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R C LAWLER INC Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 RE: Parcel No. 15-29-15-30798-000-0010 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2011085501 04/01/2011 at 10:35 AM OFF REC BK. 17210 PG: 1427-1431 DocType:EAS RECORDING_ $44.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010358416 12122/2010 at 04:12 PM OFF REC BK: 17123 PG: 768-771 DocType:EAS RECORDING: $35.50 [SIDEWALK & UTILITIES EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, R. C. LAWLER, INC., a Florida corporation Post Office Box 7792, St. Petersburg, Fl. 33734-7792 ("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: Portions of Lots 1, 2 and 3, CLEARWATER HEIGHTS SUBDIVISION, as recorded in Plat Book H-4, Page 99, of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described in EXHIBIT "A" as appended hereto and by this reference made a part hereof. This easement is granted for installation and maintenance of a public sidewalk, signal mast arm base and pole and underground and appurtenant 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 mast arm base and pole and underground an appurtenant 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 premises. However, nothing contained herein shall be construed to waive or modify the U:\Easements\R C LAWLER INC 5W & UTIL EA5 0410.doc I't-r.???-off Ca`t) 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 JEREOF, the a ed grantor has caused these presents to be duly executed this /?/ day of , 2010. Signed, sealed and delivered R. C. LAWLER, INC., in the presence of? a FI Ida corporation 77j?-Y?-V / ' p ?.G By: //-/ff ?V ITN It signature Nancy L cConnell, President L-CX Print Wi1na$s Name S signatu Print Witness Name STATE OF FLORIDA . SS COUNTY OF PINELLAS : The foregoing instrument was acknowledged before me this 11-4 day of 2010 by Nancy L. McConnell, as President of R. C. Lawler, Inc., who executed the foregoing instrument personally and on behalf of said corporation, and who acknowledged the execution thereof to be her free act and deed for the uses and p rs VreiQ expres d, and who [ ] is personally known to me, or who [yj produced _Z, as iden ' ' ation. 04 My Commission Expires: No Public - St of F id Type/Print Name M W. air * * My?eoD>:?lel EXPIRES: May 2a 2618 ?'+a 6ald?d Thru NoMry 9eNba C:\Documents and Settings\Earl.Barrett\Local Settings\Temporary Internet Files\Content.butlook\Y51FB23N\R C LAWLER INC SW UTIL EAS 0410.doc EXHIBIT "A" Legal Description BASIS OF BEARING REFERENCE: ASSUMED NORTH THAT PORTION OF LOTS 1 & 2 & 3, CLEARWATER HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK H-4, PAGE 99, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, (OF WHICH PINELLAS COUNTY WAS FORMERLY A PART), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 7.00 FEET OF LOT 1, LESS AND EXCEPT THE EAST 10.00 FEET THEREOF; AND THE NORTH 7.00 FEET OF THE SOUTH 14.00 FEET, OF THE WEST 11.00 FEET OF THE EAST 27.50 FEET OF LOT 1; THE SOUTH 7.00 FEET OF LOT 2; THE SOUTH 5.25 FEET OF LOT 3; CLEARWATER HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK H-4, PAGE 99, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, (OF WHICH PINELLAS COUNTY WAS FORMERLY A PART). Y ! sCoie: I "=30' EXHIBIT "A" This is not o survey nioaTM Less E. 10.00' Basis of Bearing Reference; Assumed North 4 3 S. 5.25' z XS 1 Less E. 10.00' E. 27.50' N. 7.00' -4 v 1W 1.0' F- 0 z CLEVELAND STREET f S. 7.00' S. 7.00' 1S 14.00 10.00' CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT Mw my 0. King CLEVELAND STREET L912010-15 GrAw w SIDEWALK & UTILITY ,ar R.H. EASEMENT 1 OF 1 PAR wxl?Tlw"" 05/24/10 15-20-15 lorr- aINUMM 287A N A Ld D z w Q J (Y Q Q J C V) o C] • CONSENT THE GOODYEAR TIRE & RUBBER COMPANY, having its principal place of business at 1144 East Market Street, Akron, OH. 44316-7001, a foreign corporation authorized to conduct business in the State of Florida, being the owner and holder of a leasehold interest in the real property described by virtue of that certain Lease dated June 17, 1960, et sequentia, as referenced in Official Records Book 1021, Page 120 and 121 of the public records of Pinellas County, Florida, does hereby consent _to. the .grant of. easement conveyed in the Sidewalk and Utilities Easement-_ being. conveyed. by R.C.Lawler, Inc. a Florida corporation ("Grantor") to the City of Clearwater, Florida ("Grantee"). Signed, sealed and delivered In the presence of: Witne TGRONOWSKI Print Witness name ooL fitness sign Print Witness name STATE OF OHIO COUNTY OF SUMMIT : ss THE GOODYEAR TIRE & RUBBER COMPANY By: [ Print Name DONALD R. IXON Title Global ea state Manager The foregoing instrument was acknowledged before me this 10 day of -DECE BEs- 2010 by - DONALD R. DIXON --.... as GlobalTReofEstate anager of THE GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation authorized to conduct business in the State of Florida, who executed the foregoing instrument and acknowledged the execution thereof to be h is free act and deed for the uses and purposes therein expressed, and who Pq is personally known to me or who [ ] did provide as identification. Notary State of =y JAMES A. GRO SKI Type/Print Name My Commission Expires: tA IAA C0* `Ip ?,? ! ??i S `?•,? MUM A. GRONOWSKI .L` s NOTARY PUBLIC STATE OF OHIO Recorded in Cuyahoga County My Comm. Exp. 6/27/15 C:\DOCUME-1\a393881\LOCALS-1\Temp\notesFE0FC0\R C LAWLER INC 5W & UTIL EAS 0410 w GY changes 12 8 2010.doc STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Nancy L. McConnell, as President of R. C. Lawler, Inc., a Florida corporation, whom, being first duly sworn, does depose and say: 1. That said corporation is owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: GIBSON'S CLEARWATER HEIGHTS, Lot 1 LESS the east 10 feet for Street, and Lots 2 and 3, according to the plat thereof recorded in Plat Book H-4, Page 99, Public Records of Hillsborough County of which Pinellas County was formerly a part. 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.) 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: That certain Lease between Grantor and Goodyear Tire and Rubber Company of Akron, Ohio dated June 17, 1960, et sequentia, as referenced in Official Records Book 1021, Page 120, public records of Pinellas County, Florida. 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. U:\Easements\R C LAWLER INC SW & UTIL EAS 0410.doc 3 7. That the representations embraced herein are for the purpose of inducing the CITY O"LEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. WITNE S Signature J/ ri k : 'r14 e- E7/ r. WITNESS Printed Name WITNESS Printed Name Y• ?l/ z/'?w Nancy C. McConnell, President Sworn to and subscribed to before me this //0 day of 2010. n No=blW ic ? Stat lorid Print/Type Name Ael"? My Commission Expires EARMUMn MYCOMMIII INt00760191 aPIFEs: M9y26, 2012 U:\Easements\R C LAWLER INC SW & UTIL EAS 0410.doc 4