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BAYSIDE ARBORS, LTD. (2) r '! !~ 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# 200505147902/10/2005 at 11:16 AM OFF REC BK: 14112 PG: 1765-1770 DocType:EAS RECORDING: $52.50 Parcell. D. No. 17-29-16-00000-340-0200 I II RECLAIMED WATER MAIN & 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, BAYSIDE 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 (the "City" or "Grantee"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A ten-foot (10') reclaimed water main and utilities easement lying five feet (5') each side of such reclaimed water mains and utilities, including all meters ("water facilities") as same may be constructed within the limits of the easement premises more particularly described and depicted in EXHIBIT "A" appended hereto. This easement is for reclaimed water utility installation and maintenance. The City shall have the right to enter upon the above-described premises and to construct, install and maintain thereon reclaimed water lines and facilities, and to inspect and alter such reclaimed water 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 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. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, 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. This easement grant shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their successors or assigns. This rights and privileges granted herein, and the obligations to be fulfilled in the operation hereof, shall be perpetual and irrevocable except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. U:\Easements\BAYSIDE ARBORS RECLAIMED EAS 0304. doc. doc Page 1 of2 ,t. .{;', _ " It is expressly understood and agreed that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein, including the grant of additional rights not in conflict with the rights granted herein. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by the undersigned duly authorized officers this 3DT1f day of NOv'€'m(b€l'L ,2004. Signed, sealed and delivered in the presence of: BAYSIDE ARBORS, LTD., a Florida limited partnership ~& W~~~~gf r ~~ Print itness Name By: GATEWAY LOCKWOOD, INC., a California corporation authorized to conduct business in the State of Florida, its general partner By: ~ Print Name " Title ' . VICf PRfSIDENJ, ASSl SECRETARY & ASST. TR~ASURm Print Witness Name STATE OF CALIFORNIA COUNTY OF Ltl~ A/\HrELE'$ : ss The ,foregoing instrument was acknowledged before me this 3D T>> day of NCl"~{J,€VL ,2004 by ~ML IN. B Ucl-{NErZ as VlCE fl2tSIl>fNI,As.sr Se((lf?ffie{ &.. ~$Sf rrlfli~lJl!lez. of Gateway Lockwood, Inc., a California corporation, whom, being duly authorized, executed the foregoing instrument on behalf of said corporation as general partner of Bayside Arbors, Ltd., a Florida limited partnership, and who acknowledged the execution thereof to be h i~ free act and deed for the use and purposes therein set forth. ~T~ Notary Public - State of California ~H-(~,Ltl1 T. Jft RKlS( ktJ Type/Print Name [vf Personally Known [] Produced Identification Type of Identification Produced My commission expires:, .~-~-or 1- - - - ~~;~s;"-I . Commiaaton .1300.523 I ' ' tkll:.llry Public - CalifomIII ~ l"S ^1';"Jea Coum, ~ ~ ~_ _ ~~~"m~~~:~~t U:\Easements\BAYSIDE ARBORS RECLA~MED EAS 0304. doc.doc Page 2 of2 ," ~ .. -~ y ) RECLAIMED WATER MAIN & UTILITY EASEMENT LEGAL DESCRIPTION: EASEMENT #1 A 10 foot reclaimed water easement lying 5 feet on either side of the following described line: ' From the Southwest comer of Government Lot I, Section 20, Township 29 South, Range 16 East, thence North 00052'25" East along the West section line of said Section 20, 600.00 feet, thence South 89013 '12" East along a line 600.00 feet Northerly and parallel to the South line of said Government Lot 1, 1,400.00 feet, thence North 00052'25" East, 733.92 feet along the East line of the Westerly 1,400.00 feet of Government Lot 1, thence South 89057'02" East along the South line of Section 17, Township 29 South, Range 16 East, 280.00feet, thence North 27002'39" East, 43.67 feet, thence continue North 27002'39" East, along the East lines of Seville Condominiums 14 & 12, 14.84 feet to the Point of Beginning; thence North 86027'25" West, 48.06 feet; thence North 64001 '27" West, 5.80 feet; thence North 26049'51" East, 136.82 feet; thence North 29028'41" East, 68.89 feet; thence along the arc of a curve to the left, radius 267.00 feet, 18.96 feet, with a chord bearing of North 27026'38" East, and chord length of 18.95 feet; thence North 25024'35" East, 2.91 feet; thence along the arc of a curve to the right, radius 267.00 feet, 232.15 feet, with a chord bearing of North 30002'48" East, and a chord length of224.91 feet; thence North 29046'20" West, 29.98 feet to the Point of Ending. '..'1_ ~ ~ 1N!I@~"ifG=a CURVE C1 C2 -' l) "- :co '" ... :.J :::> ~.."".... ~~"'..,..,......1"'..,..';::~..'" a..", ..._j ~f '" <: '" ,,' ~ , . EXHIBIT THIS IS NOT A SURVEY!! "A" (SKETCH: EASEMENT #1) LINE TABLE LINE LENGTH BEARING L' '4.84' N2T02'.39"E L2 48.06' N86'27'2S"W L.3 S,80' N64"01'22"W L4 1.36.82' 526'49'S'''W LS 68,89' N29"28'4'''E L6 2.9" N2S"24'.3S"E L7 29.98' 529'46'20"[ CHORD 18.9S' 224.9" 01 lD 0 'I ::l -~~ o , tn . ~~~ ~ ::i u V1 g ;:~g CD Z 589'1.3'12"E 1400.00' 5W eor Gov't Lot , 5ee 20-29-16 CITY OF' CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING /'" C.., .;7" " "'- ". /'..1 ;;'0 . / f "'~ / (' \.,.... /f' > /' / V'..... _./ ! . / " /,,/'V , ~~"\'\ " ~~ <.!. I 1[1 \ c:J1' ,'\,---"'"1 tl ~..-'" ( ,-J r c, 'I:~r rJ I' I, )C_....-' LX:' ir' I i ( \ \ ,....-.. '-'"\, \. (.f) .___J ~==-,-", gs .-- --.'\ '"" m ) \, 0::: //\ \ <( /;' "', /' , l '....,/, "'"'.. ------ w o (.f) >- <( CD ~~. l r~::;-- II' I .1 i--l II ~L~, /; I! 1...___.. IJP O.L ~~UNIT 12 1/ ./ SEVILLE " r--~-----.- ___ L________ , U ~ 4--'---1 l_ -1 r---- ) ........... ........ ~..., -.-..-.....) L Jf "-.: ...., ~-? -. "-~~ P.D.B. ~.P1> N2T02'.39"E ~ . .. 43,67' .. ...-.... , "'s '[13"<) ,j 9 " /......, ',./ "':.I ' ,../'" :"~:~:0:>'AJ .../j 589'S7'02"[ ,w 280.00' jq 'N 5 Line of 5ee 17-29-16 N C7'! .., ,...., is r:2 z "'- ..... ~, \ I RECLAIMED WATER MAIN & UTILITY EASEMENT I LEGAL DESCRIPTION: EASEMENT #2 A 10 foot reclaimed water easement lying 5 feet on either side of the following described line: From the Southwest corner of Government Lot 1, Section 20, Township 29 South, Range 16 East, thence North 00052 '25" East along the West section line of said Section 20, 600.00 feet, thence South 89013'12" East along a line 600.00 feet Northerly and parallel to the South line of said Government Lot 1, 1,400.00 feet, thence North 00052 '25" East, 733.92 feet along the East line of the Westerly 1,400.00 feet of Government Lot 1,thence South 89057'02" East along the South line of Section 17, Township 29 South, Range 16 East, 280.00 feet, thence North 2r02'39" East, 43.67, thence continue North 27002'39" East along the East lines of Seville Condominiums 14 & 12,684.33 feet, thence North 43033'32" West 63.70 feet, thence North 75018'15" West, 184.76 feet, thence North 20.83 feet to the Point of Beginning; thence North 79039'08" East, 39.29feet; thence North 08009'55" West, 15.82 feet to the Point of Ending. :'!I " ~ ..:.;., \. ~ 1 z "E '" -5 ;r =f ..: r-- N ,:..: '" e:; ..,. C> C> N :! :;,0 ~ "C .,.; 5 N en en ::> '" ::> '" >< :J ~ SO Q) 'FJ o > o Z ;;: '" ~I ::> .c .:> ::> 0) EXHIBIT "A" (SKETCH: EASEMENT #2) THIS IS NOT A SURVEY!! ~ ~ P.O.E. N08"OS'55"W 15.82' '" <0 o N INSET A '" ~ "I ::> 58S.1.3'12"[ _ gJ.w 1400.00' o I in . ~~~ q ~'uV'> 8 s:.?l8 '" z ___ ~w_, _ c;;o;..r G _,;o;.,v't _,~ Lot 1 ~ ,11'''""......... ....~.. -~..... ~~,/< ~\ i ;,=". ."....,.',.,..,.,' l \~ ~",~">""'l ~~~~I ......:~~,}""., CITY OF CLEARWATER, FLORIDA PUBUC WORKS ADMINISTRATION ENGINEERING ::>~ .cO> _ c:: c:W ~)(I iJ e :"': CD ox w :no N N . m N , If) '" " ,.., 8 .... z SeVILLe eL VD N2T02'.39"[ 4.3.67' 58S"57'02"[ 280.00' 5 line of 5ec 17-2S-16