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HUNTERWOOD ASSOCIATES LP AND STARCREST VILLAGE APARTMENT LPReturn to: Jim Benwell Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758 -4748 Parcel I. D. No. 13- 29 -15- 00000 - 110 -1100 & 1200 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2017098776 03/30/2017 at 11:31 AM OFF REC BK: 19572 PG: 85 -87 DocType:EASEMENT RECORDING: $27.00 D DOC STAMP: 80.70 DRAINAGE 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, HUNTERWOOD ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, and STARCREST VILLAGE APARTMENT LIMITED PARTNERSHIP, a Florida limited partnership, as tenants in common, each having their principal place of business at 141 N.E. 3rd Avenue, #700, Miami, Florida 33132 (herein, "Grantor") do jointly and severally hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein, "Grantee "), *non- exclusive easement over, under, across and through the following described land lying and being situate in the County of In Mate of Florida, to wit: See Exhibit A 41 appended hereto and by this reference made a part ( "Easement Premises ") This easement is for drainage installation, repair and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above - described Easement Premises to construct, install, repair and maintain therein any and all drainage utilities provided by Grantee, and to inspect such utilities from time to time, together with all necessary, associated underground appurtenances thereto. 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 promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities 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, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor 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. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities 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 approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. *Grantee address: 112 South Osceola Ave. Clearwater, F1. 33756 (A05 -00152 /193357/1] This easement is binding upon the Grantor, the Grantee, their heirs, 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 WITNESSANHEREOF the dersigned grantor has caused these presents to be duly executed this rh day of I (Cc i�-6 - 2016. Signed, sealed and delivered in the presence of: f i \i'')— WJ-TNESS signature 1 tOt A . 6rictitiS Print Witness Name Print signature s s Name ess Signed, sealed and delivered e presence of: kfa WITNESS si IBC'c 1 Print yitne PrintTNitness Name STATE OF FLORIDA HUNTERWOOD ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership By: Vail Valley Salvage Corporation, a Florida corporation, its general partner By:� 1�- Print Name 1Q i 1 t j+ -k l L >lL t� Title CCU P� STARCREST VILLAGE APARTMENT LIMITED PARTNERSHIP, a Florida limited partnership By: Clearwater Apartments, Inc., a Florida corporation, its general partner By: Print Name ) (i „le t O f-L Yet Title (' 61-> : ss COUNTY OF MIAMI - DADE : Before me, on this 1 day of b(;( e i" G r , 2016, the undersigned au)gority, personally appeared 0 i l t -l-e i 4-r t (LL - , as (L-- (,, 0 of Vail Valley Salvage Corporation, a Florida corporation, general partner on behalf of Hunterwood Associates Limited Partnership, a Florida limited partnership, who executed the foregoing instrument as such o cer on behalf of said limited partnership, and who acknowledged the execution thereof to be his fr act and deed personally and as such officer, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did provide as identification. Ngtaryr Pu • St s of Florida Type /Print Name STATE OF FLORIDA : ss COUNTY OF MIAMI - DADE : [A05 -00152 /193357/1] My commission expires: 61(z' .' " L. ELLINGSWORTH [•' ; MY COMMISSION #FF018702 ,;2,,, o.. EXPIRES September 6, 2017 td01'1398 -0153 FloritlallotarySeNIce.com T Before on t ' � day of ( f r ��r lys y [fit 1-� 2016, the undersigned authority, personally appeared Oi 1 I 1-(271775 , as (' u of Clearwater Apartments, Inc. a Florida corporation, general partner on behalf of Starcrest Village Apartment Limited Partnership, a Florida limited partnership, who a ecuted the foregoing instrument as such officer, and who acknowledged the execution thereof to be free act and deed personally and as such officer, for the e and purposes herein set forth, and who [ is personally known to me, or who [ ] did provide as identification. No :a Publi - St of Florida Type /Print Name [A05 -00152 /193357/1] i �✓�� 5�.1�..�" l Lti My commission expires: Kl Ic%' .,7 OF FV",• (407) 398 -0153 L. ELLINGSWORTH MY COMMISSION #FF018702 EXPIRES September 6, 2017 FloriaaNOtaryService.com AFFIDAVIT OF NO LIENS STATE OF FLORIDA : : es COUNTY OF MIAMI — DADE : ` BEFORE ME, the undersigned authority, ,_ on _the day of LC 4\---le s , 2016, personally appeared l _ (( 1 1 r ( <:-i �. c r -11 , as C. C) of Vail Salvage Corporation, a Florida corporation, general partner on behalf of Hunterwood Associates Limited Partnership, a Florida limited partnership, and L I i 1 I ti le, CL-)r,“.4 n as r G C,, of Clearwater Apartments, Inc. a Florida corporation, general partner on behalf of Starcrest Village Apartment Limited Partnership, a Florida limited partnership, each of whom, being first duly sworn, do depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit "C" 2. 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 if none, insert "NONE ". If no entry, it will be deemed that "NONE" has been entered.) 3. 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: (list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been entered.) Voya Insurance and Annuity Company, an Iowa Corporation 4. 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 improvements thereto by any government, whether or not said assessments appear of record. 5. That there are no outstanding sewer service charges or assessments payable to any government. 6. 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 the easement herein being conveyed to encumber the above - described property. [A05 -00152 /193357/1] Signed, sealed and delivered he presence of: WITNESS signaturee,, ivat_\ A . 4' VAC) Print ss,N- i e d S signature Print Witness Name Signed, sealed and delivered e presence of: WITNESS signature ot(, . btrickgn Print Witness Name '41 WTN Signature Prin )It C Witness Nam STATE OF FLORIDA r : ss COUNTY OF MIAMI — DADE : HUNTERWOOD ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership By: Vail Valley Salvage Corporation, a Florida corporation, its general partner oa % By: - Print Name t t -1 tf.�l l L Title L% STARCREST VILLAGE APARTMENT LIMITED PARTNERSHIP, a Florida limited partnership By: Clearwater Apartments, Inc., a Florida corporation, its general partner By: Print Name (%I 14 I -It' E S Title c� Before me, on this — day of <,,. -ii l -/- , 2016, the undersigned authority, personally appeared (AI 1 ,c- (-1-e t bc, -E-t -i i-- , as C of Vail Valley Salvage Corporation, a Florida corporation, general partner on behalf of Hunterwood Associates Limited Partnership, a Florida limited partnership, who executed the foregoing instrument as such officer on behalf of said limited partnership, and who acknowledged the execution thereof to be his free ct and deed personally and as such officer, for the use and purposes herein set forth, and who [t is personally known to me, or who [ 1 did provide as identification. expires: Nota ► ublic - State of Florida I tiA_1 Type /Print Name [A05 -00152 /193357/1j My commission 6-/c,, t'1 .0 pP a uB 4 stE "•.,oaf,: OFF 1407)398 -0153 L. ELLINGSWORTH MY COMMISSION #FF018702 EXPIRES September 6, 2017 FloridallotaryService.com STATE OF FLORIDA : ss COUNTY OF MIAMI — DADE : Before me, on this day of 6'- 11/---,� , 2016, the undersigned authority, personally appeared CA' f 1 ' 4 [ Jam/ c i w , as of Clearwater Apartments, Inc. a Florida corporation, general partner on behalf of Starcrest Village Apartment Limited Partnership, a Florida limited partnership, who executed the foregoing instrument as such officer, and who acknowledged the execution thereof to be his free act and eed personally and as such officer, for the use and purposes herein set forth, and who [ V ] is personally known to me, or who [ ] did provide as identification. expires: N to Public - State of Florida L-( /341 Type /Print Name [A05 -00152 /193357/11 L. ELLINGSWORTH MY COMMISSION #FF018702 EXPIRES September 6, 2017 FiorideNote Service.com My commission