Loading...
FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC ~ " '. 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# 200724722407/2512007 at 11:20 AM OFF REC BK: 15904 PG: 869-872 DocType:EAS RECORDING: $35.50 Parcel I. D. NO.08-29-15-17604-000-0030 -----"'-_._-.-_.,---,-,_._-,-,-"-,.,_._-~~~. II DRAINAGE & 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, FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company ("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 being legallv described and deoicted in that certain attachment identified as DRAINAGE EASEMENT "A" (JOB NO. 040094) dated 05-22-07 as aooended hereto and bv this reference made a oart hereof. Containing 150.00 square feet, more or less (the "easement oremises") 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 easc"ment 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 perpetuc;,1 and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by cloandonment of the easement premises by Grantee. Page 2 - Drainage & Utility Easement Grantor: Flamingo Bay Condominium Developers, LLC Grantee: City of Clearwater RE: 08-29-15-17604-000-0030 31 IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of ~f\. '1 , 2007. Signed, sealed and delivered in the presence of: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability COMPANY By: ing Member STATE OF FLORIDA : 55 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Agostino DiGiovanni, as Managing Member of FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company, who executed the foregoing instrument on behalf of said entity, and who acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth. '-1Y} ~ ~ My commission expires: Notary F! lie - State Florida --'lIJ f}~ I<A N ,f~v' e ~ {r"\.... Type/Print Name ['lP Personally Known [ ] Produced Identification Type of Identification Produced ~~w.~~ Mary Kanarvogel ~:(~\~ Commission # 00518986 -:'~"~~ Expires March 8, 2010 '/f,{f..~~,. ;on_ Troy ~1lI\ -lneut8n...lnc. 80Cl-385-7019 EGP/mk G :/Epgrp/2 ndofc/FI BayCondoDev/City /DU Easmt II CONSENT & JOINDER II The undersigned being owner and holder of an equitable interest in the real property described herein byvirtue 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 14404, 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 further modified and amended by that certain Mortgage Spreader Agreement dated Mav 31 , 2007 and recorded in the Public Records of Pinellas County, Florida, commencing at O.R. Book 15832, Page 719, et seq., as the same may be further modified and amended hereafter, does hereby join with FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited company, Grantor/Mortgagor, and consents to the herein described grant of a Drainage & Utility Easement dated #'1.41 3/ ,2007 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 as same may encumber the easement rights as conveyed by Grantor/Mortgagor. : 55 The foregoing instrument was acknowledged before me this ~ day of J L>.~ , 2007 by :To....o-r'-S T fYlmre , as Sc\""'l\o\ \j 'c(""~ Pf~'t,,(c1~r- 1-: 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 ex~~tion thereof to be h_ free act and deed for the uses and purposes therein expressed, and who .0J is personally known to me or who [ ] did provide as identification. ct~l~~ Type/Print Name My Commission Expires: \- 'Z.~cr ,~. a\, Karen R Junco ; ...'i ~ My CommissiOn 00218072 .,....,,; f~rF Expires January 28, 2008 0'''''. "!I.<. Karen R Junco "1 ~ '.".' r.ommissiOn 00216072 '.1'( I" 1':;;" ":. ., "ir"!llary 28, 2008 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 \,C: ~ ~ \,/i. ~ ~ ~~~~ ~~ I ~ ~~~~ ~ ~~ ~ :t~ " ~/~ J ~ ~r\C< ~ }~&\ ~ ~ I I I 15.00' DRAINAGE EASEMENT "A" # Ll :::::::: --?t: RCp ---_ --N -_ --0 -... ---(1 POINT OF __ L2 BEGINNING u POINT OF /, COMMENCEMENT../ J SW COR LOT 3A "\ ~ ~ \) " "\ <v ~ \) " N GRAPHIC SCALE 20 0 10 20 ~ I I ( 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 3A, 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 CORNER OF SAID LOT 3A, THENCE A DISTANCE OF 5.08 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD DISTANCE OF 5.08 FEET AND A CHORD BEARING OF N090 33'58"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 N090 28' 43"E; THENCE S80030'51"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 S090 28'43"W; THENCE N80030'51"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 150.00 SQUARE FEET, MORE OR LESS. ------ CLEARWATER HARBOR UNPLATTED ----- NOTES: THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF DESCRIPTION TO DEPICT NEW DRAINAGE EASEMENT. CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING C1 00 02' 40" 6567.52 5.08 5.08 N090 33'58"E C2 0007'51" 6567.52 15.00 15.00 N090 28' 43"E C3 0007'50" 6577.52 15.00 15.00 5090 28' 43"W LINE TABLE LINE LENGTH Ll 10.00 L2 10.00 BEARING S80030'51"E N80030'51"W 05-22-07 Jack W. Smith Date of Signature Professional Surveyor Ilc Mapper Number 6140 DRAINAGE EASEMENT "A" JOB No. 040094 DATE: 05-22-07 SHEET: 1 OF 3 t, ~ ~ II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Agostino DiGiovanni, as Manager Member of FLAMINGO BAY CONDOMINIUM DEVELOPERS, 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: COLUMBIA SUBDIVISION NO.3, the Southerly 45 feet of Lots 2 and 2A, and all of Lots 3, 3A, 4 and 4A, as recorded in Plat Book 27, Page 46, 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 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 an\1 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 modified by that Mortgage Spreader Agreement dated of even date herewith 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 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. By'il~~' its Managing Member Sworn to and subscribed to before me this ~ day of 2007. ~~~~ida m I}(CAi IL 1 N AiWo b tf(_ Print/Type Name MAl My Commission Expires ~,-;..~~{'f.?o/..-. Mary K~narvogel =:r/J;.-\~: CommissIOn # 00518986 ~~..~l~ Expires March 8, 2010 ":'~Pf:t~" Bond"<l rltlv F.ilI -1""""_, ill" SQMil-7019 " \0 ,. KLEIN & STAUB -SURVEYING, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUN1Y ROAD No, 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: ~ I \.. c: ~ !j \,/~ 0 "-t ~~~ ~ 9::- '" I ~ I\l~~~ ~I\lK~ ~ ~/~ f ~ ~r((~ ~" ~ ~~&, ~ ~ I I I 15.00' DRAINAGE EASEMENT "A" # II --- " ---::: :::-?~-Rfp -----(1 ::::::-,., -u POINT OF _ L2 BEGINNING (j POINT OF / COMMENCEMENT.../ SW COR LOT 3A ! N GRAPHIC SC ALE 20 0 10 20 ~ I I ( IN FEET ) 1 inch = 20 ft. 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 3A, 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 CORNER OF SAID LOT 3A, THENCE A DISTANCE OF 5.08 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52 FEET. A CHORD DISTANCE OF 5.08 FEET AND A CHORD BEARING OF N09.33'58"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 N09. 28' 43"E; THENCE S80.30'51"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 SOg. 28' 43"W; THENCE N80.30'51"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 150.00 SQUARE FEET, MORE OR LESS. ------- CLEARWATER HARBOR UNPLATTED ---- NOTES: THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF DESCRIPTION TO DEPICT NEW DRAINAGE EASEMENT CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING Cl 0.02' 40" 6567.52 5.08 5.08 N09.33'58"E C2 0.07'51" 6567.52 15.00 15.00 N09. 28' 43"E C3 0.07'50" 6577.52 15.00 15.00 SOg. 28' 43"W '"--""-- LINE TABLE LINE LENGTH Ll 10.00 L2 10.00 BEARING S80.30'51"E N80.30'51"W 05-22-07 Jock W. Smith Dote of Signature Professional Surveyor lie Mapper Number 6140 DRAINAGE EASEMENT "A" JOB No. 040094 1 OF 3 DATE: 05-22-07 SHEET: