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11-03
KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2011165588 06122/2011 at 01.54 PM OFF REC BK: 17283 PG: 1773-1801 DocType:GOV RECORDING. $248.00 RESOLUTION 11-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING AS A PUBLIC ROAD AS DEFINED IN CHAPTER 335.01, FLORIDA STATUTES, THAT CERTAIN 50-FOOT ROAD EASEMENT ("EXCALIBER DRIVE") AS IDENTIFIED ON THE PLAT OF ROSEWOOD SUBDIVISION AS RECORDED IN PLAT BOOK 88, PAGES 70 AND 71 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, all twelve (12) of the individual lot owners representing 100% of the owners of all the platted lots within ROSEWOOD SUBDIVISION, did jointly and severally petition the City of Clearwater to accept assignment and transfer of a certain easement previously dedicated in. said plat to the common use and benefits of the lot owners for the purposes of dedicating and maintaining such easements as a public road; and, WHEREAS; said easement is specifically identified on said plat as a 50' ROAD EASEMENT, ("Excaliber Drive"); and, WHEREAS, the City of Clearwater ("City") and all twelve (12) of the individual lot owners of ROSEWOOD SUBDIVISION, jointly and collectively, did enter into that certain AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS A PUBLIC ROAD ("Agreement") dated the J8! day of &&ua.r!. , 201f, a copy of which is appended hereto as EXHIBIT "A", and by this reference made a part hereof; and, WHEREAS, among its provisions the Agreement provided that upon the owners fulfilling all of certain terms and conditions, the City would accept the assignment and transfer of Excaliber Drive and dedicate same as a public road to be maintained in perpetuity thereafter by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the conditions precedent to the acceptance and dedication of Excaliber Drive as a public road have been satisfied, except the full payment of the initial expenses related to the transfer and dedication, which shall be satisfied within thirty (30) days of the Effective Date of this Resolution. Section 2. That conditioned upon full payment of the initial expenses (as more specifically set out in the Agreement), the City of Clearwater does Resolution No. 11-03 hereby accept the assignment and transfer of the 50' road easement identified as Excaliber Drive, and thereafter shall dedicate same as a public road as defined in Chapter 335.01, Florida Statutes. Section 3. That the City Engineer is directed to schedule and contract upgrading and repaving of Excaliber Drive as an element of the next upcoming Annual Repaving Contract following all conditions precedent having been met. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1+h day of Ephr ]ary , 2011. Approved as to form: Laura Mahony, Assistant Cffy Attorney Rosemarie Call, City Clerk 2 Resolution No. 11-03 Frank V. Hibbard, Mayor RETURN TO: City of Clearwater Official Records & Legislative Services P. O. Box 4748 Clearwater, Fl. 33758-0748 AGREEMENT TO ASSIGN TRANSFER AND DEDICATE AS PUBLIC ROAD THIS AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS PUBLIC ROAD ("Agreement") is dated this day of , 2011, and entered into by and between all twelve (12) of the HOMEOWNERS OF ROSEWOOD SUBDIVISION jointly and severally ("Assignor") and the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Assignee") RECITALS: WHEREAS, the plat of ROSEWOOD SUBDIVISION establishing a total of twelve (12) single family lots was created and recorded in Plat Book 88, Pages 70 and 71 of the Public Records of Pinellas County, Florida, a copy of which is appended hereto as EXHIBIT "A" and by this reference made a part hereof; and, WHEREAS, among its provisions, said plat did dedicate certain common area easements and private ingress and egress easements within said plat to the common use and benefit of the owners of the lots as shown on said plat; and, WHEREAS, among its provisions, said plat did stipulate the aforesaid easements shall be maintained and operated at the expense of such lot owners, and no rights are granted to the general public with regard thereto; and, WHEREAS, such lot owners have jointly and severally petitioned the City of Clearwater to accept an assignment and transfer of certain easements dedicated in said plat to the common use and benefits of the lot owners for the purposes of dedicating and maintaining such easements as a public road; and, WHEREAS, the City of Clearwater is agreeable to accepting an assignment and transfer of such easements for the purpose of dedicating and maintaining such easements as a public road to be known as Excaliber Drive; NOW, THEREFORE: Upon due consideration, all twelve (12) owners of the individual lots (collectively, "Assignor") in said plat of ROSEWOOD SUBDIVISION jointly and severally do agree to assign and transfer individually and collectively all of their respective rights, title and interests as they may appear in that certain platted 50' ROAD AND UTILITY EASMENT commonly known as Excaliber Drive to the City of Clearwater, a Florida municipal corporation ("Assignee"), as same is depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Assignor jointly and severally agree to comply with all requirements, if any, of their respective lien holders precedent to securing the joinder, consent and/or release by said lien holders to this assignment and transfer without exception, of all of the rights, title and interests contemplated herein, including but not limited to any requirements related to obtaining appraisals, recertified boundary surveys and title endorsements, and full payment of all fees and charges associated therewith; and, U:IDocumentSIResolutlonSXROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Exhibit A Assignor jointly and severally further covenant and affirm that other than the respective lien holders requirements, if any, evidencing joinder, consent and/or release to the rights, title and interests to be assigned and transferred hereunder, that there are no other liens or encumbrances of any nature affecting Assignor's title in and to Excaliber Drive as established by plat; and, Assignor jointly and severally warrant and covenant with Assignee that they are the respective owners of fee simple title in and to the total extent of Excaliber Drive as defined herein, and as such, have full right and lawful authority to assign and transfer all of their respective rights, title and interests in and to Excaliber Drive to Assignee; that Assignor has not been put on any notice as to any defense, offset, claim or counter-claim by any person or entity claiming by or through Assignor, and further warrants that there is no litigation now pending or threatened against Assignor, and that Assignor shall defend, indemnify and hold Assignee harmless, against same; and, Assignee agrees and covenants with Assignor that the City Engineer has scheduled and contracted upgrading and repaving of Excaliber Drive in full compliance with standards and specifications for a City neighborhood road. Upon completion of upgrading and repaving as above stipulated. Assignee further covenants with Assignor to cause Progress Energy to transfer all future electric service charges for installed street lights to Assignee. Each of the individual lot owners shall pay the sum of Seventeen Hundred Forty Three and ---17/100's--- Dollars ($1743.17) to the City not later than thirty (30) days following the City's completion of Excaliber Drive upgrading and repaving. Any unpaid balances as due hereunder shall accrue interest at the rate of twelve percent (12%) per annum as the law permits until fully paid. Any expenses incurred by the City in the collection of all sums due hereunder shall be paid by Assignor, including, if necessary, the costs of filing suit and attorneys fees; and, Upon Assignor's full compliance with the provisions of this Agreement, including payment of all sums due as hereinabove defined, and full compliance with all provisions and conditions of proposed City of Clearwater Resolution 11- _ following adoption by its Council, (EXHIBIT "B" attached hereto and by this reference made a part hereof , Assignee agrees to accept all of Assignor's rights, title and interests in said Road Easement, and does covenant and agree with Assignor to dedicate same as a public road as defined in Chapter 335.01, Florida Statutes. Upon execution by Assignor and Assignee this Agreement shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written an oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or appended hereto. IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals the day and date first above written. wmmmm? U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 12%doc WW 'AS PH itness Name Witness Print Witness name name STATE OF FLORIDA COUNTY OF PINELLAS : SS Lot #1- 1498 xcaliber Drive 11? / 6t"'- Mark P. Bryan Na c L. Bryan The foregoing instrument was ack glide b?fare me this _fL" day of F-'.Lb r1,-, 2010 by Mark P. Bryan, who i rsonally known o who has produced Ion. at ry Public - ate of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS My commission expires.(,,- IuIaNMANNEII Pa1111a • 1160dPN4 NO" • MyC0WAMA8o=Jft1.2012 c mm um 0 00 >h2" Iwo The foregoing instrument was re me this i~- day of K,LbrL,-.C j , 2010 by Nancy L. Bryan, who ' ersonally known r who has produced Not ry Public M Mate of Florida Print Name My commission expires: (o-t-/a- IWMVAN1 M Nobly Pdit • W6 d FNd/W • UUy(',OIrAlWIN 11IPPIPM04101.01 commill" 0 OD M0111 9oA11i1 N1?/ ? Witness Print Witness Name Lo s, as Trustee of the Is B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007 AS TO ASSIGNOR: HOMEOWNERS OF ROSEWOOD SUBDIVISION U:Oocuments\Resolutions%ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 121 Mac Lot #1- 1498 Excaliber Drive Witness Print Witness e Witness Print Witness name STATE OF FLORIDA . SS SS COUNTY OF PINELLAS The foregoing instrument was acknowled4 2010 by Mark P. Bryan, who is personally as ide Notary Public - State of Florida Print Name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this . day of 2010 by Nancy L. Bryan, who is personally known or who has produced. as identification. Notary Public - State of Florida Mark P. Bryan Nancy L, Bryan me this day of who has produced _ My commission expires: My commission expires'. Witness %Zf Pr' Witness me tness Lot #2 -1492 Excali per Drive ",q oiz"L"? Lois B. Daniels, as Trustee of the Lois B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007 w U:1Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : SS The foregoing instrument was acknowledged before me this 3,-• ( day of 1" "`_'1 2010 by Lois B. Daniels as Trustee of the Lois B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007, who is personally known or who has produced > tom. •i D -6 t? 5L?Z - SZ Z - Sz - 40V 1 - c) as identification. Notary, Public - State of Florida Print Name !!7a tJ??H, W t vi- ?`???? MATTHEW WINGER Notary Public - State of Floft My Comm. Expires Oct 7, 2014 yam' Commission # EE 33333 Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA , SS COUNTY OF PINELLAS The foregoing instrument was acknowledged be 2010 by Paul Steven Zimmermann, who is p nail, as i icatic Notary Public - State of Florida Print Name STATE OF FLORIDA COUNTY OF : SS My commission expires: f ` 7/q Paul Steven Laura Ian Zimmermann me this day of , I known or who has produced My commission expires: The forego' instrument was acknowledged before me this day of , 2010 by ura Lynn Zimmermann, who is personally known or who has produced as identification. U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510)1210.doc STATE OF1%QR1 DA COUNTY OF PIN . SS The foregoing instrument was acknow-qMe% efore 2010 by Lois B. Daniels as Trustee of the Lois BM% December 11, 2007, who is personally known or whc as identification. Notary Public - State of Florida me this --- day of - - els Revocable Inter Vivos Trust Dated My com i6', Witn s Print Wit ss Name Win s r Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS Lot #3 --1474 Excaliber Drive . ?L z P - I S4 ve Zi mermann Laura Lynn Zimmermann The foregoing instrument was acknowledged before me this - day of -=3ANkpr ?_? 2010 by Paul Steven Zimmermann, who is personally known or who has produced f:t C ?. as identification. ' My commission expires: Notary Public -- tate of lorPrint Name 2 NOTARY PLBLIC STATE OF FLORIDA ,,"j.Karen D Pie STATE OF FLORIDA COUNTY OF PINELLAS : SS Commission # DD937683 ExAires: DEC. 15, 2013 BONDED THRU ATLA.\nC BONDING CO., INC The foregoing instrument was acknowledged before me this day of AA- - 201 by Laura Lynn Zimmermann, who is personally known o who has produced _z"C, as identification. NOTARY FI,BLIC-STATE OF FLORIDA ?a•""''' Karen D. Pierce My commission expires: #DD937683 EASEMENTS (rev 121510) 1210.doc NOTARY PUBLIC-STATE OF FLORIDA Karen D. Pierce Notary Public - Sta of Flor a 4 = Commission # DD937683 , 1b.m?A Expires: DEC, 15, 2013 Print Name ) % • 10 z?e'?' BONDED THRUATL&N-ncsaN'AACCo.,INC. Witn Print Witn s Name Witness Print Witness name STATE OF FLORIDA S COUNTY OF PINELLAS The foregoing instrument was ackn le 2010 by Moshen W. Habib, who is pe as Notary Public - State of Florida Print Name STATE OF FLORIDA , : SS COUNTY OF PINELLAS My commission expires: The foregoing instrument was acknowledged before me this Na , 2010 by Marcelle G. Habib, who is personally known or who as identification. ion expires: No tary Public - State of Florida Print Name Lot #5 -1462 ExcalibftDrive Witness Kimberly Cashman Print Witness Name inr•a.,.,?? Marcelle G. Habib before me this day of _ known or who has produced Moshen W. Habib U:%Documents%Resolutions%ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Witness AV&I-, Mu.(%aZ Print Witness Name Witness Print Witness hatne STATE OF FLORIDA COUNTY OF PINELLAS . SS The foregoing instrument was acknowledged before 2014 by Moshen W. Habib, who is personally known k'as identification No eric -State of FloridPrint ?•cS? STATE OF FLORIDA COUNTY OF PINELLAS . SS Lot #4 -1468 Exc liber Drive n W. Habi Tk 014-4 el G. Habib ' ti?a? P'••. LYNNE R. HENSLEY Notary Public - State of Florida • My Commission ExPlres Feb 6, 2012 i°?{oFe •?,` Cammisslon # Do 756138 8-nded Through National NotaryAssn. .. me this 'SDI^day of 73 ' or who has produced Ftu?ri_ My commission expires: V,b (a 2b tz ••""'?a,• LYNNE R. HENSLEY r i Notary Public - State of Florida n My Commission Expires Feb 6, 2012 f? Commission # DD 756138 ryin `? Bonded Through National Notary Assn. The foregoing instrument. was acknowledged before me this 3D?k day of TG.r.v4 201 by Marcelle G. Habib, who is personally known or who has produced fart 6Y; 01 ?; %` " as identification. Not ubllr - to of Florida MY commission expires: r?crhG ,Zc?? Print me nee. l., Witness Print Witness Name Kimberly Cashman U:1Documentsl11esolutIOWROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Name Lot #4 -1468 Excaliber Drive Witness N Moshen W. Habib Print Witness Name Witness Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged befox 2010 by Moshen W. Habib, who is personally knowni as identification. Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS Marcelle G. Habib this day of , who has produced My commission expires: The foregoing instrument was acknowledged before me this day of _ 2010 by Marcelle G. Habib, who is personally known or who has produced as identification. Notary Public - State of Florida My commission expires: Lot #5 -1462 xcaliber Drive Kimberl ashman U:MDocuments\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc a 4y Print Witness name STATE OF FLORIDA . SS COUNTY OF PINELLAS -W . _ The foregoing instrument was acknowledged before me thisD day of d , 2014 by Kimberly Cashman, who is personally known or who has produced FL, as identification. agA-no__?, My commission expires- Not a of da Print Name 0.1 '0) ?) ) ?A ELMEMUMEY Notary Publb, State Of Rwwa CWaftskWO EE 20434 My Comm. Q)*N Oct. 8, 2014 Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledg 2010 by Hans M. Rohr, who is personally) as i Notary Public - State of Print Name Hans M. Rohr Rohr ore me this day of or who has produced _ STATE OF FLO SS COUNTY O INELLAS The f ,qMoing instrument was acknowledged before me this day of , 20 y Anne H. Rohr, who is personally known or who has produced My commission expires: d,,* U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc STATE OF ", a COUNTY OF PINELLAS *44S, The foregoing instrument was 2010 by Kimberly Cashman, who is personally kno as identification. Notary Public - State of Florida My corn expires: Lot #6 -1463 Excaliber Drive Hans M. Rohr Anne H. Rohr STATE OF FLORIDA COUNTY OF PINELLAS : SS The foregoing instrument was acknowledged before me this -3j_ day of aon *" by Hans M. Rohr, who is personally known or who has produced as identification. IXA Notary Public State of Florida Print Name fr) STATE OF FLORIDA COUNTY OF PINELLAS , SS My commission expires: VA I ia. SAY p ii ?S MICHAEL PAGNOTiA Notary Public • State or Florida ' My Commission Expires Apr 11, 2012 Commission # DD 757736 The foregoing instrument was acknowledged before me this ?OIt -?-.by Anne H. Rohr, who is personally known or who has produced of hfh)Pj-T as identification. me this day of „_ io has produced U:1Qocuments'KesolutionSMROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Print Witness name -`"?? P#,* rMICHAEL PAGNOTTA ?• . Nola Public - Slate of Florida Notary Public - State of Florida " '? MYCOmmissionExpires Apr11,2012 =Print Name tn, Commission # DD 757736 COU _ SS NTI ?,NELLAS The foregoing instrume acknowledged before me this day of 2010 by Patricia W. Dalton, ersonally known or who has produced Notary Public - State of Florida Print Name ' Frank V. Hibbard, Approved as to form: Laura Mahony, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS : SS My commission expires: William B. Horne, II, City Manager By: Attest: Cynthia E. Goudeau, City Clerk BEFORE ME, the undersigned, personally appeared Frank V. HibbaNrdyor City of Clearwater, Florida, who executed the foregoing instrument and Madgedf the 46 execution thereof to be his free act and deed for the purposes herein set forth, a who is personally known to me. U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc " Q'^' Y\n 1 Witness V1AUs NA . ?e7W Print Witness Name Witne s Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS Lot #7 -1469 Excaliber Drive Paul M. Svaren Ilen Svaren The foregoing instrument was acknowledged before me this day of -5? ?rMy Paul M. Svaren, who is personally known or who has produced 'e:9.0 . : t L 1 0" as identification. No u Ijc - State of to a My commission e wires: 1-i OX) Print NampL F?n??pr?n •""? ° HILDA FIGUEROA 4 STATE OF FLORIDA Notary Public . State of Florida r My Comm, Expires Jan 20, 2015 : SS Commission # EE 56617 COUNTY OF PINELLAS The forgoing instrument was acknowledged before me this 5 day of ?1U..1 Cho 1 by Mary Ellen Svaren, who is personally known or who has produceT--- Lill, L L-aje as identification. r e HILDA A?r9yE8annml3 on expires Notary Public . State of Fiorida My Comm. Expires Jan 20, x015 o ion * 5 6 7 ber Drive Wayne C. Carothers II aolzA?S Print Witness Name Witness U:\Documents\ResolutionslROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMEN its (rev 121510) 1210.doc Notary Public - State of Florida Print Name -1 Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS The foregoing 2010 by Paul My commission expires: STATE OF FLORIDA COUNTY OF PINELLAS : SS TThhefobregoing instrument was acknowledged before me this radar of by rd en, who is pe onally known or who has produced M 4 =1 it; Z e r /,S- ?j - l r as identification. 75L- No ry Public S ate of Florida MY commission expires: Ato 'L6 Z ar Print Name u 7Cc K I Ujija Lot #8 -1475 Excaliber Drive WIC ess Print W it ss Name a C. Carothers lit s ? 0LSrr??n? ?{ek P.V ?0jceB? Carothers 0 ?1 U:IDocumentslResolutionskROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc I M. Svaren Mary Ellen Svaren was acknowledged before me this day of who is personally known or who has produced as identification. Public - State of Florida STA FLORIDA : SS COUNTY O The foregoing instl 2010 by Wayne C. acknowledged before me this day of - K ho !as personally known or who has produced identification. Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS My commission expires: The foregoing instrument was acknowledged before me this day 2010 by Joyce B. Carothers, who is personally known or who has pros as identification. Notary Public -State of Florida My commission ncness??? -V " Print Witness Name / it s 1 Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS . SS Lot #9 -1481 Excaliber Drive - r. - //vt? Phillip E. Hester Kimiko Hester ? The foregoing instrument was ackno me this S day of ter- W 4r -*V6 2014 by Phillip E. Hester, who ' ersonall kna who has produced as ' (cation. 19 zt3l,-? Notary Public - Stale of Flori a Print Name /"LA-/LIC P ( X'-/iq r.J LAS MARK P. BRYAN Camin SMM # DD 843763 n*r* 20e 1szm U:tDoouments\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc I& STATE OF FLORIDA COUNTY OF PINELLAS . SS The foregoing instrument wa me this S day of ??br+L ?r Ae4201 ¢ by Kimiko Hester, ally ho has produced as identification. Notary Public -State of Flar??r'da Cwftsbn # Print Name P_ fJA A 9--.,o P!? EDDS437]63 Expires Januae??aean.nnvrFr„Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS Upper Pinellas Association Retarded Citizens, Inc. By: Print Name Title The foregoing instrument was acknowledged b e me this day of 2010 by , as of Upper Pinellas Association For Retarded Citizens, Inc., w is personally known or who has produced a e ification. Notary Public - State of Flori Print Name My commission expires: Lot #11 -14- 93 Ex caliber Drive Witness Print Name Richard M. Mannen r U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc SS COUNTY OF S The foregoing instrument was ac 2010 by Kimiko Hester, who is per Notary Public - State of Florida as Lot #10 -1487 Excaliber Drive Upper Pinellas Association For Retarde Citizens, Inc. By: da ers? Yna 4/ Print Ny?e Berm yKei, Title ( kern I ur ? , re ,,) expires: STATE OF FLORIDA : SS COUNTY OF PINELLAS LIr -Vrul The foregoing ins uw ledge efore met 's da 44",dQ by as of Upper 94 Association For Retarded Citizens, Inc., who ' 'Personally known a ho has produced as iden Inn_ Notary Publi tate of Florida Notary I? Comm. 4111M Jul 88.2013 Print Name 14 61Commlaslon ! On 97MO' t URM T&ML + NNlan?l" tar ben. Witness Print Witness Name t 0?o/i expires: a?/3 before me this day of 1r*AQ`ho has produced Richard M. Mannen U:1Documents%Resoiuuons%ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc COOWY OF PINELLAS The fore 2010 by : SS instrument was acknowledged before me this day of Hester, who is personally known or who has produced _ as identification. Notary Public - State Print Name My commission expires: Lot #10 -- 1487 Excaliber Drive Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS Upper Pinellas Association For Retarded Citizens, Inc. By: Print Name The foregoing instrument was acknowledged before me this day of 1 2010 by , as of Association For Retarded Citizens, Inc., who is personally known or who has as identification. Notary Public - State of Florida Pinellas My commission Il Witness S ?51?0 U,?.I Ip Print 'Hess ame Witne AK (36V-? Lot #11 -1493 Excaliber Drive 44&a4rcTM. &?*A Mannen Karin G. Ma en U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowled ore`me this L day of ? 20"1O'by Mannen, who is onally kn ar who has produced as I I (cation. ry Notary P - State f FI 'da RICFW?{DM.rEORGEs Print Name j MYCONMISSIONaDD854513 ZXPIRES: March 16.2013 Bonded Thru Notary Pub k Underwriters STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknow fare me this day of t20<by Karin G. Mannen, who is rsonally kn n or who has produced ification. RICHARD M. GEORGES Notary c - Stalk of F ida BCond TS?ndeernieerss Print Name l " Witness Print Witness Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : SS Michael S. Dalton Patricia W. Dalton The foregoing instrument was acknowledged before me this day o;?7 2014 by Michael S. Dalton, who is personally known or who has produced as identification. 0* U:1Documents%ResoluNons%ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc STAT NLFLORIDA COUNTY OF The foregoing instrt 2010 by Richard M. . SS acknowledged before me this day of - vho is personally known or who has produced as identification. Notary Public - State of Florida Print Name STATE OF FLORIDA COUNTY OF PINELLAS ' SS My commission expires: The foregoing instrument was acknowledged before me this day 2010 by Karin G. Mannen, who is personally known or who has produced as identification. Notary Public--::- ublic - State of Florida My commission Witness Print Witness Na e Witnes ?`lJ w ?Patricia W. Dalton Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : S5 Zarb The foregoing instrument was acknowledged before me this IV' day of `f "+"y Michael S. Dalton, who is personally known or who has produced as identification. My commission expires: M? 4INaER ' AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Notary Public - State of Florida My Comm. Expires Oct 7, 2014 Commission # EE 3331a Notary Public - State of Florida Print Name /Y1 ab? W ?.s w- STATE OF FLORIDA COUNTY OF PINELLAS : SS IThe foregoing instrument was acknowledged before me this Z °' 261 t3'by Patricia W. Dalton, who is personally known or who has produced r` A,,r Lc "'rte as identification. ' Notary Public -- State of Florida Print Name " Frank V. Hibbard, Approved as to form: Laura Mahony, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS : SS Cynthia E. Goudeau, City Clerk BEFORE ME, the undersigned, personally appeared Frank V. Hibbs City of Clearwater, Florida, who executed the foregoing instrument and execution thereof to be his free act and deed for the purposes herein set personally known to me. Mayor of the wledged the %id who is By: William B. Horne, II, City Manager Attest: My commission expires: la/7?i y WINGER Eta. MATTHEW Notary Public - State of Flarlda My Gomm. Expires Oct 7, x014 Commission N EE 33333 U:1Documents%Resolutlons%ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc AS TO ASSIGNEE: CITY OF CLEARWATER FLORIDA Countersigned: Frank V. Hibbard, Mayor Approved as to form: Laura Mahony, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS . SS By: William B. Horne, II, City Manager Attest: Rosemarie Call, City Clerk BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of 2011. Notary Public - State of Florida MY Commission expires: Type/Print Name STATE OF FLORIDA COUNTY OF PINELLAS :SS BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of Notary Public - State of Florida Type/Print Name 2011. My Commission expires: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc N LL O LU Q a 4 _m S x W y # 3€r Y jug r ? ? a 4.4 deg k 5IIa - F } i YE; ?? ?I? w ? 3 Via? >:` ? ?g8a?a ,;?I ?? GIs .s 7 ?1 8gg ?I ` gr Del jug R;w 1wr - 1 1 f 'I I i - , I 1i i . ! 7 hill, X c}r- F. ?9l m ex? pw O W m ? J ???FLL g'am p ? J LL ea?'w? 011 O .498 . 5?S ??? 13 7 11 50. va B. fill s: $ ss 151- at g'lift :4 gSi CCS .?Fig3=t €22 - eaF?rs". 63 '?!U, ?gz? ?i??a8 # =e ? 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" ?? fib e-•' J' .-? ? ? _ ~ t 1 t ? 1y?re - 7,14 L7 . 4?J ? ? L4 Y ?? ii • n (? ell ?m rea .- RESOLUTION 11-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING AS A PUBLIC ROAD AS DEFINED IN CHAPTER 335.01, FLORIDA STATUTES, THAT CERTAIN 50-FOOT ROAD EASEMENT ("EXCALIBER DRIVE") AS IDENTIFIED ON THE PLAT OF ROSEWOOD SUBDIVISION AS RECORDED IN PLAT BOOK 88, PAGES 70 AND 71 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, all twelve (12) of the individual lot owners representing 100% of the owners of all the platted lots within ROSEWOOD SUBDIVISION, did jointly and severally petition the City of Clearwater to accept assignment and transfer of a certain easement previously dedicated in said plat to the common use and benefits of the lot owners for the purposes of dedicating and maintaining such easements as a public road; and, WHEREAS; said easement is specifically identified on said plat as a 50' ROAD EASEMENT, ("Excaliber Drive"); and, WHEREAS, the City of Clearwater ("City") and all twelve (12) of the individual lot owners of ROSEWOOD SUBDIVISION, jointly and collectively, did enter into that certain AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS A PUBLIC ROAD ("Agreement") dated the day of , 2010, a copy of which is appended hereto as EXHIBIT "A', and by this reference made a part hereof; and, WHEREAS, among its provisions the Agreement provided that upon the owners fulfilling all of certain terms and conditions, the City would accept the assignment and transfer of Excaliber Drive and dedicate same as a public road to be maintained in perpetuity thereafter by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the conditions precedent to the acceptance and dedication of Excaliber Drive as a public road have been satisfied, except the full payment of the initial expenses related to the transfer and dedication, which shall be satisfied within thirty (30) days of the Effective Date of this Resolution. Section 2. That conditioned upon full payment of the initial expenses (as more specifically set out in the Agreement), the City of Clearwater does Exhibit B Resolution No. 11-03 hereby accept the assignment and transfer of the 50' road easement identified as Excaliber Drive, and thereafter shall dedicate same as a public road as defined in Chapter 335.01, Florida Statutes. Section 3. That the City Engineer is directed to schedule and contract upgrading and repaving of Excaliber Drive as an element of the next upcoming Annual Repaving Contract following all conditions precedent having been met. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this -1 7+.h day of IFebrIla-ry , 2011. Frank V. Hibbard, Mayor Approved as to form: Attest: Laura Mahony, Assistant CI y Attorney Rosemarie Call, City Clerk Resolution No. 11-03