PETER G. NICHOLSReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 15-29-15-55764-002-0080
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2010305586 10/2812010 at 03:06 PM
OFF REC BK: 17072 PG: 507-509
DocType:EAS RECORDING: $27.00
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of Fifteen Thousand and ---NO/100---Dollars ($15,000.00) in
hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, PETER G.
NICHOLS, a single man, 624 South Missouri Avenue, Clearwater, Fl. 33756 ("Grantor'), does hereby grant and
convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over,
under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to
wit:
A 10-FOOT DRAINAGE AND UTILITIES EASEMENT o„v_er, under, across and though the
South ten feet (101 of Lots 8 and 10. Block B-2. MARYLAND SUBDIVISION, according to
the map or plat thereof as recorded in Plat Book 15, Pape 25 of the Public Records of
Pinellas Count Florida as depicted in EXHIBIT "A" appended hereto and b this
reference made a Dart hereof ("Easement Premises")
This easement is for sub-surface drainage and public utilities installation and maintenance. The CITY
OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to
construct, install and maintain therein sub-surface stormwater drainage improvements and public utilities and to
inspect and alter such stormwater improvements and public utilities from time to time. Grantee shall be solely
responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein.
For a period not to exceed forty-five (45) business days following commencement of initial construction project
which period shall not commence prior to February 1, 2011 except in the event pipe failure requires earlier pipe
replacement. Grantee is further authorized and permitted to utilize additional twenty (20) feet of Grantor's property
contiguous on the south to the Easement Premises for the purposes of project construction activities.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall. promptly restore the Easement Premises, and any contiguous portion of Grantor's property impacted
by project activities, upon completion of any project undertaken in the exercise of these rights. It is expressly
understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the
easement rights granted herein.
Grantor warrants and covenants with Grantee that he 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 non-exclusive, limited purpose quiet and peaceful possession,
use and enjoyment of this easement.
In further consideration of the grant of easement as described herein, Grantee, at Grantee cost and
expense, shall process application to vacate that portion of the south ten feet (10') of that certain twenty foot (20')
utility easement as more particularly described in Official Records Book 2759, Page 106 of the Public Records of
Pinellas County, Florida, lying contiguous on the south to that certain utilities easement as more particularly
described in Official Records Book 1270, Page 380 of the Public Records of Pinellas County, Florida.
WEasementsWICHOLS D & U EASE 0910.doe
n
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 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.
In the event Grantor, his heirs, successors or assigns, should ever determine it necessary to relocate the
service facilities constructed within the Easement Premises to facilitate further development or redevelopment of
the property encumbered hereby; then Grantor, his heirs, successors or assigns, in consultation with and upon
approval of Grantee, shall provide an alternate easement for Grantee's facilities, and shall at Grantor's, his heirs,
successors or assigns sole cost and expense reconstruct the facilities within the alternate easement. Upon
completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation
duly recorded in the public records of Pinellas County, Florida.
This easement is binding upon the Grantor, the Grantee, their 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, or by abandonment of the easement premises by Grantee.
IN WITNESS W the undersigned grantor has caused these presents to be duly executed this
day of 2010.
Signed, sealed and delivered
in t resence of:
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ITNESS ignatur
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STATE OF FLORIDA
COUNTY OF PINELLAS
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Peter G. ichols
Before me, the undersigned authority, personally appeared Peter G. Nichols, a single man, who
executed the foregoing instrument, and who on the above mentioned date ackno edged the execution thereof to
be his free act and deed for the use and purposes therein set forth, and who [1.4 is personally known to me, or [ ]
who provided as identification.
My commission expires:
o a Public - e of Florida
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
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10' DRAINAGE & UTILITY scn
E. Barrett EASEMENT 1 OF 1
8/14/09 stcr_r y.
SOUTH 10' OF LOTS 8 & 10 15/29/15
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME, the undersigned authority, personally appeared Peter G. Nichols,
a single man, whom, being first duly sworn, does depose and say:
1. That he is the owner of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
Lots 8, 9 and 10, LESS the East 20 feet of Lots 9 and 10 in Block B-2,
MARYLAND SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 15, Page 25, of the 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.)
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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
WEasementsWICHOLS D & U EASE 0910.doc
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.
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Peter G. Nichols
Sworn to and subscribed to before me this day of
2010.
No pty Public - St of Flar' a My Commission Expires
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Print/Type Name EARL W.BARRETr
* * MY COMMISSION # DD 759181
EXPIRES: May 26, 2012
?f7 'Op FL??Op Bonded ThN Budget Notary SeMM
WEasementsWCHOLS D & U EASE 0910.doc