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MORTON PLANT HOSPITAL ASSOCIATION INC (4).r_... ;, .. _ o Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel No. 21-29-15-00000-120-12D0 KEN BURKE, CLERK OF COUR7 PINELLAS COUN7Y FLORIDA 7NSY# 2Q'71237029 �91D8/218568186712 �M OFF R�G BK: 173A9 PG= p�Yype;EAS REGORDING: 518.50 RIGHT OF WAY 8� UTILITIES EASEMENT FOR AND IN CONSIDERATION of the sum of $10.0� cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, MORTON PLANT HOSPITAL ASSOCIATION, INC., a Florida not-for-profit corporation, having its principal place of business at 300 Pinellas Street, Clearwater, Florida 33756 (herein, "Grantor") does hereby grant, bargain and convey to the CITY OF CLEARWAT�R, FLQRIDA, a Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, for the use of the general public, easement for the purposes herein expressed over, under, acrass and upon the following described land lying and being situate in the City o Clearwater, County of Pinellas, State of Florida, to wit: A portian of the Narthwest '/4 of the Northeast '/4 of Section 21, Township 29 South, Range 15 East, as more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted f�r public right-of-way and public utility purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to construct, install and maintain thereon and therein public roadway, sidewalk, curbing and utility facilities and to inspect and alter such public roadway, sidewalk, curbing and u#ility facilities from time ta time. Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and canvey this easem�nt to Grant�e, and that Grantee shall have quiet and peaceful possession, use and enjayment af this easement. It is expressly understoad and agreed that Grantar reserves all rights af awnership of the easement premises nat inconsistent with the easement righ#s gran#ed herein. Grantee, to the extent permitt�d by Florida Statute 768.28, 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 Grante�'s or Grantee's employees, agents, contractors and/or invitees use and occupation af the easement premises. However, nothing contained herein shall be construed to waive or modify the pravisions af Florida Statute 768.28 or th� doctrine of sovereign immunity as to any party hereto. In addition, C:\Documents and Settings\dmh$605$\Local Settings\Temporary Internet Files\OLKC7\MORTON PLANT HOSP ASSN R-W UTIL EAS O411.doC 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. The easement h�r�in granted, and the covenants and r�strictions hereby imposed, shall be easements, restrictions and cov�nants 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 baund by the terms, provisions or conditions of this Grant of Easement, as if said person, firm or entity were original parties hereto. IN NESS WH�REOF, the Grantar has caused these presents to be executed this � day af , 2011. Signed, sealed and delivered In the presence of: "Print WITNESS Name STATE OF FLORIDA : ss COUNTY OF PINELLAS MORTON PLANT HOSPITAL ASSOCIATION, INC., a �lorida not-for-prafit carporation gy: � , Print Name � Title ���s:.►�„� The foregoing instrument was acknowledged before me this �, day af , 2011 by GIP.nn �. Inl��rs ._..__, as of Morton Plant Hospital Association, Inc., a Flarida not for profit corporation, wham, being duly authorized, personally executed the foregoing instrument on behalfi of said corporation, and wha acknowledged the execution thereof ta be hL free act and deed for the use and purpos�s herein set forth, and who [�( ] is personally known to me, or who [] did provide as identification ����f�i, ���.�� __ . _ __ My Commission �xpires�,T.�� �',3" Natary Public - State of Flarida �a�cc Ne1a� �/I-� �•",r,••,•, PAtRICE NOLAN LANE �� ��S Notary Publfc - 5tate of Florida Type/Print Name 4� •: My Comm, Explree Jan 26, 2o�s Commissfan � EE 52308 I"'•••°; ,�, �`� Bonded Throuph NationAl Notary Asan: C:\Documents and Settings\dmh86058\Local Settings\Temporary Internet Files\OLKC7\MORTpN PLANT HOSP ASSN R-W UTIL E4S O411.doC AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS : FORE ME, the undersigned authority, personally appeared `����`�' �• �`�'--S as � af Morton Plant Hospital Association, Inc., a Florida not- far-profit corporation, whom, being first duly sworn, does depose and say: 1. That said corparation is the awner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion af the Northwest '/4 of the Northeast '/4 of S�ction 21, Township 29 South, Range 15 East, being more particularly described as fall�ws: From the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 21, Township 29 South, Range 15 East, Pinellas County, Florida, run thence West 30 feet; thence Sauth 165 feet far a Point of Beginning; thence Sauth 330 feet; thence West 4.73 feet; thence South 13$.25 feet; thence West 506.�6 feet; thence Narth 139.5 fe�t; thence East 128.5 feet; thence Sauth 89° East, 95.32 feet; thence South 01 ° West, 35.16 feet; thence South 89° East, 41 feet; thence North 01 ° East, 35.16 feet; thence South $9° East, 38.39 feet; thence North 01 ° East, 14 feet; thence �ast 205 feet to the Point af Beginning. Containing 4.24 acres, more or less. 2. That said property is now in the possession of the record owner. 3. That there has been no labor p�rformed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, ather than those which will be paid during the normal course of business, except: (List or insert "NONE". If no ent it will be deemed Affiant asserts "NON�".). 4. That there are no liens or encumbrances of any nature affecting th� title of the property herein described, except easement and restrictions of record, any �ncroachments, overlaps or other rights of third parties which would be shawn by a current survey, except: (List or insert "NONE". If no entrv, it will kae deemed Affiant asserts "NONE". C:\Documents and Settings\dmh860581Local Settings\Temporary Internet Files\OLKC7\MpRiON PLANT HOSP ASSN R-W UTIL EAS O411.doC 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 herein described prap�rty for improvement thereta 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 gavernment. 7. That the representations embraced herein are for the purpose af inducing the CITY OF CLEARWATER , its agents, successars and assigns to rely thereon. Signed, sealed and delivered in the presence of: �° - WITNESS � at e L . l�AT !� pn�SC�,t-/ Prin Witness Name �(Li. (� ,,S,c_Q ITNESS signatu � � t� �4 l�- l�'�- ! S� % Print Witness Name MORTON PLANT HOSRITAL ASSOCIATION, INC., a Florida not-for-profit corporation �: ��� � y Print Name e � � Title ���s� d�„�" Swarn to and subscribed before me this �� day ofi , 2011. _�a�'"Yr`��Nd.�� � � Notary Public — State af Florida ��f d a �h Type/Print Name �DiS Commission Expires ��i�urr� ���Ci� �i� ��� � � Mptary Public - SWe ol Florlda - ' W Co�n. Expire� Jan ?6. 2016 Commi�aion # EE 52806 •�„ Bonded Through NallonAl Mot�r� A�an: C:\Documents and Settings\dmh86D58\Local Settings\Temporary Internet Files\OLKC7\MORTON PLANT HOSP ASSN R-W UTIL EAS O411.doc •_ , r s�o�e �N = �o' EXHIBIT "A" This is not o su�vey n�vRTH Legal Description A Right-of-Way Easement z 0 � � � a =w � �z � W O � ,y a _ � � 0 � I3egin at the intersection of the north right-of-way line of Pinellas Street and the west right-ot=way line of South Fort Harrison Avenue for a point of beginning; thence N 89° 12' 03" W along the north right-of-way line of Pinellas Street a distance of 15.00 feet ; thence N 00° 35' 45" F along a line parallel to the west right-of-way line of South Pori Harrison Avenue a distance of 3.OU feet; thence S 89° 12' 03" E along a]ine parallel to the north right-of-way line of Pinellas Street a distance of 15.00 feet; thence S 00° 35' 45" W along the west right-of-way line of South Fort Harrison Avenue a distance of 3.00 feet to Che point of beginning.