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K B INVESTMENT HOLDINGS, LTD KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006050896 02/10/2006 at 08:06 AM OFF REC BK: 14924 PG: 1064-1069 DocType:EAS RECORDING: $52.50 D DOC STAMP: $0.70 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. 17-29-16-59392-001-0010 FIRE HYDRANT & UTILITY EASEMENT 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, K B INVESTMENT HOLDINGS, L TD, a Florida limited partnership 2226 S. R. 580, Clearwater, Florida 33763-1126 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), non-exclusive easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of Lot 1, Block 1, J. J. MUGGS SUBDIVISION, Plat Book 91, Page 40, Public Records of Pinellas County, Florida, as more particularly described and depicted in Pages 1 and 2, KEY WEST GRILL REDEVELOPMENT UTILITY EASEMENT appended hereto and 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 a fire hydrant, potable and irrigation water lines and all related utilities (the "facilities"). Grantee shall have full authority to inspect and alter all facilities from time to time within said easement premises. In the time- to-time 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. It is expressly understood that Grantor reserves unto itself all rights of olivnership of the easement premises not inconsistent with the easement rights granted herein. U:\Easements\K B INVEST FIRE HYDRANT & UTIL EAS.I02605.doc 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 70#+1. day of November, 2005. Signed, sealed and delivered in the presence of: 1~~i~~:~~~eE~~i:O~:~;S' ~:::~na /~ t/ /. " ./' .'. ....-.......".-.---A.../ By:' hl:-'" I , Robe~chmidt. Jr.. its General/Partner ~(1.~orn Wlli S signature ~ A. H~So^ rjt tness Na~~ . ~~~ i f4~' WITNESS signature '~e&/')M L E-+(f~ 'iL Print Witness Name /" .' /"'./'/ .t?/ STATE OF FLORIDA ss COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this r;"'- day of November. 2005 by Robert E. Schmidt. Jr., as General Partner of K B INVESTMENT HOLDINGS, L TO" a Florida limited partnership, who executed the foregoing instrument on behalf of said general partnership. and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, ~ (l. Lf./ONU~un Not ry ubhc - State of FlOrida ~ A. HO/nSOfl Type/ Int Name [.)(] Personally Known [ ] Produced Identification Type of Identification Produced My ~"",M18~~)2 Expires: ~""o.'{ ~. HAR,(?l:ll~ *' ~~ ....... UQ ~ ~ ~ ..~~~\SS'ON ;.... ~ ~ ~ .'""r:::l" e 2 ~ ""-/;0'. ~ .:::0 ..~ ~~ ,<,Oa ~ e. ~ :- :~ 'S ~ ~~ : =*: .... :*= - . . - S ~ \ tOO 306809 ! i:f i :::'~'4; t!'~~ ~~"::~~d\\l~~~..CS ~ ~;t-A""lIOIjC~."~<<~~ ~111~8Lic 'ST~1~ a",~ """j" "1\""" II CONSENT & JOINDER II The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain mortgage lien described in the Amended and Restated Mortgage, and other instruments of security dated February 23, 2005 given by K. B. INVESTMENT HOLDINGS, LTD., a Florida limited partnership, the herein described Grantor, as recorded in Official Records Book 14153, Pages 1876-1886, Public Records of Pinellas County, Florida, does hereby join with Grantor and consents to the grant of easement as described in that certain Fire Hydrant and Utility Easement dated November 7~ , 2005 as conveyed to the City of Clearwater, Florida; and hereby subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instrument, and all other instruments of security as described therein, to the easement rights as conveyed by Grantor. Signed, sealed and delivered In the presence of: AMCORE BANK, NA, organized and existing under laws of the United States of America By: .~~r Print Name G,~+c.h<.n 0v'f"llevc.n Title v.iC~ ?rt..~!c\U\....t ~f~lLmr prinWit Witn~s signa~re CICJ.r/c. k^slhM.~..!~ Print Witness name . STATE OF FLORIDA : ss COUNTY OF HILLSBOROUGH b The forego~ng instrument was acknowl~dged ~efore me this ~ day of November, 2005 by (I~{\~.f IiI 0 v \ Iv\. \,f v' >v, , as \/1 (.e (jl" \t\J! v\.+ of AMCORE BANK, NA, organized and existing under laws of the United States of America, mortgagee in the above-described lien, who executed said instrument and acknowledged the execution thereof to be h__ free act and deed for the uses and purposes therein expressed, and who IX) is personally known to me or who [ ] did provide ~. (---J / -- ,- _.~" " ~ l~.- '-~,. 'Jc/v<~ N ta ~ublic - Sta of (Ul SC6Yljl G'- U\C -YL . ~ ~)PCI.. '\ Type/Print Name My Commission Expires: 01 1<-2/ 2607 PATRICIA PAPPAS NOTARY PUBLIC STATE Q':''''ONSIN i-- I ,. ..... , "1- N89'46'~ 10.00' I ~ :::l: w (I) < w a::: ~ o~ 0..< <...J 00.. ->- gjm ii b ~ SECTION 17 TOWNSHIP. 29 S, RANGE. 16 E PROJECT NUMBER 01-3221 o II - ..... " z ~ (I) x w J.EGEWl BNDY = BOUNDARY COR = CORNER OR = OFFICIAL RECORDS BOOI< PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COt.tt.tENCDAENT R/W = RIGHT-OF-WAY SR = STATE ROAD US = UNITED STATES . - 10 5 0 . 0 0 ,..: I I I R CD . 1.&1 S ~ ~ 0 ..... ~ ~ S ~ LOT 1, z BLOCK 1, 10.00' J.J. MUGGS SUBDIVISION ~ PB 91, PG 40 0 ...J W z :J ~ (I) ~ N89-48'01-E 5.00' S ..; ~ ~8 ~etS ~ 15.00' S89-48'01-W 15.00' NORTH R/W LINE STATE ROAD 60 SR 60 GULF TO BAY BOULEVARD NOT A SURVEY SHEET 1 OF 2 SKETCH & DESCRIPTION DATE 11/04/05 KEY WEST GRILL REDEVELOPMENT UllUTY EASEMENT POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2915 5.R. 590, SUITE 17 CLEARWA TER, FLORIDA 3J759 (727) 669 0522 H: \IN\3221 \dwg\3221 sd3.dwg .- ., DESCRIPTION SECTION 17, TOWNSHIP. 29 S, RANGE. 16 E PROJECT NUMBER 01-3221 THAT PORTION OF LOT 1, BLOCK 1, J.J. MUGGS SUBDIVISION, PLAT BOOK 91, PAGE 40, PUBLIC RECORDS PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WEST LINE OF SAID LOT 1, N 01"04'04" E, 70.01 FEET; THENCE ALONG A LINE 70.00 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 60 (A 120 FOOT RIGHT-OF-WAY), N 89"46'01" E, 10.00 FEET; THENCE ALONG A LINE 10.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF LOT 1, S 01"04'04" W, 67.01 FEET; THENCE ALONG A LINE 3.00 FEET NORTH OF AND PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE STATE ROAD 60, N 89"46'01" E, 5.00 FEET; THENCE ALONG A LINE 15.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF LOT 1, S 01"04'04" W, 3.00 FEET TO SAID NORTH RIGHT-OF-WAY LINE STATE ROAD 60; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S 89"46'01" W, 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 715 SQUARE FEET, MORE OR LESS NOTES 1. BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 60, SAID LINE BEING ASSUMED AS S 89"46'01 "W. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORI TATUTES NOT A SURVEY SHEET 2 OF 2 SKETCH & DESCRIPTION DATE 11/04/05 KEY WEST GRILL REDEVELOPMENT UTlUTY EASEMENT POI.ARI8 ASSOCIA TE:S INC. PROFESSIONAL SURVE:YlNG LB 6113 2915 5.R. 590, SUITE: 17 CLEARWA TE:R, FLORIDA 33759 (727 669-0522 H: \IN\3221 \dwg\3221 sd3.dwg II CONSENT & JOINDER II FLORIDA POWER CORPORATION, a Florida corporation, d/b/a PROGRESS ENERGY FLORIDA, INC. ("FPC"), owner and holder of an equitable interest in the real property described herein by virtue of that certain easement dedication described in the plat of J. J. MUGGS SUBDIVISION as recorded in Plat Book 91, Page 40 of the public records of Pinellas County, Florida, does hereby join with K. B. INVESTMENT HOLDINGS, LTD. ("Grantor") and consents to the grant of easement conveyed in the herein described Fire Hydrant and Utility Easement to the City of Clearwater, Florida ("Grantee"); provided always and in every instance that Grantee shall be responsible for and indemnify FPC for any damages sustained by FPC as a result of Grantee's exercise of said easement rights; however, nothing herein shall be construed as a waiver of sovereign immunity enjoyed by Grantee as provided in Florida Statutes 768.28, as amended from time to time, or any other law providing limitation on claims./.~ A..~t:'I' 'Sf.iJ,--::' Signed, sealed and delivered ~~~"""U:iiAU:;~f'"i. /,:y:;\ FLORIDA POWER CORPORATION, a Florida In the presence of: /fJ 1.r"PRij\lW (~'! corporation, d/b/a PROGRESS ENERGY \~. !lU I ).JJ.~.2_ ~/ FLORIDA, INC. \~~7 ~ ~ ?L By: ~ -. J~ Print Name Billy Raley --- Title Vice President, North Central Region ne.ss signature . ..d.J:> t U7~. --,:b~ Print Witness name : 55 of My Commission Expires: r......................... : _'-"""""" LOR..E..rr...A.................... : g~u ,~ MURRAY : f. . Commission" 000184086 ~ ~ Expne 2/13/2007 : 8ancted !hrough : fIIMGj-.., FbIde Nota : ...................~~~~;~.'~~;..: '- II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Robert E. Schmidt, Jr., the general partner in KB INVESTMENT HOLDINGS, L TO, 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 J; J. MUGGS SUBDIVISION, Block 1, Lot 1, according to the map of plat thereof as recorded in Plat Book 91, Page 40, Public Records of Pinellas County, Florida 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, other than those that will be paid during the normal course of business, except: (if none, enter "NONE") N~O~ 4. That other than easements and restrictions of record, there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain Amended and Restated Mortgage and other instruments of security dated February 23, 2005 given in favor of AMCORE BANK, NA, organized and existing under the laws of the United States of America, as recorded in Official Records Book 114153 Pages 1876 - 1886 of the Public Records of Pinellas County, Florida. 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 are no outstanding sewer service charges or assessments payable to any government. ~, I '.~ ,_ Page 2 - Affidavit of No Liens K B INVESTMENT HOLDINGS, LTD. RE: J. J. MUGGS SUB., Blk. 1, Lot 1 7. That the representations embraced herein are for the purpose of inducing the OF CLEARWATER, FLORIDA, its agents, successors and aSSignsJO~ thereonl 4 _.........-- ,.... ,.,."",,,_,,,cc::P? ~fi 11. Cf1rv7/1/ 1>.0'?1 ./ /' /~::::: ~ wrr E Signature, l?'i.~.,/~:d..m._"..__.__._. .' ,.' .' 1Y1o~ A. H(U'f)SO A Robert E. Schmidt, J.~, /' W N S Pnnted Name Its General part/,/ 1--- ,~i Sworn to and subscribed to before me this ~ day of November, 2005. lFrlt1/lJ,+ fl. ~/) I~ Notary JDUblic - State of Florida ~ A. Ha-rn5o.f\ Pnntll' pe Name \~IIII"~ ~""~WKaR ~sion Expires ~..~~ ....... Q ~ ~ ~':..~\l-\SSJON;-i;..~ ~ ~ .. c..<:) ;I,~e2,2Oa ~" ~ .: :s ''S ~ .<8>\ ~ ~*: ..... :*E - . . - ~~~ #DD306809 i~i , ~.. AJ ~ .r;s~ ~ -t; .-'I>~ %nded\\l~ '~.' cr-;::: ~ ~)-".rpUbljc~e~~.' ~'V~ ~",,o1.l8t.....~c<< # '1111111/,9; f f~ f-,\\""~