SUN WEST PALMS DEVELOPMENT LLC
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Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200636115909/29/2006 at 01:35 PM
OFF REC BK: 15393 PG: 1096-1099
DocType:EAS RECORDING: $35.50
RE: Parcel No. 08-29-15-17640-000-0010
SIDEWALK EASEMENT
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,
SUN WEST PALMS DEVELOPMENT, LLC, a Florida Limited Liability Company
100 Bayside Drive, Clearwater, Fl. 33767-2501
(herein, "Grantor") does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation and the public in
general (herein, "Grantee"), a 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:
The South six feet (6'), as depicted in EXHIBIT "A" appended
hereto, of Lot 1, COLUMBIA SUBDIVISION NO.5, according to
the map or plat thereof as recorded in Plat Book 31, at Page 16,
of the Public Records of Pinellas County, Florida.
This easement is granted for installation and maintenance of a public
sidewalk.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon such
sidewalk and to inspect and alter same from time to time.
Grci:ntor 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.
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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.
I IN WITNESS WHEREOF, the underSigne~d rantor has caused these presents
to be duly executed this ;5{ (( day of --'~ ' 2006.
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Signed, sealed and delivered
in t e presence of:
SUN WEST P LMS DEVELOPMENT, LLC,
a Florida Li Ited U(Z: c::~
By: '
Scott O. Barrows, Manager
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
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~ The foregoing instrument was. acknowledged before me this d r day of
L~ , 2006 by Scott O. Barrows, as Manager of SUN WEST
PA~ S DEVELOPMENT, LLC, a Flonda limited liability company, whom, being
duly authorized, executed the foregoing instrument on behalf of said limited
liability company and who acknowledged the execution thereof to be his free act
and deed for the uses a d rposes therein expressed.
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Type/Print ame
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[I] . Produced Identification
Type of Identification Produced
NOTNlYPUB\IC Beverly N. Larson
~ Commission # DD565614
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EXHIBIT "A"
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6' Sidewalk
Easement
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL SKETCH
_.... 6' SIDEWALK EASEMENT
E. BARRETT S. 6' LOT 1
DAtE !ECT- TW!ilP-RNO
9/26/2006 COLUMBIA SUBDIVISION NO. 5 B-29S-1SE
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LGl2006 04
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276A
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CO_NSENT & JOINDER
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The undersigned being owner and holder of an equitable Interest In the real property described
herein by virtue of that certain mortgage lien dated October 29, 2004 and recorded November 1, 2004
at O. R. Book 13916, Page 2210, Public Records of Plnellas County, Florida, and modified by Mortgage
Modification Agreement with Future Advance recorded June 22, 2005 in O. R. Book 14398, Page 2621,
as amended by that Mortgage Modification and Receipt for Future Advance dated August 8, 2006 as
recorded In O. R. Book 15295, Page 2663, all in the public records of Plnellas County, Florida; by and
between Grantor/Mortgagor and the undersigned Whitney National Bank, does hereby join with
Grantor/Mortgagor a consents to the rant of easement as described In that certain Sidewalk
Easement dated 2006 as conveyed to the City of Clearwater, Florida;
over, under and across portion of Lot 1, COLUMBIA SUBDIVISION NO.5, according to the map or
plat thereof as recorded in Plat Book 31, Page 16, of the Public Records of Pinellas County, 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 a.s
conveyed by Grantor/Mortgagor.
Signed, sealed and delivered
In the presence of:
WHITNEY NATIONAL BANK, a national bank
organized and existing under the laws of the
united States of Am.tica
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STATE OF FLORIDA
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U:\Easements\SUN WEST PALMS CONSENT & JOINDER 100e.cIoo
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II AFFIDAVIT OF NO LlEN~ II
STATE OF FLORIDA
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COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Scott O. Barrows,
as Manager of SUN WEST PALMS DEVELOPMENT, LLC, a Florida limited liability
company, whom, being first duly sworn, does depose and say:
1. That said limited liability company is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
Lot 1, COLUMBIA SUBDIVISION NO.5, according to the map or plat
thereof as recorded in Plat Book 31, at Page 16, of the 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 same
shall be fully paid during the normal course of business, except: (If no entry, it will be
deemed Affiant has entered "NONE")
That there are no liens or encumbrances of any nature, other than easements and
restrictions of record, affecting the title of the property hereinabove described, except:
That certain Mortgage dated October 29, 2004 and recorded on November 1,
2004 at O. R. Book 13916, Page 2210, Public Records of Pinellas County,
Florida, and modified by Mortgage Modification Agreement with Future Advance
recorded on June 22, 2005 in O. R. Book 14398, Page 2621, as amended by
that Mortgage Modification and Receipt for Future Advance dated August 8,
2006 as recorded in O. R. Book 15295, Page 2663, all in 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 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 are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
SUN WEST PALMS DEVELOPMENT, LLC.,
a Florid imited liability company
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By:
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Sworn to and subscribed to before me this
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NtlARYPU8l~ Beverly N. Larson
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