Loading...
BOOS-GULF-TO-BAY & KEENE, LLC (2) '. i, ._ .1;'. 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# 2007346067 10/26/2007 at 09:10 AM OFF REC BK: 16030 PG: 2174-2178 DocType:EAS RECORDING: $44.00 D DOC STAMP: $0.70 Parcel I. D. No. 14-29-15-85950-001-0030, et al II SANITARY SEWER 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, 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 2, 3, 6 and 8, Block A, 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 sanitary sewer 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 sanitary lines, and to Inspect and alter such sanitary 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 dl/lgently pursue the completion of all work activities In a timely manner Grantor warrants and covenants with Grantee that it 15 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 Invltees 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. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the sanitary Jines constructed within the easement premises to facilitate further development or redevelopment of the property U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS OB07.doc , " encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the constructed sanitary lines, and shall at its sole cost and expense reconstruct the sanitary lines within the alternate easement. Upon completion of the sanitary lines 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 WIT~S WHEREOF, the undersigned grantor has caused these presents to be duly executed this Z~ day of . ~sr ,2007. Signed, sealed and deliver in the p. BOOS-GULF-TO-BAY & KEENE, LLC, a Florida limited liability company By: BOOS FLORIDA DEVELOPMENT, LLC, a Florida limited liability company, its sole Member ESS signature, J;;",.. 4hlil... Print Witness Name By: ~.J..~, Itt~~ .,u.tlfJ(.. Print name I2.tJE-It;r./). ~S Managing Member STATE OF FLORIDA : 55 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared W~ J ~ , 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 ack9Pwledged the execution thereof to be his free act and deed for the u and purp ses herein set forth, and who ["1 is personally known to me, or who [ ] did provide as identification. My commission expires: "''',11 .:-,'],'}.\'.'!...~ Lora Logan Persson =~,: Js .:.~ Commission # DD530220 -;";j;f."":;~*.:~' Expires April 24 2010 , for f\-,\ I '''I'' 80naE"d Troy Fain -Insurance, Inc. 800-3~5-7019 U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS 0807.doc LINE BEARING L 1 588.48'50"E L2 S64.40'09"E L3 S64.40'09"E L4 S31.23' 45"E L5 SOO.16'52"W L6 N88.59'54"W EXHIBIT" A" Sanitary Easement LINE TABLE DISTANCE LINE BEARING 246.91' L 7 S01.11'10"W 26.90' L8 N88.48'50"W 1 0.15' L9 N01.11'10"E 1.53' L10 S88.59'54"E 222.84' L11 NOO.16'52"E 130.06' GULF-TO-BAY BLVD (SR 60) -T" j I I I ! i I I I \ 1_ -~-- f.;S' L1 \ i 0,' \ 1ARENT PARCEL BopNDARY \ i I I I I SUBURB BEJAUTIFUL ,. PB 13, PG 61 1~ I~ ~ I:.' 4 \:.' 3 2 I i 3.685 SOUtO RE fEET ! 0 i 0.0846 ,CRES:r i i I ~! 1___.. 5~' j B5' S r --...--...----- _.. i --.. j I Ig !i~/ I I ~ l ~ ~ I 1 :;i I i I SUB~RB BEAUTifUL PIB 13, PG 6~ I I I ! ----. -~---~-:B~'-~ I 3 '" " ~ 6 g 8 '" ~ BNDY = COR = FOOT = OR = PB = PG = POB = poc = R/W = SR = US = w > <( <( b a:: Cl 0 0 ii: ci ~ g co al I..&... 0 ~ < u < > I ----110-- SOUTH UN!; Of VACA lED R/W I .. 1&: 2 I") Ol Ol ~ w <.:> < 0.. N ;;: co ........ " a:: ~ g i 5 -- ---;jiT- ----- ---I I b ! <0 I 7 i PARENT PARCEL BOUNDARY\ i SECTION 14 TOWNSHIP 29S, RANGE 15E CITY OF CLEARWATER, PINELLAS COUNTY, FlORIDA PROJECT NUMBER 3562-01 DIST ANCE 12.43' 10.00' 22.40' 129.90' 218.32' o 30 60 I ~ I SCALE: 1" =60' SOUTH R/W 100.00' R/W FOOT SECTION NO. 15040-2501 R/W I I I i 'A' I ill ~ I 7'i ri g :XJrl ............ ~jJ <:--EJ.-.- J:> ,,", :XJ ",-... fiiO <.f)/O 10.00' (TVP) ~2 5 6 --" -......-/ ill-...... L10 8 7 ~ L8 BOUNDARY CORNER ! "Q' FLORIDA DEPARTMENT 'Of TRANSPORTATION OFfiCIAL RECORDS BOOK PLAT BOOK ! PAGE ' POINT Of BEGINNING POINT Of COMMENCEMENT RIGHT-Of-WAY STAlE ROAD UNllED STAlES NOT A SURVEY ITEM c V S GULF-TO-BAY & KEENE SANITARY EASEMENT 9 i --j DATE BY QC SKETCH & DESCRIPTION 08.03.2007 SKA H: \IN\3562\dwg\3562 SD-son.dwg SKA (lC' 1,2.25' I~ \---- 10 I 9 I SAVED:8/6/2007 9:50 AM -E..LOTT~Q.: tmL20.Q?__2: 3~.~ SHEET 1 OF 2 POLAR'S ASSOCIATES ING. PROFESSIONAL SURVEYING LB 6113 18850 U.S HIGHWAY 19 SUITE 500 eLE ARWA TE R. FLORIDA 33764 (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 2, 3, 6 AND 8, BLOCK A, 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 ALONG THE SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BOULEVARD (AKA STATE ROAD 60), S.88'48'50"E., 246.91 FEET; THENCE S.64'40'09"E., 26.90 FEET, FOR THE POINT OF BEGINNING; THENCE CONTINUE S.64'40'09"E., 1 0.15 FEET; THENCE S.31'23' 45"E., 1.53 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, S.00'16'52"W., 222.84 FEET; THENCE N.88'59'54"W., 130.06 FEET; THENCE S.01'11'10"W., 12.43 FEET TO THE SOUTH LINE OF AFORESAID VACATED 60.00 FOOT RIGHT-OF-WAY FOR FLORIDA AVENUE; THENCE ALONG SAID SOUTH LINE, N.88'48'50"W., 10.00 FEET; THENCE LEAVING SAID SOUTH LINE, N.Ol'll'10"E., 22.40 FEET; THENCE S.88'59'54"E., 129.90 FEET; THENCE N.00'16'52"E., 218.32 FEET TO SAID SOUTH RIGHT -OF -WA Y LINE OF GULF - TO-BAY BOULEVARD AND THE POINT OF BEGINNING. CONTAINING 3,685 SQUARE FEET OR 0.085 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. SAVED:8/6/2007 9:50 AM PLOTTED:8/21/2007 2:34 PM I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MtETS mE' MlNiMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SUR..~YORS IN "CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLO~DA STATUTES. ' ' .I~ S~ K. ACKER P~FESSIONAL SURVEYOR AND MAPPER LS 6045, STATE OF FLORIDA SHEET 2 OF 2 C E R T I F I CAT I ~A{ .:.: -, ' NOT A SURVEY ITEM DATE BY QC GULF - TO-SAY & KEENE SANITARY EASEMENT . POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 18850 U.S HIGHWAY 19 SUITE 500 CLEARWATER, FLORIDA 33764 (727) 524-6500 SKETCH & DESCRIPTION 08.03.2007 SKA SKA H: \IN\3562\dwg\3562 SD-son.dwg : ," I. I ~ 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 Sanitary Sewer Easement as same shall encumber a portion of Block A, and that portion of the 60.00 foot right- of-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. ByWACi;'i=nON ;~~t N~ ,- n . f/;;~ STATE OF F IO("I'dCL : ss COUNTY OF _~~ba~ The foregoing instrument was aCknowledged before me this ~ day of ~~ , 2007 by U~f\.. ~ ~ rr'€f\S , as ~. u,. Cp :s i d~ of Wachovia Bank, National Association, mortgagee in the above-described lien, who executed said instrument and acknowledged the execut!on jhereof to be h~ free act and deed for the uses and purposes therein expressed, and who [L{'is personally known to me, or who [ ] did provide as Identification. PMlIIIFPIIIMr My Commission Expires: 9-1 )--0 P . Wyc......MIIan L/O;Nt6l1 ~ expn. s.pember 12. 2008 Type/Print Name U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS 0807.doc ........ '"1~-. . ~ AFFIDAVIT OF NO LIENS STATE OF FLORIDA :ss COUNTY OF PINELLAS j) ~ B~FQRE ME, the undersigned authority, personally appeared ~ D. .d05 , as 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, whom, being first duly sworn, does depose and say: 1. That Boos-Gulf-To-Bay & Keene, LLC is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lots 1, 2, 5 and 7, inclusive, Block B, together with Lots 4,6 and 8, inclusive, and a portion of Lots 2, 3 and 5, Block A, 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: Begin at the Northwest corner of said Lot 2, block B; thence S88048'50"E, 246.91 feet along the South right-of-way line of Gulf-to-Bay Boulevard (AKA State Road 60); thence S64040'09"E, 37.05 feet, continuing along said South right-of-way line; thence along the Westerly right-of-way line of Keene Road the following; thence S31023'45"E, 25.16 feet; thence S07059'10"E, 157.84 feet; thence N88048'50"W, 30.98 feet along the South line of said Lot 5, Block A, to its Southwest corner; thence S01018'50"E,60.00 feet along the East line of said Lot 8, Block A, to its Southeast corner; thence leaving said West right-of-way line of Keene Road, N88048'50"W, 280.06 feet along the South line of said Lot 8, block A and its Westerly extension, the Easterly extension of said Lot 7, Block B and said South line, respectively, to the Southwest corner of said Lot 7, Block B; thence N01018'50"W, 252.35 feet along the West line of said Lots 7, 5 and 2, Block B, respectively, to the POINT OF BEGINNING. 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 that 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.) t\l~" ~ 4. 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, and: The encumbrance, lien and obligations imposed by that certain Mortgage & Security Agreement dated May 31, 2007 given in favor of Wachovia Bank, National Association (hereafter, uWachoviaU) as recorded in O. R. Book 15823, Pages 1047 - 1073, Public Records of Pinellas County, Florida. U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS oa07.doc ..... L .', t. ..., 5. 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. 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. 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 a drainage and utility easement to encumber the above-described property. BOOS-GULF-TO-BAY & KEENE, LLC, a Florida limited liability company By: BOOS FLORIDA DEVELOPMENT, LLC, a Florida limited liability company, its sole Member _fAkf J. ~ AcAV4W44.AfUl4M- !4J&wvr '1>. ~c:I..s By: Print Name Managing Member STATE OF FLORIDA : 55 ,\.\~~<v 'J!J, l " ::~;.-l."'~i:: ora Logan Persson ~;:,.~,);J Commission # 00530220 -::f'lJ;'i\o~" ExpIres April 24 20'10 '1'11"\ Bor,,-pc Troy l=a.n. Insurance, jPlc. e~o..3~5-7Qla U:\Easements\BOOS GULF-2- BAY WM & SAN EASEMENTS OB07.doc