A B R PLYMOUTH PLAZA LIMITED
INST # 96-313346
NOV 14, 11=~. 4: 42PM
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Prepared by & return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
PINELLAS COUNTY FLA.
OFF.REC.BK 9524 PG 266
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to it, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
A B R PLYMOUTH PLAZA LTD.,
a Florida Limited Partnership
26750 U. S. Highway 19 North, Suite 350
Clearwater, Florida 34621
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, 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 (10') foot water main easement lying 5' each side of all water mains up
to and including all meters, AND an ingress and egress easement for refuse
and garbage collections and City of Clearwater service and utility vehicles,
all lying within the following described tract:
A portion of Section 30, Township 28 South, Range 16 East, in the
City of Clearwater, County of Pinellas and State of Florida being
more particularly described n EXHIBIT ~A" attached hereto, and
also being depicted in EXHIBIT ~B" attached hereto.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above described premises and to construct, install and maintain thereon any
water facili ties qp~.~~ct).,ldnspect and alter such water facilities from time to
time .11 ~b..''-'!''"'''''''' .'
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Page 2 -
Grantor:
Grantee:
Date:
Water Main Easement
A B R Plymouth Plaza, LTD
City of C earwater, Florida
5 -aO, 1996
PINELLAS COUNTY FLA
OFF.REC.BK 9524 PG 267
IN WITNESS WHEREOF, the party hereto has caused these presents
duly executed by its proper officers ther~uthorized and its seal
hereunto affixed, this:::t~t!:-. day of . ~ , 1996.
to be
to be
Signed, sealed and delivered
in the presence of:
A B R PLYMOUTH PLAZA, LTD.,
orida Limited Partnership
n~J/V1~ A : .,,-
WITNESS ./~
f(/DW\e.Y\a S E\'e..6 e-
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wlfgev:. ~~~ed sign~ure
STATE OF FLORIDA
COUNTY OF (l-,~/l/t2/~..9
The foregoing instrument was acknowledged before me this 30C~day of
~_ ,1996 by Robert M. Reed, II, as sole General Partner of A
B R PLYMOUTH PLAZA, LTD., a Florida Limited Partnership, who affirmed that he
is duly authorized and did execute such instrument on behalf of the
partnership for the purposes expressed therein. ,\\\"'....',J.
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Notary Public State of Florida
Type/print/stamp name of acknowledger
[~erSOnallY Known
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Type of Identification Produced
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ATTACHED TO AND AN INTEGRAL PART OF:
Water Main Easement
Dated: September 30, 1996
Grantor: ABR Plymouth Plaza, LTD
Grantee: City of Clearwater, Fl.
PINELLAS COUNTY FLA
OFF.REC.BK 9524 PG 268
MORTGAGEE CONSENT TO EASEMENT
BANK MIDWEST, N. A., a National banking association, organized
and existing under the laws of the United states of America, witD
offices at 1100 Hain Street, Kansas City, Hissouri, on this 71
day of DClv~~~ , 1996, acknowledging receipt of One Dollar
$1.00) and other good and valuable consideration, and the execution
of the grant of easement or right-of-way by the fee owner of the
premises described herein, the terms of which are incorporated
herein and, by reference, made a part hereof, said corporation
being the owner and holder of all the indebtedness secured by that
certain mortgage and other instruments of collateral dated November
23, 1992 given to Chase Manhattan Bank, N. A., a national banking
association, as recorded in Official Records Book 8108, Page 2182,
et aI, in the Public Records of Pinellas County, Florida, said
mortgage and all related security instruments having been assigned
to Lennar Northeast Partners Limited Partnership, a Delaware
Limited Partnership, on November 3, 1994 as recorded in Official
Records Book 8908, Page 683, Public Records of Pinellas County,
Florida, and being subsequently assigned thereafter to BANK
MIDWEST, N. A., a national banking association, which hereby
consents and agrees to the grant of easement as described herein,
and grants to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, its successors and assigns, the same right-of-way, and
agrees that such right-of-way shall be prior and paramount to all
rights under such mortgage, and any future modifications thereof;
and that any sale under foreclosure of said mortgage shall be
subject to such right-of-way.
Signed, sealed and delivered
in the presence of:
14. - J). {/J~ By:
'W~Slgna:bl1e --(j
~p~t~~e~am~ ' 'Y
TNESS S~nature
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Print Name
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Page 2 - Notary Acknowledgment
Bank Midwest, N. A. Consent to
Easement given City of Clearwater,
Florida by ABA Plymouth Plaza, LTD.
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UNTY FLA.
PINELLAS C~4 PG 269
OFF.REC.BK 95
STATE OF MISSOURI
COUNTY OF JACSKON ~
The foregoing instrument was acknowledged before me this ~~
day of CJ/-M8Of--. , 1996 by John E. Baxter, as Vice President
for BANK MIDWEST, N. A., ehalf of said banking corporation and
::~~Stat~rOf Mi:~::::~- {SEALL
Type/Print Name ~,.I~, /?t;Z.l;f/-c>~&auk--t,
o Personally Known
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Type of Identification Produced
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PINELLAS COUNTY FLA.
OFF.REC.BK 9524 PG 270
EXHIBIT ~~A"
[LEGAL DESCRIPTION: PLYMOUTH PLAZA]
A tract of land lying in Section 30, Township 28 South, Range 16 East, Clearwater,
Pinellas County, Florida, and being more particularly described as follows:
COMMENCE at the center of said Section 30; thence S. 00012'15" E., for 50.00 feet,
along the centerline of U. S. Highway 19; thence N. 89055'13" W., for 100.00 feet, to
the intersection of the South right-of-way line of S. R. 580, and the West right-of-way line
of U. S. 19 (a 200 foot right-of-way); thence along said right-of-way the following three
(3) courses: 1) S. 00012'15" E., for 150.49 feet, to a point of curvature of a curve
concave to the Northeast; 2) thence southeasterly along the arc of said curve having a
radius of 2964.93 feet, central angle of 21050'27", an arc length of 1130.21 feet, and a
chord bearing S. 11007'28" E, for 1123.38 feet to the POINT OF BEGINNING; 3) thence
continue southeasterly along the arc of said curve having a radius of 2964.93 feet, central
angle of 04059'40", an arc length of 258.46 feet, and a chord bearing S. 24032'32" E.,
for 258.37 feet; thence, leaving said right-of-way line, S. 53051 '47" W., for 93.06 feet;
thence N. 36008'28" W., for 111.50 feet; thence S. 53051 '32" W., for 229.00 feet;
thence N. 36008'28" W., for 18.50 feet; thence S. 53051 '32" W., for 201.65 feet;
thence N. 36008'28" W., for 160.00 feet; thence S. 53051'32" W., for 210.82 feet, to a
point on the easterly right-of-way line of Enterprise Road; thence along said right-of-way
line the followmg three (3) courses: 1) N. 55019'05" W., for 307.28 feet, to the point of
curvature of a curve concave to the Northeast; 2) thence northwesterly along the arc of
said curve having a radius of 270.00 feet, central angle of 45019'50", an arc length of
213.62 feet, and a chord bearing N. 32039'10" W., for 208.09 feet to the point of
compound curvature of a curve concave to the Northeast; 3) thence northwesterly along
the arc of said curve having a radius of 835.00 feet, a central angle of 00024'40", an arc
length of 5.00 feet and a chord bearing N. 09046'55" W., for 5.99 feet to a point on the
South line of the plat of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76, of
the Public Records of Pinellas County, Florida; thence along the southerly and easterly lines
of said plat the following two (2) courses; 1) S. 89055'13" E., for 6.87 feet; 2) thence N.
00004'47" E., for 167.02; thence, leaving said plat, S. 89055'13" E., for 220.00 feet;
thence S. 10004.'47" W., fer 135.00 feet; ~henca S. 89"55',3" E., for 568.72 fest;
thence N.Ooo04'47" E., for 10.00 feet; thence S. 36056'12" E., for 70.43 feet to the
point of curvature of a curve concave to the Northwest; thence northeasterly along the arc
of said curve, having a radius of 47.75 feet, a central angle of 38013' 11 ", an arc length
of 31.85 feet and a chord bearing N. 77038'48" E., for 31.26 feet to a point of tangency;
thence N. 58032'12" E., for 121.19 feet to the point of curvature of a curve concave to
the Southeast; thence northeasterly along the arc of said curve having a radius of 187.16
feet, central angle of 09005'08", an arc length of 29.68 feet, and a chord bearing N.
63004'46" E., for 29.65 feet to a point of tangency; thence N. 67037'20" E., for 26.65
feet to the Point-of- Beginning.
LESS that part thereof as described in Order of Taking recorded in O.R. Book 6656, Page
889 of the Public Records of Pinellas County, Florida.
, I PINELLAS COUNTY FLA.
OFF.REC.BK 9524 PG 271
SCALE: r-200'
\ NOlE: 1HS IS NOT A SURVEYI
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DIALYSIS MACHINE
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Golf Course
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
ORA" BY
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OfEa<ED BY
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DESIGNED BY
N A
MB PARCEL 34 01
SKETCH
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Prepared by & return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. o. Box 4748
Clearwater, Fl. 34618-4748
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF f " l\t f / /d 9
BEFORE ME, the undersigned authority, personally appeared Robert M.
Reed, II, as sole General Partner of A B R PLYMOUTH PLAZA, LTD., a Florida
Limited Partnership, whom, being first duly sworn, does depose and say:
1. That A B R PLYMOUTH PLAZA, LTD. is the owner of legal and equitable
ti tle to the following described property in Pinellas County, Florida, to
wit:
A portion of Section 30, Township 28 South, Range 16 East, in the
City of Clearwater, County of Pinellas and State of Florida being
more particularly described in EXHIBIT "A" attached hereto, and
also being depicted in EXHIBIT "B" attached hereto.
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
saidl property, except (insert ~NONE" if applicable, or list) :
~/J8Afe '7
4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except:
That certain Note secured by a mortgage, along with other
instruments of collateral dated November 23, 1992 (~mortgage")
in favor of Chase Manhattan Bank, N. A., a national banking
association, as recorded in O.R. Book 8108, Page 2182, et al,
of the Public Records of Pinellas County, Florida, said mortgage
having been assigned to Lennar Northeast Partners Limited
Partnership, a Delaware Limited Partnership, on November 3,
1994 as recorded in O.R. Book 8908 Page 683, Public Records
of Pinellas County, Florida, and being subsequently assigned
thereafter to Bank Midwest, N. A., a national banking association
on October 31, 1995 as recorded in O. R. 9155, Page 612, of the
Public Records of Pinellas County, Florida.
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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
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 CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon.
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WITNE -
:5~A~UmJ
Witness' Printed Signature
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A B R PLYMOUTH PLAZA, LTD.,
a ida Limited Partnership
its
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WITNE S
al?7;:?YtA. Sf) le,..sE:
Witness' Printed Signature
Sworn to and subscribed to before me this
A. D 'J 1996.
'-;10#day of ~
[~perSOnallY Known
[ ] Produced Identification
Type of Identification Produced
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EXHIBIT "An
[LEGAL DESCRIPTION: PLYMOUTH PLAZA]
A tract of land lying in Section 30, Township 28 South, Range 16 East, Clearwater,
Pinellas County, Florida, and being more particularly described as follows:
COMMENCE at the center of said Section 30; thence S. 00012'15" E., for 50.00 feet,
along the centerline of U. S. Highway 19; thence N. 89055'13" W., for 100.00 feet, to
the intersection of the South right-of-way line of S. R. 580, and the West right-of-way line
of U. S. 19 (a 200 foot right-of-way); thence along said right-of-way the following three
(3) courses: 1) S. 00012' 15" E., for 150.49 feet, to a point of curvature of a curve
concave to the Northeast; 2) thence southeasterly along the arc of said curve having a
radius of 2964.93 feet, central angle of 21050'27", an arc length of 1130.21 feet, and a
chord bearing S. 11007'28" E, for 1123.38 feet to the POINT OF BEGINNING; 3) thence
continue southeasterly along the arc of said curve having a radius of 2964.93 feet, central
angle of 04059'40", an arc length of 258.46 feet, and a chord bearing S. 24032'32" E.,
for 258.37 feet; thence, leaving said right-of-way line, S. 53051 '47" W., for 93.06 feet;
thence N. 36008'28" W., for 111.50 feet; thence S. 53051 '32" W., for 229.00 feet;
thence N. 36008'28" W., for 18.50 feet; thence S. 53051'32" W., for 201.65 feet;
thence N. 36008'28" W., for 160.00 feet; thence S. 53051'32" W., for 210.82 feet, to a
point on the easterly right-of-way line of Enterprise Road; thence along said right-of-way
line the following three (3) courses: 1) N. 55019'05" W., for 307.28 feet, to the point of
curvature of a curve concave to the Northeast; 2) thence northwesterly along the arc of
said curve having a radius of 270.00 feet, central angle of 45019'50", an arc length of
213.62 feet, and a chord bearing N. 32039'10" W., for 208.09 feet to the point of
compound curvature of a curve concave to the Northeast; 3) thence northwesterly along
the arc of said curve having a radius of 835.00 feet, a central angle of 00024'40", an arc
length of 5.00 feet and a chord bearing N. 09046'55" W., for 5.99 feet to a point on the
South line of the plat of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76, of
the Public Records of Pinellas County, Florida; thence along the southerly and easterly line!:
of said plat the following two (2) courses; 1) S. 89055'13" E., for 6.87 feet; 2) thence N.
0000~47~ E., for 167.02; thence, leaving said plat, S. 89055'13" E., for 220.00 feet;
thence S. 00004'47" W., for 135.00 feet; thence S. 29055'13" E., for 568.72 feet;
thence N. 00004'47" E., for 10.00 feet; thence S. 36056'12" E., for 70.43 feet to the
point of curvature of a curve concave to the Northwest; thence northeasterly along the arc
of said curve, having a radius of 47.75 feet, a central angle of 3801 3' 11 .., an arc length
of 31.85 feet and a chord bearing N. 77038'48" E., for 31.26 feet to a point of tangency;
thence N. 58032'12" E., for 121.19 feet to the point of curvature of a curve concave to
the Southeast; thence northeasterly along the arc of said curve having a radius of 187.16
feet, central angle of 09005'08", an arc length of 29.68 feet, and a chord bearing N.
63004'46" E., for 29.65 feet to a point of tangency; thence N. 67037'20" E., for 26.65
feet to the Point-of- Beginning.
LESS that part thereof as described in Order of Taking recorded in O.R. Book 6656, Page
889 of the Public Records of Pinellas County, Florida.
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Golf Course
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEP ARll.1ENT
DRAIN BY
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CHEDCEO BY
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DESIGNED BY
N A
MB PARCEL 34 01
SKETCH
1 or 1