DALTON CLEARWATER, LLC
~
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005215672 06/0312005 at 04:09 PM
OFF REC BK: 14358 PG: 1013-1015
DocType:EAS RECORDING: $27.00
D DOC STAMP: $0.70
Parcel I. D. No. 17-29-15-05004-001-0010
I DRAINAGE & UTILITY EASEMENT I
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, Dalton Clearwater, LLC, a Florida
limited liability company, 2840 West Bay Drive, Suite 135, Belleair Bluffs, Florida 33770-2620 (-Grantorj 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 DRAINAGE AND UTlUTlES EASEMENT to encumber the west five feet '6') of Lot 1. Block A.
BAYSIDE SUBDIVISION NO.6. accordina to the Diet thereof as recorded in Plat Book 38. Paaes 38 & 39.
Public Records of Pinel..s County. Florida '"easement Dnm1ises")
This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain
therein stormwater lines and facilities, and to inspect and alter such stormwater lines and facilities from time to
time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to
exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall
promptly restore the easement premises upon completion of any project undertaken in the exercise of these
rights. It is expreSSly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
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.
Grantee, to the extend permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or
occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
C:\Documents and SeIIings\Owner\Local SeItIngs\Temporary Internet FIIes\Content.lE5\7BHBRHCS\DAL TON CLW O&U
EAS 1204.doc 1
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This easement is binding upon the Grantor, the Grantee, their heirs, 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.
.. Page 2 - Drainage & Utility Easement
Grantor: Dalton Clearwater, LLC
Grantee: City of Clearwater
RE: Lot 1, Blk. A, BAYSIDE SUB NO.5
J ,An IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
5' day of -.M w....t..+-4 ,2005.
Signed, sealed and delivered
in the presence of:
~~~-~
WITN S" S signat"). /t I
At... "'~^' . LOc.J1'fN
Print Witness Name
/Jtu.,~L./ I? 9hA,d.Jn;'-AV
If:.~ESS ,n~n: ,JJ
I 1t2.L.- 1'"' ~'"
Print Witness Name
DALTON CLEARWATER, LLC,
a Florida limited liability company
By: SIMDAG INVESTMENTS, LLC,
~~oom~~
By:
Print name "~Ly{ft5
Managing Member
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
, Before me, the undersigned authority, personally appeared
'R,.,'BE'tLT l.;joNS , Managing Member of Simdag Investments LLC, a Florida limited liability
company, Mana6ing Member of Dalton Clearwater, LLC, a Florida limited liability company, who executed the
foregoing instrument on the aforementioned date, and who acknowledged the execution thereof to be his free act
and deed for he u~ nd ~ in set forth.
~ 1) - j My commission expires:
Notary Pu lie - State 0 lorida
Ii l- t,-elll D. Co u.J tt/
TypelPrint Name
[~rsonallY Known
[ ] Produced Identification
Type of Identification Produced
f3' ,JW.END. COWAN
. " My Comm.EXp. 12 1/200$
;, '. ,. No. Do 071677
. n PersonalltKnowr: r J nth.., 1.0.
C:\DocumentB and Selting8\Owner\local Sebvs\Temporary Internet FiIe8\ContenUE5\7BHBRHCS\DAL TON CLW D&U
EAS 1204.doc 2
'lilI: ':
EXHIBIT "A"
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
..... BY
D. KING
CIltacQI IT
E. BARRETT
....
12/07/2ooJ
,
276A
LEGAL SKETCH
5' EASEMENT
W. 5' OF LOT 1 BLOCK A,
BA YSIDE SUB'N. NO. 5
--...
lGl2004-14
....El
1 OF 1
SE:CT-TWSP-ANG
8- 29S-15E
_AIIC(
N/A
12/14/2aa4 1a:59
7275956831
SIMDAG
PAGE 08
'.
Return trl:
Earl Barrett
engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 333756-4746
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005215673 06/03/2005 at 04:09 PM
OFF REC BK: 14358 PG: 1016-1018
DocType:AGM RECORDING: $27.00
RE: Parcel No. 17-29-15-05004-001-0010
II CONSENT TO EASEMENT & SUBORDINATION OF INTEREST 11
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
Lot 1, Block A, BAYSIDE SUBDIVISION NO.5, according to the map or plat
thereof as recorded in Plat Book 38, Pages 38 & 39, PUblic Records of Pinellas
County, Florida,
said lien being evidenced by that certain Mortgage and Security Agreement and other instruments of security
dated March 15, 2004 given by DALTON CLEARWATER, LLC, a Florida limited liability company
(-Mortgagor") in favor of W ACHOVIA BANK, a national banking association organized and existing under the
laws of the United States of America ,Mortgagee"). as recorded in Official Records Book 13436, Pages 1585
- 1608, Public Records of Plnellas County, Aorida, and that certain Second Mortgage and Security
Agreement and other instruments of security dated November 1, 2004, as recorded in Official Records Book
13967, Pages 1181 - 1191, Public Records of Pinellas County, Florida, also given in favor of said
Mortgagee, does hereby consent to and joins in the grant and encumbrance of that certain 5-1oot Drainage &
Utility Easement over and acre$S said real p~erty ~ depicted in EXHIBIT "A" appended hereto, said
easement being dated the ~ day of J14".,l'LcJ.. . 200!:" given by Mortgagor to the CITY
OF CLEARWATER. FLORIDA, a Florida Municipal Corporation. Mortgagee does hereby further subordinate
its above described lien interest and all of the right, title, interest and claim thereunto accruing in said
premises to said easement grant and the drainage utUities to be constructed therein.
~~ WITNESS WHEREOF, the undersigned has caused these presents to be Si9~~d thi~ ~day
of ~u~ . 200~.
WACHOVIA BANK, NATIONAL ASSOCIATION
By: ---f#i ~ J 11J~
Print name tArf A .j. MO(){(~
Title U/l( p~)O~rJ'J
u,\aasemonts\DALTON ~w LLC suaORD 1304.doc
12/)4/2884 18:59
-,
7275956831
SIMDAG
PAGE eg
..;
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: Lot 1, Blk. A, BAYSIOE SUB NO.5
Grantor: Dalton Clearwater, LLC
Grantee: City of Clearwater, Fl.
County of l:t / J 5 ho rniAd/.
o .ss
Stateof F/or/do../ ;
" B'PORE ~ ME':J undersigned authority, personally appeared lit) -h 'a.. S. A 00 r R- ,as
VI (e resl~ of Wachovia Bank, National Association, whom, being duly authorized,
executed the foregoing instrument on behalf 01 said bank, who acknowlec:Jged_ thJAf5Cecution thereof to be
'$ h..e.::. free act and deed for the uses and purposes described therein, and Who [l11s personally known to me
or who [ ] did provide as Identification.
.lANCE It lICE
MY COMMISSION # DD 012122
EXPIRES: April 27, 2006
Bonded Thru Notary Publio UndlllWr~."
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U'\~~Bemen~8'D~TON CLW ~~c suaORD 1204.doc
EXHIBIT "A"
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CITY Of CLEARWATER, fLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
liliA_BY
D. KING
LEGAL SKETCH
5' EASEMENT
W. 5' OF LOT 1 BLOCK A,
BAYSIDE SUB'N. NO.5
DOG. NO.
LGl2004-14
CMtClClO BY
E. BARRETT
....
12/07/2003
,
276A
....ET
1 OF 1
SlCT-TWSP-RNG
8-29S-15E
_AHCf
N/A
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
1<0 BE~T F1 {) NoS-, Managing Member of Simdag
Investments, LLC, Flonda limited liability company, Managing Member of
Dalton Clearwater, LLC, a Florida limited liability company, whom, being first duly
sworn, does depose and say:
1. That Dalton Clearwater, LLC is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
Lot 1, Block A, BA YSIDE SUB NO.5, according to the map or plat
thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records
of Pinellas County, Florida.
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: (list, or if none, insert "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, and:
The encumbrance, lien and obligations imposed by that certain Mortgage
& Security Agreement dated March 15, 2004 given in favor of Wachovia
Bank, National Association (hereafter, 'Wachovia") as recorded in O. R.
Book 13436, Pages 1585 - 1608, Public Records of Pinellas County,
Florida, and that Second Mortgage & Security Agreement dated
November 1,2004 also given in favor of Wachovia, as recorded in O. R.
Book 13967, Pages 1181 - 1191, Public Records of Pinellas County,
Florida.
5. That no written notice has been received for any public hearing regarding
assessments for improvements by any government, and there are no
unpaid assessments against the above described property for
AFF: Dalton CIw LLC 1204.doc
Page 1 of 2
l..
improvements thereto by any government, whether or not said
assessments appear of record.
6. That there are no outstanding sewer service charges or assessments
payable to any government.
7. That the representations embraced herein have been requested by the
CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon in connection with the granting of a drainage and utility easement
to encumber the above-described property.
Signed, sealed and delivered
In the presence of:
In""- '\ ~--
WIT ESS slgnctture /J
A....c..-~ lb. low~
Print Witness Name
!mAAf!gp~/ ~bn~
WITNESS Signat~~
t1.a.n/ee P FIt<<l w..~N
Print Witness Name
DALTON CLEARWATER, LLC,
a Florida limited liability company
By: SIMDAG INVESTMENTS, LLC.
a Florida limited liability company
;--~
Print Name Y22b~- Ly~
Managing Member
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this I S ~ day of
A P/l ii, 200..f:" by 7?o t3~1 tyorl-S , Managing
Member of Simdag Investments, LLC, a Florida limited liability company,
Managing Member of Dalton Clearwater, LLC, a Florida limited liability company,
who executed the foregoing instrument on behalf of said entity, and who
acknowledged the execution thereof to be his free act and deed for the uses and
PU~:i\~~
Notary ublic - Stat~. Flo~a
A-1,...~ . (ow,lf4
TypelPrint Name
[~sonaIlY Known
[ ] Produced Identification
Type of Identification Produced
My Commission Expires:
GALLEN b. COWAN
., ..
. . . ,. My. C.omrn.Exp.12......;i2005
i: " No. DO 071677
[ I Personally Known [] other 1.0.
AFF: Dalton CIw LLC 1204.doc
Page 2 of 2
From:
~
Cc:
Subject:
Ifo tf -0 (ttJYft
RECEIVED
APR 2 9 2005
CITY ATTORNEY
Barrett, Earl
Laura -
Under copy of this message and the subject agenda cover memo I will forward original easement documentation executed
by Dalton Clearwater, LLC. A DR-219 will be attached for your signature. Please have Gina hold and forward for recording
following anticipated Council acceptance on 5/19.
1
Agenda Cover Memorandum
Page 1 of 1
City Council
Preferred Date:lg5~19~?005
Item 10: 1299
Submitted: 104:??:?QQ5
Actual Date: L
JIJ
"l!':
Latest Possible Date: 106-02-2005
~
,,<
-Subject / Recommendation:
Accept a 5-foot Drainage & Utility Easement over and across a portion of Lot 1, Block A,
BAYSIDE SUB NO.5 conveyed by Dalton Clearwater, LLC in consideration of receipt of $1.00
and the benefits to be derived therefrom.
- Summary:
The consultant for the City's Beachwalk Project recommends constructing an additional 24-
inch outfall pipe to carry stormwater runoff from South Gulfview Boulevard into
Clearwater Harbor just east of Hamden Drive.
There is an existing 24-inch outfall pipe extending into the harbor from South Gulfview
within a la-foot easement along the south property line of the Best Western Motel, 445
Hamden Drive.
The north property line of Harborview Grand, a new 55-unity, 7-story condominium under
development at 530 South Gulfview Boulevard is directly adjacent to the existing drainage
easement on the Best Western site. Harborview Grand developer, Dalton Clearwater, LLC,
has granted the subject 5-foot drainage and utility easement that will be contiguous to
the existing la-foot easement to create a 15-corridor sufficient to construct and
maintain the proposed new stormwater line parallel and adjacent to the existing line.
The easement has been granted in consideration of the City permitting stormwater runoff
from the Harborview Grand development to be carried through the new pipe along with
street drainage.
A copy of the easement documentation is available for review in the Office of Official
Records and Legislative Services.
Originating Department: I ~ngineering ,,' , 11
Category: [Agreements/Contracts - without cost
Number of Hard Copies attached:
11
Public Hearing:
INo
.!f
- Review Approval : (Signature indicates approval.)
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