CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING INC (2), . .
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. 0, Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 03-29-15-00000-420-0100
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2010052417 0212612010 at 09:38 AM
OFF REC SK: 16840 PG: 2067-2071
DocType:EAS RECORDING: $44.00
STEVENS CREEK OFFSITE 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 % of the Southeast '/4 of Section 3, Township 29 South, Range 15 East,
Pinellas County, Florida, containing 5599 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 sanitary sewer 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 a sanitary sewer line, 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.
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OFFSITE UTIL EASE 0509.doe
a
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
2- day of 12009.
Signed, sealed and delivered
in the presence of:
Iignature
P ' fitness Name
WITNESS signature
S utlJt?
Print Witness Name
CLEARWATER VOLUNTEERS OF AMERICA
ELDERLY HOUSING, INC., d/b/a Clear Bay
Terrace
By:
Print Name 0. U
Title
STATE OF VIRGINIA :
: ss
Z60NT-Y OF F*tRFAX :
C.*+,f IAtlatarrdr?q
Before me, the undersigned authority, personally appeared q*r' n c?C
as # of Clearwater Volunteers of America Elderly Housing, Inc., a Florida
corporation not for profit, whb-
executed the foregoing instrument on behalf of said corporation on the
aforementioned date, and who acknowledged the execution thereof to be h_ free act and deed for the use and
purposes herein set forth, and who [?ris personally known to me, or who [ ] did provide
as identification.
Notary Public - State of Virginia
Ql-6ylt~OS4
Type/Print Name
My commission expires:3E? ?12611
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OFFSITE UTIL EASE 0509-doe
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 Utility Easement as same shall encumber a portion of the Northwest % of the Southeast
% 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
In the presence of:
Witness signature
b?r?sp
Print itness name
Witn s signature
Print Witness name
UNITED 4WE)S DEP NT OF HOUSING
AND P E T
By:
Title
STATE OF
. ss
COUNTY OF
me
T f re ing iristru was acknowledge efo me thi day of
2009 by , as of the
United States epartment of Housing and Urban Development, mortg a in the above-described lien,
who executed said instrument and acknowledged the executlo hereof to be h_ free act and deed
for the uses and purposes therein expressed, and who [ personally known to me, or who [ ] did
provide as identification
xpires:
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OFFSITE UTIL EASE 0509.doc
f 1 ,
?n i.rrr
LINE TABLE:
LINE BEARING DISTANCE
L1 S 89'12 39" E 8.40'
L2 N 00-11'44" W 15.04'
L3 N 04'23'39" W 35.74'
L4 S 89'49'42" W 8.40'
S.00'1 1'44"E 20.00
P'
P140P0SEp L07 48
w
a
LJ
w
0
LJ
ar
Lu
D-
0
C)
z
Lli
z
PROPOSED
LOT 4s
0
0
PROPOSED
LOT 50
PROPOSED
LOT 51
Z
PROPOSED
STEVENS CREEK SUBDIVISION
PROPOSED
LOT 18
N.89'12'39"W A 504.62'
v
4%
N
W
I? UNPLATTED
mn
N
CJ1
N
-P
L4
S.86'00'00"E 111.D4'
N.86-00 .7 127.32'
UNPL.ATTED
SHEET 1 OF 2
SEE SHEET 2 FOR DESCRIPTION
CUMBEY & FAIR, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
2463 ENTERPRISE ROAD, CLEARWATER. FLORIDA 33763
(727) 797--8982 (CLW) (813) 223-4333 (TPA)
SCALE: 1"= 50' DATE: 04/10/09 DR/CHK: OJS/KCL JOB NO. 018C
w
m
L'
N 0
V7
r-I w I
r7
a zz
w w
N
gl 0
°
z 1,89'36'07"W 13 72.75' zi
I
as a I
0
acX)?
? I
POINT OF REFERENCE
SE CORNER OF
SECTION 3-29--15
50 25 0 50
SCALE IN FEET
SCALE: 1"= 50'
LEGEND:
OR OFFICIAL. RECORDS BOOK
PG PAGE
R/W RIGHT-OF-WAY
SKETCH ONLY-- NOT A SURVEY
STEVENS CREEK
OFFSITE
UTILITY EASEMENT
SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
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a
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 0708'1$" 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
O0'O7'27" 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;. THENCE RUN SOUTH 00'11'44" EAST, A DISTANCE OF 20.00 FEET TO THE
POINT OF BEGINNING; THENCE. RUN SOUTH 89'12'39' EAST, A DISTANCE OF 8.40 FEET', THENCE RUN SOUTH
04723'39" EAST, A DISTANCE OF 252.41 FEET; THENCE RUN NORTH 8FOO'00" WEST, A DISTANCE OF 127.32
FEET TO THE EAST RIGHT-OF-WAY LINE OF PINELAND DRIVE; THENCE RUN NORTH 00'11'44" WEST, ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 15.04 FEET; THENCE RUN SOUTH 86'OO'00" EAST, A DISTANCE OF
111.04 FEET; THENCE RUN NORTH 04!23'39" WEST, A DISTANCE OF 35.74 FEET; THENCE RUN SOUTH
89'49'42" WEST, A DISTANCE OF 8.11 FEET; THENCE RUN NORTH 00'11'44" WEST, A DISTANCE OF 200.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 5599 SQUARE FEET (0.13 ACRES), MORE OR LESS.
NOTES
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 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 ADDMONAL 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.
CERTIFICATION
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-G.7-6-
FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.0270 FLORIDA STATUTES.
FOR CUMBEY & 'FAIR,:-LB 2181
' V-0
KATHLEEN G. LANZNER.-". 5T20
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
2463 ENTERPRISE ROAD, CLEARWATER. FLORIDA 33763
(727) 797-8982 (CLW) (813) 223-4333 (TPA)
SCALE: 1'= 50' DATE: 04/10/09 DR/CHK. OJS/KCL JOB NO. 018C
STEVENS CREEK
OFFSITE
UTILITY EASEMENT
SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
J: Vn-C\0180\Dwq\Survey\OFFSITE.-.ESMTS.DWG - May 18. 2009 0 9: 43am -- mike
?- , 1'
AFFIDAVIT OF NO LIENS
STATE OF VIRGINIA
COUNTY OF FAIRFAX
:SS
BEFORE ME, th undersigned authority, personally appeared ?? ?X
as of Clearwater Volunteers of America Elderly Housing, Inc, a
Florida not for profit corpor on, 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 % of Section 3, Township 29
South, Range 15 East, Pinellas County, Florida, containing 5599 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.)
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 O. R. Book 5408,
Pages 616 - 6256, Public Records of Pinellas County, Florida, together with all
subsequent amendments and modifications thereto.
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.
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OFFSITE UTIL 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 Utility Easement to encumber the above-described
property.
Signed, sealed and delivered
In the presence of:
I - - X
E ignature
Print_Witness Name
WITNESS signaturL6
J ks. ccs "r-5-Q (X t vcc--
Print Witness Name
STATE OF VIRGINIA
CLEARWATER VOLUNTEERS OF AMERICA
ELDERLY HOUSING, INC., d/b/a Clear Bay
Terrace, Clearwater, Florida.
By:
Print Name FCA.A?L*- rr
Title 1?s5 i S7tnc?
: sS
QetNT2f-OF f*tR ft
Crl-y f ?1?aGGi?LOt?:?
The foregoing instrument was acknowledged before me this 70 day of (300be_r-r
2009 by 0. ! IMr: as 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 [ V11's personally known to me,
or who [ ] did provide as identification.
15NOV
My Commission Expires: :56*ie 30 00 it
Notary Public - State of Virginia
Type/Print Name
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OFFSITE UTIL EASE 0509.doc
LINE TABLE:
LINE BEARING DISTANCE
L1 S 89'12'39" E 8.4 0'
N 00'11'44" W 15.04'
! N 04'23'39" W 35.74
L4 S 89'49'42" W 8
40'
. PROPOSED
STEVENS CREEK SUBDIVISION
PROPOSED
LOT 18
N.89'12'39'W su R9'
S.00'1 1'44"E 20.(
PROPOSED POINT OF
LOT 48 BEGINNING
PROPOSED
hi
n,
a
Q
LEI
7
a
LOT 49
p
O
w
PROPOSED
LOT 50
w
z
PROPOSED
LOT 51
1
I
1
I
1
1
I
I
I
1
I
I
I
j
n
p
N N
G'i
LINPLATTED
>s
? m
•- CT1
p N
Z '?
L4
HLt'QO'QO"E 111,04'
N.86-00'00W 127.32'
UNPLATTED
SHEET 1 OF 2
SEE SHEET 2 FOR DESCRIPTION
LEGEND.
OR OFFICIAL RECORDS BOOK
PG PAGE
R/W RIGHT-OF-WAY
SKETCH ONLY- NOT A SURVEY
CUMBEY & FAIR, INC. STEVENS CREEK
CONSULTING ENGINEERS AND LAND SURVEYORS OFFSITE
2463 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33763 UTILITY EASEMENT
(727) 797-8982 (CLW) (813) 223-4333 (TPA)
SCALE: 1 50' DATE: 04/10/09 DR/CHK: OJS/KCL JOB NO. 0180 SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
w
Z
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w
c? 0
1!7
dl N
I I
M
a Q
NI ? w
(n
CD
0 b
0
ML N,89'36'07"W 1372.75'
z
P- I a
c2a I
b
bL
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I
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z
INT OF REFERENCE
CORNER OF
:
SECTION
3-29-15
50 25 0 50
F-4 SCALE IN FEET
SCALE: 1"= 50'
J: \jn-C\018C\Dwg\Survey\OFFSITE_ESMiS.DWG - Mqy 18, 2009 0 9: 42.um - mike
I?ESCRIPTION
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 89'36107" 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; THENCE RUN SOUTH 00'11'44" EAST, A DISTANCE OF 20.00 FEET TO THE
POINT OF BEGINNING; THENCE RUN SOUTH 89-12-39- EAST, A DISTANCE OF 8.40 FEET, THENCE RUN SOUTH
04'23'39" EAST, A DISTANCE OF 252.41 FEET; THENCE RUN NORTH 86'00'00" WEST, A DISTANCE OF 127.32
FEET TO THE EAST RIGHT-OF-WAY LINE OF PINELAND DRIVE; THENCE RUN NORTH 00'11'44" WEST, ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 15.04 FEET; THENCE RUN SOUTH 86'00'00° EAST, A DISTANCE OF
111.04 FEET; THENCE RUN NORTH 04'23'39" WEST, A DISTANCE OF 35.74 FEET; THENCE RUN SOUTH
89'49'42" WEST, A DISTANCE OF 8.11 FEET; THENCE RUN NORTH 00'11'44" WEST, A DISTANCE OF 200.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 5599 SQUARE FEET (0.13 ACRES), MORE OR LESS.
N-- OTE
1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF SECTION 3-29-15. SAID LINE BEARS
N.00'08'1 8"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.
LfJ3TIEIQAiIQU
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 & FAIR, LS 2168
FLORIDA REGISTERED SU OR
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
2483 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33783
(727) 797-8982 (CLW) (813) 223--4333 (TPA)
SCALE: 1 50' DATE: 04/10/09 DR/CHK: OJS/KCl JOB NO, 018C
STEVENS CREEK
OFFSITE
UTILITY EASEMENT
SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
J: \In-C\01 13C\Dwg\Survcy\OFFSITE.-ESMTS.DWG - May 18, 2009 0 9: 43om - mlko