BOOS-GULF-TO-BAY & KEENE, LLC
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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# 200734606810/26/2007 at 09:10 AM
OFF REC BK: 16030 PG: 2179-2183
DocType:EAS RECORDING: $44.00
D DOC STAMP: $0.70
Parcel I. D. No. 14-29-15-85950-001-0030, et al
WATER MAIN 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, BOOS-GULF-TO-BAY & KEENE, LLC, a Florida
limited liability company, 2651 McCormick Drive, Clearwater, Florida 33759-1041 ("Grantor") does hereby grant
and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-
exclusive, limited purpose easement over, under and across the following described land lying and being situate in
the County of Pinellas, State of Florida, to wit:
A 10.00 foot wide strip of land being a portion of Lots 1, 2, 5 and 7, Block B, together with a portion
of the 60.00 foot right-of-way for Florida Avenue, vacated by Official Records Book 15762, Pages
1993, adjacent to said lots, all being of SUBURB BEAUTIFUL SUBDIVISION, as recorded in Plat
Book 13, Page 61, Public Records of Pinellas County, Florida, as more particularly described and
depicted in EXHIBIT "A", Pages 1 and 2, appended hereto and by this reference made a part hereof
("Easement Premises")
This easement is for water main installation and maintenance only. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain
therein water lines, and to inspect and alter such water lines 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 facilities at all times during the exercise of rights granted herein for Grantor and
the general public, and that it shall promptly restore the Easement Premises and any affected areas surrounding
the Easement Premises upon completion of any project 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. 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 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 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.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or
occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS OB07.doc
"
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the water
mains 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 constructed water mains, and shall at its sole cost and
expense reconstruct the water mains within the alternate easement. Upon completion of the water mains
relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public
records of Pinellas County, Florida.
Grantor shall hold harmless and indemnify Grantee if the Grantor's secured mortgagee, Wachovia Bank,
National Association, should fail to timely consent to and join with Grantor in conveyance of easement described
herein, and further subordinate its right, title and interest therein to said 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.
~ IN WITNE~ WHEREOF, the undersigned grantor has caused these presents to be duly executed this
Z:o - day of kCA.Sr' , 2007.
Signed, sealed and delivered
inth~
WITN~nature (', .'
,...~W Dyt//l
Print W:::l7lJ
~ss Sirature !!.
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Print Witness Name
BOOS-GULF-TO-BAY & KEENE, LLC,
a Florida limited liability company
By: BOOS FLORIDA DEVELOPMENT, LLC,
a Florida limited liability company,
its sole Member
By: ~ J .~, 1It1l4ltAi,. It_.
Print name ~ ~. 8.s
Managing Member
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared ~..I- ~ . ~ ,
Managing Member of Boos Florida Development LLC, a Florida limited liability company, sole Managing Member
of Boos-Gulf-To-Bay & Keene, LLC, a Florida limited liability company, who executed the foregoing instrument on
behalf of said entities on the aforementioned date, and who acknowledged the execution thereof to be his free act
and deed for the use and purposes herein set forth, and who [yt'is personally known to me, or who [ ] did provide
~ ~ 1;;;;;: as identification.
. My commission expires:
N ary Public - te of Florida
10M ~ 1~1h1
Type/Print Name
"~Y.i!{(,,._ L
::~ "'~ ora Logan Persson
~\. i:~ Co~mlsaion # 00530220
~~j1,'/1 II Expires April 24,2010
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U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS OBOl,doc
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
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4,712 SQUARE fEET
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0.108 ACRES:i:
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PB =
PG =
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R/W =
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EXHIBIT "A"
Water Main Easement
BEARING
S88'48'50"E
S88'48'50"E
SOO'08' 47"E
S89'08'27"W
N87'16'18"W
SOO"21'23"W
S43'15'48"W
SOli8'50"E
S46'44'12"E
SOO'21'23"W
S03'19'41"E
S89'49'10"E
LINE TABLE
DISTANCE LINE
114.75 L13
10.00 L14
13.67 L15
62.43 L16
43.32 L17
28.22 L18
11.26 L19
15.99 L20
9.83 L21
73.31 L22
75.61 L23
105.98 L24
L25
GULF-TO-BAY BLVD
p~:R 60) ~SOUTH R/W
NW COR LOT 2
,.. L23 ,L1 ~,' L24
~
~
5
;0
..,
B \
SUB~RB BEAUTIFUL
9B 13, PG 6~
- I .
55' \ 5;' I
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in
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10.00' (TVP)
t:
-
--_. -------;-jQ;--_._~_.-..~_.__._j
e
BOUNDARY
CORNER I \10'
fLORIDA DEPARTMENT Of TRANSPORTATION
OFfiCIAL RECORDS BOVK
PLA T BOOK i
PAGE '
POINT Of BEGINNING
POINT Of COMMENCEMENT
RIGHT-OF-WAY
STATE ROAD
UNITED STATES
NOT A SURVEY
ITEM
c V S GULF-TO-BAY
& KEENE
WA TERUNE EASEMENT
9
I
---~
DATE
BY QC
SKETCH & DESCRIPTION 07.27.2007 SKA SKA
H: \IN\3562\dwg\3562_SD-woter.dwg
SECTION 14 TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUN TY, FLORIDA
PROJECT NUMBER 3562-01
BEARING
SOI'OO'07"E
N88'48'50.W
N01'OO'07"W
N89'49'10"W
N03i9'41"W
NOO'21'23"E
N46'44'12"W
NOli8'50"W
N43i5'48"E
NOO'21'23"E
S87i6'18"E
N89'08'27"E
NOO'08'47"W
DISTANCE
31.46
10.01
21.28
105.59
85.33
69.27
9.65
24.28
11.43
34.72
53.43
52.24
4.03
o 30 60
I ~ I
SCALE: 1"=60'
100.00' R/W
FOOT SECTION NO. 15040- 2501
$6'
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PARENT PtRCn BOUNDARY:
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SOUTH L1N~ Of VACATED R/W
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PARENT PARCEL BOUNDARY
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SAVED:8/6/2007 9:45 AM
__~~OTTE~: jl21~20_~~_~: 3~_~
SHEET 1 OF 2
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
CLEARWATER, FLORIDA .3.3764
(727) 524-6500
,
SECTION 14 TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3562-01
DESCRIPTION
A 10.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF LOTS 1, 2, 5 AND 7, BLOCK B, TOGETHER WITH A
PORTION OF THE 60.00 FOOT RIGHT-OF-WAY FOR FLORIDA AVENUE, VACATED BY OFFICIAL RECORDS BOOK 15762,
PAGE 1993, ADJACENT TO SAID LOTS, ALL BEING OF SUBURB BEAUTIFUL SUBDIVISION, AS RECORDED IN PLAT BOOK
13, PAGE 61, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2, BLOCK B; THENCE S.88'48'50"E., 114.75 FEET ALONG THE
SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BOULEVARD (AKA STATE ROAD 60) FOR THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID LINE, S.88'48'50"E., 10.00 FEET; THENCE S.00'08'47"E., 13.67 FEET; THENCE
S.89'08'27"W., 62.43 FEET; THENCE N.87"16'18"W., 43.32 FEET; THENCE S.00'21'23"W., 28.22 FEET; THENCE
S.43'15'48"W., 11.26 FEET; THENCE S.01'18'50"E., 15.99 FEET; THENCE S.46'44'12"E., 9.83 FEET; THENCE
S.00'21'23"W., 73.31 FEET; THENCE S.03'19'41"E., 75.61 FEET; THENCE S.89'49'10"E., 105.98 FEET; THENCE
S.01'00'07"E., 31.46 FEET TO THE SOUTH LINE OF AFORESAID VACATED 60.00 FOOT RIGHT-OF-WAY FOR FLORIDA
AVENUE; THENCE N.88'48'50"W., 10.01 FEET ALONG SAID LINE; THENCE N.01'00'07"W., 21.28 FEET; THENCE
N.89'49'10"W., 105.59 FEET; THENCE N.03'19'41"W., 85.33 FEET; THENCE N.00'21'23"E., 69.27 FEET; THENCE
N.46'44'12"W., 9.65 FEET TO THE WEST LINE OF AFORESAID LOT 2, BLOCK B; THENCE N.01'18'50"W., 24.28 FEET
ALONG SAID LINE; THENCE N.43"15' 48"E., 11.43 FEET; THENCE N.00'21'23"E.. 34.72 FEET; THENCE S.87"16'18"E.,
53.43 FEET; THENCE N.89'08'27"E., 52.24 FEET; THENCE N.00'08'47"W., 4.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,712 SQUARE FEET OR 0.108 ACRES, MORE OR LESS
NOTES
1. BEARINGS ARE BASED ON THE SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BLVD, BEING ASSUMED AS
S88'48'50"E.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHT-OF-WAYS AND OTHER MATTERS OF RECORD.
C E R T I Fie A T I 0., N'. .
'~M'.'
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON ~EfS ,Tt-lEMJNIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SUftVEYORS JNCHAPTER 61 G17-6, FLORIDA
SA:DM~~:~:::: 4:0~~' PURSUANT TO SECTION 472027 FLOr r ~~
PLOTTED: 8/21/2007 3: 00 PM SC~~R .
PROFESSIONAL SURVEYOR AND MAPPER
LS 6045, STATE OF FLORIDA
NOT A SURVEY
SHEET 2 OF 2
ITEM
DATE
BY QC
C V S GULF-TO-BAY
& KEENE
WA TERUNE EASEMENT
~
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
CLEARWATER, FLORIDA 33764
(727) 524-6500
SKETCH & DESCRIPTION 07.27.2007 SKA SKA
H: \IN\3562\dwg\3562_SD-water.dwg
II
CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and Security Agreement, and other instruments of
security dated May 31, 2007 given in favor of Wachovia Bank, National Association, as recorded in O.
R. Book 15823, Pages 1047 - 1073 of the public records of Pinellas County, Florida; does hereby Join
with Grantor and consents to the grant of easement as conveyed in the herein described Water Main
Easement as same shall encumber a portion of Block B, and that portion at the 60.00 foot right-at-way
of Florida Avenue vacated by O. R. 15762, Page 1993, all being of SUBURB BEAUTIFUL
SUBDIVISION, recorded in Plat Book 13, Page 61 of the Public Records of Pinellas County, Florida, as
more particularly described in said instrument, and does hereby subordinate all of its right. title, interest
and claim in the aforementioned lien to the easement rights Grantor has conveyed therein.
Signed, sealed and delivered
In the presence of:
~~~~~
it es f!.9nature
Lltcy kcd.ri~L{ e.r
Pri Witness na e
~
WACHOVIA BANK. NATIONAL ASSOCIATION
B~ ~~)J~
Print Name jfJ!f;r 11 ~lsrM1::>
Title .$,. ' . r. S 'd-f c:r
T,c-e
STATE OF Flol'idCl
: ss
COUNTY OF 1.L1 \ts. browi'
The foregoing instrument was acknowledged before me this lo~ay of ~ JHI\...J .
2007 by \/a.\ecl'e' A. Gi I"ref'\S' ,as ~\,. ViCe. ~~iJ~ . of
Wachovia Bank, National Association, mortgagee In the above-described lien, who executed said
instrument and. acknowledged the executiorythereof to be hu- free act and deed for the uses and
purposes therein expressed, and who [v1 is personally known to me, or who [ ] did provide
as identification.
+b.l~ W~J
Notary Public - State of
My Commission Expires: q-/(}.-o8'
~=00337878
~.~ Elq)ns September 12. 2008
Type/Print Name
U:\Easemenls\BOOS GULF-2- BAY WM & SAN EASEMENTS OB07.doc