CANTERBURY OAKS OF CLEARWATER LLC AND CANTERBURY OAKS OFFICE PARK CONDOMINIUM ASSOCIATION INC
l~etlJrn to.
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
~~~.BURKE, CLERK OF COUR
t'INI:LLAS COUNTY FLORiDA T
~~S/:E~~6K4~5124 11/21/2006 at 08;58 AM
n__"':.:_:.",^ ' 15488 PG: 1006-1009
LlV\.. J ypc.J...~S RECOR~D:NG: $35.50
----._~------
SANITARY 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, CANTERBURY
OAKS OF CLEARWATER, L.L.C., a Florida limited liability company, joined by CANTERBURY
OAKS OFFICE PARK CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation,
both having their principal place of business at 203 North Armenia Avenue, Tampa, Florida 33609,
(collectively, "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:
DESCRIPTION: A Sanitary Easement over, across and under the west fifteen
feet (15') of CANTERBURY OAKS OFFICE PARK CONDOMINIUM, as recorded in
Condominium Plat Book 139, Page 70, being a replat of Lots 13 through 24,
MIDWAY, Plat Book 13, Page 4, all in the public records of Pinellas county,
Florida, lying and being situate in Section 13, Township 29 South, Range 15
East, Pinellas County, Florida, the same being depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises to construct and install a subterranean sanitary sewer line, and to maintain, inspect and alter
said sanitary sewer line from time to time.
Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple title to
the premises in which the above-described Easement Area is iocated; (b) 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 ownership of the
easement premises not inconsistent with the easement rights granted herein.
AI covenants, terms, provisions and conditions herein contained shall run with the land, and shall
inure and extend to, and be obligatory upon, the successors and assigns of the respective parties
hE!reto.
. IN WITNESS WHE.REOF, .the Gr~nto7r, h~caused this ea~ent)o ~ executed by its lawfully
appOinted and duly authorized officers this 'Y day of c.....:--c Eo6e r--" ,2006.
U:\Easements\CANTEBURY OAKS SAN EASE 1006.doc 1
RE: Sanitary Easement
Canterbury Oaks Office Park Condominium
Signed, sealed and delivered
in the presence of:
By:
CANTERBURY OAKS OF CLEARWATER,
L. L. C., a Florida limited liability company
/7,1/, ?_ /7
!/1,-~. ' -t" I(/~
fred J. uervo, Managing Member
ESS
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<~]pPrinted Sign~
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Witness' Printed Signature
::r,.
By:
CANTERBURY OAKS OFFICE PARK
CONDOMINIUM ASSOCIATiON, INC., a
Florida not for profit corporation
. ..1
f?'f/j. ~~
~Ifred J. Cuervo, President
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Alfred J. Cuervo, as Managing
Member of Canterbury Oaks of Clearwater, L. L. C., a Florida limited liability company, and also as
President of Canterbury Oaks Office Park Condominium Association, Inc., a Florida not for profit
corporation, whom, being duly authorized, executed the foregoing instrument on behalf of said entities
and acknowledged the execution thereof to be his free act and deed for the uses and purposes herein
set forth.
My Commission Expires:
Type/prinVstamp name of acknowledger
"'~~'{f.U, Linda D. Mcintyre
::1 ':~ Commission # DD326501
~""'" il Expires July 10, 2008
;r,p,;~" Bonded TillY FlIln. InlUlllnce. tnc:. eoGo386-1019
[ ~rPersonally Known
[ ] Produced Identification
Type of Identification Produced
U:\Easements\CANTEBURY OAKS SAN EASE 1006.doc
2
Scale I "-IDOl
This IS not a survey
EXHIBIT "A"
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CANTERBURY
OAKS APTS.
15'
42/07
TURNER 5T
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
ORA'" BY
D. KING
Owo. NO.
LGL2006-05
LEGAL SKETCH
15' SANITARY EASEMENT
W. 15' OF CANTERBURY OAKS
OFFICE CONDOMINIUM
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E. 8ARRETT
stm
1 OF 1
DATE
10/10/2006
,
2988
SECT- TWSP-RHO
13-29S-15E
ORDINA.Na:
N/A
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 dated March 23, 2004, given in favor of Colonial
Bank, N.A., as recorded in Official Records Book 13460, Page 214, as subsequently amended
by that Mortgage Modification and Future Advance Agreement dated June 12, 2006, as
recorded in Official Records Book 15193, Page 731, all in the public records of Pinellas County,
Florida; does hereby join with Canterbury Oaks of Clearwater, L.L.C., a Florida limited liability
company, and Canterbury Oaks Office Park Condominium Association, Inc., a Florida not for
profit corporation, as their respective interests may appear, and does hereby consent to the
grant of Sanitary Easement described herein as conveyed to the City of Clearwater, Florida;
and hereby subordinates all of its right, title, interest and claim in the lien evidenced by the
aforesaid instruments, and any and all other related instruments of security, to the easement
rights as conveyed herein.
By:
Print
Title
Signed, sealed and delivered
presence of:
~Signatur~
V'a- ~ {~
Print Witness name .
STATE OF I-Lor/dc[
COUNTYOF~~J&(O~yk :ss
T~rego!n instrument was acknowledged ~fore me this ~ 3 day of CQ..k,~ ,
2006 by '\ - \ , as ~/. J/; c e- he <~'dQ ;;t-
of Colonial Bank, N. A., mort agee 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 [ ] is personally known to me or who [ ] did provide
~' _ as identification.
);f~-
N~li~~ - My Commission Expires:
Type/Print Name ~
_L ....
......--...
U:\Easements\CANTEBURY OAKS SAN EASE 1006,doc t . t .11". 3
II l',e__
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Alfred J. Cuervo,
as Managing Member of Canterbury Oaks of Clearwater, L. L. C., a Florida limited
liability, and also as President of Canterbury Oaks Office Park Condominium
Association, Inc., a Florida not-for-profit corporation, whom, being first duly sworn, does
depose and say:
1. That the aforesaid limited liability company and not-for-profit corporation
are, respectively, owners of legal and equitable title to the following described property
in Pinellas County, Florida, to wit:
CANTERBURY OAKS OFFICE PARK CONDOMINIUM, as recorded in
Condominium Plat Book 139, Page 70, being a replat of Lots 13
through 24, MIDWAY, Plat Book 13, Page 4, all in the public records of
Pinellas County, Florida, the same lying and being situate in Section
13, Township 29 South, Range 15 East, 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 which will be paid during the normal course of business, except: (List
or insert "NONE". If no entry, it will be deemed Affiant asserts "NONE".).
4. That there are no liens or encumbrances of any nature affecting the title
of the property herein described, except easement and restrictions of record, any
encroachments, overlaps or other rights of third parties which would be shown by a
current survey, except:
That certain Note and Mortgage of even date given in favor of Colonial
Bank, N.A., on March 23, 2004 as recorded in O. R. Book 13460, Page 214, as
subsequently amended by that Mortgage Modification and Future Advance Agreement
dated June 12, 2006, as recorded in O. R. Book 15193, Page 731, all in the public
records of Pinellas County, Florida.
U:\Easements\CANTEBURY OAKS SAN EASE 1006.doc
4
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 herein described
property for improvement 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, its agents, successors and assigns to rely
thereon.
CANTERBURY OAKS OF CLEARWATER,
L.L.C., a Florida limited liability company
By:
;;J
. (/1..tk-c~
0, its Managing Member
CANTERBURY OAKS OFFICE PARK
CONDOMINIUM ASSOCIATION, INC.,
a Florida not-for-profit corporation
By:
1/(tf4f C~_.
Alfred J. vCuervo, President
Sworn to and subscribed before me this ~ day of Otiik1.)
,2006.
.~~~ {) 'hicA,t~~
"N6. ary Public - State of FI rida
My Commission Expires
Type/Print Name
,,~~~'{~U-!. Linda D. Mcintyre
=:~X"{y:: Commission # DD326501
~;fj..... .~l Expires July 10, 2008
;f,ffif.l,,' 8ond!d Troy Fain -Insul'lnce, In<:. 800-385-7019
U:\Easements\CANTEBURY OAKS SAN EASE 1006.doc
5