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AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS PUBLIC ROAD RETURN TO: City of Clearwater Official Records & Legislative Services P. O. Box 4748 Clearwater, Fl. 33758-4748 COURT KEN 13URKE CLERK OF PINELLAS COUNT FLORIDA INST# 2011165589 0612212011 at 01:54 PM OFF REC 8K: 17283 PG: 18024828 DocType:AGM RECORDING: $231.00 AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS PUBLIC ROAD THIS AGREEMENT TUSSIGN, TRANSFER AND DEDICATE AS PUBLIC ROAD ("Agreement") is dated this Qf day of '6ruE: , 2011, and entered into by and between all twelve (12) of the HOMEOWNERS F 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:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210_doc 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. U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc r AS TO ASSIGNOR: HOMEOWNERS OF ROSEWOOD SUBDIVISION Lot #1- 1498 Excaliber Drive W' Ss ?. r Pr in Witness Name Mark P. Bryan Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : SS Na c L. Bryan The foregoing instrument was ack geab-e a me this day of I .mob r? 2010 by Mark P. Bryan, who i p rsonally known or who has produced a Ion. of ry Public - ate of Florida Print Name C?g STATE OF FLORIDA SS COUNTY OF PINELLAS My commission expires:- (-ra- KAMMVIM ft" PMYC • sto d PIN" • MIN I Inn?*A1,2012 COWAM oe 0 Do Tian 9W4W dV*l4%dbW"8kVy The foregoing instrument was re me this -±-L day of 2010 by Nancy L. Bryan, who' ersonally known r who has produced Not ry Public - ate of Florida Print Name V-an n mnn rnan -r-/?- My commission expires: KAA1 MM?11 PrYe • s m d F%W"o FC7;osW8" E40"W J01. 2D1 0 00 flint -ow A0L Witness Print Witness Name Lo' s, as Trustee of the Is B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007 U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 121O.doc Lot #1- 1498 Excaliber Drive Witness Print Witness I%me Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS SS The foregoing instrument was acknowledgecP 2010 by Mark P. Bryan, who is personally knc as identifi 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 of 2010 by Nancy L. Bryan, who is personally known or who has produced, as identification. Notary Public - State of Florida My commission expires' Witness Miaod v Pr Witness N me Witness Mark P. Bryan Lot #2 - 1492 Excal er Drive Lois B. Daniels, as Trustee of the Lois B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007 w Nancy L. Bryan me this day of who has produced - 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 acknowledged before me this ;,-? day of 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 F i.r •.i ?'- t-, ?)LkZ - S2 Z - 52- - GV 8 • ° as identification. My commission expires: Notary, Public •-- State of Florida Print Name /!7a t1A,-w MATTHEW WINGER Notary Public - State of Florida " My Comm. Expires Oct 7, 2014 ;??F??;••' Commisslon # EE 33333 Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged 2010 by Paul Steven Zimmermann, who is p4 as i Notary Public - State of Florida Print Name Paul Steven Zimmer n Laura n Zimmermann Fe me this day of ally known or who has produced My commission expires: STATE OF FLORIDA ,01 . SS COUNTY /PILAS The foregont 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 : SS COUNTY OF PIN The foregoing instrument was acknowle efore 2010 by Lois B. Daniels as Trustee of the Lois December 11, 2007, who is personally known or who as identification. Notary Public -- State of Florida me this -- day of ' .... , Is Revocable Inter Vivos Trust Dated o TYftg duced My com'IFJNqjLexpires: Witn s ?/_ If P-0n Print Witryess Name ?- , Witn s XWFAJ Print Witness name STATE OF.FLORIDA COUNTY OF PINELLAS : SS Laura Lynn Immermann The foregoing instrument was acknowledged before me this _,?L day of - TAwt,,tA_ %G1 , 2010 by Paul Steven Zimmermann, who is personally known or who has produced L , biz 1, 41 as identification. qu? 3 My commission expires: Notary Public - tate of flora NOTARY PLBLIC•STATE OF FLORMA Print Name ,2?r? D•?-??'E Karen D. Pierce STATE OF FLORIDA COUNTY OF PINELLAS : SS Lot #3 -- 1474 Excaliber Drive P I S 9v Zi mermann Commission # DD937683 Expires: DEC. 15, 2013 BONDED THRU ATLANN-nC BONDING Co., INC. The foregoing instrument was acknowledged before me this day of . who has produced -STATE OF FLORIDA Karen D. Pierce MY commission p ion #DD937683 ex fires: "?•..,,,,..A? Expires: DEC. 15, 2013 201 by 1Laura I,ynn Zimmermann, who is personally known o • DiP. ,'C as NOTARY PL ELIC identification. U:\Documebts\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN ANp TRANSFM`RW EASEMENTS (rev 121510) 1210.doc NOTARY PUBLIC-STATE OF FLORIDA Karen D. Pierce Notary Public -- Stq)e of Flor da Notary-Commission #D 15, 2013 A-4 "y. ,, • ? Expires: DEC. 15, 2013 Print Name %. 2,9 Of- BONDED 7gRUATIA\T(CBO,NDfSiGCO.,ntc Print WitnXs Name Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS S The foregoing instrument was ackn le 2010 by Moshen W. Habib, who is pe as Moshen W. Habib Marcelle G. Habib :d before me this day of , Ily known or who has produced Notary Public - State of Florida Print Name STATE OF FLORIDA My commission expires: : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Marcelle G. Habib, who is personally known or who has duce as identification. Notary Public - State of Florida Print Name Witness Print Witness Name Kimberly Cashman My cd1k[Tlission expires: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Witness W %Aq-k" Mueto z Print Witness Name Witness _ 1e_nA:N 2w5ht - Print Witness hslTle STATE OF FLORIDA COUNTY OF PINELLAS : SS Lot #4 ,1468 Excaliber Drive Nf *Wn W. Habi N• ok5 e. ?? I Habib """• LYNNE R, HENSLEY Nolory Public - State of Florida e My Commission Expires Feb 6, 2012 y ? Commission # DD 756138 "?,;?opFt`?.•' BondedThrough NationalNotary Assn. The foregoing instrument was acknowledged before me this 1?0?day of 1;'ntt , 2014 by Moshen W. Habib, who is personally known or who has produced r-1oT-x &- bn'd.-s L., c e rs?- as identification. ? t' 'CILLc- My commission expires: ?,lo (o V "-L Not blic - State of Florida Print a--m•s?-?. ra,Y,I,,, ¢y$ Notary LYNNE - State of Florida STATE OF FLORIDA -= My Commission Expires Feb 6, 2012 Commission # DD 756138 $ $ BMW Thwugh National Notary Assn. ry''?y'?„9 ;; ;. •`r COUNTY OF PINELLAS u.r•? , The foregoing instrument was acknowledged before me this -31DW day of 2014 by Marcelle G. Habib, who is personally known or who has produced as identification. My commission expires: Not ubll;tto of Florida Print me nr%? t +st 1-0 NJ Kimberly Cashman U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Name Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged befo 2010 by Moshen W. Habib, who is personally known as identification. Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS Lot #4 - 1468 Excaliber Drive Moshen W. Habib 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 Excaliber Drive Kimberl ashman 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 acknowledged before me this& day of , 20A by Kimberly Cashman, who is personally known or who has produced. as identification. My commission expires Not a of 'da Print Name ZD.l ? IL /AN ELIZABETH H!20434 [?Jjm C;ommWoral! Notary PLIIc, We, ® My comm. explros 14 W itness Hans M. Rohr Print Witness Name Witness ;;e- Print Witness name STATE Rohr OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledg 2010 by Hans M. Rohr, who is personally asi Notary Public -- State of Print Name STATE OF OFO : SS COUNTY LAS The My commission expires: toing instrument was acknowledged before me this day of Anne H. Rohr, who is personally known or who has produced _ gyre me this day of , or who has produced J.sA U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc STATE OF COUNTY OF PINELLAS : SS . .." a The foregoing instrument was acknowledge me this day of , 2010 by Kimberly Cashman, who is personally kno o has produced as identification. Notary Public - State of Florida My coMWN1qjW 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 3_ day of zrtt, gGr.y aoh 3$49 by Hans M. Rohr, who is personally known or who has produced CA _ 01"Jea. L.ice-Ase as identification. Notary Public State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS My commission expires: 'iA / JPL MICHAEL PAGNOTTA Notary Public -State of Florida 4?r My Commission Expires Apr 11, 2012 Commission # DD 757736 The foregoing instrument was acknowledged before me this .-3I_ day of J_ a.. oar,.o atilt Eby Anne H. Rohr, who is personally known or who has produced rL 1?r_iuwJS L IreAs,Pas identification. U:1Documents\ResolutionsrROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc s Print Witness name ,<o Y p?a••, MICHAEL PAGNOTTA '?* * Notary Public - State of Florida Notary Public - State of Florida *--MyCommission Expires Apr11,2o12 "Print Name ~'•:'?„`'' Commission # DD 757736 n.4 SS COUN ELLAS The foregoing instrum acknowledged before me this day of 2010 by Patricia W. Dalton, ersonally known or who has produced Notary Public - State of Florida Print Name ' Counte Frank V. Hibbard, Approved as to form: Laura Mahony, Assistant City Attorney By: My commission expires: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk STATE OF FLORIDA : SS COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and ackn dged the 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 Notary Public - Witness y-1Aw s M , Print Witness Name Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : SS Lot #7 -- 1469 Excaliber Drive . (:;j:) A i?? Paul M. Svaren elt Q" Hen Svaren The foregoing instrument was acknowledged before me this ?hday of , by Paul M. Svaren, who is personally known or who has produced ':;O t L I M as identification. ?A 01 1-.,- -7? My commission ex,Dj?re?s:l 01 ?LI 5 No u lic -State of to a ?JJ Print Nam "I IA(I V,A,%'0' ~ FIGUEROA HILDA Notary Public • State of Florida STATE OF FLORIDA LO y Gomm. Expires Jan 20, tots SS P Commission 0 EE 56617 COUNTY OF PINELLAS The four going instrument was acknowledged before me this 6 day of biLA , ^D 11-2al by Mary Ellen Svaren, who is personally known or who has produced DD L L? as identification. blic - HILDA dWyEsmmmis' Notary Public - State of Floricla My Comm. Expires Jan 20. 2015 expires: 112flIZD 1!T ve U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (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 instrere 2010 by Paul M. , 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 My commission expires: STATE OF FLORIDA : SS COUNTY OF PINELLAS Zday The foregoing instrument was acknowledged before me this of rKrgAaarv o2z l -204-8-by aeren, who is pe onally known or who has produced Agq a a` 'ak & Lend ?S as identification. 15L- Notary Public?'-`Sjate of Florida ?' Print Name UJ'G[ 76t ?r e k,, Wi ess tam ? V-- ? acrta?a s Print Wit ss Name Wit es?, Jas n? My commission expires: IL&Y 26 z p/Z R Lot #8 - 1 475 Ex aliber Drive o? . m E g k e C. Carothers CAW. d"-" ,?"?, Jo ceEB, Carothers U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc STATUE FLORIDA COUNTY : SS The foregoing instrum as acknowledged before me this day of _ 2010 by Wayne C. Caroth ho 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 Joyce B. Carothers, who is personally known or who has prod as identification. Notary Public - State of Florida My commission MIc44tzz -z2fivbw Print Witness Name r-- itra's -' IN, 4 Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : SS Lot #9 -1481 Excaliber Drive Phillip E. Hester Kimiko Hester The foregoing instrument was ackno dged4xA me this -r day of ?Pd 2014 by Phillip E. Hester, who ' ersonall kno who has produced as ication. P Q12= Notary Public - Sta a of Flori a Print Name /AA-/LK IIc- C d., 4 /' -/ ilssion expires: MARK P. BRYAN C 7m*%Nm # DD 843763 Expires January 30, 2013 massenwforW ama rm U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc A STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument wa me this S day of F-e- Lr k ho has produced P?v X201 1 by Kimiko Hester, erson II as"identification. Notary Public - State of Floyyi?da Print Name r? l d? P- UAII A " pi;plres: %C0 wo Cumnssim#DD843763 Expire; January 30, 2013 go„dedTh,yllgF?,Ya?ena804?7M9 Upper Pinellas Association F Witness Retarded Citizens, Inc. Print Witness Name By: Print Name Witness Title Print Witness name STATE OF FLORIDA . SS COUNTY OF PINELLAS 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 ' ntification. My commission expires: Notary Public - State of Florid Print Name Lot #11 - 1493 Excaliber Drive Witness Richard M. Mannen Print ess Name 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 ed before me this day of , 2010 by Kimiko Hester, who is personally who has produced as identification. Notary Public - State of Florida n expires: Lot #10 - 1487 Excaliber Drive Upper Pinellas Association For Retarde Citizens, Inc. l3y:%"1?'kh'Ad0y) -H ers'? vna Print Nye h Title (vXCCu ?06 < ftfx- d STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing ins rument wa acknowledges 0 by lJh do 4es rn , as j Association For Retarded Citizens, Inc., who /I as ides Notary Publi tate of Flo Print Name ,v'e-r) , F. re met 's da of 0t?' 1 of Upper Ilas rsonaliv known o ho has produced b9ft NOW a expires: 0011--201--3 MY COMM. Expke? Jul 26, 201 3 C Commission • DO 6+'6024 ,•;? Bonded Throrph NaIton?l Nowt Assn. Richard M. Mannen U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc : SS CO OF PINELLAS The forego 2010 by Ki instrument was acknowledged before me this day of C ester, who is personally known or who has produced as identification. Notary Public - State Print Name Upper Pinellas Association For Retarded Citizens, Inc. Lot #10 - 1487 Excaliber Drive Witness Print Witness Name Witness Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS By: Print Name My commission expires: : SS The foregoing instrument was acknowledged before me this day of 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 expi (may 4MY Witness S US IN Vj V Vk- to Print 'Hess ame Witne Lot #11 - 1493 ?xcaliber Drive 1 1 1940,-?A i ar M. Mannen Karin G. Ma en U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc ffi- C-W-6 Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowled me this L day of , ?2Gtd'by Ric .Mannen, who is sonally kn or who has produced as I I (cation. Notary P -State f FI 'dar'+ ?Ynq% i RICHARD M.GEDRGES MY COMMI5510N k DD 854513 Print Name ter, ,, ` ___ :x• HF'INES: March 15.'1013 F fronded Thru Nola rY public Underwriters STATE OF FLORIDA : SS COUNTY OF PINELLAS re me this I day of The foregoing instrument was acknow Adoedimf2 2e by Karin G. Mannen, who is rsonally k n or who has produced ification. +i?yz RICHARDM.GEOORGE51 ctl . $A ?gp'WeS R? Bonded Thru Notary Public Underwriters Notary c -- Sta of ;n Print Name I Witness Print Witness Nam Michael S. Dalton Witness Patricia W. Dalton w Print Witness name STATE OF FLORIDA COUNTY OF PINELLAS : SS The foregoing instrument was acknowledged before me this day of 2010 by Michael S. Dalton, who is personally known or who has produced as identification. "0* U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doe STAT FLORIDA COUNTY OF LL The foregoing instrumZ.* 2010 by Richard M. Man : SS acknowledged before me this day of vho is personally known or who has produced It&, as identification. Notary Public - State of Florida Print Name My commission expires: STATE OF FLORIDA COUNTY OF PINELLAS : SS The foregoing instrument was acknowledged before me this day a% 2010 by Karin G. Mannen, who is personally known or who has produced as identification. Notary Public - State of Florida My commission -- s MickQe PGr_rV-44 w Print Witness Name Witnes? Patricia W. Dalton Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS zao The foregoing instrument was acknowledged before me this 1104 day of w , m444 2e%by Michael S. Dalton, who is personally known or who has produced rL - IDS as identification. Q(7 - My commission expires: AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Notary Public - State of Florida My Comm. Expires Oct 7, 2014 Commission # EE 33333 Notary Public - State of Florida Print Name STATE OF FLORIDA COUNTY OF PINELLAS : SS The foregoing instrument was acknowledged before me this day of , -7612B'F$by Patricia W. Dalton, who is personally known or who has produced roc ru,,-r L,c cr 2 as identification. Notary Public - State of Florida Print Name 414 JAI, Co 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. Hibb he Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and ac wledged the execution thereof to be his free act and deed for the purposes herein set forth, d who is personally known to me. By: My commission expires: [-(7// 'f a " "'? MATT:c5la,19 NGER ??uu Notary Publiof Florida My Comm. EOct 7.2014 CommissE 33333 William B. Horne, II, City Manager Attest: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc AS TO ASSIGNEE: CITY OF CLEARWATER, FLORIDA Countersigned: U y y By. Frank V. Hibbard, Mayor Approved as to form: V&ot' )??. - Laura Mahony, Assistant Cit ttorney STATE OF FLORIDA COUNTY OF PINELLAS : SS 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 CQ?? , 2011. Notary Public - Spa Florida f.?Jn/e All Type/Print Name STATE OF FLORIDA COUNTY OF PINELLAS : SS My Commission expires: :y DIANE E MANNI i "c MY COMMISSION # DD952018 EXPIRES March 06, 2014 (407)398-0153 FlorMMabrySuvim.com 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 SE hday of , 2011. My Commission expires: NotQy Public tie o q? a AmMade Wigs Type/Print Name M%=MWONOD841107 4?' EXPtRE& NOV. 24, 2012 2011 WWW.AARONNOTARYcom Attest: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 121 O.doc William B. Horne, II, City Manager N LL. O uj 0 Q CL m 5 • a Y I .,,? ? ?? X r. ? :y s4i e'D 7, t a W ?,? ??w,,- .? y ??? ? ? std r ?L ? ??.•? .???5 ai `?= v !-17 I 0 .? Lr m .;- V i E - v e z y L 21:??-4? _.xi as c Cl) ?pfA fie ?? ,??F ?? $i. - Q7 L'a yrl. zw([ w a /? U 'I a s` iw n = -c= cn yak 7 _ ,may .. j Yi.c .yam Cl) c, o, axt?ra §"? r .a I iJ i ? ? 1 w x "T" L U '177- ui r: ?. ?0 9 ?" I ? I f)7 L ?? I•` W N ---,fr??fb irrr, .a c?I ? W QW - I I r; ?? C11 , r .. 0 N v a R[ ? 4 ? T--_ N p_u II M?. C/- n W f 'l pp a __ loll I i> 52 - µ.,R - p, d4 )II aC4I I ? S oaf u"?p 6FY- ? X911 i' I Ij ?' ? ?UpF'y © Id?WtrpS I I*I 4C , I i? -,.H I W ?,AF © X?4z4 ?vu -_.I f - F. Q?a." I:eI:;N cv 'a ? o I ??? kI' a a?x ,ea bf' a,o-o;Hri.Hgs dV02' Aa35t?f11V ? ?..._p... gxoo4 a H a w W w .. -... ?•,?, ••?' x-. ?itit $fe "'telA a,te m. 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'• ..?? ? r - ? ; Aw _ __ arse .......I and _ I R l ei row I' ? r er•A (y .. ? I ;f? .r. L ---?.e{?r ..aw ?? E!{r.i • i, cam, brk: pr. ''rarw? wtq ?»i>s Na sass ?9?i;enx w J 1M? _ i- ; w '- 21 esn/ : see„e y -F T yaw; :Yr06'? klwx ? ... s,sn • - Val ".7 i I q _ -P in I P wre''I yrfe,, Boa x S eeYp 'D ,.? ?? I Iw® • j ', J . ?^ ... -_ w-I 4 ?rr? ,.p V •'. 9 m oemM ___ Ili 13 Exicaliber c _ ?. .. . Vin, , ' ?d L{, t .. ?? ;, TL,? r 'A , i w ^?A reY " _AZIL I I b M „? L r 4 w• ?• '1" r - JJ, I • wr•ux ?ry JC q r! r rq•???6 rli. (n r ..E 774 A t° ??sqq L?J 6r -wn -31 nu Y ?J /?1 of r X. EOeW p°m w'• n «,r0 Ran MM wew men L J ' ?rY? P • 3r ww aer w wir6 nacre {Im a,i N1ra ure ?? r iz100o 9fiYfr Far Clearwater ? Excaliber Dr. R/W Dedication L en Building Footprint Outside CLWTR City limits N _ U Parcel Boundary W E within Rosewood Subdivision Prepe,yd by, e."J."anng oapartmant A Agreement to Annex s Geographic Technology DIvIii 100 S. Myrtle Aw, Claarwabr, FL 83768 Ph: 72y)rb2-4750, F-:27)526 p.ayss Map Gen By: CD Reviewed By: EB Date: 0112812011 Grid #: 317A S-T-R: 19-29-16 Scale: N.T.S. www.my,:laarwat".cam :°° j? y?n ;ease ?soz' j?ii,? arem :+,?a eesre Wrs ls"rn ?vw.. '.uzai i!J6 ,AAti ?pAaiF' li "1! ? neri 16a_s 'vA,?e ?!61G .x? .. is°' ?wf ? ° ' ° ;dex m'? •?-- ,_ . : ? a>r.: , , .? . - 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?!+j,day of February , 2011. Frank V. Hibbard, Mayor Approved as to form: Attest: Laura Mahony, Assistant Cffy Attorney Rosemarie Call, City Clerk 2 Resolution No. 11-03