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GEORGE A. MALNATIReturn to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel I. D. No. 03-29-15-12060-013-0250 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2012119587 04l26/2012 at 01:09 PM OFF REC BK: 17562 PG: 2182-2184 DocType:EAS RECORDING: 527.00 STORMWATER 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, GEORGE A. MALNATI, 1835 North Keene Road, Clearwater, FL 33755-2314 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), 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 STORMWATER DRAINAGE EASEMENT lying and being situate within a portion of Brooklawn Block M, aka Lake, as recorded in Plat Book 13, Page 59, 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") Supplemental to the City's interests it as it may appear in accordance with Ordinance No. 4280-86 as recorded in Book 6404, Page 140 of the Official Records of Pinellas County, Florida, this easement is for installation and maintenance of stormwater drainage facilities 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 utility from time to time for the purpose of maintaining stormwater flows from a public stormwater system. Grantee hereby assumes all maintenance of flow only and is not responsible for aesthetic and maintenance considerations in and on the Easement Premises. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA may remove vegetation and alter the grade of the Easement Premises to allow adequate stormwater flows and otherwise 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 provided such conditions do not impede stormwater flows as maintained by Grantor. 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. Grantee, to the extent permitted by Florida Statute 768.28, agrees to indemnify and hold harmless Grantor from and against 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 WITN�SS WrH�E�OF, the undersigned grantor has caused these presents to be duly executed this � day of `�� (1 � , 2012. Signed, sealed and delivered in se e � �� WI�IESS sign�f�.�re� � c-l�c.sr f Prit�#�W,i#i�ss Name .�l _ W nt Witness Name STATE OF FLORIDA ss COUNTY OF PINELLAS: GEORGE A. MALNATI, Grantor By: 1%�� G�`/�� George A. Malnati cs � �) ( /��?.1 (� Before me, the undersigned authority, personally appeared George A. Malnati, 1835 North Keene Road, Clearwater, FL 33755-2314, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act deed pe ally,- or t us a�d pur es herein set forth, and who [] is personally known to me, or who did provid � as identification. �� C��-, i . . �� `� � My �mmission expires: tary ublic - State of Florida i pe/Print Name s�oie � " _ �oo' This is not o survey --� �---8 -- — — —� I 9 --+----- 0 i ,o --�------ i " --+----- I 12 iii �-,- � � ,o I --�----- � •--T----- I �2 I •--+----- � 13 O I --- �-- I 74 I I 15 � .__� � ts ----i------� ---� » 1 Legal Description: � � � � � EXHIBIT -----�----- 2 I '° ------J C „A,� NORTH �------, � 2 I � ------ I 1� 3 � �� _� �� / s�yq�, drlyE i� i� � � � 19 I I � \� � 20 � I ss \ I I Z' � ,a ��\ I 0 j I � A Stormwater Drainage Easement covering the property referred to as "Lake" in the plat titled "Brooklawn" in Plat Book 13 , Page 59, and described in Official Record 10646-0929, both documents recorded in the Public Records of Pinellas County, Florida. I I I I --�--1� � �� 5 �� , � 6 � / / � � �nao�n�n/ %t�i�na� � � � � �------T--� I � Tract "B' I � � I —� L--- I � — � O _�--------- � � 12 , — � I t3 �----T----- ' I I » �---------1 9 �------ I �2 � I �o � �--�---- � �--- �� ----j e I � STATE OF FLORIDA ss COUNTY OF PINELLAS : AFFIDAVIT OF NO LIENS BEFORE ME, the undersigned authority, personally appeared GEORGE A. MALNATI, 1835 North Keene Road, Clearwater, FL 33755-2314, whom, being first duly sworn, does depose and say: That aforesaid party is the owner of legal and equitable titie to the following described property in Pinellas County, Florida, to wit: BROOKLAWN BLK M, AKA LAKE AS RECORDED IN PLAT BOOK 13, PAGE 59, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLLOWS: BEG AT SW COR OF LOT 4, RUN W 40FT FOR POB TH SE'LY 100FT TH W'LY 30FT TH RUN SW'LY 200FT TH S 100FT TH SW'LY 100FT TH W 100FT TH NW'LY 100FT TH N 250FT TH RUN NE'LY 50FT TH E 100FT TH N 150FT TH E 40 FT TH RUN S 40FT TO POB 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 that 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: (list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been entered.) 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. That there are no outstanding sewer service charges or assessments payable to any government. 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 I�senf� of: (l�I,� .�—'"�� ;�� _=--� V1GF�NESS sig re ------ f .(''�2. � t: `s � �. .� ^ Print Witness Name � C�,y^�G�- � W I ESS u're _ �� j �_ � Print Witn Name STATE OF FLORIDA . ss COUNTY OF PINELLAS: GEORGE A. MALNATI By: -�'✓��G i �� Geor A. Malnati Before me, the undersigned authority, personally appeared George A. Malnati, 1835 North Keene Road, Clearwater, FL 337 -2314, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act nd deed per nal�, for t e,and p r qses herein set forth, and who [] is personally known to me, or who [ did provid as identification. � �� My commission expires: N ta ublic - State of Florida ��l � �� !� ��/Print Name � I �0`"�Y•a��'� KATHLEENBEDINI yp ,� � * MY C4MMISSION # EE 023189 EXPIRES: October 7, 2014 ��OF Fl.�P��< �Cd Til(U BU� �21y S61VIC84 Lane, Charles From: Sent: To: Subject: Attachments: Lane, Charles Tuesday, April 10, 2012 8:35 AM Dewitt, Gina; Chase, Susan Documents for Council Signed Eas-Brooklawni.pdf APR 11 2012 City Attorney Gina, I am sending you an original, fully executed easement document that is scheduled for Council at the 4/16 Work Session and 4/19 Council Meeting. A copy of the easement document and affidavit is attached. Please hold pending Council approval and forward to the City Clerk's office for scanning and recording. Susan, Please scan into LaserFiche as necessary and record the easement along with Exhibit "A" as Official Record with the Pinellas County Clerk of the Circuit Court. The affidavit does not need to be recorded. When complete, please return the original easement document and affidavit to me. Thank you, Chuck Chuck Lane Real Estate Services Coordinator Engineering Department (727)562-4754