Loading...
CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING INC Return to- Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 03-29-15-00000-420-0100 KEN BURKE, CLERK OF COURT pINELLAS COUNT`( FLORIDA INST" 2010052416 02PG122062 2066 8 AM OFF REC BK. 16840 om-rype-.EAS RECORDING: '00 STEVENS CREEK OFFSITE DRAINAGE & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING, INC., a Florida not-for profit corporation, d/b/a Clear Bay Terrace, whose principal place of business is 1660 Duke Street, Alexandria, Va. 22314 - 3473 ("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: That portion of the West 1/2 of the Southeast'/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, containing 153 square feet, more or less; and being more particularly described and depicted in that certain 2-page parcel sketch and description appended hereto and by this reference made a part hereof ("Easement Premises") This easement is for drainage and utility 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 drainage infrastructure and facilities appurtenant thereto (collectively, "utility"), and to inspect and alter such utility 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. C:Oocuments and SettingsUEsquivel\Local Settings7emporary Internet Files\Content.0utlook\AOA9938H\CLW VOA OFFSITE DU EASE 0509.doc In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the utility 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 utility, and shall at its sole cost and expense reconstruct Grantee's utility within the alternate easement. Upon completion of the utility 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, United States Department of Housing and Urban Development, should fail to timely consent to and join with Grantor in conveyance of easement described herein, and further subordinate its right, title and interest in and to the herein described property and 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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of ??? 2009. Signed, sealed and delivered in the presence of: WISE signature Print Witness Name WfTNESS siUnatureC/ ?Su S c.?t Ut Print Witness Name CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING, INC., d/b/a Clear Bay Terrace By: ?w? Print Nagle _P_akn dr- S er" v?_ Title 5 -s avr, ccrar STATE OF VIRGINIA : : ss eeUNT-Y OF FARM A7C Qi4? AkbWWe?a- Before me, the undersigned authority, personally appeared Pc&rC K 5hej-1'c(aK as of Clearwater Volunteers of America Elderly Housing, Inc_, a Florida corporation not for prof ft, who executed the foregoing instrument on behalf of said corporation on the aforementioned date, and who acknow dged the execution thereof to be h free act and deed for the use and purposes herein set forth, and who [ is personally known to me, or who [ ] did provide as identification. Ain?e 75 -- Notary Public - State of Virginia 1" Cb.50 TypelPrint Name My commission expires:'T1m M,10I I C.\Documents and SettingsUEsquivel\Local Setting s\Temporary Internet Files\Content.Outlook\AOA993BH\CLW VOA OFFSITE DU EASE 0509.doc CONSENT & JOINDER The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage Agreement and other instruments of security dated September 30, 1982 given in favor of the United States Department of Housing and Urban Development, as recorded in O. R. Book 54082, Pages 616 - 625 of the public records of Pinellas County, Florida, together with- all subsequent amendments and modifications thereto; does hereby join with Grantor and consents to the grant of easement as conveyed in the herein described Stevens Creek Offsite Drainage & Utility Easement as same shall encumber a portion of the Northwest % of the Southeast Y of Section 29 South, Range 15 East, Clearwater, Pinellas County, Florida and 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 UNITED ST In the presence of: A:Tz A? LL" By: Witness signature Print ame Title Print Witness name /Lztl? Wltneps signature Print Witness name STATE OF Zflfi?r ss COUNTY OF S DEPARTMENT OF HOUSING Th f rego' instr as acknowledge efo me this Mdday of 2009 by 1A A \h LJt4Laa1L_-- , as of the United States partment of Housing and Urban Development, mortgag in the above-described lien, who executed said instrument and acknowledged the execution thereof to be h_ free act and deed for the uses and purposes therein expressed, and who [ ersonally known to me, or who [ ] did provide as identification. - Sate of nt Name My Commission Expires: N IwIARLA RANDALL MY COMMISSION # DD 540159 " "- 2010 it EXPIRES: Bonded Thru Notary pnublic Underwriters Rf ' F ACADocuments and SettingsUEsquivel\Local Settings\Temporary Internet Files\Content.Outlook\AOA993BH\CLW VOA OFFSITE DU EASE 0509.doc LINE TABLE; LINE BEARING DISTANCE L1 S 8912'39" E 6.92 L2 S 04'23'39" E 20.08' L3 N 89'12'39" W 8.40' Lt :: J 00'11'44" W 20.00 LEGEND: OR OFFICIAL RECORDS BOOK PG PAGE R/W RIGHT-OF-WAY 20 10 0 20 SCALE IN FEET SCALE: 1 20' PROPOSED STEVENS CREEK SUBDIVISION 10' VMAY EAS04w Uq 5415 189) -? -4- PROPOSED LOT IS POINT OF I 15' DPANACE EASIMIEM (OR 8531 PC 2350) BEGINNING I Lh I-- A 10' ORIY EA$E>,1EW PPA (( 11 I N.89'12'39 1j UNPLATTED I L3 PROPOSED LOT 48 I I I tW E/1!?YF]If w m c`?} 0 'r) I 41 ? LLI N I ? ? 0 s 0 I? a o 0 of 2i N.$9'36'07"W 1372,75' co-c' I o ouw? o a0 I? z I POINT REFERENCE SE CORNER OF SECTION 3-29--15 SHEET 1 OF 2 SEE SHEET 2 FOR DESCRIPTION SKETCH ONLY-- NOT A SURVEY CUMBEY & FAIR, INC. STEVENS CREEK CONSULTING ENGINEERS AND LAND SURVEYORS OFFSITE DRAINAGE & UTILITY 2463 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33763 EASEMENT (727) 797-8982 (CLW) (813) 223-4333 (TPA) SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST SCALE: 1'- 20' DATE: 04/10/09 DR/CHK: OJS/KCL JOB NO. 0180 PINELLAS COUNTY, FLORIDA J: \jn--C\018C\Dwg\5urvey\OFFSITE_ESMTS.DWG - May 18, 2009 0 9:42arn - mike r i THAT PORTION OF THE WEST 1 /2 OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST; THENCE RUN NORTH 00'08'18" WEST, ALONG THE EASTERLY LINE OF SAID SECTION 3, A DISTANCE OF 858.00 FEET; THENCE RUN NORTH 89'36`07" WEST, A DISTANCE OF 1372.75 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BETTY LANE (60' RIGHT-OF--WAY); THENCE RUN NORTH 00'07'27" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1057,22 FEET; THENCE RUN NORTH 89'12'39" WEST, A DISTANCE OF 504.62 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89'12'39" EAST, A DISTANCE OF 6.92 FEET; THENCE RUN SOUTH 04'23'39' EAST, A DISTANCE OF 20.08 FEET; THENCE RUN. NORTH 89'12'39" WEST, A DISTANCE OF 8.40 FEET; THENCE RUN NORTH 00'11'44' WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 153 SQUARE FEET (0.0035 ACRES), MORE OR LESS. IL 1NOIBEAREINGGS SHOWN HEREON ARE BASED ON THE EAST UNE OF SECTION 3-29-15. SAID LINE BEARS N.00'08' 18"W. 2. LEGAL DESCRIPTION PREPARED BY CUMBEY & FAIR, INC. 3. THE SKETCH SHOWN HEREON WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND IS SUBJECT TO ANY AND ALL RECORDED OR UNRECORDED EASEMENTS, RIGHTS--OF--WAY, RESTRICTIONS ETC, THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 4, THIS IS A SKETCH OF DESCRIPTION ONLY, NOT A BOUNDARY SURVEY. CERIIFIQATI I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61-G17-6 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR CUMBEY ds FAIL. LB 2168: FLORIDA REGISTERED SURVEYOR NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET 2 OF 2 SKETCH ONLY- NOT A SURVEY CUMBEY & FAIR, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 2463 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33763 (727) 797-8982 (CLW) (813) 223--4333 (TPA) SCALE: 1"= 20' DATE: 04/10/09 DR/CHK: OJS/KCL JOB NO. 018C J! \jn-C\01 80\Dwg\Survey\OFFSITE-ESMTS.DWG -- May 18, 2009 0 9: 42am - mike STEVENS CREEK OFFSITE DRAINAGE & UTILITY EASEMENT SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA AFFIDAVIT OF NO LIENS STATE OF VIRGINIA COUNTY OF FAIRFAX :ss BEF RE ME, he undersigned authority, personally appeared ' Q!,] as of Clearwater Volunteers of America Elderly Housing, Inc., a Florida not for profit cor ration, d/b/a Clear Bay Terrace, Clearwater, Florida, whom, being first duly sworn, does depose and say: That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: That portion of the West % of the Southeast '/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, containing 153 square feet, more or less; and being more particularly described and depicted in that certain 2-page parcel sketch and description appended hereto and by this reference made a part hereof ("Easement Premises") 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.) MAW- 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 Agreement and other instruments of security dated September 30, 1982 given in favor of the United States Department of Housing and Urban Development, as recorded in 0. R. Book 5408, Pages 616 - 6256, Public Records of Pinellas County, Florida, together with all subsequent amendments and modifications thereto. 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. C:Documents and Setting s\JEsquivellocal Settings\Temporary Internet Files\Content.0utlook\AOA993BH\CLW VOA OFFSITE DU EASE 0509.doc 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 the Stevens Creek Offsite Drainage & Utility Easement to encumber the above-described property. Signed, sealed and delivered In the presence of: ES signature itness Name 57- Pa"w01-1?_ WITNESS signatur _ _, '-_U s , ?SG?t c c t/?L. Print Witness Name CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING, INC., d/b/a Clear Bay Terrace, Clearwater, Florida. BY: Print Name r?1e e Title STATE OF VIRGINIA : : ss GIBUN ?Y OFFArIRFAOC C i f e 0. The foregoing instrument was acknowledged before me this 20 day of 0045bC= 2009 by 19m+rti $Mr i Q cjn as Afrbl r of Clearwater Volunteers of America Elderly Housing, Inc., who executed the foregoin instrument on behalf of said corporation, and who acknowledged the execution thereof to be h_ free act and deed for the uses and purposes therein expressed, and who [%4 is personally known to me, or who [ ] did provide as identification. i 6z_ . My Commission Expires: -SunC 301 20 1t Notary Public - State of Virginia WngaiDa=Q Type/Print Name C Documents and SettingsUEsquiveRt-oval Settings\Temporary Internet Files\Content.OutlookW0A993BH\CLW VOA OFFSITE DU EASE 0509.00C LINE TABLE: LINE BEARING DISTANCE L1 S 89'12'39" E 6.92' L2 S 04'23'39" E 20.08' L3 N 89' 12'39" W 8.40' L4 N 00'11'44" W 20.00' LEGEND: OR OFFICIAL RECORDS BOOK PG PAGE R/W RIGHT--OF-WAY 20 10 0 2.0 v SCALE IN FEET SCALE: 1 "- 20' PROPOSED STEVENS CREEI( SUBDIVISION 10' U11UN EASEME?1T PO 99) I POINT OF 1 BEGINNING I I h 10' DRS WE EArENT (P U) PROPOSED L3 LOT 48 1 SHEET 1 OF 2 SEE SHEET 2 FOR DESCRIPTION PROPOSED LOT 18 15' DRMNAGE EASMENT (0R 8931 PG 4350) N.89'1 2' UNPIATTED 19' PWif'vsENr CUMBU & FAIR, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 2463 ENTERPRISE ROAD. CLEARWATER. FLORIDA 33763 (727) 797--8982 (CLW) (813) 223--4333 (TPA) SCALE: 1 20' 1 DATE: 04/10/09 I DR/CHK: OJS/KCL I JOB NO. 018C w M w T I ? or 0 z ? I F N N o 0 ;Q N,89'36'07"W 1372,75' ULJ IJ a I 00 °uq o : I POINT OF REFE SE CORNER OF RENCE SECTION 3---29- 15 SKETCH ONLY-- NOT A SURVEY STEVENS CREEK OFFSITE DRAINAGE & UTILITY EASEMENT SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 FAST PINELLAS COUNTY, FLORIDA J: \jn-C\018C\Dwg\Survey\OFFSITE_CSMTS-OWG - May 18, 2009 * 9:42am -- mike DESCRI PTION THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST; THENCE RUN NORTH 00'08'18" WEST, ALONG THE EASTERLY LINE OF SAID SECTION 3, A DISTANCE OF 858.00 FEET; THENCE RUN NORTH 89'36'07" WEST, A DISTANCE OF 1372.75 FEET TO A POINT ON THE WEST RIGHT-OF--WAY LINE OF BETTY LANE (60' RIGHT-OF-WAY); THENCE RUN NORTH 00'07'27" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1057.22 FEET; THENCE RUN NORTH 89'12'39" WEST, A DISTANCE OF 504.62 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89'12'39" EAST, A DISTANCE OF 6,92 FEET; THENCE RUN SOUTH 04'23'39" EAST, A DISTANCE OF 20.08 FEET; THENCE RUN NORTH 89'12'39" WEST, A DISTANCE OF 8.40 FEET; THENCE RUN NORTH 00'11'44" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 153 SQUARE FEET (0.0035 ACRES), MORE OR LESS. NOTE 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 3--29-15. SAID LINE BEARS N.00'08' 18"W. 2. LEGAL DESCRIPTION PREPARED BY CUMBEY & FAIR, INC. 3. THE SKETCH SHOWN HEREON WAS PREPARED WTHOUT THE BENEFIT OF A TITLE COMMITMENT AND IS SUBJECT TO ANY AND ALL RECORDED OR UNRECORDED EASEMENTS, RIGHTS--OF-WAY, RESTRICTIONS ETC. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 4. THIS IS A SKETCH OF DESCRIPTION ONLY, NOT A BOUNDARY SURVEY. CE[3TIFIC6IION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61-017--6 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR CUMBEY & FAIR, LB 2168 (A4 ? , FLORIDA REGISTERED SURVEYOR NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET 2 OF 2 SKETCH ONLY-- NOT A SURVEY CUMBEY & FAIR, INC. CONSULTING ENGINEERS AND LAND SURVEYORS IE 2463 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33763 (727) 797-8982 (CLW) (813) 223--4333 (TPA) SCALE: 1"a 20' 1 DATE: 04/10/09 1 OR/CHK: OJS/KCL I JOB NO. 018C J: \jn-C\018C\Dwg\Survcy\OFFSITE_ESMTS.DWG - May 18, 2009 0 9: 42am - mlk© STEVENS CREEK OFFSITE DRAINAGE & UTILITY EASEMENT SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 FAST PINELLAS COUNTY, FLORIDA os??