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JOSEPH SICILIANO Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 07-29-16-00000-210-0200 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009232921 09/02/2009 at 04:10 PM OFF REC BK. 16688 PG: 857-961 DocType.EAS RECORDING: $44,00 DRAINAGE & UTILITY 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, JOSEPH SICILIANO, a single man, 1615 N. Old Coachman Road, Clearwater, Florida 33765-1632 ("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 DRAINAGE AND UTILITIES EASEMENT lying and being situate in the NE'/4 of the NW of Section 7, Township 29 South, Range 16 East, as more particularly described and depicted in EXHIBIT "A' appended hereto and by this reference made a part hereof. Containing 208.590 sq. ft. or 0.0048 acres, more or less ("easement premises") This easement is for drainage and utility installation and maintenance in accordance with plans and specification of City of Clearwater CHANNEL F IMPROVEMENTS - PROJECT - Project No. 03-0028-EN ("Project"). The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and subsequently 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. In addition to the perpetual rights conveyed and obligations imposed herein, Grantor further consents to and authorizes Grantee, its employees, contractors and invitees to enter upon any of Grantor's property that may lie within twenty-five feet (25') of the centerline of the creek or branch meandering Grantor's coterminous boundary with the plat of COACHMAN RIDGE TRACT A-II for the purposes of backfilling and restoring Grantor's property in accordance with Project plans and specifications. The rights and privileges conveyed to Grantee in this paragraph are temporary in nature and shall expire and terminate in all respects upon project completion. 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 he 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. WEasements\CHANNEL F (SICILIANO) D & U EAS 0709.doc 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 WITNESS REOF, the undersigned grantor has caused these presents to be duly executed this -? day of , 2009. Signed, sealed and delivered in the presence of: WITNESS I nature o?t4- r?5e Prin ess Nam I SS signat Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS SS Joseph 'Cliciliano Before me, the undersigned authority, personally appeared Joseph Siciliano, a single man, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed for the.-4se and purpo es,thef ein set forth, and who [ ] are personally known to me, or [A.]"who did provide /"&'ewWA e?S' ZC'-X4'F- as identification. Notdr7Public - State Type/Print -- My commission expires: EARL W. BAMM * M1' ON#DD75®161 DARES: INsy26, 2012 ??oR ?a? Banded Thm BudOp Nay BaINca6 WEasements\CHANNEL F (SICILIANO) D & U EAS 0709.doc IF- CONSENT & JOINDER The undersigned being owner and holder of an equitable interest in the real property described herein by virtue of that certain mortgage lien given by Joseph Siciliano, Unmarried Individual ("Grantor/Mortgagor"), as described in that Mortgage and other instruments of security dated February 6, 2008, as recorded in Official Records Book 16168, Pages 93 - 98, Public Records of Pinellas County, Florida; does hereby join with said Grantor/Mortgagor and consents to the grant of easement as conveyed herein to the City of Clearwater, Florida; and hereby subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instruments and all other instruments of security as described therein to the easement rights as conveyed by Grantor/Mortgagor. Signed, sealed and delivered BRANCH BANKING AND TRUST COMPANY, In the presence of: a North Carolina chartered commercial bank _ Y.. By: . Hess signature Print Title A 15_ the -S> aa4 Prri t Witness name `?. V)tness signatur - - )?-, V Print Witness name STATE OF 5?110rU44q ss COUNTY OF Pf"Jea"r The fore oin instru t was acknowledged before me thisday of 2009 by as ,oe!Z ,4Al_t Viz of Branch Bankin and Trust Camp ny, mort gagee in the above-described lien, who, being duly authorized, executed this instrument on behalf of said mortgagee, and who acknowledged the execution thereof to be h eje- free act and tamed for the uses and purposes therein expressed, and who [ ] is personally known tome or who [ did provide ?64z??? pzivm,' ?t?nu°E as ide tion. My Commission Expires: No ry Public - State of lltcvu4(gj? Type/Print Name r ,? WI * MY00161R NtppM81 EXPIRES: May 28, 2012 40 M ft* TlMa 8u*** $ff*ft UAEasements\CHANNEL F (SICILIANO) D & U EAS 0709.doe EXHIBIT "A" LEGAL DESCRIPTION / DRAINAGE & UTILITIES EASEMENT BASIS OF BEARING REFERENCE: N28°30'27"E, ALONG THE WESTERLY BOUNDARY LINE OF LOTS 173 THRU 175, COACHMAN RIDGE TRACT A-II, PER PLAT BOOK 87, PAGES 57 & 58, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEGIN AT THE MOST WESTERLY CORNER OF LOT 175, COACHMAN RIDGE TRACT A-II, PLAT BOOK 87, PAGES 57 & 58, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLOIRDA, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF OLD COACHMAN ROAD (COUNTY ROAD #32); THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHEAST, BEING THE EASTRLY RIGHT OF WAY LINE OF SAID OLD COACHMAN ROAD (COUNTY ROAD #32, AN ARC DISTANCE OF 22.20 FEET, A CHORD BEARING OF N33°26'50"W, WITH A RADIUS OF 241.95, A CENTRAL ANGLE OF 05°15'26", AND A CHORD DISTANCE OF 22.19 FEET; THENCE N89029'11"E, ALONG A NON-RADIAL LINE A DISTANCE OF 22.49 FEET, TO THE SOUTHWEST CORNER OF LOT 174, COACHMAN RIDGE TRACT A-II, PLAT BOOK 87, PAGES 57 & 58; THENCE S28°30'57"W, ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 175, COACHMAN RIDGE TRACT A-II, PLAT BOOK 87, PAGES 57 & 58, A DISTANCE OF 21.30 FEET, TO THE POINT OF BEGINNING. PARCEL CONTAINS 208.590 SQUARE FEET, 0.0048 ACRES, MORE OR LESS. 99A99 NORTH 12 21/02 u d . joJ5 U Easement r Site Detail De tai/ Scale: 1' -10' M&B 21/02 N 89'29'11" E 22.40' 174 COACHMAN/DGE ? PARK % R m a % %' s ?a h % ?O X0,4 ?0? C-2 ? ry^- ?? ?o ?% 175 9ny 0. P. Q B. For 40 Drainage & Utility Easement CPI 173 174 1717^5 z 01, I GA 4o?c ?G ?,"?? GOB q?sv ?y~ NAND GAP FLINT LOCK DR a cb. ?YrlgH a ?P{ 2 v STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Joseph Siciliano, a single man, whom, being first duly sworn, does depose and say: 1. That he is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: BEGIN at a point 72.5 feet east and 190 feet south of the NW corner of the NE 1/4 of Section 7, Township 29 south, Range 16 East, Pinellas County, Florida, said point being on the east right-of-way line of County Road 32; run thence East, parallel to the boundary of said NE'/4 of the NW'/4 a distance of 402.5 feet to the center of creek or branch; run thence southwesterly along the center of said creek or branch to the easterly right-of-way line of County Road No. 32; run thence Northwesterly and North along the easterly right0of0way of said County Road No. 32 to the POINT OF BEGINNING, less and except any portion thereof lying within the boundary of COACHMAN RIDGE TRACT A-II, and less and except that portion lying within the creek or branch. By Fee Simple Deed from Victoria C. Crowley, joined by her spouse Joseph T. Crowley and Caroline T. Laws Cornish, a single woman, as set forth in Official Record Book 6962, Page 2046, dated March 20, 1989 and recorded March 23, 1989, Pinellas County Records, State of 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") OAlc ti 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 other instruments of security dated February 6, 2008 given in favor of Branch Banking and Trust Company, a North Carolina chartered commercial bank authorized to conduct business in the State of Florida, as recorded in Official Records Book 16168, Pages 93-98, Public Records of Pinellas County, Florida. UAEasements\CHANNEL F (SICILIANO) D & U EAS 0709.doc .W 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. WITNESS Signature r7' 9&Q X' rys<,y WITNESS Printed Name IT SS Signatu _ az re WITNESS Printed Name Sworn to and subscribed to before me this day of 2009. Nota ublic S ate Florid - Print/Type Name Joseph Siciliano My Commission Expires "; EARI, W. BARRETT My ? p pD X181 EXPIRES: Mpy 26, 2012 14'V 0"r Balled Ttuu kW N" Sw*N U:\Easements\CHANNEL F (SICILIANO) D & U EAS 0709.doc