801 W BAY LLC11!
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Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 15-29-15-56052-000-0010
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2010282333 10/0612010 at 11:11 AM
OFF REC BK: 17050 PG: 586-690
DocType:EAS RECORDING: $44.00
11 SIDEWALK & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Seventeen Thousand Nine Hundred
Ninety Seven and --- NO/100's --- Dollars ($17,997.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom,
801 W BAY, LLC, a Florida limited liability company
1021 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 Lots 1 through 4, inclusive, MATTISON SQUARE SUBDIVISION, as recorded
in Plat Book 5, Page 66 of the public records of Pinellas County, Florida, as 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 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
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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 thirteen
and --- 43.06/100's --- dollars ($13.4306) offered Grantor for the subject easement of one-
thousand three-hundred forty (1,340) square feet shall not be less than the highest average
amount paid per square foot in accordance with the 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, excepting any easement granted by 1133 Cleveland Properties,
LLC, for the land(s) identified as Parcel No. 15-29-15-53928-005-0011. In the case that either
(i) 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 V?l?l-IEREOF, ttp undersigned grantor has caused these presents to be
duly executed this I day of J? Qk(4 T , 2010.
Signed, sealed and delivered 801 W BAY, LLC,
I e presence of: a Florida limited liability company
NE S si gn ure II Sebastian orner
w ® N iA Pva l Managing Member
k
Eliza b 'h eth Dorner
Managing Member
Witness Name
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UTIL EAS 0410.doc 2
STATE OF ILLINOIS :
COUNTY OF WILL :
ss
The foregoing instrument was acknowledged before me this
2010 by Sebastian Dorner, Managing Member of 801 W BAY, LLC,
company, who executed the foregoing instrument on behalf of
acknowledged the execution thereof to be his free act and deed for
therein expressed, and who [ ] is personally known to me, c
fL-Z*'k' , as identification.
day of AL, 3L" K ,
a Florida lima ed liability
said entity, and who
the uses and purposes
?r who [ ?< ] produced
My Commission Expires:
Notary Public - State of Illinois
r
S,-
-Type/Print Name "OFFICIALSEAV
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 ? day of 4Lt c-,S? ,
2010 by Elizabeth Dorner, Managing Member of 801 W BAY, LLC, a Florida limi d 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 [ '?5j produced
fiar?611 as identification.
My Commission Expires: to
Notary Public - State of Illinois 3
Se e
Type/Print Name ENOWY FICIALSEAV
ot N. Turvey
blic, State of Illinois
Will County
n Expires Oct . 22, 2013
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EXHIBIT "A"
Legal Description
BASIS OF BEARING REFERENCE: S89044'26"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 LOTS 1, 2, 3, AND THAT PORTION OF THE WEST 10 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, SAID POINT
ALSO BEING THE POINT OF BEGINNING; 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 EAST
BOUNDARY LINE OF THE WEST 10.00 FEET OF LOT 4, 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
SAID EAST BOUNDARY LINE OF THE WEST 10.00 FEET OF LOT 4, A
DISTANCE OF 7.00 FEET; THENCE N89044'26"W, ALONG A LINE PARALLEL
WITH SAID SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND STREET, A
DISTANCE OF 138.00 FEET; THENCE S00°00'18"E, A DISTANCE OF 15.00
FEET; THENCE N89°44'26"W, ALONG A LINE PARALLEL WITH SAID
SOUTHERLY RIGHT OF WAY LINE OF CLEVELAND STREET, A DISTANCE OF
17.00 FEET, TO A POINT OF INTERSECTION WITH SAID WEST BOUNDARY OF
LOT 1, SAID POINT ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF
SOUTH MARTIN LUTHER KING JR. AVENUE, FORMERLY KNOWN AS SOUTH
GREENWOOD AVENUE; THENCE N00°00'18"W, ALONG SAID WEST
BOUNDARY LINE OF 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 22.00 FEET, TO THE POINT
OF BEGINNING.
scale: 1"=50
'
EXHIBIT
"A"
This is not a survey NO RTH
P. O. B. = Point Of Beginning
P. O. C. = Point Of Comm en cem en t
w
CLEVELAND STREET
N
Q Centerline Cleveland Street;
0 N P C. - N. W. Cor. Lo t 1
Basis
of Bearing Reference S
89'44'26" E
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
CLEVELAND STREET L?201o-12
GNU= By SIDEWALK EASEMENT acr
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P.O.B. Deeded R/W D.B. 1 564 Pg. 471
S 89'44'26" E 155.00'
Southerly R/W Line
N 89'44'26" W 138.00'
W. 10'
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17.00' o°o ? ° ?v°
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AFFIDAVIT OF NO LIENS
STATE OF ILLINOIS :
: ss
COUNTY OF WILL :
BEFORE ME, the undersigned authority, personally appeared Sebastian Dorner
and Elizabeth Dorner, Managing Members of 801 W BAY, LLC, a Florida limited liability
company, whom, being first duly sworn, do depose and say:
1. That said limited liability company is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
MATTISON SQUARE, Lots 1,2,3 and the West 10 feet of Lot 4 LESS Street, all
of Lots 14, 15 and 16, 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.)
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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.
yyk -1 -10" -V-VJ
ESS Signature
-r kA ().V-- , tw r?P 1-? ?`C Sebastian Dorner
ESSS Printed Na a Managing Member
ESS S' atur? r / U
h UDVI?'}C?1 ! [? C 6f Elizabeth Domer
ESS Printed Name Managing Member
Sworn to and subscribed to before me this day of ?Au? _,
2010.
Notary Public - State of Illinois
Print/Type Name
/,-)-4 1,3
My Commission Expires
"OFFICIAL SEAL"
Scot N. Turvey
Notary Public, State of Illinois
Will County
My Commission Expires Oct. 22, 2013
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