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JOHN CONTI - FRANCESCO CARRIERA - AGOSTINO DIGIOVANNI AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST , \ Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200724722307/25/2007 at 11:20 AM OFF REC BK: 15904 PG: 863-868 DocType:EAS RECORDING: $52.50 --- ----~.._--- Parcel I. D. No.08-29-15-17604-000-0010 I DRAINAGE & UTILITY EASEMENT I 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, JOHN CONTI, FRANCESCO CARRIERA, AND AGOSTINO DIGIOVANNI AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A 15 FOOT DRAINAGE AND UTILITIES EASEMENT beina leaallv described and depicted in that certain attachment identified as DRAINAGE EASEMENT "B" (JOB NO. 040094) dated 05-22-07 as appended hereto and bv this reference made a part hereof. Containina 150.00 square feet. more or less (the "easement premises") This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described easement premises to construct, install and maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater improvements 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 appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. 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 quiet and peaceful possession, use and enjoyment of this easement. 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. . , Page 2 - Drainage & Utility Easement Grantor: Tropicana Resort Land Trust Grantee: City of Clearwater RE: 08-29-15-17604-000-0010 IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this :> i day of f"'\ A\ ,2007. Signed, sealed and delivered in~ep~) ~SS si aturlt-. \)d"M-e.v\~Q, ~ q,c~ Print Witness ame ~t{s~ (YI /J (0 J<A tv 1I-/lJJ 0 , ~L Print Witness Name ~~JO"-~ ~NESS sig tureC. II ave? l1VV\-tt~ 'L (. .;) .l' ;;W1tn~ WIT~S signature {VI A- (V.( 14I\JAf'l..i./o 6 e~ Print Witness Name By: JO By c;Z. ~~ ~ FRANCESCO CARRIERA, as Co-Trustee By: , , Page 3 - Drainage & Utility Easement Grantor: Tropicana Resort Land Trust Grantee: City of Clearwater RE: 08-29-15-17604-000-0010 STATE OF FLORIDA : 55 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared John Conti, as Co-Trustee of TROPICANA RESORT LAND TRUST, who executed the foregoing instrument on behalf of said trust, and who acknowledged the e~e ution thereof to be his free act and deed for the use and purposes therein set forth. /I. My commission expires: Not ublic - St e of Florida [11 Personally Known [ ] Produced Identification Type of Identification Produced "'~;~~~?~/" Mary Kanarvogel N,( ~ y~ Commission # 0051898. 6 ~~;~.,~ Expires March 8,2010 .,f. c"lf f\.~ "onded Tro" Fain -lno",.n...ln. 61Xl.311flo7Q1e "11":.,:1 I f1') I+~ r:.A-f'l A--te.AI OG ~ "L Type/Print Name STATE OF FLORIDA : 55 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Francesco Carriera, as Co-Trustee of TROPICANA RESORT LAND TRUST, 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 use and purposes therein set forth. -4f7~ ~ My commission expires: Not ublic - Sta of Florida fYl4\-<LY J<It tV ~b~ ~ Type/Print Name [7"J Personally Known [ ] Produced Identification Type of Identification Produced "~;~{~{I.r,, Mary Kanarvogel , o..,:r~- =:: ':~ Commission # 00518986 ~$...;l ~ Expires March 8, 2010 ,:;, . .~ ..ndtld Tray ~Iln .1n.Uf.IlCI, Inc, 800.31107018 . ' Page 4 - Drainage & Utility Easement Grantor: Tropicana Resort Land Trust Grantee: City of Clearwater RE: 08-29-15-17604-000-0010 STATE OF FLORIDA : 55 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Agostino DiGiovanni, as Co-Trustee of TROPICANA RESORT LAND TRUST, who executed the foregoing instrument on behalf of said trust, and who acknowledged the exe ution thereof to be his free act and deed for the use and purposes therein set forth. My commission expires: tv! f}<V1 MrJ..ptWC> 6 ~ Type/Print Name [" Personally Known [ ] Produced Identification Type of Identification Produced ......J.. M K ,'5b~!',l...y'~ ary anarvogel ~:t "c." 1~ Commission # 00518986 ~~~c;~ Expires March 8, 2010 , .ff.fI\ Bondod Troy F.'n -Insu,.""o, Inc. 800-385.7019 EGP/MK G:/EPGRP/2ndofc/Trp RsrtLandTr/City /DUEasmt CONSENT & JOINDER The undersigned being owner and holder of an equitable interest in the real property described herein by virtue of the lien of mortgage created in that certain Mortgage, Note and other instruments of security dated December 14, 2004, given in favor of the undersigned, as recorded in the Public Records of Pinellas county, Florida, commencing at O. R. Book 14004, Page 1045, et seq., as modified and amended by that certain Mortgage Spreader Agreement dated January 18, 2005, and recorded in the Public Records of Pinellas County, Florida, commencing at O. R. Book 14067, Page 1938, et seq., and as same may be further modified and amended hereafter, does hereby join with TROPICANA RESORT LAND TRUST, Grantor/ ortgagor, and consents to the herein described grant of a Drainage & Utility Easement dated 3 , 2007 as conveyed to the City of Clearwater, Florida; and hereby subordinate all of its right, title, interest and claim in the lien evidenced by aforesaid instruments as same may encumber the easement rights as conveyed by Grantor/Mortgagor. /' ~ss signature A f CJ Il-.-.e..(" L. 6f'6-J{ {f Print Witness name STATE OF _F\('lr~r\n COUNTY OF J"J ;. Ne_ \ \11 ~ : 55 The foregoing instrument was acknowledged before me this ~hh day of 0u:np , 2007 by :Jo..rr--e~ T. fJ\aore. , as ~f'\\(')r '\.1 \Ct~_ p(~\' den \- of REGIONS BANK, an Alabama Banking Corporation, mortgagee in the above-described lien, who executed said instrument on behalf of said institution, and who acknowledged the execution thereof to be h_ free act and deed for the uses and purposes therein expressed, and who [/<J is personally known to me or who [ ] did provide as identification. ~~~o~^~,~ _~c).r~n. 12. ~~~-c:..(' J Type/Print Name My Commission Expires: ,~'"t\. Karen R Junco . J . My Commission 00218072 ,~~..,. .. ~~. .:./ EXplres January 28. 2008 ~...- KLEIN & STAUB SURVEYING, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNlY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: :\ I ~~I ~ ~ 'v1~ ~ ~ ~ :{~ ~~ I ~ ~~ ~~ ~ ~ (~ ~ K/~ '-J "~"'J ~ ~ '<~ ~~~'t ~ ~ IQ~ f\j I 15.00' DRAINAGE 1 5J' E~ASEMENT "B" L3 == ~~-- -21::' RCP -- ---II) ----__,. ---(0 "'" ---(,) POINT OF ___ L4 I BEGINNING II co""!i:~JE~~~ I SW COR LOT lA ~ I-.:: ~ & N GRAPHIC SCALE " 20 0 10 20 "- ~ I I ~ C) ( IN FEET ) './ 1 inch = 20 ft. ~ 6 \j , C\; LEGAL DESCRIPTION: A 15.00 FOOT EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF LAND L YlNG IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING ALSO A PORTION OF LOT 1 A, COLUMBIA SUB NO.3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1A, THENCE A DISTANCE OF 20.37 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD DISTANCE OF 20.37 FEET AND A CHORD BEARING OF Nor 27'40"E TO THE POINT OF BEGINNING; THENCE CONTINUE A DISTANCE OF 15.00 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD BEARING OF Nor 18'24"E; THENCE S85029'35"E A DISTANCE OF 10.00 FEET; THENCE A DISTANCE OF 15.00 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 6577.52 FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD BEARING OF S07018'24"W; THENCE N85029'35"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 150.00 SQUARE FEET, MORE OR LESS. ------ CLEARWATER HARBOR UNPLATTED ----- " CV ~ C) './ LINE L3 L4 LINE TABLE LENGTH 10.00 10.00 BEARING S85029'35"E N85029'35"W CURVE TABLE RADIUS LENGTH 6567.52 20.37 6567.52 15.00 6577.52 15.00 CURVE C4 C5 C6 DELTA 0010'40" 0007'52" 0007'51" CHORD BEARING 20.37 Nor 27' 40"E 15.00 N07018'24"E 15.00 Nor18'24"E NOTES: THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF DESCRIPTION TO DEPICT NEW DRAINAGE EASEMENT. 05-22-07 Jack W. Smith Date of Signature Professional Surveyor c!c Mapper Number 6140 DRAINAGE EASEMENT "s" JOS No. 040094 DATE: 05-22-07 SHEET: 2 OF 3 , .'.' I AFFIDAVIT OF NO LIENS STATE OF FLORIDA : 55 COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared John Conti, Francesco Carriera and Agostino DiGiovanni, as Co-Trustees of TROPICANA RESORT LAND TRUST, each of 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: COLUMBIA SUBDIVISION NO.3, the North 173.5 feet of Lots 1 and 1A, and riparian rights; and Block A, Lot 3, of COLUMBIA SUBDIVISION REPLAT 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 that will be paid during the normal course of business, except: (if none, enter "NONE") NOTE: If no entry, it will be deemed that Affiant has entered "NONE". 4. That other than easements and restrictions of record, there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain mortgage and note and other instruments of security dated December 14, 2004 given in favor of REGIONS BANK, an Alabama Banking Corporation authorized to conduct business in the State of Florida, as recorded in Official Records Book 14004, commencing at Page 1045, Public Records of Pinellas County, Florida; as modified by that Mortgage Spreader Agreement dated January 18, 2005 as recorded in Official Records Book 14067, commencing on Page 1938, Public Records of Pinellas County, Florida, as same may be hereafter further amended and modified. 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 a;3~;essments 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 assi rely thereon. WITNESS ignature ~oU'\ V Q.. WITNESS P ted Name ~s~ jVJ A(lJ{ ) -4--fl/,If(t.,cJ D (9 eL Witness Printed Name ~~~) 3')NESS Si aty,re . -0 uv\\'(..M~(.. ':> ~ G~ :/ ~NES~G:z WIT~S Signatur jV) fJ(U( 7<-~tJ.4-(U/ () (; 6>L WITNESS Printed Name By: ~/ - ,-~ By: -~~ RANCESCO CARRIERA, as Co-Trustee L' By: ~~N6 DIGltfv~NI, 7 as Co-Trustee C<.0 WITNESS Pr ted Name ~~S~~ (!tIJ IJ (l,y MrJ I}{U/ 0 6 tTC WITNESS Printed Name Sworn to and subscribed to before me this ~ day of 2007 ~~Ub~da M f)-(V....( M yV /}(l-V C 6 c..~ PrintlType Name t"V\~ My Commission Expires EGP/mk G :/Epg rp/2ndofc/T rpRsrtLandTrust/City /DU Easmt "~II'"~ M K I "~t:~.~.t.'!~!. ary anarvoge 'o.'A ~~. I:f .~~ Commission # 00518986 ~~'.,.,..'f(fR'<l Expires March 8, 2010 ff,w.~' _IIG TIGy'lin -llIIU/IIlCt.lnc, 800-385-7019 ..' KLEIN & STAUB SURVEYING, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: :\ I ~~I ~ ~ \_~~ Q '" ~ ~~ ~" I ~ ~~ ~~ ;('~K~ Cj ~10 '-J ~~,,~ ~ ~~.~ ~ ~~CJ~ ~ ~ Io~ C\.i I 15.00' DRAINAGE f Sr' E~ASEMENT "8" - l3 -~- BQ? 24" RC - -- - --:: .:.: :: .: .: .: .: ~It) - - -co I (.) '---(.) I POINT OF _ l4 BEGINNING II ~I J I u. I I I POINT OF /f----t COMMENCEM. ENT j/ SW COR LOT lA I I ! II II I I 1 ff ~ h, 1-.,. & ~ ~ CJ \ C\.i I I I I '\ IV ~ (J 'oJ N '\ GRAPHIC SCALE 20 0 10 20 ~~-i I " "- (J '-./ ( IN FEET ) 1 inch = 20 ft. LEGAL DESCRIPTION: A 15.00 FOOT EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING ALSO A PORTION OF LOT 1 A, COLUMBIA SUB NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNF.:R OF SAID LOT lA, THENCE A DISTANCE OF 20.37 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD DISTANCE OF 20.37 FEET AND A CHORD BEARING OF NOr 27' 40"E TO THE POINT OF BEGINNING; THENCE CONTlNUE A DISTANCE OF 15.00 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD BEARING OF Nor 18'24"E; THENCE 585029'35"E A DISTANCE OF 10.00 FEET; THENCE A DISTANCE OF 15.00 FEET ALONG A CURVE TO THE RIGHT HAViNG A RADIUS OF 6577.52 ~EET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD BEARING OF sor 18'24"W; THENCE N85029'35"W A DISTANCE OF 10.00 FEET lO THE POINT OF BEGINNING. CONTAINING 150.00 SQUARE FEET, MORE OR LESS. ~ CLEARWATER HARBOR UNPLATTED -====---~ LINE L3 L41 LINE TABLE LENGTH 10.00 10.00 BEARING S85029'35"E 1'1850 29'35"WJ ~URVE t~--~-~ I C6 CURVE TABLE RADIUS LENGTH 6567.52 20.37 6567.52 15.00 6577.52 15.00 CHORD ' BEARING 20.37 NOl.27'40"E 15.00 1'1070 18'24"E 15.00 Nor 18'24"E DELTA 0010' 40" 0007'52" 0007'51" NOTES: THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF DESCRIPTION TO DEPICT NEW DRAINAGE EASEMENT. 05-22-07 Jack W. Smith Date of Signature Professional Surveyor & lolapper Number 6140 DRAINAGE EASEMENT "B" JOB No. 040094 DATE: 05-22-07 SHEET: 2 OF 3