1133 CLEVELAND PROPERTIES LLCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 15-29-15-53928-005-0011
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2010282332 10/0612010 at 1111 AM
OFF REC BK. 17050 PG: 581-685
DocType:EAS RECORDING. $44.00
SIDEWALK, SIGNAL CABINET & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Two Thousand Eight Hundred Fifty Six
and---NO/100's---Dollars ($2,856.00) in hand paid, the receipt of which is hereby
acknowledged, and the benefits to be derived therefrom,
1133 CLEVELAND PROPERTIES, LLC, a Florida limited liability company
P. O. Box 5419, Woodridge, 11. 60517
("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 fallowing described land lying and being situate in the County of Pinellas, State of Florida, to
wit:
A portion of the North 282.5 feet of the East 50 feet of Block 5, according to the plat of
SARAH McMULLEN'S SUBDIVISION, as recorded in Plat Book 1, Page 41 of the public
records of Pinellas County, Florida; together with all of that part of the West 90 feet of
the East 110 feet of the Northwest '/4 of the Northwest '/4 of Section 15, Township 29
South, Range 15 East, which lies between Eastwardly projections of the North and South
boundaries of the part of said Block 5 thus defined.
The overall dimensions of the plot of land so formed, being 282.5 feet North and South,
by 140 feet East and west; LESS AND EXCEPT any road right-of-ways(s), as said portion
is more particularly 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, signal
cabinet and appurtenant above 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, signal cabinet
and above 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.
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PROPS LLC SW UTIL EAS 0610 (2).doc
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
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.
Grantee acknowledges and warrants (i) the average price per square foot of twenty-one
and---NO/100's---dollars ($21.00) offered Grantor for the subject easement of one-hundred
thirty-six (136) square feet shall not be less than the highest average amount paid per square
foot in accordance with parameters as set out in (ii) hereafter; and (ii) the terms provided herein
to Grantor shall not be any less favorable than the most favorable terms offered any other
individual easement grantor entity for easements created within six (6) months prior to and six
(6) months subsequent to the effective date hereof for similar purposes, and for lands located
along Cleveland Street and bounded by Missouri Avenue to the east and Myrtle Avenue to the
west. In the case that either (i) and/or (ii) shall not hold true, Grantee shall inform Grantor and
the parties hereto shall amend the easement agreement to increase the funds payable to
Grantor, and/or amend the terms, respectively.
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, th undersigned grantor has caused these presents to be
duly executed this 77ty day of _ V L4 uR T , 2010.
Signed, sealed and delivered
the prese a of:
_X0
?ify NESS signature , 04 a 4 We
Print itne s Name
Jvo",,T?
W ESS a nature
a ar?pr
Print Witness Name
1133 CLEVELAND PROPERTIES, LLC,
a 1=1ori li ited liabi 'ty company
r
V 7,
Susan M. Bonneville,
Managing Member
Elizabeth Dorner
Managing Member
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PROPS LLC SW UTIL EAS 0610 (2).doc 2
STATE OF ILLINOIS :
: ss
COUNTY OF WILL :
,! i'US r? &,WMevIU-R
The for going instrument was acknowledged before me this day of ?Sr
2010 by , Managing Member of 1133 CLEVELAND PROPERT S, LLC, a
Florida limited liability company, who executed the foregoing instrument on behalf of said entity,
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 [ }-produced
(f..-.? ` DRvcr^ as identification.
.-r My Commission Expires: I >3 aal f 3
Notary Public - State of Illinois
^Je "OFFICIAL SEAL"
Type/Print Name Scot N. Turvey
Notary Public, State of Illinois
Will County
My Commission Expires Oct. 22, 2013
STATE OF ILLINOIS :
COUNTY OF WILL :
: ss
The foregoing instrument was acknowledged before me this 7 /` day of X "Sir ,
2010 by Elizabeth Dorner, Managing Member of 1133 CLEVELAND PROPERTIES, LLC, a
Florida limited liability company, who executed the foregoing instrument on behalf of said entity,
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 [TJ produced
Le-d:=-o as identification.
My Commission Expires: ( ab'? 2-,3
Notary Public - State of Illinois
Type/Print Name "OFFICIAL SFAL7
Scot N. Turvey
Notary Public, State of Illinois
Will County
my commission Expires Oct, 22, 2013
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PROPS LLC SW UTIL EAS 0610 (3)-doc 3
EXHIBIT "A"
Legal Description
BASIS OF BEARING REFERENCE: N89058'34"E, ALONG THE
OCCUPATIONAL SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND
STREET, PER FLORIDA STATE PLANE COORDINATES, N.A.D. 83-99,
FLORIDA WEST ZONE
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST BOUNDARY LINE OF
BLOCK 5, SARAH MCMULLEN'S SUBDIVISION, AS RECORDED IN PLAT
BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, AND THE OCCUPATIONAL SOUTHERLY RIGHT OF WAY LINE
OF CLEVELAND STREET, PER INDENTURE DEED, OFFICIAL RECORD
BOOK 4923, PAGES 1062-1063, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; THENCE N89058'34"E, ALONG A LINE
PARALLEL WITH THE EASTERLY PROJECTION OF THE NORTH
BOUNDARY LINE OF SAID BLOCK 5, ALSO BEING SAID
OCCUPATIONAL SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND
STREET, PER SAID INDENTURE DEED, A DISTANCE OF 258.67 FEET,
TO THE POINT OF BEGINNING, THENCE N89058'34"E, ALONG SAID
LINE PARALLEL WITH THE EASTERLY PROJECTION OF THE NORTH
BOUNDARY LINE OF SAID BLOCK 5, ALSO BEING SAID
OCCUPATIONAL SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND
STREET, PER SAID INDENTURE DEED, A DISTANCE OF 8.00 FEET, TO
A POINT OF INTERSECTION WITH THE OCCUPATIONAL WESTERLY
RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING JR. AVENUE,
FORMERLY KNOWN AS SOUTH GREENWOOD AVENUE, PER SAID
INDENTURE DEED; THENCE S00002'45"E, ALONG SAID
OCCUPATIONAL WESTERLY RIGHT OF WAY LINE OF SOUTH MARTIN
LUTHER KING JR. AVENUE, FORMERLY KNOWN AS SOUTH
GREENWOOD AVENUE, PER SAID INDENTURE DEED, A DISTANCE OF
17.00 FEET; THENCE S89058'34"W, A DISTANCE OF 8.00 FEET;
THENCE N00002'45"W, A DISTANCE OF 17.00 FEET, TO THE POINT
OF BEGINNING.
sccle: 1 jj=50"
EXHIBIT "A"
This is not a survey
NORTH
L
Basis of Bearing Reference: N 89'58'34" E
Occupational Southerly Right of Way Line of
Cleveland Street.,
P. 0. C. CLEVELAND STREET
N 89'5$'34" E
Occupational Southerly R/W Line North Parallel
Indenture Deed O.R. 4923 Pgs. 1062 Boundary Line
& 1063 BLK. 5
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INTS TABLE
ING FASTING
.9590 400,288.0400
.0670
E 400,546.7100
,0700 400,554.7100
1320,979.0700 400,554.7236
.0670 400,546.7236
P. O.B. = Point Of Beginning
P. O. C. = Point Of Commencement
Horizontal Datum:
Florida State Coordinates
N.A.D. 83--99; Florida West Zone
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8.00' b
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AFFIDAVIT OF NO LIENS
STATE OF ILLINOIS :
: ss
COUNTY OF WILL :
BEFORE ME, the undersigned authority, personally appeared
s ? rA . 13,sn 1,rAtz t- , Managing Members
of 1133 CLEVELAND PROPERTIES, LLC, a Florida limited liability company, whom,
being first duly sworn, do depose and say:
That said limited liability company is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
The North 282.5 feet of the East 50 feet of Block 5, according to the plat of
SARAH McMULLEN'S SUBDIVISION, as recorded in Plat Book 1, Page 41,
Public Records of Pinellas County, Florida; together with all that part of the
West 90 feet of the East 110 feet of the Northwest '/4 of the Northwest '/4 of
Section 15, Township 29 South, Range 15 East, which lies between
Eastwardly projections of the North and South boundaries of the part of said
Block 5 thus defined.
The overall dimensions of the plot of land so formed, being 282.5 feet North
and South, by 140 feet East and West; LESS AND EXCEPT any road right-of-
way(s).
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.)
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PROPS LLC SW UTIL EAS 0610 (3).doc 4
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.
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.
QVAAO",?
ESS iSgn ure
r
A VA n JA
WITNE S Printed Name
1
?FPiESS Signature
rK
WITNESS Printed Name
Sul, `AaAit?'h
)11-
Susan M. Bonneville
Managing Member
Elizabeth Dorner
Managing Member
Sworn to and subscribed to before me this day of -,
2010.
Notary Public - State of Illinois
Print/Type Name
/4?::) a„z t, 3
My Commission Expires
"OFFICIAL SEAL"
Soot N. Turvey
Notary Public, State of Illinois
Will County
My Commission Expires Oct. 22, 2013
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PROPS LLC SW UTIL EAS 0610 (2).doc