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CLEARWATER HOUSING AUTHORITY (2)' *� Re-Record due to missing Exhibit A KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2011273047 10/1M2011 at 11:48 qry� OFF REC BK: 17382 PG; 696-697 DocType;EqS RECORDING: $18.50 R@tU�II t0: � �C STAMP: $0.70 Earl Barrett Engineering Department KEN BURKE, CLERK OF COURT City of Clearwater PINELLAS COUNTY FLORIDA P. O. BOX 4748 INST# 2011324942 12/09/2011 at 09:34 AM Clearwater, FI. 33758-4748 OFF REC BK: 17428 PG: 2618-2620 DocType:EAS RECORDING: 527.00 Parcel No. 15-29-15-55764-005-0010 MULTI-USE TRAIL EASEMENT FOR AND IN CONSIDERATION of the sum of $10.00 cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, CLEARWATER HOUSING AUTHORITY, a public body corporate and politic of the State of Florida, having its principal place of business at 908 Cleveland Street, Clearwater, Florida 33755 - 4511 (herein, "Grantor") does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, for the use of the general public, an easement for the purposes herein expressed over, under, across and upon the following described land lying and being situate in the City of Clearwater, County of Pinellas, State of Florida, to wit: A portion of MARY LAND SUBDIVISION, B-5, Lots 1 through 22, inclusive, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, as more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted for construction and maintenance of a multi-use public trail. 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 such public trail improvements, sidewalk, curbing and utility facilities for the use of the easement as a multi-use public trail, and to inspect and alter such public trail improvements, sidewalk, curbing and utility facilities from time to 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 convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood and agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. Grantee, to the extent permitted 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 Grantee's 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 provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, C:\Users\kristintWppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.0utlook\FFRIZXUS\CLW HOUSING AUTH MULTI-USE TRAIL EAS 0611 (2).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. Grantee shall have sole responsibility for maintenance and repair of any improvements Grantee constructs pursuant to this easement in a commercially reasonable manner in compliance with all applicable codes, laws and regulations. The 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. � IN ITNESS WHEREOF, the Grantor has caused these presents to be executed this � day of ' �4- , 2011. Signed, sealed and delivered In the presence of: STATE OF FLORIDA : ss COUNTY OF PINELLAS CLEARWATER HOUSING AUTHORITY, a public body corporate and politic of the State of Florida �— , , ,____. By: Print Nam Jac line Rivera Title Chi xecutive Officer The foregoing instrument was acknowledged before me this G� day of /�c.��-S"�� , 2011 by '� �c.�� wz.\�� '�Z'�v e.c--�� , as �'}u�;,F C E X�c �-.3�; v� r�-�z c.�.,v– of Clearwater Housing Authority, a public body corporate and politic of the State of Florida, whom, being duly authorized, personally executed the foregoing instrument on behalf of said entity, and who acknowledged the e cution thereof to be h� free act and deed for the use and purposes herein set forth, and who [' is personally known to me, or who [] did provide as identification °- � � ��„ Notary Public - Stat f Florida Kristin Trezza Type/Print Name My Commission Expires �o��" �.":'��, KRI$TIN TR�A * � * MY COI�NSSION # EE 067464 EXPIRES: February 24, 2015 �'+'FOF FL�>�e Bonded ihru Budget Nde�y Servkes C:\Users\kristint�AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\FFRIZXUS\CLW HOUSING AUTH MULTI-USE TRAIL EAS 0611 (2).doc ��l�y�av15 � ` } Scale 1" = 100' THIS IS NOT A SURVEY!! h 0 � � W � � � � � � � � � � � ti h � � EXHIBIT "A" i � 1------ B 1 ; , i ;1 2 �`\ 6 `� 7 -------- � � �1 � `� � � , 3 � 5 �\ ' � i��rii NORTH i i i i i , , I g I g I �� I 11 � 12 I I I I I i i i � � NORTH PINE STREET SOUTH PINE STREET � 10' MUL T/—USE TRA/L EASEMEIVT 1 LEGAL DESCRIPTION A Multi—Use Trail easement over and across the Westerly 10 feet of Lots 1, 2, 3, 4, 5, and 6, and the Southerly 10 feet of Lots 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Block 5 of the "Maryland" Plat recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida. DRUID ROAD AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY �F PINELLAS : BEF�RE ME, the undersigned authority, personally appeared Jacaueline_ Rivera as Chief Executive Officer of Clearwater Housing Authority, a public body corporate and politic of the State of Florida, whom, being first duly sworn, does depose and say: 1. That said entity is the owner of legal and equitable title to the following described praperty in Pinellas County, Florida, to wit: MARY LAND SUBDIVISI�N, B-5, Lots 1— 22, inclusive, according to the map of Pla# 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 pertormed or materials furnished on said praperty for which there are unpaid bills for labar or materials against said property, other than those which will be paid during the narmal course of business, except: (List or insert "NONE". If no entrv. it will be deemed Affiant asserts "NONE".). 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easement and restrictions of record, any encroachments, overlaps ar other rights af third parties which would be shown by a current survey, except: (List or insert "NONE". If no entrv. it will be deemed Affiant asserts "N�NE".) 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments far improvements by any government, and it is hereby warranted that there are na unpaid assessments against the herein described property for improvement thereto by any government, whether or nat said assessments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any gavernment. C:\Users\kristintWppData\Local\Microsoft\Wlndows\Temporary Intemet Files\Content.0utlook\FFRIZXUS\CLW HOUSING AUTH MULTI-USE TRAIL EAS 0611 (2).doc 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER , its agents, successors and assigns to rely thereon. Signed, sealed and delivered in the presence of: ,��/ir_ _; j� L. � ��f� % - r� ' - � ' � L � �L/..' ►.� •.� -� -� i WI E S sign Print Witness Name CLEARWATER HOUSING AUTHORITY, a public body corporate and politic of the State of Florida By. _ � Print Nam ac u ine i a �" Title Ch xecut e �fficer Swom to and subscribed befare me this �� day af �"�SN�--S� , , 2011. r _ /% r� L Notary Public — State Florida Kristin Trezza Type/Print Name �/��5 My Commission Expires �`""Y "''4� Kq181'IN'fl�?A * �• �� * MY COMMISSION # EE 067464 EXPIRES; February 24, 2015 �P'r�a ��'�°F Bonded TMI Budget Nolary 5ervicea C:\Users\kristintWppData\Lpcal\Microsoft\Windows\Temporary Intemet Files\Content.0utlook\FFRIZXUS\CLW HOUSING AUTH MULTI-USE TFtAIL EA5 0811 (2).doc