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BAYSIDE ARBORS, LTD. l ~b 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# 200505147802/10/2005 at 11:16 AM OFF REC BK: 14112 PG: 1761-1764 DocType:EAS RECORDING: $35.50 RE: Parcel No. 17-29-16-00000-340-0200 II WATER MAIN & UTiliTIES 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, BA YSIDE ARBORS, LTD., a Florida limited partnership, (formerly ZOM BAYSIDE ARBORS, LTD.) 300 North Lake Avenue, Suite 620, Pasadena, Ca. 91101 ("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 ten-foot (10') water main and utilities easement lying five feet (5') each side of all water mains and utilities, up to and including all water hydrants and meters ("water facilities"), but excluding any mains that may lie under buildings or within five feet (5') of buildings, as all such water mains and utilities are now constructed and existing, or as may hereafter be constructed or reconstructed within the following described tract: A portion of the Southwest % of Section 17, Township 29 South, Range 16 East, and the Northwest % of Section 20, Township 29 South, Range 16 East, Pinellas County, Florida being identified hereafter as Parcel A and Parcel B as more particularly described and depicted in EXHIBIT "A", Pages 1 & 2, appended hereto and made a part hereof. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein described premises to construct, install and maintain and reconstruct as necessary such water facilities, and to inspect and alter such water facilities from time to time. In the exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the easement premises 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 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. C:\Documents and Settings\Grahar\Local Settings\Temp\BA YSIDE ARBORS WM & UTILEAS 122804.doc Page 1 of2 \ - " 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 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. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 28th day of December, 2004. Signed, sealed and delivered in the presence of: BAYSIDE ARBORS, LTD., a Florida limited partnership By; GATEWAY LOCKWOOD, INC., a California corporation authorized to conduct business in the St Florida, its general partner ehner, Vice President, retary & Asst. Treasurer By: Print Witness Name ~ Fr-' WITNESS si ~ t<,(..C..IS 4-L Print Witness Name STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES The foregoing instrument was acknowledged before me this 26111 day of DrGCE'Wl~~ , 200.1. by Earl W. Buehner as Vice President, Assistant Secretary and Assistant Treasurer of Gateway Lockwood, Inc. a California corporation, who executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed. ~T.~ Notary Pub IC -State of California ~Hif(U1y 1: rARt.l.rrA-rJ Type/Print Name My Commission Expires: lD -22-or [v1 Personally Known [ ] Produced Identification Type of Identification Produced SHIRLEYT. SARKISIAN 6) Cu....! ,......13C65Z1 - IkRary PubIlG- CdfamII . LM Ar;;otee CounIf 1- - - !".~", ~""...- C:\Documents and Settings\Grahar\Local Settings\Temp\BA YSIDE ARBORS WM & UTIL EAS 122804.doc Page 2 of2 I. L ~ EXHIBIT A - PAGE 1 OF 2 II PARCEL A LEGAL DESCRIPTION From the Southwest corner of Government Lot I, Section 20, Township 29 South, Range 16 East run thence North 0052'25." East along the West section line of said Seclion 20, 600.00 feet; run lhence South 89013' 12" East along a line 600.00 feet Northerly and parallel 10 the Soulh iine of said Government Lot I, 1,400.00 fC?el; Ihence run North 0"52'25" East, 733.92 feet along the East line of the Westerly 1,400.00 feet of Government Lot I; thence run Soulh 89057'02" East along the South line of Section 17, Township 29 Soulh, Range 16 East, 280.00 feet; Ihence run North 27"02'39" East 43.67 feel for a Point of Beginning'. Thence cOnlinue North 27"02'39" East along the East line of Seville Condominiums 14 and 12, 684.33 fcet; thence run North 43"33'32" West 63.70 feet; thence run North 75018'15" West, 184.76 feet; thence run North 329.15 feet; thence run ..North 36"29'07" East, 439.88 feet; thence run South 43011'54" East, 736.36 feet; thence continue South 43011'54" East, 1,220.07 feet; thence run South 14"03'39" West, 574.62 feet; thence run North 76"35'16" West, 1,130.45 feet; thence run North 52050'19" West 149.74 feet; thence run North 52"36'49" West, 197.47 feet; thence run North 54019'17" West, 207.80 feet; thence run North 48"27'54" West, 6.79 feet to Ihe Point of Beginning. AND PARCEL B LEGAL DESCRIPTION From the SW corner of Section 17 (Being also the NW corner of Section 20), Township 29 S, Range 16 E, run S8S057'02" East along Ihe north line of said Section 20; 400.00 feet for a Point of Beginning; Run thence North 1"03 '04" East along a line 400 feet easterly of the West line of said Section 17, 254.00 feet; run thence S8S.57'02" East along the South line of Seville Condominium 4 (see Condominium Plat Book 7, Page 55-59, Public Records of Pinellas County, Florida), 313.13 feet; run thence North 52"06'17" East 40 feet to a Point on the Centerline of Pearce Drive (see a.R. Book 3421, Page 223, Public Records of Pinellas County, Florida); run thence Southeasterly along a curve to the left of 100 feet radius (chord bearing South 63"25'23" East, chord distance 86.19 feet), 89.11 feet; thence continllC along the centerline of Pearce Drive, South 8S057'Or East, 588.08 feet (also being the South line of Seville Condominiums 3,8,11 & 14); run, thence Southeasterly along a curve to the right of 166.63 feet radius (chord bearing South 67038'32" East, chord distance 121.11 feet) 123.95 feet; run thence South 46"20'02" East, 237.90 feet; run thence North 27"02'59" Easl,' 2.61 feet; run thence South 48"27'54" East, 6.78 feet; run. thence South 54019'17.0" East along the South line of that certain tract conveyed to A.E.L. (See a.R. Book 5232, Page 1130, Public Records of Pinellas County, Florida), 207.80 feet; run thence South 52036'49" East, 197.47 feet; run thence South 52050'19" East, 149.74 feet; run thence South 76035' 16" East, 1,130.45 feet; run then~e South 14"03'39" West, 200 feet; Run thence North 89~13'lr West, 1,812.30 feet; run thence North 0"52'25" East along the East line of the West 1,400 feet of said Section 20, 733.92 feet; run thence NOrlh 88057'02" West 1,000.00 feet to lhe paB. Subject to easements for ingress and egress, drainage and utilities, over Pearce Drive, as recorded in O.R. Book 3421, Page 223 and a.R. Book 3051, Page 586, Public Records of Pinellas County, Florida, and subject to easements for City of Clearwater sanitary sewers, as recorded in O.R. Book 1704, Pages 684-687 and O.R. Book 3273, Pages 2547255, and subject to easement to Florida Power Corporal ion for existing power lines, and subject to easement for existing water mains serving Seville Condominiums. Together with an easement for ingress and egress over Seville Boulevard and Pear<:e Drive, as recorded in O.R. Book 3051, Pages 586-587 and a.R. Book 3421, Page 223, Public Records of Pinellas County, Florida. . , > . ~ EXHIBIT A- PAGE 2 OF 2 II 6avside Arbors. 2717 Seville Boulevard. Clearwater, Fl. ... ~ \. Q i '. .c .:I L[ARWATEA :"." E AS r.' SHOPPING~ . CENTERa: ><C ". In N rl SA YSIDE ARBORS PARCELS "A" & "B" .J - OSAKA r~ 2 - NAGANC OR '~6 3 -.PEklNESE DR 2C""'21 .. - RICE PADDY DR 5 - MARCO POLO DR ----, . , I . '"j I I ,nON r_- - . - :. C I'TV 1= __ ~ I: -= ~ ... Co. Tam/pa I \ .' \ _0- _ _ _ _ _ _ _ -t _ _ _ _ _ ~ . 2-rr- ~ " : .. I ." :~~ _~5HOPPI^,G j". CENTER . ~('-8[IiLAIRE L VF '1.sHO?PIIVG ;CtNTtR I r 29 S r .' UJ l.;) : ~ l [ EN'S E[I( 'EP - 'VG :R .. .~ ' 20 ~~ 29~3 cr:: \,e' Lurg?. ...1 : . :') i CQ'It , COVE iT COVE~' JQ - CAY r-- CA Y /;11 ~ JJ . . - .. ...... "'- AFFIDAVIT OF NO LIENS STATE OF CALIFORNIA COUNTY OF Los PrtJo ELl:$ BEFORE ME the undersigned authority, personally appeared EA~L W. '8Ve.I-(N€~, as V. p./ fJssr.Sec. g. As.sr ~)., at the behest and benefit of Gateway Lockwood, Inc., a California corporation authorized to conduct business in the State of Florida, general partner of Bayside Arbors, Ltd., a Florida limited partnership, whom, being first duly sworn, does depose and say: : ss 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 portion of the Southwest V4 of Section 17, Township 29 South, Range 16 East, and a portion of the Northwest V4 of Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being identified hereafter as Parcel A and Parcel B and more particularly described and depicted in EXHIBIT "A", Pages 1 & 2, appended hereto and made a part hereof. 2. tenants. That said property is now in the possession of the record owner, subject to rights of 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: ( insert "NONE" if applicable, or describe) 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, except: (insert "NONE" if applicable, or describe) IVONe 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. U;\Easements\BA YSIDE ARBORS WM & UTIL EAS AFF (rev) 0804.doc .... . " 7. That the representations embraced herein are for he purpose of inducing the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. Signed, sealed and delivered In the presence of: BAYSIDE ARBORS, LTD., a Florida limited partnership By: GATEWAY LOCKWOOD, INC., a California corporation authorized to conduct business in the State of Florida, its general partner ~~ f!M-{[W P ~~ Print itness name - By: Print Name Title /VA4tb/)/~ v: ,~#O~ Print Witness name Sworn to and subscribed before me this 30T~ day of NOI/€WIt35J1t ,2004 ~' . T~ Notary Pu ic - State of California 1o-~g,OS My Commission Expires JH-Irtt..ey r: ~A-RKIS lA-tJ Type/Print Name J.. - ;H, ~5AAKJSlAN CamrniuiDn' ,3OG52I - ...., Public- CdfamIa LM Angelle CounIf _Corm\. ExpnI.bt.... U:\Easements\BAYSIDE ARBORS WM & UTIL EAS AFF(rev) 0804.doc .... ..... I II EXHIBIT A- PAGE 1 OF 2 II PARCEL A LEGAL DESCRIPTION From the Southwest corner of Government Lot I, Section 20, Township 29 South, Range 16 East run thence North 0052'25" East along the West section line of said Section 20, 600.00 feet; run .thence South 89013'12" East along a line 600.00 feet Northerly and parallel to the South iine of said Government Lot I, 1,400.00 feet; thence run North 0052'25" East, 733.92 feet along the East line of the Westerly 1,400.00 feet of Government Lot I; thence run South 89057'02" East along the South line of Section 17, Township 29 South, Range 16 East, 280.00 feet; thence run North 27"02'39" East 43.67 feet for a Point of Beginning. Thence continue North 27"02'39" East along the East line of Seville Condominiums 14 and 12, 684.33 feet; thence run North 43033'32" West 63.70 feet; thence run North 75018'15" West, 184.76 feet; thence run North 329.15 feet; thence run .North 36"29'07" East, 439.88 feet; thence run South 43011'54" East, 736.36 feet; thence continue South 43011 '54" East, 1,220.07 feet; thence run South 14"03'39" West, 574.62 feet; thence run North 76"35' 16" West, 1,130.45 feet; thence run North 52050'19" West 149.74 feet; thence run North 52"36'49" West, 197.47 feet; thence run North 54019'17" West, 207.80 feet; thence run North 48"27'54" West, 6.79 feet to the Point of Beginning. AND PARCEL B LEGAL DESCRIPTION From the SW corner of Section 17 (Being also the NW corner of Section 20), Township 29 S, Range 16 E, run S88057'02" East along the north line of said Section 20,400.00 feet for a Point of Beginning; Run thence North 1"03'04" East along a line 400 feet easterly of the West line of said Section 17, 254.00 feet; run thence 588"57'02" East along the South line of Seville Condominium 4 (see Condominium Plat Book 7, Page 55-59. Public Records of Pinellas County, Florida), 313.13 feet; run thence North 52"06'17" East 40 feet to a Point on the Centerline of Pearce Drive (see O.R. Book 3421, Page 223, Public Records of Pine lias County, Florida); run thence Southeasterly along a curve to the left of 100 feet radius (chord bearing South 63"25'23" East, chord distance 86.19 feet), 89.11 feet; thence continue along the centerline of Pearce Drive, South 88057'02" East, 588.08 feet (also being the South line of Seville Condominiums 3,8,11 & 14); run thence Southeasterly along a curve to the right of 166.63 feet radius (chord bearing South 67038'32" East, chord distance 121.11 feet) 123.95 feet; run thence South 46"20'02" East, 237.90 feet; run thence North 27"02'59" East, 2.61 feet; mn thence South 48"27'54" East, 6.78 feet; run. thence South 54019' 17.0" East along the South line of that certain tract conveyed to A.E.L. (See O.R. Book 5232, Page 1130, Public Records of Pinellas County, Florida), 207.80 feet; run thence South 52036'49" East, 197.47 feet; run thence South 52050'19" East, 149.74feet; run thence South 76035'16" East, 1,130.45 feet; run then~e South 14"03'39" West, 200 feet; Run thence North 89013' 12" West, 1,812.30 feet; run thence North 0052'25" East along the East line of the West 1,400 feet of said Section 20, 733.92 feet; run thence North 88057'02" West 1,000.00 feet to the POB. Subject to easements for ingress and egress, drainage and utilities, over Pearce Drive, as recorded in O.R. Book 3421, Page 223 and O.R. Book 3051, Page 586, Public Records of Pinellas County, Florida, and subject to easements for City of Clearwater sanitary sewers, as recorded in O.R. Book 1704, Pages 684-687 and O.R. Book 3273, Pages 254~255, and subject to easement to Florida Power Corporation for existing power lines, and subject to easement for existing water mains serving Seville Condominiums. Together with an easement for ingress and egress over Seville Boulevard and Pear<:e Drive, .as recorded in O.R. Book 305'1, Pages 586-587 and O.R. Book 3421, Page 223, Public Records of Pinellas County, Florida. .- ~ ) ,! II EXHIBIT A- PAGE 2 OF 2 II Bavside Arbors. 2717 Seville Boulevard. Clearwater. FI. / ] i .: ::l " ( \. o N K -40 _.___ . I~O T SA YSIDE ARBORS PARCELS "A" & "B" .... I -OSAKA ['~ .2 - NAc;ANC' OR '!A:6 3 -,PEKINESE OR 20"'21 4 - RICE PADDY OR 5 - MARCO POLO OR ----, 1 , , I. >. C I ~ '-..J C ~ i J( r :r c ~ ,-- -. - ::'CI7Y I.:: __.... .~ ~ ... <l. IT/ON. Tam/pa I \ .' \ -.---------4 -----~ '-2"Pr : : " ~I I .~: "II : --_ _ _jSHOPPINC .JA. - CENTER . ,:>i.."BE "LA IRE <.: \,rF ;SHOPPING ;CENTtR I T 29 S UJ <.:l BaJd I ~:~\.( ,EN'S ?fCl< TEP - WG . tR ... ....~ I 2~"~ 29~3 ex: le,' LargO .... ;; .' /. "(O~t . j COVE rr COVE~' ~Q - CAY r" CAY ,,- ~ J