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, I Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
03-438594 OCT-13-2003 10:45RM
PINELLAS CO 8K 13138 PG 2311
111111111111111111111I1111111111111111111I11111111
RE: Parcel No. 17-29-16-00000-220-0100
II UTILITY 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,
BROWN - 19, LLC, a Florida limited liability company
17757 U. S. Highway 19 N., Suite 325, Clearwater, FI. 33764
("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:
Commence at the Northeast corner of the Northwest % of the
Northwest % of Section 17, Township 29 South, Range 16 East;
thence along the east boundary of the Northwest % of the Northwest
1;'4 of said Section, SOoo06'21 "E, 50.00 feet; thence S89034'34"W,
369.59 feet, thence S89040'00"W, 265.66 feet, to the POINT OF
BEGINNING; thence S87040'00"W, 8.54 feet, thence S44054'35" W,
22.36 feet, thence S89034'51 "W, 55.37 feet; thence SOo017'19"E,
19.00 feet; thence N89034'51"E, 38.78 feet; thence N65007'06"E, 45.94
feet; thence N02020'00"W, 16.20 feet to the POINT OF BEGINNING.
Containing 1403 square feet (the "Easement Area").
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~~ This easement is granted for installation and maintenance of Inductive Loop
~~ Detectors in compliance with Section 660, Florida Department of Transportation
~~ Standard Specifications for Road and Bridge Construction to control a traffic
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;:S'~ signal to be constructed within Drew Street right-of-way at the subject driveway
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~ U:\Easements\DREW 19 SHOP CNTR UTIL EAS 0403,doc
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PINELLRS COUNTY FLR,
OFF,REC,8K 13138 P~2312
entrance into Drew 19 Shopping Center. Together with the aforementioned utility
installation with all appurtenant and related electrical systems, Grantee shall
have the privilege for up to thirty-six (36) months following this conveyance of
bracing a temporary traffic signal pole with a back guy to be anchored within the
planter constructed in the Easement Area. Upon installation of the permanent
mast arm and pole, the temporary light pole and back guy shall be removed by
Grantee and any surficial impacts created within the planter area shall be
restored to an equal or better condition as existed prior to such installation.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, instal! and maintain thereon such
utility and to inspect and alter same from time to time. In the exercise of rights
granted herein Grantee shall in every instance restore all physical impacts to the
Easement Area and any adjacent property owned by the Grantor to equal or
better condition as existed prior to the exercise of such rights.
Grantor warrants and covenants with Grantee that it is the owner of the fee
simple title to the herein described Easement Area, that Grantor has full right
and lawful authority to grant and convey this easement to Grantee. It is expressly
understood that Grantor reserves unto itself all rights of ownership of the
Easement Area 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 perpetual and irrevocable and shall
run with the land, except by the written mutual agreement of both parties, or by
abandonment of the Easement Area by Grantee.
IN WITNESS WHERE~e unde~ntor has caused these presents to
be duly executed this day of ,2003.
Signed, sealed and delivered
In th presence of:
BROWN - 19, LLC,
a Florida limited liability company
Print Witness Name
By:
~~
WI NESS signature
(1"e,\i~ f111nnlef1
Print Witness Name
U:\Easements\DREW 19 SHOP CNTR UTIL EAS 0403.doc
Page 2
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PINELLRS COUNTY FLR,
OFF, REC ,8K 13138 PG 2313
Acknowledgment re:
Utility Easement - Drew 19 Shopping Center
Grantor: Brown - 19, LLC
Grantee: City of Clearwater
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ay of
::J~ ,2003 by Jared D. Brown, managing member of Brown -
19, LLC, a Florida limited liability company, whom, being duly authorized,
executed the foregoing instrument on behalf of said limited liability company, and
who acknowledged the execution thereof to be his free act and deed for the uses
and purposes therein expressed.
~ ---,
My Commission Expires:
No ary Public-- State of Florida
Type/Print Name
..,~..,. Angela M La Fayette
?\..1 *~ *Mv Commission CC863487
L N Personally Known ")o~ ExpIres July 11 2003
[ ] Produced Identification
Type of Identification Produced
U:\Easements\DREW 19 SHOP CNTR UTIL EAS 0403.doc
Page 3
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EXHIBIT
THIS IS NOT A SURVEY!!
PINELLRS COUNTY FLR,
OFF ,REC,8K 13138 PG 2314
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NDRTH
0' 20' 40'
~_- I
GRAPIIIC SCALE (IN FEET)
N. BOUNDAR.! OF lHE NI.! QUARlER O~ SECllON 17-1.9-16
DREW
STREET
ar!2'~.511' _
- - - 285.68' , I ~6iJ
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UTILITY EASEMENT:
COMMENCE AT lHE NORTHEAST CORNER OF" lHE NORTHWEST 1/4 OF" THE NORTHWEST
1/4 OF" SECllON 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE ALONG THE EAST
BOUNDARY OF" lHE NORTHWEST 1/4 OF" lHE NORTHWEST 1/4 OF" SAID SECllON,
SOO"Oll'21"E, 50.00 FEET; THENCE $89'34'34"W, 389.59 FEET, THENCE S89"4O'00"W,
265.88 FEET, TO lHE POINT OF' BEGINNING; THENCE S87'40'OO'W, 8.54 FEET, THENCE
S44'54"35"W, 22.36 FEET, THENCE S89"J4'51"W, 55.37 FEET; THENCE SOO"l7'19"E,
19.00 FEET; THENCE N8lrJ4'51"E, 3B.78 FEET; THENCE N65'07'08"E, 45.94 FEET;
THENCE N02'20'OO"W, 16.20 FEET 10 THE POINT OF" BEGlNNGlNG. CONTAINING 1403
SQUARE FEET.
CITY OF CLEARWATER, n.oRIDA
PUBUC WORKS ADllINISTRATION
ENGINEERIHG
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OS D""" Return to:
OS 'et, c' - Earl Barrett
It'T ------ Engineering Department
FEES ~ City of Clearwater
L1TF _,~~- p, 0, Box 4748
~~cv _______ Clearwater, FI. 333758-4748
TOii\l f ~-pf;j
=~~ufU RE: Parcel No, 17-29-16-00000-220-0100
II
3-438599 OCT-13-2003 10:46RM
~INELLRS CO 8K 13138 PG 2339
J Iltil\.D\IIJ\I\L~IIJJIII\II~I~J~Ulli ,-
CONSENT TO EASEMENT & SUBORDINATION OF INTEREST
Loan No. 50-2750014
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
A tract in the Northwest % of the Northwest % of Section 17 Township 29 South,
Range 16 East, Pinellas County, Florida, as more specifically described in
EXHIBIT "A", appended hereto and made a part hereof,
said lien being evidenced by that certain Receipt For Future Advance and Amended and Restated Mortgage
and Security Agreement and certain other instruments dated January 23, 2003 given by BROWN - 19, LLC,
a Florida limited liability company in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national
banking association organized and existing under the laws of the United States of America, as recorded in
Official Records Book 124920, Pages 576 - 636, Public Records of Pinellas County, Florida, as assigned to
Wells Fargo Bank Minnesota, N.A., as Trustee for the Registered Holders of Wachovia Bank Commercial
Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2003-C4 ("Mortgagee"), does
hereby consent to and joins in the grant of that certain Utility Easement dated the 30th day of June, 2003
given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, for the
purpose of installing and maintaining Inductive Loop Detectors and appurtenant facilities in compliance with
Section 660, Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, and does hereby further subordinate said lien interest and all of the right, title, interest and claim
thereunto accruing in said premises to said easement grant, together with facilities described therein,
[SIGNATURE PAGE TO FOLLOW]
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CLT 7l1224vl
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PINELLRS COUNTY FLR.
OFF ,REC.8K 13138 PG 2340
" " ~WHEREOF, the undersigned has caused these presents to be signed this ~ay
of , 2003,
MORTGAGEE:
Wells Fargo Bank Minnesota, N.A., as Trustee for the
Registered Holders of Wachovia Bank Commercial
Mortgage Trust, Commercial Mortgage Pass-Through
Certificates, Series 2003-C4
By:
WACHOVIA BANK, NATIONAL ASSOCIATION,
solely in its capacity as Master Servicer, as
authorize r that certain Pooling and
Servicing A e nt dated as of April 1, 2003
~~~
Print name s: / //1 c..<"", /
By:
Name:
Title:
Witness Signature
Print name A}zs-A,.('{r O. {Yu;l-Irl4
CLT 711224vl
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PINELLAS COUNTY FLA,
OFF,REC.BK 13138 PG 2341
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: Portion of Sec, 17, Twp, 29 S,
Rge, 16 E, Pinellas County, FI.
Grantor: Brown -19, LLC,
Grantee: City of Clearwater, FI.
County of Mecklenburg )
) ss,:
State of North Carolina )
i1~ 13,
,2003
"-VI "~
~ ~erson€llly appefed before me the above-named l ~eo . ~G\ c=> , the
\ct= t'~\~ of Wachovia Bank, National Association, as Master Servicer on
behalf of WELLS FARGO BANK MINNESOTA, NA, as Trustee for the Registered Holders of Wachovia
Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2003-C4 and
acknowledged the foregoing instrument to be his free act and deed and the free act and deed of
Wachovia Bank, National Association on behalf of ender.
, Notary Public
My Commission Expires:
RACSHUNN F HUNTER
r'Jcir,'<i'iV \'1U~:,UC
fo.1[~I(L~~I~13U(\\;\ eOU;\,I'IY, N, C,'
My- CGrn;Jssi'':;11 Exp!re!3 12-15-2007
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CLT 711224vl
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Jared D.
Brown, managing member of Brown - 19, LLC, a Florida limited liability
company, whom, being first duly sworn, does depose and say:
1. That said limited liability company is the owner of legal and equitable title
to the following described property in Pinellas County, Florida, to wit:
A tract in the Northwest % of the Northwest % of Section 17,
Township 29 South, Range 16 East, Pinellas County, Florida, being
more specifically described in EXHIBIT "A" appended hereto
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")
- f./'ow: -
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:
That certain AMENDED AND RESTATED ASSIGNMENT OF LEASES
AND RENTS and other instruments of security entered into between
Brown-19, LLC, as Assignor and Wachovia Bank, National Association, as
Assignee, regarding Loan No.: 50-2750014 (Drew 19 Shopping
Center), more specifically described in O. R. Book 124920, Pages 684 -
695 of the 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
improvements thereto by any government, whether or not said
assessments appear of record.
U:\Easements\DREW 19 SHOP CNTR UTIL EAS 0403,doc
Page 4
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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 utility easement from Brown -
19, LLC to the City of Clearwater.
BROWN - 19, LLC,
a Florida limited liability company
ITNES~ntz;~
Ll/I/M .
Print Witness Name
By:
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, J r\Q(] i../Y\f'YUL97,
WI ESS signa ure
(Y)e\i~ C:;C1 ~ n(),'of1
Print Witness Name
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ---LL day of
, 2003 by Jared D. Brown, managing membeTOfSrown -
1 LC, a Florida limited liability company, who executed the foregoing
instrument on behalf of said entity, and who acknowledged the execution thereof
t e his free act deed for the uses and purposes therein expressed.
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My Commission Expires:
KPersonally Known
[ ] Produced Identification
Type of Identification Produced
" AAWIE BERDlCK MOSS
Notary Public. Stale, of A_
My comm. expo May 22, 200G
Comm. No. 00028144
U:\Easements\DREW 19 SHOP CNTR UTIL EAS 0403,doc
Page 5
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EXHIBIT "A"
LEGAL DESCRIPTION: DREW -19 SHOPPING CENTER
A tract in the Northwest % of the Northwest % of Section 17, Township 29 South,
Range 16 East, Pinellas County, Florida, being more particularly described as
follows:
From the Northwest corner of said Northwest % of the Northwest % of Section
17,run S00035'18"W along the West boundary of said Northwest % of the
Northwest % of Section 17, a distance of 730.0 feet; thence N89034'34"E, parallel
to and 730.0 feet South of the North boundary of the Northwest ~ of said Section
17, a distance of 102.0 feet to a POINT OF BEGINNING on the East right-of-way
line, as it existed prior to October 10, 1999, of U. S. Highway Route No. 19; from
said POINT OF BEGINNING, continue N89034'34"E, a distance of 823.0 feet; run
thence NOo035'18"E, a distance of 131.0 feet; run thence N89034'34"E parallel to
the North boundary of said Northwest ~ of Section 17, a distance of 397.29 feet
to a point which is 30.0 feet West of the East boundary of said Northwest ~ of
the Northwest ~ of said Section 17; run thence NOoo06'21'W parallel to the East
boundary of said Northwest % of the Northwest ~ of said Section 17, a distance
of 548.92 feet to a point, which is 50.0 feet South of the North boundary of said
Northwest ~ of said Section 17; run thence S89034'34"W parallel to the North
boundary of said Northwest ~ of Section 17, a distance of 868.96 feet; run
thence Southwesterly along a curve to the left (radius - 25.0 feet) an arc distance
of 23.18 feet (chord 22.36 feet, chord bearing S26008'24"W) to a point of reverse
curve; run thence Southwesterly along a curve to the right (radius 55.0 feet) an
arc distance of 86.39 feet (chord 77.78 feet, chord bearing S44034'34"W) to a
point of tangency; run thence S89034'34"\lV, a distance of 153.34 feet to a point
of a curve; run thence Southwesterly along a curve to the left (radius 135.0 feet)
an arc distance of 172.80 feet (chord 161.24 feet, chord bearing S52054'27'W) to
a point on the East right-of-way line as it existed prior to October 10, 1999 of U.
S. Highway Route No. 19; run thence SOo035'18'W along said East right-of-way
line of U. S. Highway Route No. 19 as it existed prior to October 10, 1999, a
distance of 508.68 feet to the POINT OF BEGINNING;
LESS AND EXCEPT those portions thereof granted or otherwise taken in favor of
State of Florida Department of Transportation, as described in those certain
instruments recorded in O. R. Book 10816, page 2448 and in O. R. Book 10900,
page 1668 of the Public Records of Pinellas County, Florida.