DALTON CLEARWATER, LLC (3)
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater,H 33758-4748
KEN BURKE C
PINElLAS ' lERK OF COURT
INST# 200::'~~:TY FlORIDA
OFF REC BK: 1":;40~~12006 at 08:06 AM
DocType:EAS REC . 1088-1091
D DOC STAMP: $o.~:DING: $35.50
~---------------
------.-----------------~~---
-------------------------~/"
Parcel I. D. No. 17-29-15-05004-001-0010
It WATER MAIN & UTILITY EASEMENT I'
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of
which is hereby acknowledged, and the benefits to be derived therefrom, Dalton Clearwater, LLC, a Florida
limited liability company, 2840 West Bay Drive, Suite 135, Belleair Bluffs, Florida 33770-2620 ("Grantor") does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"),
a non-exclusive, limited purpose easement over, under and across the following described land lying and being
situate in the County of Pinellas, State of Florida, to wit:
AWATER MAIN AND UTILITIES EASEMENT to encumber a 1679 SQuare foot portion of Lots 1 and
2. Block A. BA YSIDE SUBDIVISION NO.5. accordinQ to the plat thereof as recorded in Plat Book 38. PaQes
38 & 39. Public Records of Pinellas County. Florida. as more specificallv described and depicted in
EXHIBIT "A" appended hereto and a part hereof ("Easement Premises")
This easement is for water main and utility installation and maintenance only. The CITY OF
CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install
and maintain therein water lines and facilities, and to inspect and alter such stormwater 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 OF CLEARWATER, FLORIDA 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 for Grantor and
the general public, and that it shall promptly restore the Easement Premises and any affected areas surrounding
the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the
same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. It is
expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with
the easement rights granted herein. Grantee further represents and warrants that it shall diligently pursue the
completion of all work related to this project and complete all matter in a timely manner.
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 the non-exclusive, limited purpose quiet and peaceful possession, use and
enjoyment of this easement.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or
occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
U:\Easemenls\DALTON CLW WM & U EAS 1205.doc
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the utility
constructed within the easement premises to facilitate further development or redevelopment of the property
encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon reasonable approval of
Grantee,
Page 2 - Water Main & Utility Easement
Grantc;>r: Dalton Clearwater, LLC
Grantee: City of Clearwater
RE: Lot 1, Blk. A, BAYSIDE SUB NO.5
shall provide an alternate easement for the constructed utility, and shall at its sole cost and expense reconstruct
the utility within the alternate easement. Upon completion of the utility relocation Grantee shall cause this
easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida.
Grantor shall hold harmless and indemnify Grantee if the Grantor's secured mortgagee, Wachovia Bank,
National Association, should fail to timely consent to and join with Grantor in conveyance of easement described
herein, and further subordinate its right, title and interest therein to said easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be non--exclusive, limited in purpose and irrevocable (subject to the termination provisions
provided for hereinabove) and shall run with the land, except by the written mutual agreement of both parties, or
by abandonment of the easement premises by Grantee.
,..A. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
?;;- day of /)Q.~^'t~A, . ,200~.
Signed, sealed and delivered
in the presence of:
;$~ f., .~~
W NESS signature
.J~ t-~ -z> ' (th,) ....../
Print Witness Name
~/~~ka-rU
WITN,ESS sigpat~e. tel '"
flfa..r,IQ.&- (I 1Ka.
Print Witness Name
DALTON CLEARWATER, LLC,
a Florida limited liability company
By: SIMDAG INVESTMENTS, LLC,
B~~"biHty COOlpany
Print na:. - b:&TIE - (YOl{5
Managing Member
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared ,
Managing Member of Sirndag Investments LLC, a Florida limited liability company, Managing Member of Dalton
Clearwater, LLC, a Florida limited liability company, who executed the foregoing instrument on the aforementioned
date, and who acknowledged the execution thereof to be his free act and deed for he use and purposes herein set
rorth. ~
c -'""L- \ < -
Notary'~IiC - State 0 Florida
A,- L- teN I.> . Co c...J ,4"/
Type/Print Name
MX commission expires:
,......-. "'.............-]
AUIN D. COINM .
_ .....IIDIIIIII.
. . .........
: i! ...............
: N PIDdda __ AIIII Ino
1..H.............................u....O.
C:\Documents and Settings\AL\Local Settings\Temporary Intemet Files\OLK87\DAL TON CLW WM U EAS 1205 12-21-
05.doc 2
i~!eE
o"l"e
0",=0'"
..,tl~",...
~~~~~
el.. -
-...
l:llw9";:
l'liie...
~~~,:
~=
n ...:::
'" 3
I
11m ~~eg~
ili>. ~;;. g.. ..
J ~fi tL1....... 0 .. ",0 .. ..
~ ~~ ~ 'P ~ " ... ~ ~
~ j~~ ~ g >< ~ ~ ~
. ~ II [ell> 3~
'"
~~~
~.I.t) ~~~~~
'J,\1;1:', ~ ~~~~
.. to. (f'I 'J,\'6.fIi ~ ~ ~ ~
'J,.~~~"to.(f\ ~~~~~
~5.'!J""~ ~~~
"',....',....'
~~~
~~
~~~~~~~
~.~,.
~~
~~~
~~~
~
'"
@~
~~
Ill",
~i:l
~~
\ ~~
tl"'<
~
." --.--
\-
\
\-.-'
~~
:;:;z:
..
p
:z0
0("')
-l("')
z~
P::l
@~
tr1:z
00
~-l
CI.l
"'I::l:;r:
>0
-l~
35.0'
!"
vo
~
...
"!
....
<;
!'"
r-~
3~
- :ti
1Ilr-
r-"'<
~!:;
~fti
~
2
l:
:0
vo
:.,
~
III
~
, ~ ~
!'" ~... ~
::ll '"
lla 0 ~
~ i~ ~ ~ n
,~~~:;;
,to; ~ ~
,!'II ""'i ~
::J' ~
'~.'-,
Q~:;;o?i;
~ooSHI
:b.~....;::jo
oiO:"O~
III~~~~
~ llllilijj
ill
I
I
I
I
I
Ig
'"
I~
I~
I
I
I
I
I
I
1 ~
i!I'" ~
I~ - ,;I!
;:; ~I ) ()
'",,,, V t""
~~ ~\ ~
~~-- <j
(ll"1Il~ <;
~3% ~
~~U> ~
l~i \ ~
>>0.
~~ \
~n 0
~~ ~
;8. \
'93
\
\
\
\~
\\
~
5!
ze~
~~=
~p
l"
~
~
~
l"I
~
<;!
OJ.
.0
0-1
)>1-'
OJ.
.0
0-1
)>N
'-.-'-
.-"-"
OJ.
.0
0-1
)>w
-'
--' --'
-'
OJ,
.0
0-1
)>~
-
-
-
-
-
OJ.
.0
0-1
)>U1
on....
~~
>0\
'"
n t.
~~~~
.. ~
..
.
EXHIBIT "A" Page 1 of 2
LEGAL DESCRIPTION
UTILITY EASEMENT
COMMENCE AT THE SOUTHWEST CORNER OF LOT 1, BLOCK A,
BAYSIDE SUBDIVISION NO.5 AS RECORDED IN PLAT BOOK 38, PAGE 38,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID CORNER ALSO
BEING THE POINT OF BEGINNING. mENCE N. 120 35' 18" E. ALONG THE
WESTERLY LINE OF SAID LOT 1, BLOCK A, BA YSIDE SUBDIVISION NO.5
A DISTANCE OF 20.00 FEET; THENCE S. 520 55' 31" E. A DISTANCE OF
147.10 FEET TO mE NORTHERLY RIGHT-OF-WAY LINE OF GULFVIEW
BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE BY A CURVE
TO THE RIGHT HAVING A RADIUS OF 674.16 FEET, CHORD BEARING OF
N. 600 23' 44" W., CHORD DISTANCE OF 140.00 FEET; RUN ALONG THE ARC
OF SAID CURVE 140.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 1679 SQ. FT. MORE OR LESS.
EXHIBIT "A"
PAGE20F2
PREPARED BY
L. R. PENNY AND ASSOC., INC.
DATE: 12-29-2005
f~
f,4
~. ~)
y ;I~
,..-'
.
I'~ ,
KEN BURKE C
PINELLAS COU~~K OF COURT
INST# 2006050900 FLORIDA
OFF REC BK: 149240~12006 at 08:06 AM
DocType:EAS RECORD' 1092-1093
ING: $18.50
tn
~
E-t
H
r:ll:l
-<
~
~
~
-<
~
o
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 333758-4748
-- ---
----------------.-----------.~_/
RE: Parcel No. 17-29-15-05004-001-0010
II CONSENT TO EASEMENT & SUBORDINATION OF INTEREST II
E-t
l2; THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
~
tn interest in the following described premises:
l2;
o */.and Lot 2
u Lot 1, Block A, BAYSIDE SUBDIVISION NO.5, according to the map or plat
thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records of Pinellas
County, Florida,
=
E-t
H
~
Q said lien being evidenced by that certain Mortgage and Security Agreement and other instruments of security
~ dated March 15, 2004 given by DALTON CLEARWATER, LLC, a Florida limited liability company
u ("Mortgagor") in favor of WACHOVIA BANK, a national banking association organized and existing under the
: laws of the United States of America ("Mortgagee"), as recorded in Official Records Book 13436, Pages 1585
~ - 1608, Public Records of Pinellas County, Florida, and that certain Second Mortgage and Security
u Agreement and other instruments of security dated November 15, 2004, as recorded in Official Records
r:ll:l Book 13967, Pages 1181 - 1191, Public Records of Pinellas County, Florida, also given in favor of said
~ Mortgagee, does hereby consent to and joins in the grant and encumbrance of that certain Water Main &
r:ll:l Utility Easement over and acro~s said real property as depicted in EXHIBIT "A" appended hereto, said
~ easement being dated the ~ day of ])/Zcem bell. , 2005 given by Mortgagor to the CITY
:3 OF CLEARWATER, FLORIDA, a Florida Municipal Corporation. Mortgagee does hereby further subordinate
l2; its above described lien interest and all of the right, title, interest and claim thereunto accruing in said
: premises to said easement grant and the drainage utilities to be constructed therein.
a u.... IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this ~ day
: o'fJ~. 72Q06.~y,
Signed, sealed and delivered
in the presence of:
~~~
(( . r
WACHOVIA BANK, NATIONAL ASSOCIATION
/U~
Print name Ie 411 A
Lif
By:
d
J11o~
d. Mou~
Title
~ESS signature
" In L. Y6m
Print WITNESS name
C:\temp\notesA6A1AA\DALTON CLW LLC WM & UTIL SUBORD 1205 1-3-06.doc
~
" "
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: Lot 1, Blk. A, BAYSIDE SUB NO.5
Grantor: Dalton Clearwater, LLC
Grantee: City of Clearwater, FI.
County of Hillsborough
: ss
State of Florida :
BE~,oRE ME, the undersigned authority, personally appeared K'a:f-lD-- ~ , rn~, as
\J I . of Wachovia Bank, National Association, whom, being duly authorized,
executed the foregoing instrument on behalf of said bank, who acknowledged the execution thereof to be
h_ free act and deed for the uses and purposes described therein, and who [ ] is personally known to me
or who [ ] did provide k.n~ as identification.
~~~,~
. at>\\) L. '1orner ,Notary Public
Print Name
My Commission Expires:
C:\temp\notesA6A1AA\DALTON CLW LLC WM & UTIL SUBORD 1205 1-3-06.doc
'"
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
tn
~
H
E-I
I:lll
-<
~
~
~
-<
~
o
E-I
~
~
tn
~
o
to)
=
E-I
H
i3
~
~
E-I
to)
~
I:lll
I:lll
o
to)
I:lll
o
I:lll
I:lll
~
I:lll
~
~
~
l>
H
I:lll
to)
tn
-Ie
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
k 0 ~~a.. T E. LyoNS , Managing Member of Simdag
Investments, LLC, a Florida -limited liability company, Managing Member of
Dalton Clearwater, lLC, a Florida limited liability company, whom, being first duly
sworn, does depose and say:
1.
That Dalton Clearwater, LLC is the owner of legal and equitable title to the
following described property in .pinellas County, Florida, to wit:
* and Lot 2
Lot 1 ( Block A, BA YSIDE SUB NO.5, according to the map or plat
thereof as recorded in Plat Book 38, Pages 38 & 39, Public Records
of Pinellas County, Florida.
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")
N01\1f=:"
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:
The encumbrance, lien and obligations imposed by that certain Mortgage
& Security Agreement dated March 15, 2004 given in favor of Wachovia
Bank, National Association (hereafter, 'Wachovia") as recorded in O. R.
Book 13436, Pages 1585 - 1608, Public Records of Pinellas County,
Florida, and that Second Mortgage & Security Agreement dated
November 15, 2004 also given in favor of Wachovia, as recorded in O. R.
Book 13967, Pages 1181 - 1191, 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
AFF: Dalton CIw LLC 1205.doc
Page 1 of 2
~,~
...
1'-";'-'.
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.
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 water main and utility
easement to encumber the above-described property.
Signed, sealed and delivered
In the presence of:
vA~ ';) f;;u---
WI NESS signature
At-I ~N 'b. eov..J~
Print Witness Name
DALTON CLEARWATER, LLC,
a Florida limited liability company
By: SIMDAG INVESTMENTS, LLC.
a Florida limited liability company
~/~
WITNESS signature ~
N^t'; I fl.(/... P ,:",- Wlc::t..N
Print Witness Name
~~
By: ", ...
Print Name ~ Ly01.S
Managing Member
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ddtJJ day of
~~ ,200lby trfJ/Aoz,,-- e. L(,/'~^-, <;; , Managing
Member of Simdag Investments, LLC, a Florida limited liability company,
Managing Member of Dalton Clearwater, LLC, a Florida limited liability company,
who executed the foregoing instrument on behalf of said entity, and who
acknowledged the execution thereof to be his free act and deed for the uses and
purposes therein expressed.
My Commission Expires:
-------
Nota Public - State 0 Florida
I4l1cV) D ~ Wet,..}
Type/Print Name
rf1 Personally Known
[ ] Produced Identification
Type of Identification Produced
/.---
ALLIH~AN""'......!
_ c......~:
i' . .... '1tIt_ E
: ....._~:
a...."_..........~~~ Iflo ;
............,
AFF: Dalton Clw LLC 1205.doc
Page 2 of2