PARK PLACE LAND LIMITED PARTNERSHIP / PARK PLACE LAND INC
..
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INST # 97-333475
NOt 17, 1997 01:11PM
tFFPINELLAS COUNTY F
.REC.BR 9906 LA.
PG 1548
THIS INSTRUMENT PREPARED BY:
Gerald J. Biondo, Esq.
Murai Wald Biondo & Moreno, P. A.
25 Southeast Second Avenue, Suite 900
Miami, Florida 33131
rDJ ~ ~ f[; Ii \Y!. [E rnI.n.
UU [ NOV 19-1~~;l W
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
RETURN TO:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
NONEXCLUSIVE EASEMENT
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_ Tax: Parcel Number: 17/29/16/85546/000/0020
17/29/16/85546/000/0030
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THIS INDENTURE is made and entered into to be effective as of the 23rd day
of September, 1997 by and between PARK PLACE LAND LIMITED
PARTNERSHIP, a Florida limited partnership; PARK PLACE LAND, INC., a
Florida corporation, its general partner; their successors, lessees and assigns
("GRANTOR"), in consideration of the mutual benefits, covenants and conditions
herein contained, did grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation, its successors, lessees and assigns
("GRANTEE"), a nonexclusive easement to operate and maintain in perpetuity or until
the use thereof is abandoned, such facilities as may be necessary or desirable for a new
waterline and sidewalk which shall be constructed and installed by GRANTOR or
others; said facilities being located in the following described "Easement Area" within
GRANTOR'S premises in Pinellas County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND A PART HEREOF
The rights herein granted to GRANTEE by GRANTOR specifically include:
(a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate
and remove said facilities; (b) the right for GRANTEE to clear the Easement Area of
trees, limbs, undergrowth and other physical objects which, in the opinion of
GRANTEE, endanger or interfere with the safe and efficient installation, operation
and maintenance of said facilities; (c) the right for GRANTEE to trim or remove any
timber adjacent to but outside the Easement Area which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation,
I
70
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, ----i!fJ--- Daputy Clerk
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PINELLAS COUNTY FLA.
OFF. 'mc. BK 9906 ~~_~~::
operation and maintenance of said facilities; (d) the reasonable
right for GRANTEE to enter upon land of the GRANTOR adjacent to
said Easement Area for the purpose of exercising the rights herein
granted; and (e) all other rights and privileges reasonably
necessary or convenient for GRANTEE'S safe and efficient
installation, operation and maintenance of said facilities and for
the enjoyment and use of said easement for the purposes described
above, Notwithstanding the foregoing, the GRANTEE shall not
unreasonably interfere with any improvements now existing or
hereafter constructed by GRANTOR.
If fences are installed, they shall be placed so as to allow
unobstructed access to GRANTEE'S facilities. If GRANTOR'S future
orderly development of the premises is in physical conflict with
GRANTEE'S facilities, GRANTEE shall, within sixty (60) days after
receipt of written request from GRANTOR, relocate facilities to
another mutually agreed upon Easement Area in GRANTOR'S premises,
provided that prior to the relocation of said facilities (a)
GRANTOR shall pay to GRANTEE the full cost of relocation as
determined by GRANTEE, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover
the relocated facilities. Upon completion of the relocation, the
easement herein shall be considered canceled as to the portion
vacated by such relocation,
Any and all damage to property or improvements resulting from
the construction, operation, installation, maintenance,
replacement, removal or repair of the facilities shall be
diligently and continuously endeavored to be replaced or repaired
by GRANTEE, all at the expense of GRANTEE. Furthermore, GRANTEE
shall protect, defend, hold harmless and indemnify GRANTOR from and
against any and all claims, losses, liabilities, damages, costs or
expenses (including, without limitation, attorney's fees and costs)
for death or injury to any person or damage to the Easement Area or
the property (including improvements located thereon) which may
arise out of or in connection with or by reason of the
construction, operation, installation, maintenance, replacement,
removal, repair or use of the easement granted herein by GRANTEE or
its agents, employees, contractors or assigns. However, nothing
herein shall constitute a waiver by GRANTEE of its sovereign
immunity and the limitations set forth in Section 768,28, Florida
Statutes,
The easement and other rights herein granted are not
exclusive, and GRANTOR hereby reserves unto itself and its
successors and assigns the right to utilize the Easement Area for
such purposes as do not endanger or interfere with the easement and
other rights granted herein, GRANTOR shall have the right to grant
such other easements, rights or privileges to such persons and/or
entities and for such purposes as GRANTOR in its sole discretion
may select, so long as such purposes do not endanger or interfere
with the easement and other rights granted herein. If GRANTOR
2
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PINELLAS COUNTY FLA.
___~tF-~-~=~._~~ 9906 PG 1550
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utilizes the Easement Area or grants its rights to the Easement
Area to a person and/or entity that in any way alters, modifies, or
obstructs GRANTEE'S rights, then GRANTOR shall immediately restore
the Easement Area to GRANTEE'S use, and pay for all costs of
restoration.
GRANTOR, or any affiliate, assignee or designee of the
GRANTOR, shall have the right to request to tap or connect onto the
utilities installed by GRANTEE pursuant hereto, upon payment of
applicable connection fees and in accordance with applicable laws,
rules and regulations.
The easement granted herein shall run with the land and shall
apply to, be binding upon, and inure to the benefits of the parties
hereto and their respective successors and assigns.
In the event either party seeks to enforce this agreement by
law, both parties agree that the prevailing party shall be entitled
to attorney's fees and costs as awarded by a court of competent
jurisdiction in Pinellas County, Florida,
IN WITNESS WHEREOF, the GRANTOR has
be duly executed by its proper officers
its seal to be hereunto affixed, this
1997,
caused these presents
thereunto authorized
"-
z.~ day of ~'Y1}
to
and
Signed, sealed and delivered
in the presence of:
PARK PLACE LAND LIMITED
PARTNERSHIP, a Florida
limited partnership
By: PARK PLACE LAND, INC.,
a Florida corporation,
its General Partner
By, KM o-A. c...Lt..<J
Stewart Marcus, President
a/M~e..-n. WPN~
Print WITNESS Name
~A~aD~B(~
WITNESS Sig t re
Gf~Al 'fl J. R 10M LO C
Print WITNESS Name
(acknowledgement on next page)
3
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I PINELLAS COUNTY FLA.
OFF. REC. BK 9906 __P_~__~~-~~-
STATE OF FLORIDA
ss.
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
2 3 day of s..nr 1997 by STEWART MARCUS, as
president of PARK PLAC~LAND, INC., the general partner of PARK
PLACE LAND LIMITED PARTNERSHIP, on behalf of the corporation. He
is personally known to me or has produced PV,'c.).U(S. L,..",s"
as identification.
NOTARY PUBLI ,
Print name:
Commission No, :
My Commission expires:
G,\DELGUIDI\PARKPLAC\NON-EXCL.EAS
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PINELLAS COUNTY FLA.
..tF, REC ,B_~ ..~..~_~6 PG 1552
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT
A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida, and being more particularly described as follows:
BEGIN at the Southeast Corner of Lot 3 of Storz Ophthalmics, Inc. Park Place as
recorded in Plat Book 109, Pages 10 and 11 of the Public Records of Pinellas
County, Florida; thence S30008'00"W, for 141.11 feet to the point of curvature of a
curve concave to the Northwest; thence Southwesterly along the arc of said curve,
having a radius of 1920.00 feet, a central angle of 14004'39", an arc length of 471. 74
feet and a chord bearing S37010'20"W, for 470.56 feet; thence N45047'20"W, for
2.07 feet to the point of intersection with a non-tangent curve concave to the
Northwest; thence Southwesterly along the arc of said curve, having a radius of
1510.00 feet, a central angle of 02004'29", an arc length of 54.68 feet and a chord
bearing S40025'46"W, for 54.68 feet; thence by a non-tangent line N64032'56"W,
for 13.14 feet to the point of intersection with a non-tangent curve concave to the
Northwest; thence N ortheaste"'y along the arc of said curve, having a radius of
1910.00 feet, a central angle of 15050'29", an arc length of 528.08 feet and a chord
bearing N38003'14"E, for 526.40 feet to the point of tangency, thence N30008'00"E,
for 141.11 feet to a point on the southerly boundary line of said Lot 3; thence along
said southerly boundary line, S59052'00"E, for 10.00 feet, to the POINT OF
BEGINNING; and containing 6698 square feet, more or less.
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PINELLAS COUNTY
T:~EC .~K 9906 PG F~;53
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THIS IS.ltQ1 A SURVEY
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DISTANCE
2.0
13..14
DIRECTION
N4~'47 20 W
N64'J25& W
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200
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1. This sketch and legal was prepared without the benefit of a title policy and is subject
to any and 011 recorded and or unrecorded eosements, rights-of- woy, restrictions, etc..
2. There may be additional easements and/ar restrictions affecting this property that may
be found in the Public Records of this County.
3. Beorings shown hereon are based on 0 ossumed datum, more specifically the South Line
of Lot J of Storz Ophtholmics, Inc. Pork Plnee. os recorded in Plat Book 109, Pages 10-11.
haYing bearing of S59'52'oo.E.
lEGAl OESCRIPllON
A troct of land lying within Section 17, Township 29 South, Ronge 16 East, Pinellos County, norido
and being more particularly described os foliows:
BEGIN at the Southeast Corner of Lot 3 of Storz Ophthalmics, Inc, Pork Place os recorded in Plot
Book 109, Page 10 to 11 of the Public Records of Pinellos County,Florido; thence S30'08'OO.W, far
141.11 feet to the point of curwture of a curve concove to the Northwest; thence Southwesterly
0lan9 the orc of soid curve, havin9 a rodius of 1920.00 feet, 0 central ongle of 14'04'39., on orc
length of 471.74 feet and 0 chord bearing SJ7'O'20.W, for 470.~6 leet; thence N4~'47'20"W, lor
2.07 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence
Southwesterly along the arc of said curve, having 0 rodius of 1510.00 feet, a central angle of
02'04'29., on arc len9th of 54.68 feet ond 0 chord bearin9 S4075'46.W, for 54.68 feet; thence by 0
non-tongent line N64'J2'56.W, for 13.14 feet to the point of intersection with 0 non-tongent curve
concave to the Northwest; thence Northeosterly along the orc of said curve, hovin9 0 radius al
1910.00 feet, 0 central ongle of 15'50'29., an arc length of 528.08 leet and 0 chord bearing
NJ8'OJ'14.E, for 526.40 feet to the point of tangency. thence NJO'08'oo"E, for 141.11 feet to 0 point
on the southerly boundary line of soid Lot J; thence olon9 said southerly boundary line. 559'52'00.E,
for 10.00 feet, to the POINT Of BEGINNING; ond containing 6698 squore feet , more 01 less.
SCALE: 1- - 100'
CUR\/(
C1
C2
CJ
RADIUS
1920,00
1510.00
1910,00
L.(HCTH
471.74
54.68
~2a,08
0i0R0 BEARING
410.5& SJ7'0 20 w
~,6a S40'25 46 w
526.40 NJa'OJ 14
onTA
'4'04 J9
02'04 29
1~"50 29
P ARK PLACE
EASEMENT SKETCH AND LEGAL
I h.reby n,hl, Ihol Ihi, I.gal d,,,"pho,, ani 5~eleh
mul, Ihe minimum 'echnical Ilondo'dl GI ,..I ; ),lh
by'he Flo,ido Boo,d 01 P,oluliOllOl Suruyo"1 and
lIoppers ill Chapter 61G17.6 f1o,. AdmiNll,olive
Cad., pursuonl 10 S.eli;)/1 412.027, f1o,ielo Slalulu
Shieh and l..gol lhsc,iption nol volid withoul Ihe
li9"Olu,. and Ill.. o,iginol raised seol 01 0 Florida
Gu....d Surv'J'It CIIId Mapper.
CERTIFIEO AS T SKfT" LEGAL DESCRIPTION
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17 29 SOUTH 16 EAST
'" ~KING ENGINEERING ASSOCIA rES, INC.
( ENGINEERS' PlANNERS' SURVEYORS
)- SCIENTISTS' LANDSCAPE ARCHITECTS
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EARL W. RAMER
PROFESSIONAL LAND SURVEYOR No. LS 3612
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THIS INSTRUMENT PREPARED BY:
Gerald J. Biondo, ,Esq,
Murai Wald Biondo & Moreno P.A.
25 Southeast Second Avenue
Suite 900
Miami, Florida 33131
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA )
)ss
COUNTY OF DADE )
BEFORE MORE, the undersigned authority; personally appeared
STEWART MARCUS, as President of PARK PLACE LAND, INC., a Florida
Corporation, general partner of PARK PLACE LAND LIMITED
PARTNERSHIP, a Florida Limited Partnership, whom, being first duly
sworn, does depose and say:
1. That said Limited Partnership is the owner of legal and
equitable title to the following described property in
Pinellas County, Florida, to wit:
A certain tract of land lying within Section
17, Township 29 South, Range 16 East, Pinellas
County, Florida, being more particularly
described in EXHIBIT "A" attached hereto and
made a part hereof.
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 (ENTER "NONE" IF ACCURATE, OR DESCRIBE)
NONE.
4.
That there
affecting
described,
DESCRIBE) :
encumbrances of any nature
the property hereinabove
"NONE" IF ACCURATE, OR
are no liens or
the title of
except: (ENTER
NONE.
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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, FLORIDA, its
agents, successors and assigns to rely thereon,
By, 8rnuU0
Stewart Marcus, President
PARK PLACE LAND, INC,
ame 15U~~~IfI(;Y
~~wg' ~:ihqiv6Ye
wltJi1!.s13 ~r~r;l:.eJ Name
Sworn to and subscribed to before me this ~ day of 4.Jt)/
1997. "/
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My Commission Expires:
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GEAJUIJ J · 8 fOUL) C
Print/Type Name
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EXHIBIT" A"
LEGAL DESCRIPTION OF EASEMENT
A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida, and being more particularly described as follows:
BEGIN at the Southeast Corner of Lot 3 of Storz Ophthalmics, Inc. Park Place as
recorded in Plat Book 109, Pages 10 and 11 of the Public Records of Pinellas
County, Florida; thence S30008'00"W, for 141.11 feet to the point of curvature of a
curve concave to the Northwest; thence Southwesterly along the arc of said curve,
having a radius of 1920.00 feet, a central angle of 14004'39", an arc length of 471.74
feet and a chord bearing S37010'20"W, for 470.56 feet; thence N45047'20"W, for
2.07 feet to the point of intersection with a non-tangent curve concave to the
Northwest; thence Southwesterly along the arc of said curve, having a radius of
1510.00 feet, a central angle of 02004'29", an arc length of 54.68 feet and a chord
bearing S40025'46"W, for 54.68 feet; thence by a non-tangent line N64032'56"W,
for 13.14 feet to the point of intersection with a non-tangent curve concave to the
Northwest; thence Northeasterly along the arc of said curve, having a radius of
1910.00 feet, a central angle of 15050'29", an arc length of 528.08 feet and a chord
bearing N38003'14"E, for 526.40 feet to the point of tangency, thence N30008'00"E,
for 141.11 feet to a point on the southerly boundary line of said Lot 3; thence along
said southerly boundary line, S59052'00"E, for 10.00 feet, to the POINT OF
BEGINNING; and containing 6698 square feet, more or less.
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,. This sketch and legal was prepared without the benefit of a \iUe policy and is subject
to any and all recorded and or unrecorded easements, rights-of- way, restrictions, etc..
2. There may be additional easements ond/or restrictions affecting this property that may
be found in the Public Records of this County,
J. Beorings shown hereon ore bosed on 0 assumed datum, more specifically the South Line
of Lot .3 of Slorz Ophtholmics, Inc. Pork Plnee, os recorded in Plot Book 109, Pages 10-11,
having beoring of S59'52'OO"E.
LEGAl DESCRIPTION
A tract of land lying wilhin Section 17, Township 29 Soulh, Range 16 EOSI, Pinellos County, norido
and being more particularly described os follows:
BEGIN at the Southeast Corner of Lot 3 of Storz Ophthalmic.. Inc. Pork Place os recorded in Pial
Book 109, Page 10 to 11 of the Public Records of Pinellos County. F'lorido; thence S30'08'OO"W, for
141.11 feel to the point of curvature of 0 curve concave 10 the Norlhwesl; Ihence Southweslerly
along the orc of soid curve, having 0 rodius of 1920.00 feet. a central ongle of 14'04'39". on arc
length of 471.74 feel and 0 chord bearing SJnO'20"W, for 470.56 feet; thence N4S'47'20"W, for
2,07 feel to Ihe point of intersection with 0 non-tangent curve concave to Ihe Northwesl; thence
Southweslerly along Ihe arc of said curve, having 0 radius of 1510.00 feel, 0 central angle of
02'04'29", on arc len91h of 54.68 feet ond 0 chord beorin9 S40'2S'46"W, for 54.68 feet; thence by 0
non-tongent line N64'J2'S6"W, for 1J.14 feet to the poinl of interseclion with 0 non-tongent curve
concave to the Norlhwest; Ihence Norlheoslerly along Ihe arc of said curve, having a radius af
1910.00 feel, 0 central angle of 15'50'29", on arc lenglh of 528.08 feet and 0 chord bearing
NJ8'OJ'14"E, for 526.40 feet to the point of tangency. thence NJO'08'OO"E, for 141.11 feet 10 0 poinl
on the southerly boundary line 0' said Lot 3; thence along said southerly boundary line. SS9'52'OO"E,
for 10.00 feet, to the POINT OF" BEGINNING; and containing 6698 square feet , more or less.
'"
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THIS IS .tQ1 A SURVEY
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C2
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RADIUS
"20.00
1~10.oo
1910.00
.
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DIRECTION
N45'47 20 W
N64'3256 W
OlSTANCf
2.0
13.14
o 50
~
100
200
I
SCALE: ,. - 100'
L(NCTH
471.74
54.68
5211,08
0t0R0 BEARINC
470.56 537'020 w
~.68 S40'25 4& W
526.40 NJll'0314
DEL fA
14'04 39
02'04 29
15"50 29
P ARK PLACE
EASEMENT SKETCH AND LEGAL
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29 SOUTH
QGID
IllIAD
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17
WIril
16 EAST
~KING ENGINEERING ASSOCIA TES, INC.
I ENCINEERS ' PLANNERS' SURVEYORS
> SCE:NTlSTS' LANDSCAPE ARCHITECTS
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,
I lIa'a', ct,.il, 11101 IlIil la,ol cIe"r,p"o.. ani '~elclI
..eell the min"..um lacllnical Itoftdord, 01 ,.1 I), III
'J IIIe Flo,ido Boorlf 01 ProlaniO/lOl Sur.aJO"1 oftd
Ifopperl ill Chopler 61G11-6 Flo,. Aclminlll,oliva
Colfa, purluonl 10 Sacli~n ~72.027, Florilfo Slolul..
Shieh and I.a,al Onc,iplion nol valid willloul Iha
li9'lOluta and Ill" o'i,inol 'oild ,,01 01 0 Florida
Iin""d SurvaJ')( Oftll lIIapp...
C~;; ;;)f~~:AL OESCR~TION
EARL W. RAMER
PROFESSIONAL LAND SURVEYOR No. LS 3612
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