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THOMAS & DOROTHY J. JESSUPReturn to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. 11-29-15-98946-000-0010 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2011334658 12/19/2011 at 04:35 PM OFF REC BK: 17438 PG: 2672-2676 DocType:EAS RECORDING: a44.00 SIDEWALK 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, Thomas Jessup and Dorothy J. Jessup, husband and wife 2826 Saber Drive, Clearwater, FL 33759 and owners of property at 1770 Drew Street, Clearwater FL 33755 ("Grantor"), do 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: A portion of WOODMERE HEIGHTS, LOT 1, according to the map or plat thereof as recorded in Plat Book 45, Page 45 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 ("Easement Premises"). This easement is granted for maintenance, repair and replacement of a public sidewalk. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to maintain thereon such sidewalk and to inspect and alter and/or replace same from time to time. Grantee shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times for traveling purposes. 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 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 or Grantee's employees, agents and contractors 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, 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. The Remainder of fhis Page Intentionally Left Blank IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this �_�day of Nt�U�cn��v � , 2011. Signed, sealed and delivered in the presence of: � Witness signa r G�r u o� /n �G� Print witne na e ��"�_�� � --____ ° ✓"" itness signature #� C��.. �. �� ►� � a��►s Print witness name STATE OF FLORIDA ss COUNTY OF PINELLAS : Thomas J p i_C'. �---�---�-�-�� �"1- �-�-�--�-�� Dorot J , up ,� �.�.{� ___.� The foregoing instrument was acknowledged before me this �L day of ��)CI�.VYI�'.�G1'�� � 2011 by Thomas Jessup and Dorothy J. Jessup, husband and wife, who each personally executed the foregoing instrument, and who acknowledged the execution thereof to be their free acts and deeds for th �ases and purposes therein expressed, and who [] are personally known to me, orwho [ did provide �rivQ.rS LiCCP_�1�52� as 'fication. My Commission Expires: ry b ic - tate of Flori�a Type/Print Name �:;;��'��-•. PAULAFAKIOLAS � ` � Commission # DD 984778 � or: Expires May 22, 2014 r�;,,n�:� BadedThuT�oyFainkiaairvae800�3tS7019 Scale 1" = 30' THIS IS NOT EXH I BI T"A" ����� A SURVEY! ! �� a x� �� w 589°23'57"E 5.00' � � � � o _� o � o � o � W�z�� _ W�� �r � ����o z W ° Point of Beginning Easement "B" N89°23'S7"W w I 8.00' � � �o � '" �' S'L'3°'22'09"E �n z I i �.5i� N00° 10'41"E 1 G.00' Point of Commencement Lot2 WOODMERE HEIGHTS P/at Book 4S, Page 4S Lot 1 -� � � � � � EASEMENT "A" N89°23'57"W North R/W Line 7.00' Dre w Street Point of Beginning Easement "A" � O � � � � Legal Description of Easement "A" A Corner Clip Sidewalk Easement described as follows: Begin at the Southwest corner of Lot l, a property described in the plat "Woodmere Heights" located in Plat Book 45, Page 45; from said Point of Beginning "A", run North a0° 10' 41 " East, along the F,ast right-of-way of Mars Avenue, a distance of 16.00 feet; thence run South 23° 22' 09" East, a distance of 17.51 feet to a point on the North right-of-way line of Drew Street; thence run North 89° 23' S7" West, along said North right-of-way of Drew Street, a distance of 7.00 feet to the Point of Beginning "A" Legal Description of Easement "B" An 8' Sidewalk Easement described as follows: Commence at the Southwest corner of Lot l, a property described in the plat "Woodmere Heights" located in Plat Book 45, Page 45; run North 00° 10' 41 " East, along the East right-of-way of Mars Avenue, a distance of 54.94 feet to a Point of Beginning "B"; thence run North 00° 10' 41 " East, continuing along said East right-of-way of Mars Avenue, a distance of 65.00 feet; thence run South 89° 23' S7" East, parallel to the North right-of-way of Drew Street, a distance of 8.00 feet; thence South 00° 10' 41 " West, parallel to said East right-of-way of Mars Avenue, a distance of 65.00 feet; thence North 89° 23' S7" West, parallel to said North right-of-way of Drew Street, a distance of 8.00 feet to a point on said East right-of-way line of Mars Avenue and the Point of Beginning "B". l � AFFIDAVIT OF NO LIENS STATE OF FLORIDA :ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Thomas Jessup and Dorothy J. Jessup, husband and wife, whom, being first duly sworn, do depose and say: 1. That they are the owners of legal and equitable title to the following described property in F'inellas County, Florida, to wit: WOODMERE HEIGHTS, LOT 1, according to the map or plat thereof as recorded in Plat Book 45, Page 45 of the public records of Pinellas County, Florida 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, other than those which will be paid during the normal course of business, except: (list, or if none, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, and: 5. That no written notice has been received for any public hearing regarding assessments for improvements by any government, and 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. 7. That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting of a sidewalk easement to encumber the above- described property. � �, , Signed, sealed and delivered In the presence of: � �, WITNESS sign u (; i`"i° a r, r.. ��Tk Print Witne Na e ���.� �s= � . � I __� i�C- �� ITN S ignature �� ,�-- � Ki c� ia � Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS : C Thomas Jess � .: Dorothy J. J p'' The foregoin instrument was acknowledged before me this ��ay of ��tj,Q.l''Y� h� , 2011 by Thomas Jessup and Dorothy J. Jessup, husband and wife, who did execute the foregoing instrument and who acknowledged the execution thereof to be their free act and deed for the uses and urposes therein ex ressed, and who [ ] are personally known to me, or who [ did each produce J, Ir i V P.Y'S �,irP.-►� SP_.• as identification. �._-------- �_� /� � - - otary ublic - State of Florida r -�' �� I� �.K�r��aS Type/Print Name My Commission Expires: ,���'h�s PAULA FAKIOLAS =�• _ �omm�sslon # DD Expires Ma � 984778 � .:� y , 2014 '•�. � ew�a r►w rny F�a, n� eooaes.�o�a