LARRY AND MARY MCDONALD
1 1
Return to:
Earl Barrett
Engineering Department. .
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 33-28-16-74277-000-0120
RECLAIMED WATER MAIN & UTILITIES EASEMENT
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
1NST# 200241495 0812612010 at 03:45 PM
OFF REC K: EA RECORDING: 1$35.50
DocType Ype-FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, Larry McDonald and
Mary McDonald, husband and wife, 2273 Steven Street, Clearwater, Florida 33759-1423 ("Grantors") do
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:
THE EAST FIVE FEET (5') of Lot 12 of RENAISSANCE OAKS, according to the Plat thereof
as recorded in Plat Book 133, Pages 3-7 of the Public Records of Pinellas County, Florida,
as depicted in EXHIBIT "A", appended hereto and by this reference made a part hereof
("Easement Premises")
This easement is for reclaimed water main and appurtenant utilities ("service facilities") 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 such service facilities, and to inspect and alter same
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 Grantors that it shall maintain
reasonable access to Grantors abutting property at all times during the exercise of rights granted herein. 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. It is expressly understood that
Grantors reserve all rights of ownership of the Easement Premises not inconsistent with the easement rights
granted herein. Grantee further represents and warrants that it shall diligently pursue the completion of all work
related to this project and complete all matter in a timely manner.
Grantors warrant and covenant with Grantee that they are owners of fee simple title in and to the herein
described Easement Premises, and that Grantors have 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.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantors 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:\Documents and Settings\GM.HOMEOFFICE\Lacal Settings\Temporary Intsmet
Flles\Content.outlook\MKVX17Y9\MCDONALD RECLAIM WM EAS 0410 (2).doc
This easement is binding upon the Grantors, the Grantee, their respective 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 hereto, or by abandonment of the easement premises by Grantee, whereupon
in each such instance this easement shall terminate and become null and void in all respects as though it had
never been granted.
1 IN WITNESS WHEREOF, the undersigned grantors have caused these presents to be duly executed this
day of M {}{Z C A}- _-, 2010.
Signed, sealed and delivered
In the presence of:
ITN signature L McDonald
Print Witness Name
6iA? 9. 4"
V1(TNESS signature
0rr4 ' e s 6Ltr1a -
Print Witness Name .J
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
arycDonald
Before me, the undersigned authority, personally appeared Larry McDonald, a married man, who
executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed for
the use and purposes herein set forth, and who [ y ] is personally known to me, or who [ ] produced
as identification.
Notary Public - State of Florida
Type/Print Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
My commission expires:
ARLINE F. THISODEAUNotary PuM - State of Fbft
CORWAi" ExpW" Apr 15.2010
corrr "On I>k DD Si5W
nded By Naomi Notem
A
E'V'V'e
Before me, the undersigned authority, personally appeared Mary McDonald, a married woman,
who executed the foregoing instrument, and who acknowledged the execution thereof to be her free act and deed
for the use and purposes herein set forth, and who [ )(] is personally known to me, or who [ ] produced
as identification.
Notary Public - State of Florida
??l,cJc-T /? !?/IBOUL? t)
Type/Print Name
CADocuments and Settings\GM.HOMEOFFICE\Lacal Settings\Temporary Intemet
Files\Content.Outlook\MKVXI7Y9\MCDONALD RECLAIM WM EAS 0410 (2).doc
My commission expires:
.? ~OY p ARLINE F. THIBODEAU
$: Notary Public - State of Fbdda
1* Commission Expires Apr 15, 2010
?R ?? COmn*slon # DD 515952
Bonded By Naomi Notary Assn.
CONSENT & JOINDER
The undersigned Lien holder, owner and holder of an equitable interest in the real property described herein as
referenced in that certain Mortgage and other instruments of security dated August 30, 2007 by and between Larry
McDonald and Mary McDonald, husband and wife, and undersigned Lien holder, as same is recorded in O.. R. Book
115962 Pages 2252 - 2270 of the. public records of Pinellas County, Florida; does hereby join with aforesaid Grantors
and hereby consents to the grant of easement to the City of Clearwater as conveyed in the herein described Reclaimed
Water Main & Utilities Easement as same shall encumber the east five feet (5') of Lot 12 of RENAISSANCE OAKS
according to the Plat thereof recorded in Plat Book 133, Pages 3-7 of the Public Records of Pinellas County, Florida, as
depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("Easement Premises"), and
Mortgagee 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
W' ne igna e
rint itness name .
Witness signatur
_ ??ror1 ?3r??s - - -
Print Witness name
STATE OF -X>?
COUNTY OF CQLLII•)
: SS
BANK OF AMERICA, N.A., successor by
mer er with Countrywide Bank, FSB
By: /. 4144 IE A?
Print ame
Title V;4._ P S 180_.
The foregoing instrument was acknowledged before me this kZ-O`day of aLA Y ,
2010 by pa-Vin n L , as V l Ce_ PirZs1`d c a-_-1! of Bank of
America, N. A., successor by merger with Countrywide Bank, FSB, lien holder in the above-described lien, who
executed this instrument on behalf of said entity, and acknowledged *e execution.thereof to be her free act
and deed for the uses and purposes therein expressed, and who is personally known to me or who [ ] did
provide as identification.
M Commissio c ' e .
Notary Ic -State of TZ)CA
Yvette COria YVE"E CORIA
Type Print Name My Cornmisslon Expires
February 13, 2012
6
are (1VF
U:\Easements\MCDONALD RECLAIM WM EA5 0410.doc
M
W
Y
n
0
D
0
4-0
a
C)
NORTH
II
?v y!
Reclaimed Water
. & utilities
Easemen t
? ? - -RATRFEI4'-PtACf - -
ICI
? I
I?I
Scale.- I 'N=so• EXHIBIT "A"
This is _n_Qj o survey
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:SS
COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared Larry McDonald and Mary
McDonald, husband and wife, whom, being first duly swom, do depose and say:
That they are the owners of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
Lot 12 of RENAISSANCE OAKS, according the Plat thereof as recorded in Plat
Book 133, Pages 3-7 of the Public Records of Pinellas County, Florida.
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 eptry, 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 in that certain Mortgage and other
instruments of security dated August 30, 2007 given in favor of Countrywide Home
Loans, Inc., a Delaware corporation (now a part of Bank of America, N.A., its successor
by merger) as recorded in O. R. Book 15962, Pages 2252 - 2270, Public Records of
Pinellas County, Florida.
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.
C:\Documents and Settings\GM.HOMEOFFICElocal Settings\Temporary Interne(
Flles\Content.0utlook\MKVX17Y9\MCDONALD RECLAIM WM EAS 0410 (2).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 a reclaimed water main and utilities easement to encumber the above-
described property.
Signed, sealed and delivered
In the presence of:
WITNE S signaturf /
4, 7 ?
Print Witness Name
Irv 'A
v- '4 n s • ? O u t3Q
Print Witness Name
L cDonald
ry McDonald
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
The foregoing instrument was acknowledged before me this -3/ sxday of
i?9lr9 Irf _, 2010 by Lary McDonald and Mary McDonald, husband and wife,
who did execute the foregoing instrument and who acknowledged the execution thereof to be
their free act and deed for the uses and purposes therein expressed, and who [)(] are
known to me, or who [ ] did each produce
as identification.
Xd;;14
? My Commission Expires:
Notary Public - State of Florida
< r MaZ) try
Type/Print Name.
AKLM F TM WU-
No
tary pu*.Stye or Fbride
Coft? E*"
$Sbbn # DD 5115,101
COft"W 515M
Bonow By Natbnal
ry Assn.
CADocuments and Settings\GM.HOMEOFFICE\Local Settings7ernporary Internet
Files\Content.OutlookWIKVX17Y9WICDONALD RECLAIM WM EAS 0410 (2).doc