440 WEST INCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
RE: Parcel No. 07-29-15-29246-000-0001
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST#F 2010228922 08/13/2010 at 10:54 AM
OFF REC BK: 17001 PG. 339342
DocType:EAS RECORDING: $35.50
D DOC STAMP: $0.70
11 FIRE HYDRANT & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt
of which is hereby acknowledged, and the benefits to be derived therefrom,
440 WEST, INC., a Florida not-for-profit corporation
4150 Woodlands Parkway, Palm Harbor, Fl. 34685
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive 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 440 WEST, a condominium, as recorded in Condominium Plat Book 22,
Page 27, of the 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.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary a fire hydrant,
potable and irrigation water lines and all related utilities (the "facilities"). Grantee shall have full
authority to inspect and alter all facilities from time to time within said easement premises. In the time-
to-time exercise of rights granted herein Grantee shall in every instance restore all physical impacts to
the easement premises to equal or better condition as existed prior to the exercise of such rights.
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.
It is expressly understood that Grantor reserves unto itself 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 employees, agents,
contractors and/or invitees use and occupation of the easement premises. However, nothing
U:\Easements\FOUR FORTY WEST FIRE HYDRANT & UTIL EAS.02I0.doc
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.
This easement is binding upon the Grantor, the Grantee, their 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 c9 day of -...1 l n? , 2010.
Signed,
in the b
?WITN
and delivered
of:
Print Witness N
1, -
WITNESS sl ur
rnal ??I w` _ . ?v??? I 1
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
440 WEST, INC., a Florida not-for-profit corporation
By:
D Zi ski, President
The foregoing instrument was acknowledged before me this(:2 2_ day of J
2010 by Detlef Zielinski, as President of 440 WEST, INC., a Florida not-for-profit corporation, who
executed the foregoing instrument personally and on behalf of said corporation, and who
acknowledod the execution thereof to be his free act and deed for the uses and purposes therein
expressed.-
My Commission Expires:
No Wry Public -State of Florida
I-) LA,-) ci?_ s h 4?u
Type/Print Name
[ vtVersonally Known
[ ] Produced Identification
Type of Identification Produced
?off Notary Public State of Florida
Jean Washburn
My Commission DD989004
?$oF?p Expires 05/05/2014
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EAS.0210.doc
EXHIBIT '"A"
Legal Description
BASIS OF BEARING REFERENCE: S68055'27"W, ALONG THE NORTHERLY
BOUNDARY LINE OF 440 WEST, A CONDOMINIUM, AS RECORDED IN
CONDOMINIUM PLAT BOOK 22, PAGE 27, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
THAT PORTION OF 440 WEST, A CONDOMINIUM, AS RECORDED IN
CONDOMINIUM PLAT BOOK 22, PAGE 27, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBES AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF 440 WEST, A CONDOMINIUM,
AS RECORDED IN CONDOMINIUM PLAT BOOK 22, PAGE 27, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG A CURVE TO
THE LEFT, CONCAVE TO THE NORTHEAST, BEING THE WESTERLY RIGHT OF
WAY LINE OF SOUTH GULFVIEW BOULEVARD, FORMERLY KNOWN AS GULF
VIEW BOULEVARD (PER PLAT), AN ARC DISTANCE OF 76.13 FEET, A
CENTRAL ANGLE OF 5°08'59", WITH A RADIUS OF 847.00 FEET, A CHORD
BEARING OF S30°50'08"E, AND A CHORD DISTANCE OF 76.10 FEET, TO THE
POINT OF BEGINNING; THENCE CONTINUE ALONG A CURVE TO THE LEFT,
CONCAVE TO THE NORTHEAST, BEING THE WESTERLY RIGHT OF WAY LINE
OF SOUTH GULFVIEW BOULEVARD, FORMERLY KNOWN AS GULF VIEW
BOULEVARD (PER PLAT), AN ARC DISTANCE OF 6.00 FEET, A CENTRAL
ANGLE OF 0024'21", WITH A RADIUS OF 847.00 FEET, A CHORD BEARING OF
S33°35'57" E, AND A CHORD DISTANCE OF 5.995 FEET; THENCE DEPARTING
SAID WESTERLY RIGHT OF WAY LINE OF SOUTH GULFVIEW BOULEVARD,
ALONG A LINE RADIAL TO SAID CURVE S56011'02"W, A DISTANCE OF 5.00
FEET; THENCE N33°3649"W, A DISTANCE OF 6.035 FEET; THENCE ALONG A
LINE RADIAL TO SAID CURVE N56°35'23"E, A DISTANCE OF 5.00 FEET, TO
THE POINT OF BEGINNING.
Scale: 1 "-200'
This is aot c survey
CURVE TABLE
CURVE LENGTH DELTA RADIUS CH.
C1 76.13' 5'08'59" 847.00' S30'S0'08"E 76.10'
C2 6.00' 0'24'21" 847.00' S33'35'57'E 5.995'
w
0
c
Northerly Boundary Line
Of 440 West. A Condo.
Basis of Bearing
Reference S 68'55'27" W
P. O. B.
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P. D. C. Detail Ins
52? C?e< G1 cti
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440 WEST
A CONDOMINIUM J
\ 22-27
P. O B. = Point Of Beginning `
P.O.C. = Point Of Commencement
EXHIBIT "A" NORTH
FlFT}?
BEARING CHORD
s
f`y
CITY OF CLEARWATER. FLORIDA
ENGINEERING DEPARTMENT
440 SOUTH GULFVIEW BLVD. W MG-16
o?am n UTIUTY EASEMENT war
R.lL 1 OF 1
AFFIDAVIT OF NO LIENS_ I
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
BEFORE ME, the undersigned authority, personally appeared Detlef Zielinski, as
President of 440 WEST, INC., a Florida not-for-profit corporation, 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:
440 WEST CONDOMINIUM common elements, according to the map or
plat thereof as recorded in Condominium Plat Book 22, Page 27, Public
Records of Pinellas County, 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."
If no entry, it will be deemed that "NONE" has been entered)
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)
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.
6. That there are no outstanding sewer service charges or assessments payable to
any government.
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«,
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.
sue , vdZ?
5'r -7
WITNES8 Printed
WITNESS Signatuk
c
WITNESS Printed Name
By_ i
D ie ski, President
Sworn to and subscribed to before me this' a- day of ?.,Lk_k.c,\
.-2010.
?. G1_ cx?_ A-4
t9 _'ublic - State of Florida
Jea C fir. fl_? OL Sy+6Xr r\
Print/Type Name
My Commission Expires
a?j Notary Public State of Florida
Jean Washburn
My Commission DD989004
Expires 05/05/2014
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EAS.0210Aoc