Loading...
DAWN M. & RONALD J. DE LISLE: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 04-29-15-93894-001-0010, et al KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2008312793 11120/2008 at 11:58 AM OFF REC BK: 16433 PG: 4444146 DocType:EAS RECORDING: $27.00 DRAINAGE & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, DAWN M. DE LISLE and RONALD J. DE LISLE, wife and husband ("Grantor"), do 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 DRAINAGE AND UTILITIES EASEMENT over, under and across all of Parcel 3, as legally described in that certain Boundary Survey (Job # 06-0273) prepared by Survey Pros, Inc., Licensed Business No 7252, dated October 10, 2006, being certified to Ronald J. & Dawn M De Lisle as more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("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 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. Grantor, within ninety (90) days following execution hereof, shall secure proper permits and install at Grantor's sole cost and expense, a four-foot (4') high white PVC fence along the full length of the easterly boundary of Parcel 2 and Parcel 3 as described in the above referenced Boundary Survey. A lockable twelve-foot (12') PVC gate, to be secured by Grantee supplied lock, shall be installed at the southerly terminus of the fence line. Grantor shall maintain the installed fencing in compliance with applicable City of Clearwater codes, et seq. Grantor shall provide Grantee's Public Services Department with copies of all fencing plans for Grantee approval prior to installation or any future modification thereof. Grantee's approval shall be timely and not unreasonably withheld. Should Grantee fail to provide Grantor written comment to the contrary within two weeks of receipt of such plans, it will be deemed that Grantee's approval has been given. 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. C:\Documents and Settings\Dick.Hull\Desktop\DE LISLE D U EAS 05086.doc IN WITNE WHEREOF the undersigned grantor has caused these presents to be duly executed this day of 0 2008. Dawn M. De Lisle eko"P;tne Lisle STATE OF FLORIDA COUNTY OF PINELLAS : ss Before me, the undersigned authority, personally appeared Dawn M. De Lisle, a married woman, who executed the foregoing instrument, and who on the above mentioned date acknowledged the execution thereof to be her free act Id deed for the use and purposes therein set forth, and who [ ] is personally known to me, or? w -orovided !7 (rt 2 - / 3 - (o(- f -c) as identification. My commission expires: Notary Public - State o Florida LINDA LSLE TRELIHAFT Commission DD 637385 Type/Print Name a XdearnNTNaFainhuWa wBQMW7019 Rf' STATE OF FLORIDA COUNTY OF PINELLAS : ss Before me, the undersigned authority, personally appeared Ronald J. De Lisle, a married man, who executed the foregoing instrument, and who on the above mentioned date acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth, and who [ ] is personally known to me, orb], wh rovided L ?'-l2ZY - 21g-k _ Z ke - 0 as identification. ?? My commission expires: Notary Public - State of Florida Type/Print Name Commission DD 6 7385 Expires May 12, 2011 1 rR , OON@d Thru Try Fain h $UFW" eoo 33S7o1 B CADocuments and Settings\Dick.Hu1I\Desktop\DE LISLE D U EAS 05086.doc .Sco% 1"=3O' EXHIBIT "A" This is not c survey LOT 1, BLOCK "A" VENETIAN POINT SUBDIVISION Southeasterly Corner Parcel 2 Projected (i of Venetian Drive S89'58'27'E 17F 3 ,ril? NORTH 0 . N 0 N 0 0 0 M N VENETIAN DRIVE \W N/ I..L 0 W Cf) z Cn 1 F ?r 7 ` ??? -Y1, Ol In ' 102.76' LOT 1, BLOCK "A" DE LISLE EASEMENT SKETCH: NORTH SHORE PARK PARCEL 2: ALL LAND AND SUBMERGED LAND LYING SOUTHERLY OF LOT 1 BLOCK "A" VENETIAN POINT SUB-N. BETWEEN THE SOUTHERLY PROJECTIONS OF THE EASTERLY AND WESTERLY BOUNDARIES OF SAID LOT AND THE CENTERLINE OF SUNSET DRIVE, ALSO KNOWN AS BLANTON DRIVE AND VENETIAN DRIVE, PROJECTED IN A WESTERLY DIRECTION. ALSO A DRAINAGE & UTILITY EASEMENT OVER, ACROSS AND UNDER ALL OF THE FOLLOWING DESCRIBED PARCEL PARCEL 3: ALL LAND AND SUBMERGED LAND LYING SOUTH OF THE WESTERLY PROJECTION OF VENETIAN DRIVE, BLANTON ROAD PER PLAT. COMMENCE AT A FOUND X-CUT, BEING THE SOUTHEASTERLY CORNER OF LOT 1, BLOCK "A', VENETIAN POINT SUBDIVISION, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 27, PAGES 26 & 27, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, RUN THENCE S00'28'20'W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SUNSET DRIVE, 30.00 FEET TO THE POINT OF BEGINNING, BEING THE INTERSECTION OF SAID RIGHT-OF- WAY LINE AND THE WESTERLY EXTENTION OF THE CENTERLINE OF VENETIAN DRIVE, THENCE CONTINUE S00'28'20"W ALONG SAID RIGHT OF WAY LINE, 48.69 FEET TO THE NORTHERLY EDGE OF A 1.4' CONCRETE SEAWALL CAP, THENCE ALONG SAID NORTHERLY EDGE OF SEA WALL CAP S85'58'55'W, 102.76 FEET TO THE NORTHWESTERLY CORNER OF SAID SEA WALL CAP, THENCE N28'03'02"W, 63.39 FEET TO A POINT ON THE WESTERLY PROJECTION OF CENTERLINE OF VENETIAN DRIVE, THENCE ALONG SAID CENTERLINE PROJECTION, S89'58'27'E, 132.72 FEET TO THE POINT OF BEGINNING. BEARINGS FOR THIS LEGAL DESCRIPTION ARE BASED ON THE AFOREMENTIONED PLAT OF VENETIAN POINT SUBDIVISION AND ROTATED TO THE NORTHERLY BOUNDARY LINE OF LOT 1, BLOCK 'A' OF SAID SUBDIVISION, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF VENETIAN POINT DRIVE, SAID RECORD BEARING BEING N73'41'31'W. NOTE: LEGAL DESCRIPTION AND SKETCH ARE BASED UPON A BOUNDARY SURVEY PREPARED BY SURVEY PROS, INCORPORATED JOB # 06-0273, OCTOBER 10, 2006 1 STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Dawn M. De Lisle and Ronald J. De Lisle, wife and husband, whom, being first duly sworn, do depose and say: 1. That they are the owners of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lot 1, Block "A", VENETIAN POINT SUBDIVISION, according to the plat thereof as recorded in Plat Book 27, Pages 26 & 27, Public Records of Pinellas County, Florida; together with riparian rights and title thereto, as their interests may appear of record, in Parcel 2 and Parcel 3, all as legally described in that certain Boundary Survey (Job # 06-0273) prepared by Survey Pros, Inc., Licensed Business No. 7252, dated October 10, 2006, being certified to Affiants. 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". If no entry, it will be deemed that "NONE" has been 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: (if none, enter "NONE". If no entry, it will be deemed that "NONE" has been entered.) NONE 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. CADocuments and Settings\Dick.HuII\Desktop\DE LISLE D U EAS 05086.doc 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 s to rely thereon. D wn M. De Lisle NESS ?G IT ESS Sunature onald J. De Lisle WITNESS Printed Name Sworn to and subscribed to before me this day of / ?- 200 . Notary Public - State of Florida My Commission Expires Print/Type Name : `• Y ? LINDA LU SE TREUHAFT :?. Commission DD 637385 Aw Expires May 12, 2011 ? Rf,ih Bonded ThruTmyMinhmnince800.385.7019 CADocuments and Settings\Dick.Hull\Desktop\DE LISLE D U EAS 05086.doc