The URL can be used to link to this page

J MARTIN KLEIN, MD AS TRUSTEEReturn to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 KEN BURKE, CLERK OF COURT pINELLAS COUNTY FLORIDA INST# 2012164175 06l0812012 at U3:08 PM OFF REC BK: 17608 PG� r''40"`'� p�Type:EAS RECORDING: 552.50 D DOC STAMP: 50.70 DRAINAGE & UTILITY 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, J. Martin Klein, M.D., as Trustee of that certain trust agreement titled, The J. Martin Klein, M.D. Trust, UTD March 22, 2006, a revocable living trust ("Grantor") does 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 portions of Lots 1, 2, 3, 4, and 13, Block 19, a Resubdivision of Blocks 13 and 19, MILTON PARK SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 10, Page 28, 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. 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. RESPONSIBILITIES OF GRANTEE: Consistent with its rights and responsibilities as a public utilities provider, Grantee will install drainage facilities within the Easement Premises, thereby eliminating Grantee's need for the existing pipe through Grantor's property depicted in Exhibit "B" appended hereto and by this reference, made a part hereof. Grantee will remove and replace that portion of existing pipe from the grate located on the northern portion of Lot 13 and will connect to the new facilities along Ewing Avenue as depicted in Exhibit "B." Grantee will abandon and grout fill the portion of pipe from said grate to the grate located on the northwest portion of Lot 10. Grantee will solicit bids for the installation of a slip line within that portion of pipe from the grate located on the eastern portion of Lot 4 to Grantee's new facilities on Tuskawilla Street north of Lot 5. Upon the mutual agreement befinreen Grantor and Grantee with respect to the successful bid, Grantee will administer the installation of the slip line subject to payment by Grantor as described below. Grantee will administer all construction activities referenced herein and will pay all costs of all activities referenced herein other than Grantor's responsibility to pay as described below. Upon the completion of all Grantee's and Grantor's responsibilities referenced herein, Grantee will vacate that certain easement over Grantor's property recorded in the Official Records of Pinellas County, Florida in O.R. Book 3750, Page 354, a copy of which is appended hereto as Exhibit "C" and by this reference, made a part hereof. Grantee agrees that it, its employees, contractors, agents or designees shall not engage in any activities which could result in any mechanics liens being filed against Grantor's property without the written consent of Grantor. If a mechanics lien is filed against Grantor's property and no corrective action has been taken by Grantee within six months of filing of said lien, Grantor shall be entitled to damages including attorney's fees. RESPONSIBILITIES OF GRANTOR: Grantor agrees to provide Grantee with access to Grantor's property to complete Grantee's responsibilities. Grantor will be responsible to pay one hundred percent (100%) of cost associated with the construction of the slip line as described above up to $2,500.00. Following the completion of Grantee's responsibilities, Grantor will take ownership of and be solely responsible for all portions of the previously existing facilities, as may be improved or altered, located on or under Grantor's property outside of the Easement Premises. 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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this �_ day of �pY-� f� , 2012. Signed, sealed and delivered in the presence of: itness signature 1\ �''�� {�� Zi�°/� , Print witness name �� .I.�G�n�L..� Witness signature � �� Print witness name THE J. MARTIN KLEIN, M.D. TRUST, UTD MARCH 22 06 y . . artin Klein, .D., Trust e � � STATE OF FLORIDA : ss COUNTY OF PINELLAS: Before me, the undersigned authority, personally appeared Dr. J. Martin Klein, M.D., who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed personally, for the use and purposes herein set forth, and who [] is personally known to me, or who [] did produce L � as identification. � ° My commission expires: ry Public - St f Florida � 15 � ��^� Type/Print Name r �� #,�' �A�i1AM N OQ 249620 �;,I�r�ry 19, TOfb IwwU ilw NMw �rMo unanMw Countersigned: CITY OF CLEARWATER, FLORIDA , c�e�o�e n c� ��5 George N. Cretekos, Mayor Appro d as to form: I I l� Laura Mahony, Assistant City orney STATE OF FLORIDA : ss COUNTY OF PINELLAS By: �-r.��,r.�.G'iY�.,c.Q �' William B. Horne, II, City Manager Attest: Rosemarie Call, City CI BEFORE ME, the undersigned, persanally appeared George N. Cretekos and William B. Horne, II, Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who are personally known to me. WITNESS my nd and official seal this �` _ � �v� Notary Public — State of lorida ��A nrE � . M�l,•� �.1 � Print/Type Name day of � � / , 2012. My commission expires: :�"�;: uu� E �� '�� •"= MY COMMISSlON # Dpg52p18 � , EXPtRES Msrch 06, 2014 t+o7) t53 FbrkenoUrysNVky.eom 0 s�o�e �" = 50' EXHIBIT "A" This is not a survey � �� o � � WO � � , 2 Tuskawilla St. 60 � x�ghr-of way 3 q Bluc]cs 1 � ce 19 1�lilton Ycrrk � � Sanc�li�•isio�� Plc�t /3��01� 10, Pu�rc ?<1 NORTH i o' — — T � I I � /0'Storm Easement O.R. 3750.354 1,L1k2VIC11' Sguare Replat -- -- Condo Book 59, Page 54 � 13 19 � I � 12 11 10 � I � I _ � � _ _ � _ Lakeview Ave. 60' Right-of-Way Legal Description: A 10' Drainage and Utility Easement over and across the Westerly 10 feet of Lots 1 and 13, and the Northerly 10 feet of Lots 1, 2, 3 and 4 of Block 19 of the "Blocks 13 and 19 Milton Park Subdivision" Plat recorded in Plat Book 10, Page 28 of the Public Records of Pinellas County, Florida. _ __ Sca/e 1 " = 50' This is not o su�vey N �� b,p o �� •ti o � b W ss EXHIBIT Tuskawilla St. „B„ NORTH 60' R.O. W. g' � I /� ss �!9 � � I 10(10 Lakeview Rd. / Blxk 19 Block 1 Block 19 � Block 19 Block 19 // Lot 5 I Lot 1 Lot 2 Lot 3 Lot 4 P�PE � � � SL/P / ITO REMA/N 9 TO BE � L/NED I �j grote Block 19 I Lot 6 REMOI/E AN /� I REPLACE // existing 10' $torm easement /� Lakeview Square Condo � � O.R. 3750-354 �/ Pjat BOOk 59, PClgB S4 ------- ---- Block 19 — ----- -- — Lot 7 as /5 / grate — — grate • � � ABAIVDON AND GROU F/LL � I 1000 Lakeview Rd. Block 19 Block 19 Block 19 Lot 13 Lot 12 Lot 11 Milton ParkResub Plat Book 10, Page 28 I� _ Block 19 � Lot 10 _ _ � _ _ l� Block 19 Lot 8 B�ock ls Lot 9 I . , � ! ` '� � c- -i� . i , �7 EXHIBIT "C" '�.�:s.�'�+.�'�:� E A ^ L' 1; F 1? T ,:.e. � /J� � r1c,t �J� POR AP]D IT7 CONSTD�;?ATIOIQ of the �ttm of Oz;c Iiollar (;;1.00) c�..h in l�:�n3 paa13 t:o them , thc recelpL- of trhich 1� hereby -,cl:not�rled�=eci And thG UcneYlLS 'L'o be derived tlteTePrum9 CLAR�NCE; GRUi.9 and �YL�'IA IRENE CRIJM, his wife, and RONALD ALLE;N CRUM and JUT3ITN A, CRUM, his wife, do� hereby grant and cc�nvey to the CITY OP CL�AT3i;ATSR, PLOi3TnA, an eflse.mnnt over, under and acruss tl�e ro�,loi�ring de�crlUed lancly lyin� ai�d beinZ sltunte ln the County of Pinellas, Si:aLe of Flot•idaf to wit: The North 10 feet of I,ote 12 and 13, IIlock 19, Milton Park Replat of Hlocks 13 and 19, Milton park Subdivision, according to the map or plat the�reof as recorded in Plat I3ook ]0, page 2E of the Public Recr.rds of Finellas County, F'loaida, �' '��c ` � '.: -�'1\ � !�f,'P1�N ''r�v " �TATE '�F'—FLORIDA~l'.- °�� lOFtif;�� 1 SUct Ir'1 � DOCUMEN7AkY .: STAT,'�P TAX� i1frT.OF HLYElJF -.t _ � � ,�.1 �� _.3_t�� i� ol Q. S 5 I - - ti = � �, ;, , p& ' =Q0.30 D[1iAl:t llGe7 �"' r'.y.' i�A i 72 � , o : ^ ' . - � I0530 � .., ,. J ' .. ��.t.-�:� , �. . . -. . . .. �� ... ..�-.; . ... . . , ,:,�� . � _ stor This easement being for��'er installation and maintenar.ce. The CITY OF CLEA$47AT�R� FLOI3IDA, s}�11 have ths right to enter upon the ahove c�g�s�:�3 ��=and to construct9 install and �,��Y}exeon any nes und to inspect and alter such storm lines from time to time. IN WITNESS WI�gEOF, the part ies hereto have hand� and se�l s set their thls�4- day of Marc ""�—i�Z Signed, sealed and delivered (r�� in the presence of: `""��"`{� �'��'�"1'' (SEAL) Glareace Crum � ,{i� , %� t.!/L-� .-� ;f—�.7�1-sz.r�/ -�J�'.. ,"'.� � , .,��,. ,. • ""5��. :r�/j�SEAL) 3y)v3 Irene Crum� �c� T /� ,J//� GIJ.� J. �' � r. �.n..(�� Y'. C �_> � i$EA ) ---�.r��= Ir ona T �a rum I' . . SfiATE OF FIAi?IDA ) � �j � � �.r£rrCtliC/ �'! : t � �� / (SEALJ CUUNTY OF PIt7EI,LAS ) '✓Judith A, Crum` _ Beforre me persoCnally adppearedA Clarence Cruzn and Sylvia lrene Crum, his wif¢, to me'�,rell'�c`notnlland�nptm tp"me to ber h e if in and who executed the foregoing instrlumentna�d�acirnow ed�;edrbefore me that_ c�� executed the same foT the purposes the7rein expressed. WITNESS my hand and official seal this A.D. 19_ �z , %___-_—� �day of na�,-„r, - _� Mq Commission Expires AELAi'JEil a[tiElidS t6. FLCAIDA � .{�-�'�A I�"t�"."'. NOTARYPA/BUCSTATEOFflOR�DAATLARGL CIf�KCI�•�.CIIiCCURi MY COMMISSION EXPINESlUN. 23, 1975 OENERAI INSURANCE UNtSERWRRERS. tnC. yA� 23 A Z' �L ��9 17 �'1 ri � . . •��,,, :�', :.J;; �<_ �..�i�e�' '�._�; ?;,- �� . Notary Puulic� '_ •r'. ' v; . . ",,. ,4..'., ��f ��„iNU�:+� "� c 4 _ 2 L STATE OF FLORIDA ss COUNTY OF PINELLAS : AFFIDAVIT OF NO LIENS BEFORE ME, the undersigned authority, personally appeared Dr. J. Martin Klein, M.D., as Trustee under trust dated March 22, 2006, whom, being first duly sworn does depose and say: That said trust is the owner of legal ��d equitable title to the following described property in Pinellas County, Florida, to wit: Lots 1, 2, 3, 4, and 13, Block 19, a Resubdivision of Blocks 13 and 19, MILTON PARK SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 10, Page 28, Public Records of Pinellas County, Florida That there has been no labor performed or materials fumished 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 "N� " 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.) �'�`" 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 In the presence of: �� c Witness signature �/'�L�S �YGc Z/ �/Z� Pri t Witness Name -�'�� ' �-�,.._,C%``vt''LZ1.,L—� Witness signature � �iiiA ,[�l�rri f'� Print Witness Name STATE OF FLORIDA . : ss COUNTY OF PINELLAS: `" Dr. J. Martin Klein.� Before me, the undersigned authority, personally appeared Dr. J. Martin Klein, M.D., who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed pers Ily, for the use ��purposes herein set forth, and who [ ] is personally known to me, or who [ did produce �i L-- /J � as identification. ot -Public - Si L �.s� Type/Print Name My commission expires: '� usA � . "'� MY COMMISSION # OD 249620 '= EXPIHES:.fe�y 13. 2018 �� ` BawbaTlw Nalry Pib`c unarw�rr