DENNIS H & JACQUELINE L HENEGARReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 15-29-15-56052-000-0050
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 201028233A 10/0612010 at 11:11 AM
OFF REC BK: 17050 PG: 591-595
DocType:EAS RECORDING: $44.00
SIDEWALK & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Seven Thousand Five Hundred and ---
NO/100's---Dollars ($7,500.00) in hand paid, the receipt of which is hereby acknowledged, and
the benefits to be derived therefrom,
Dennis H. Henegar and Jacqueline L. Henegar, husband and wife
C/o Douglas Manufacturing, 1115 Cleveland St., Clearwater, Fl. 33755-4808
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation ("Grantee"), perpetual easement over, under, across and through
the following described land lying and being situate in the County of Pinellas, State of Florida, to
wit:
A portion of Lot 5, and a portion of the east 47 feet of Lot 4, MATTISON SQUARE
SUBDIVISION, as recorded in Plat Book 5, Page 66, of the public records of Pinellas
County, Florida, being more specifically described and depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof.
This easement is granted for installation and maintenance of a public sidewalk and
underground utilities.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct, install and maintain thereon such sidewalk and
underground utilities and to inspect and alter and/or replace same from time to time.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the
herein described easement premises, 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 or
Grantee's employees, agents, contractors and/or invitees use and occupation of the easement
U:\Easements\HENEGAR SW & UTIL EAS 0410.doc
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.
This easement herein granted, and the covenants and restrictions hereby imposed, shall
be easements, restrictions and covenants running with the land, intended where appropriate to
bind the Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a
conveyance of the Grantor's property or any portion thereof, shall be bound by the terms,
provisions or conditions of this Grant of Easement, as if said person, firm or entity were original
parties hereto. 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 ?_ , 2010.
Signed, sealed and delivered
in the sence
IT
.NESS sIg
Print Witness Name
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WITNESS signs re
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Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS :
ss
Dennis H. Henegar
Jacqueline L. Hene r
The foregoing instrument was acknowledged before me this Z7day of
2010 by Dennis H. Henegar, a married man, who executed the foregoing instrum t, and who
acknowledged the execution thereof to be his free act and deed for the uses and purposes
therein expressed, and who [ ] is personally known to me, or who [ X ] produced
./4-01zldA -71)vi/&2-.'s' /6[FA4e as identification.
Notarv-Public -
Type/Print Name
My Commission Expires:
eotµr •? EAFLW. MWE1T
* 0* MY COWAN t DD 759181
EXPIRES: Mey 28, 2012
??tOF FY B0fl* TWU DJ* Nagy SMrl"
WEasemenWHENEGAR SW & UTIL EAS 0410.doc 2
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
The foregoing instrument was acknowledged before me this //-"*- day of ,
2010 by Jacqueline L. Henegar, a married woman, who executed the foregoing in ument, and
who acknowledged the 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 [?C ] produced
/`t?'Wjk a '25&'vefs Z;"7g'kCF- as identification.
Public -
Type/Print Name
My Commission Expires:
?`;? •":?eEARI. W. BARRETT
* * MYWW18 MIDD759181
EXPIRES: May A 2012
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UAEasements\HENEGAR SW & UTIL EAS 0410.doe
EXHIBIT "A"
Legal Description
BASIS OF BEARING REFERENCE: S89°44'26"E, ALONG THE CENTER LINE OF
CLEVELAND STREET, PER WARRANTY DEED BOOK 1564, PAGE 471, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
THAT PORTION OF LOT 5, AND THAT PORTION OF THE EAST 47 FEET OF LOT
4, MATTISON SQUARE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE
66, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; LESS AND
EXCEPT THE NORTHERLY PORTION OF SAID LOTS, WHICH IS DEEDED RIGHT
OF WAY, PER WARRANTY DEED BOOK 1564, PAGE 471, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 1, MATTISON SQUARE
SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 66, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S00°00'18"E, ALONG
THE WEST BOUNDARY LINE OF SAID LOT 1, ALSO BEING THE EASTERLY
RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING JR. AVENUE,
FORMERLY KNOWN AS SOUTH GREENWOOD AVENUE, A DISTANCE OF 24.72
FEET, TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY
LINE OF CLEVELAND STREET, PER WARRANTY DEED BOOK 1564, PAGE 471,
OF THE PUBLIC RECORDS OF PINELLAS, COUNTY, FLORIDA; THENCE
S89044'26"E, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND
STREET, PER SAID WARRANTY DEED, A DISTANCE OF 155.00 FEET, TO A
POINT ON THE WEST BOUNDARY LINE OF THE EAST 47.00 FEET OF LOT 4,
MATTISON SQUARE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE
66, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT
ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE S89044'26"E,
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND STREET, A
DISTANCE OF 102.00 FEET, TO A POINT OF INTERSECTION WITH THE EAST
BOUNDARY LINE OF LOT 5, MATTISON SQUARE SUBDIVISION, AS
RECORDED IN PLAT BOOK 5, PAGE 66, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING THE WESTERLY
RIGHT OF WAY LINE OF SOUTH WASHINGTON AVENUE, PER SAID
WARRANTY DEED; THENCE S00°00'18"E, ALONG SAID EAST BOUNDARY
LINE OF LOT 5, ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF SOUTH
WASHINGTON AVENUE, A DISTANCE OF 7.00 FEET; THENCE N89044'26"W,
ALONG A LINE PARALLEL WITH THE SOUTHERLY RIGHT OF WAY LINE OF
CLEVELAND STREET, A DISTANCE OF 102.00 FEET, TO A POINT OF
INTERSECTION WITH SAID WEST BOUNDARY LINE OF THE EAST 47.00 FEET
OF LOT 4; THENCE N00°00'18"W, ALONG SAID WEST BOUNDARY LINE OF
THE EAST 47.00 FEET OF LOT 4, A DISTANCE OF 7.00 FEET, TO THE POINT
OF BEGINNING.
Scale: 1 "-=50' j,
This is not a survey EXHIBIT NORTH
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CLEVELAND STREET Basis of Bearing Reference S 89'44'26" E
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I S 89'44'26" E 155.00' S 89'44'26"' E 102.00'
Southerly R/W Line
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
BEFORE ME, the undersigned authority, personally appeared Dennis H.
Henegar and Jacqueline L. Henegar, husband and wife, whom, being first duly sworn,
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:
MATTISON SQUARE, the East 47 feet of Lot 4, LESS Street, and all of Lot 5
LESS Street on the North, according to the plat thereof recorded in Plat Book
5, Page 66, 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, except: (if none,
enter "NONE." If no entry, it will be deemed that "NONE" has been entered.)
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.
UAEasements\HENEGAR SW & UTIL EAS 0410.doc 4
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.
W T S SI re
WIT SS Printed Name
WITNESS Signat re
o 61CFI? -7 IT,
WITNESS Printed Name
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Dennis H. Henega
n1 azl
Tcquefi'ne L. Henegar
Sworn to and subscribed to before me this *? day of ,
2010.
,OA?? -
Noy Public Sta a of
Print/Type Name
My Commission Expires
?`;:%=:;?, EARL W. BARRETT
w * MY MUM 1 DD 751181
EXPIRES: MBy 28, 2012
'047 Banded 71n BW0 NdffY $ffd s
U:\Easements\HENEGAR SW & UTIL EAS 0410.doc