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