The URL can be used to link to this page

BRIAN K. AND REGINA DEWITTReturn to: Chuck Lane Engineering Department City of Clearvvater P. O. Box 4748 Clearvvater, FI. 33758-4748 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2012052314 0212212012 at 04:06 PM OFF REC BK: 17496 PG: 1570-1575 DocType:EAS RECORDING: $52.50 Parcel I. D. No. 13-29-15-22662-000-0320 DRAINAGE EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Brian K. DeWitt and Regina M. DeWitt, husband and wife, whose address is 800 Wellington Drive, Clearwater, Florida 33764 (herein, "Grantor") do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), its licensees, agents, successors and assigns a non-exclusive 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 DRAINAGE EASEMENT lying and being situate within a portion of Lot 32, DRUID ACRES SECOND ADDITION, according to the map or plat thereof in Plat Book 39, Page 74, Public Records of Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("Easement Premises"). This easement is for drainage facilities installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install and maintain therein the herein referenced drainage facilities, together with appurtenances thereto (collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it 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. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. Upon the installation of the facilities and within ninety (90) days of the Grantor's execution hereof, Grantee, at its sole cost and expense shall construct landscaping improvements as described in Exhibit "B" appended hereto and by this reference made a part hereof. 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 and/or invitees use or 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 is binding upon the Grantor, the Grantee, their heirs, successors and assigns. 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. � IN W ESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this �� day of �� , 2011. Signed, sealed and delivered in the presence of: Witness signa ure /r9��C✓�iB /1 Gc� owS�/ � STATE OF FLORIDA . : ss COUNTY OF PINELLAS: . Brian K. De itt / � �`, � � �, _ � ._ Before me, the undersigned authority, personally appeared Brian K. DeWitt and Regina M. DeWitt, husband and wife, who executed the foregoing instrument, and who acknowledged the execution thereof to be their free act and deed personally, for the use and purposes herein set forth, and who [�'are personally known to me, or w did each produc as identification. /� . My commission expires: Notary Public - State of Florida L►nda L� ►sc. ��ul�a�'-f- Type/Print Name �,,,.,, ,��:rv�.,, LINDA LUISE TRE�?�AFT :.; :__ Commission # EE 06Ci�)45 �+� =o� Expires May 12, 2015 '� jj i�,°��`��` Baded Thru Troy Fan Ine�Nence 800-3C5-7019 Consent of Lien Holder Mortaaae Electronic ReQistration Systems, Inc. ("Lien Holder"), is the current holder of a Mortgage dated May 4th, 2005 as recorded in Instrument No.2005173672, hereby consents to the grant of the foregoing Drainage Easement dated December 215�, 2011 by Brian DeWitt and Regina DeWitt to City of Clearwater, Florida and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non-judicial proceedings, the same shall be sold subject to said Drainage Easement. SIGNED AND EXECUTED this � day of December, 2011. STATE of COUNTY of Maryland Frederick Mortgacte Electronic Registration Systems, fnc. By: i� z , Ralph L. Hall, Vice President BEFORE ME, the undersigned aufhority, on this day personally appeared Ralph L. Hall, Vice President, of Mortaaae Electronic Re4istration Systems, Inc. known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS '� day of December, 2011. ti\N JO��,�, ,�' ° NQ1A�� p�641G � �+�iON G� �� y�p@014 � tary Public State f a d Kristin Jolliff My commission expires: 12/20/2014 Parcel No. 13-29-15-22662-000-0320 CONSENT OF LIEN HOLDER SunTrust Bank ("Lien Hoider"), the current owner and holder of a Mortgage dated January 17, 2006, as recorded in Official Records Book 14919, Page 2204 of the Public Records of Pinelias County, Florida, hereby consents to the grant of the foregoing Easement by Brian K. DeWitt and Regina M. DeWitt, husband and wife, to the City of Clearwater, Florida, and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of �aid mortgage, ar �±h�r s�le of saic! ��ON°rty described in said mortgage under judicial or non-judicial proceedings, the same shall be sold subject to said Easement. SIGNED AND EXECUTED this ,n� day of 1� �V , 2011 SunTrust Bank By: C ��rr-�� Name: o �cNE�.� Title: �/ � c� n�.c- S/ D� N�1� STATE OF ��-�dZ � ��l� : ss COUNTY OF ��Rw�6�' Before me, the undersigned authority, on this da� j,�/ CE �/�S�D�-�7' of SunTrust Bank known whose name is subscribed to the foregoing instrument and w executed the same for the purposes and considerations therein stated. as the act and deed of said Bank. appeared�ot-�N� S�HEu,. o me to be the person and Officer �o acknowledges to me that s/he expressed, in the capacity therein '-1' Given under my hand and seal of office this %'T ` day of �o � , 2011 �� o��°��,, JACKIE COPELAND � PSIY PV ;�°. ;`� ; Notary Public - State of florida �4 :;* My Commiesion Exp+res Jun t 6, 20t 2 ;"� o;. Commission # DD 798154 ��''�0�� °` � Bonded Thraugh National Notary Assn. Nota ublic State of �LoR��A My commission expires: �u,v� /(o�o?o�� Legal Description: Begin at the NE corner of Lot 32, as described in the plat "Druid Acres Second Addition" located in Plat Book 39, Page 74; from said Point of Beginning thence go S00°06'13"E, a distance of 10.65'; thence S86°16'40"W a distance of 185.01'; thence N12°13'14"W a distance of 20.22'; thence N86°16'40"E a distance of 66.47'; thence S89°20' 14"E a distance of 122.56' to a point of beginning. Containing 3,167 s.f. +/- EXHIB IT Druid Road 66' R.O. W. „A„ NORTH Sca/e 1 " = 30' This is not o survey ORU/D ROAD P. O. B. SOUTH R/W LINE —�.�.... �� S_ 8��4_�E 122.56' _ 3 N86'16'40"E 66.47' � N S00'06'13°E �+ �� 10.65' � N �2 ....�.� ""�� S86'16'40"�N 185.01' o Z � V �� Z �I3 � ti � �� 800 Wellington Drive �� o o� Lot 32 � �' � D�uid Ac�es b � 2nd Addition � / Plat Book 39, Page 74 � I •� CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAINAGE EASEMENT 800 WELLINGTON DRIVE CLEARWATER, FLORIDA �.� NEA APPROVFD BY: � , EXHIBIT "B" PLANT LIST: QUANTITY COMMON NAME BOTANICAL NAME SPECIFICATIO N/A St. Augustine Sod Stenotanhrum secundotum Solid Sod, Tightly Butted loints, In all disturbed areas 63 Sandankwa Viburnum Viburnum suspensum Min. 3 Gal., 24" Ht. X 24" Spd., 36" O.C. 1 Bird of Paradise Strelitsia reainae Min. 7 Gal., 30"-36" Ht., Full i Lavender Crape Myrtle Laaerstromio indica 'Muskoaee' Min. 25 Ga1.,10' Ht. X 6' Spd., Multi- Trunk (3 Trunk Min.) 1 White Crape Myrtle Laaerstromia indica 'Natchez' Min. 25 Ga1.,10' Ht. X 6' Spd., Multi- Trunk (3 Trunk Min.) NOTES: 1. Exact placement of all plant materials to be coordinated and approved by property owner. 2. The contractor will be responsible for restoration of any damage or impacts to the property owner's existing irrigation system. 3. The contractor will be responsible for installing solid sod in any turf areas disturbed during construction. Sod shall be installed at the property owners request to accommodate weather conditions and to insure establishment and survival. AFFIDAVIT OF NO LIENS STATE OF FLORIDA . : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared Brian K. DeWitt and Regina M. DeWitt, husband and wife, whom, being first duly sworn, do depose and say: That they are the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lot 32, DRUID ACRES SECOND ADDITION, according to the map or plat thereof in Plat Book 39, Page 74, 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, except: That certain mortqaae and other instruments of security dated Mav 4. 2005 aiven in favor of Monticello Bank. as recorded in Official Records Book 14294, Paae 485 of the Public Records of Pinellas County, Florida, havinq been subseauently assipned and now owned and held bv Wells FarQO Bank, N.A. and that certain mortaaae and other instruments of securitv dated Januarv 17, 2006 aiven in favor of SunTrust Bank as recorded in Official Records Book 14919. Paqe 2204 of the Public Records of Pinellas Countv. Florida. 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 the easement herein being conveyed to encumber the above-described property. Signed, sealed and delivered in the presence of: f � Witn ss signature ��,r, � , ,� ,Print Witness Name ,, . f�� rint Witness Name STATE OF FLORIDA . : ss COUNTY OF PINELLAS: /`1 � i� �L�/. , � �- / � ,w �.._� � -.- r .- Before me, the undersigned authority, personally appeared Brian K. DeWitt and Regina M. DeWitt, husband and wife, who executed the foregoing instrument, and who acknowledged he execution thereof to be their free act and deed personally, for the use and purposes herein set forth, and who ��are personally known to me, or who [] id each roduce as identification. My commission expires: Notary Public - tate of Florida L� n� a l�•t ��c �re �,�:hA-Ff Type/Print Name ,�;;�°� �,:., .::a �_,i�s� AFr s•; :,� Cr;rx,r. si�ion # EE 060p45 �y`-�:;t,: N�ay 12, 2015 ��. Boir.��.��:t,,,�"q;pF3fny�g80a385�7019