FULVIO DIVELLO
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
KEN BURKE, CLERK OF C~~RT
PINELLAS COU~~ ~~~006 at 09:37 AM
INST# 200'152 G' 2654-2657
OFFTREC.~s: 1R5:~O:DING: $35.50
Doc ype.~
,-----------------~----------------------~~'
RE: Parcel No. 08-29-15-17640-000-0040
II TRAFFIC SIGNAL & UTILITY EASEMENT II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid,
the receipt of which is hereby acknowledged, and the benefits to be derived
therefrom,
Fulvio DiVello, as Trustee of the DiVello Land Trust
dated August 10, 2004, as amended and restated July 1, 2005
400 Island Way #703, Clearwater, FI. 33767
("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 portion of Lot 11, of COLUMBIA SUBDIVISION NO.5, as recorded
in Plat Book 31, Page 16, Public Records of Pinellas County, Florida,
being more specifically described and depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof.
Containing 149 square feet, more or less (the "Easement Area").
This easement is granted for installation and maintenance of one Florida
Department of Transportation approved Traffic Signal, including base, pole, mast
arm and related utility connections (collectively, "Traffic Signal").
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon such
Traffic Signal and to inspect and alter same from time to time. In the exercise of
rights granted herein Grantee shall in every instance restore all physical impacts
to the Easement Area and any adjacent property owned by the Grantor to equal
or better condition as existed prior to the exercise of such rights.
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Grantor warrants and covenants with Grantee that it is the owner of the fee
simple title to the herein described Easement Area and that Grantor has full right
and lawful authority to grant and convey this easement to Grantee. It is expressly
understood that Grantor reserves unto itself all rights of ownership of the
Easement Area 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 Area by Grantee.
IN WITNESS WHEREOf,J)jl"e undersigned grantor.has caused these presents to
be duly executed this /~'--day of =-=JPD ,2006. .
The DiVello Land Trust dated
August 10, 2004, as amended
and restated July 1, 2005
By: ("tt~,I0;~cv hi' ~2j9->
Fulvio DiVello, Trustee
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
J ~..~e foregoing instrument was acknowledged before me this ~ of
5t::10 , 2006 by Fulvio DiVello, Trustee of the DiVello Land Trust
dated August 10, 2004, as amended and restated July 1, 2005, whom, being
duly authorized, executed the foregoing instrument on behalf of said trust, and
who acknowledged the execution thereof to be his free act and deed for the uses
and pu~ oses the~' express
, -~"_.-.
My Commission Expires:
CN Personally Known
[ ] Produced Identification
Type of Identification Produced
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II
CONSENT & JOINDER
II
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of that certain mortgage lien as described in that Second Amended and Restated
Mortgage and Security Agreement dated November 10, 2005, as recorded in Official Records Book
14742, Pages 243 - 275, and that Mortgage and Security Agreement of even date as recorded in
Official Records Book 14742, Pages 284 - 315, all in the public records of Pinellas County, Florida; by
and between Grantor/Mortgagor and Fifth Third Bank, a Michigan banking corporation, Mortgagee,
does hereby join with Grantor/Mortgagor and consent~ to the grant of easement as described in that
certain Traffic Signal and Utility Easement dated Peku19fl. y 11/ , 2006 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 instruments and all other instruments of security as described therein to the
easement rights as conveyed by Grantor/Mortgagor.
Signed, sealed and delivered
In the presence of:
FIFTH THIRD BANK, a Michigan corporation
authorized to conduct business in the State
of Florida, successor by merger with First
National Bank of Florida, a Florida banking
corporation
By~.;rd&'L ;J
~rint Nflme, l <-h*'1-..e L. (]Y.)-tl/ff,
Title Vtc< f KR~'/:"~
(CJ;;" ,,:"J.
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. .' '" I \I\.."<..cS-t.'.t2 ~C 1....."
V\titness signature ,. ,
LL (Uhf{ "-'f } ~t ~~ Y' t. ((s
~.,essn~."e...
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'Nitness,signatur~ ~
VICp ~A-It, .J"l
Print Witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The f9regoi~g instru8:en~ w.~s acknowledged before me this, rlflaay of '-k-')lU(lJ~( ,
2006 by{: I (I J I (t rei J {{ I { I 11f'J../\_ ,as \i-{/ '. of
FIFTH THIRD BANK, a Michigan corporation authorized to conduct business in the State of Florida,
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 V'l. is_
~~!lJQ..Ble or who [ ] did provide
~tification.
~~~~~-~~_'LV
N9tary ~UbliC, - State_ of . J ( (\~' {r((1
c(1 L I II LA '--I f lL j f ) ( (~
Type/Print Name
Expires:
....'om'~.:.\!;.'.~::~;',. ANITRA MERRICKS
!~' . to\ Notary Public - State of Florida
r · . ~ Commission Expires Aug 17,
..~ (1,$ CommIssion " DO 46.....5
~11:IOf:f\.~".... tP ~
.......... Bonded B Nalionll AIIIl.
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& JOINDER 100505.doc
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SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
TRAFFIC SIGNAL EASEMENT
CURVE C1
R=2.50'
L=4.14'
6=94'57'59"
C=.3.69'
CB=S28'52'09"E
~rJ
Q
:::-/
CD
(5. /
LINE TABLE
LINE BEARING
L1 NS3'S4'SS"W
L2 N1S0S'02"E
L3 S76'21'OS"E
L4 SlS'36'Sl"W
LENGTH
19.90'
4.04'
16.72'
S.96'
~
&
~
~~
~
C'
~g
<:("
::r::
SOUTHWEST CORNER--..-/
OF LOT 11
THIS SKETCH IS NOT A SURVEY
o
I
10'
20'
,
GRAPHIC SCALE
SCALE: ," = 20'
--------
LOT 10
--------
72~O'(
. P)
~
LOT 11
COLUMBIA SUBDIVISION NO. 5
PB 31, PG 16
EASEMENT
149 SQU ARE FEET:t
POINT OF BEGINNING
t/
I
I
LEGEND
R = RADIUS
L = ARC LENGTH
b. = DELTA ANGLE
C = CHORD
CB = CHORD BEARING
R/W = RIGHT OF WAY
(P) = PLAT INFORMATION
PB PLA T BOOK
PG = PAGE
Q~,.('
l?~ 1t SOu
Jf/ <9. S~s. "- .q, (
". O"1~V <t S~, ~1 q.,f' O,.c-
At-?/\ Jf/ q <I, (0,.
v 6" 77
7 ~O "-
.~s'~
EXHIBIT" A" ~)
POINT OF COMMENCEMENT
SOU THEAST CORNER OF LOT '1
DESCRIPTION
THAT PART OF LOT 11 OF COLUMBIA SUBDIVISION NO. S, AS RECORDED IN PLAT BOOK .31, PAGE 16, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NS.3'S4'S8"W, ALONG THE SOU TH LINE OF SAID
LOT 11, A DISTANCE OF 110.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NS.3'S4'S8"W, ALONG SAID
SOUTH LINE, 18.90 FEET TO THE SOUTHWEST CORNER OF SAiD LOT 11; THENCE N1.3'OS'02"E, ALONG THE WEST
LINE OF LOT 11, A DISTANCE OF 4.04 FEET; THENCE S76'21'08"E, 16.72 FEET TO A POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2.50 FEET AND A CENTRAL ANGLE OF 94'S7'S9"; THENCE
SOUTHEASTERLY 4.14 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY; THENCE S18'36'S'''W,
8.96 FEET TO THE POINT OF BEGINNING.
SUBJECT PARCEL CONTAINING 149 SQUARE FEET, MORE OR LESS.
GENERAL NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT
THE SIGNA TURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. THE SKETCH SHOWN HEREON IS FOR GRAPHIC
REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY
SURVEY.
3. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH
THE PREPARATION OF THIS DRAWING.
4. LEGAL DESCRIPTION PREPARED BY PBS&J, LB 24.
5. THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM, WEST ZONE, 1983/1990
ADJUSTMENT DERIVING A BEARING OF N53'54 '58'W ON THE
SOUTH LINE OF LOT 1 ,.
L: \Su rvey\ 0402 6Beachwalk \ dwg \Ea sement - Signa IMa st. dwg
PBSJ
Engineers, Planners c!c Surveyors
5300 West Cypress Street, Suite
200 Tampa, Florida 33607-1784
Ph (Sin) ?SI?_7?7'i
C'UCCT 1 1'\["' 1
PO.\T RllOOf.Y ~r.mm It Jl:RNlr.AN 1Nr.
CERTIFICATION:
I HEREBY CERTIFY THA T THIS SKETCH AND DESCRIPTION MEETS THE
MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6,
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027,
FLORIDA STATUTES.
THIS SKETCH AND LEGAL DESCRIPTION NOT VALID UNLESS IMPRINTED
WITH AN EMBOSSED SURVEYOR'S SEAL.
@ BSr!:tJ, Licensed Business 024
E. GOd';;; P1h~
f?egistered ~
Job No: 1003S9
Scale: 1" = 20'
Date 02-14-0S
f)rnwn Rv: n.IA
Rev:
Checkerl Rv: nur
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Fulvio
DiVello, Trustee of the DiVello Land Trust dated August 10, 2004, as amended
and restated July 1, 2005, whom, being first duly sworn, does depose and say:
1. That said land trust is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
A portion of Lot 11, of COLUMBIA SUBDIVISION NO.5, as recorded
in Plat Book 31, Page 16, Public Records of Pinellas County, Florida,
being more specifically described and depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof.
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, except as follows: Labor and materials contracted for in
connection with the improvement of the Property for that project known as
Dockside Condominiums, for which there may presently be unpaid labor
or materials, which will be paid for pursuant to the terms of the respective
contracts entered therefore, and pursuant to applicable law; and (if no
others, insert "NO OTHERS")
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:
Those certain mortgage liens as described in that Second Amended and
Restated Mortgage and Security Agreement dated November 10, 2005,
as recorded in Official Records Book 14742, Pages 243 - 275, and that
Mortgage and Security Agreement of even date as recorded in Official
Records Book 14742, Pages 284 - 315, all in the public records of
Pinellas County, Florida, between Grantor and Fifth Third Bank, a
Michigan banking corporation.
5. That no written notice has been received for any public hearing regarding
assessments for improvements by any government, and there are no
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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.
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 Traffic Signal and Utility
Easement to the City of Clearwater.
Signed, sealed and delivered
In the presence of:
The DiVello land Trust dated
August 10, 2004, as amended
and restated July 1, 2005.
By: ffAfJtfp ~/' 4~r
Fulvio DiVello, Trustee
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF PINEllAS :
~
.() J r,= foregoing instrument was acknowledged before me this ~ day of
~ ' 2006 by Fulvio DiVello, Trustee of The DiVello Land Trust
dated August 10, 2004, as amended and restated July 1, 2005, who executed
the foregoing instrument on behalf of said trust, and who acknowledged the
execution thereof to be his free act and deed for the uses and purposes therein
expre sed.
My Commission Expires:
--' -. J
,,~~-;r.~:'f.~!t:'.. MARY ZARVALAS
=~~;"A.' "~~ Hf CC\MM!SSION # DD 141426
ti.~~~~.~1 EXPIP,ES: .August l2, 20~
-:'<iOF\~'t,...... B\)nd.~~d Th,U !'~OlI.Hi Public Underwriters
-"11111' __.. _.~ ..__ "
b.6 Personally Known
1. ]produced Identification
Type of Identification Produced
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