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CAY 1475 LLCKEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# ?092244316 08122I2012 at 02:25 PM OFF REC BK: 17691 PG: 276-279 DocType:EAS RECORDING: $35.50 Return to: Chuck Lane Engineering Department City of Clearwater P. O..Box 4748 Clearwater, FI. 33758-4748 Parcel I. D. No. 02-29-15-00000-320-0200 DRAINAGE 8� UTILITY 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, CAY 1475, LLC, a Florida Limited Liability Company whose principal address is 6654 78`h Avenue North, Pinellas Park, Florida 33781 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-exclusive, drainage and utility easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof (the, "Easement Premises") This easement is for any and all public utilities installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to construct, install and maintain therein any and all public utilities provided by Grantee, and to inspect and alter such utilities from time to time, together with all appurtenances thereto. 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 maintain reasonable access for Grantor, Grantor's invitees and the general public to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project 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. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely and workmanlike manner. Grantor warrants and covenants with Grantee that it 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. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. 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 � �`/ , 2012. Signed, sealed and delivered in the presence of: � �_.� ��-�-- 1 TNESS signature ' � c: v.�\ G� r e. e Print Witness Name � � WITNESS si nat re L. ,-�-�2 t s-t'� r3�-i z%� i'� S Print Witness Name STATE OF FLORIDA ss COUNTY OF PINELLAS CAY 1475, LLC, Grantor Before me, the undersigned authority, personally appeared CpR�-OS `� �� as M�N��� of Cay 1475, LLC, a Florida Limited Liability Company, whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the aforementioned date, and who acknowl ged the execution thereof to be his 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 blic - State rida I`� �`F K . Ku z�`i-(" Type/Print Name My commission expires: ��",,,,,. MARY K. KUZBYT ��: MY COhMA1SSI0N N DD 956931 = EXPIRES: Marc:h e, 2014 ,��, � 8oncbd TNru Nolary PubNc Undeivniters S£CT10N v2, Tt�WNSI-NP 19 SOVTI-f, RANG£ 1s �AST P1N£LLAS COVNTY, �LARIDA L£GAL D£SCit11'TION: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING A PORTION OF LOT 9, BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, S 00'07'42" E„ 50.00 FEET; THENCE PARALLEL TO THE EAST—WEST CENTER LINE OF SAID SECTION 2, N 89'29'42" W, 50.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WEST RIGHT OF WAY LINE, S 00' 10'33" E, 250.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, N 89'29'42" W, 170.02 FEET TO A POINT ON THE EAST LINE OF LOT 8 OF SAID BRENTWDOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID LOT 8, N O1'19'04" W, 15.17 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE N 5T04'S8" W, 11.89 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT PARCEL; THENCE CONTINUE N 57' 04'S8" W, 94.37 FEET TO A POINT LYING 10.00 FEET SOUTH OF THE NORTH LINE OF LOT 9 OF SAID BRENTWOOD ESTATES; THENCE ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL W/TH THE NORTH LINE OF SAID LOT 9, S 89'24'23" E, 37.40 FEET; THENCE DEPARTING SAID LINE, S 57'04'58" E, 49.88 FEET TO A POINT LYING ]0.00 FEET WEST OF THE EAST LINE OF SAID LOT 9; THENCE ALONG A LINE 10.00 FEET WEST OF AND PAR,4LLEL WITH THE EAST LINE OF SA1D LOT 9, S 00'08'30" W, 23.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1442.5 S.F., MORE OR LESS. SCALE: 1 "=40' DRAWN BY: ABT DWG. No.1101-100-048 PROJ. No.1101-100-04 £r VT1 L1TY £S1LIT. SUNSET & HIGHLAND PAGE 1 OF 2 LEGAL/SKETCH ONLY —THIS IS NOT A BOUNDARY SURVEY— l./�S[/Rl�£Yi7NGOF�lORfD-� /1✓G �B� �� 29340 RHOD/N PLACE � N£SL£Y CHAPEL, FLOR/DA 33545 PH. (813) 973-2092 EMap: o/ex6bxtreme—surwying.com S�CTWN vz, T01NNSl-tIP 29 SOVTFt. RANG� if �AST pp/rIT c�F COI►-iI�(£NC�M£NT � PINELL.AS COt/NTY, �LOR/DA _ ,N�., �RNEF? OF THE ,�� N.W. 1f4 O�.I�I�d� �—�— � � SEC. 2-29-15 ' E.-W. CENTERLINE OF SECTION 2 r r i F. P. C. � EASEMENT PER 0. R. 1654, PAGE 331 I � PLATTED 10' DRAINAGE & UTILITY EASEMENT I I r ( � 1•� D. &U._EASEMENT PER 0. R._ 1807 PAGE � 6 _� I I � 10. 0' � — � • � N.E CORNER OF LOT 9�-� I _ � -- — ---- — — — — — —'� � �g � F. P. C. EASEMENT PER , � � � 0_R_1654�PAG�,3,�1_ _ W LOT i0 RNER OF � �9 I — �— � � <� I I i � � BR�NTWODD �STAT� P.B. s�, nAG� zs LuT iv PLATTED 10' DRAINAGE & UTILITY EASEMENT ��I � ro � o. �I oiW Zi J W SVRYfYDR'S NOTfS: � I � �, I N � I �, w c� � Qa -� �•—•— � ^� � �� �� O� �W wa � �� zW w� WW �� � CU �3 a o� 1) THIS IS NOT A BOUNDARY SURVEY. THIS IS A LEGAL AND SKEfCH ONLY. 2) BEARINGS REFERENCED TO THE SOUTH LINE OF SUNSET POINT ROAD AS BEING S 89'29'42" E, PER DEED. ALL CALLS ON THIS LEGAL BASED UPON FIELD BOUNDARY SURVEY PREPARED BY THIS FIRM IN 2011. 3) THIS S RV NOT VALID WI U THE SIGNATURE AND THE ORIGINAL RAISED S F A FLORID D SURVEYOR AND MAPPER. / Date Signed: q20-12 Alex B. Thompson Jr., . State of Flor�da No. 5318 PAGE 2 OF 2 Registered Land Surveyor and Mapper LEGAL/SKEfCH ONLY —THIS IS NOT A BOUNDARY SURVEY— £XTR£M£S[/RVFY)'NGOiFl�7RlDs1 /JVC, ce.vo� �ezs 29340 RHOD/N PUCE N£SL£Y CHAP£L, FCOR/DA 335�5 £ PH. (813) 973-2092 £Aloih. alexOrxtr�ne—suneying.com l'RJF£SSWNAL SVRVEYtNG AND MAi'I'MG SFRVIC£S IW •Z �3 �� L4 � 3 •-1�.,—•—•— V � �1�? . J \ � z3 �� 3 z° s~ _ � � S °o �., 3 vi � 0 \ 3 Z � 0 Z J W L�G�ND PG. = PAGE P. B. = PLAT BOOK P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING 0. R. = OFFICIAL RECORD 800K SCALE: 1 "=40' DRAWN BY: ABT TtA1NAG� £r VTiL1TY £SMT. DWG. No.1101-100-048 SUNSET & HIGHLAND PROJ. No.1101-100-04 STATE OF FLORIDA : ss COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS BEFORE ME, the undersigned authority, personally appeared CA�L0.S `���� as M�csAG�� of Cay 1475, LLC, whom, being duly authorized does depose and say: That Cay 1475. LLC is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof 2. That said property is now in the possession of the record owner. 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.) I�o�.c 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except leasehold tenancies, easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (list, or if none, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) I lo v�� 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 drainage and utility easement to encumber the above-described property. Signed, sealed and delivered In the presence of: \ _—� c �( b WITNESS signature �j v.�: �\ G a c- �-C Print Witness Name G�i'" `'/��--�_ WITNES signature c_.sr-�r��'rfc-�v �� ��'� Print Witness Name rnv ���c Sworn to and subscribed to before me this Q� day of JU �--y , 2012. �' Notary P rblic - State ida Ni I� � 1� . ��Cu z8� ; Type/Print Name My Commission Expires: ..�..,�.....r..... r . •t�:°: °�B • MAflY K. KUZBYT b. �,�-, : r; ,9,, • l.9Y COMh"!SS!v?: � DL 9�6931 _.; .: - ' �� � EX°lRFS: hlarch 6, 2014 �`%; o-' F��` ��nded Ti,� u No;ary Pu6Vi; Underwriters S£CTION v2, TOWNSI�iP 1� Sc�VTI-E, liANG� is £AST PIN£LLAS COl/NTY, �LORIDA �£cAi n£scnrrrwN: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELIAS COUNTY, FLORIDA, AND BEING A PORTION OF LOT 9, BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, S 00'07'42" E„ 50.00 FEET; THENCE PARALLEL TO THE EAST—WEST CENTER LINE OF SAID SECTION 2, N 89'29'42" W, 50.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WEST RIGHT OF WAY LINE, S 00'10'33" E, 250.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, N 89'29'42° W, 170.02 FEET TO A POINT ON THE EAST LINE OF LOT 8 OF SAID BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID LOT 8, N 01'19'04" W, 15.17 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE N 5T04'S8" W, 11.89 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT PARCEL; THENCE CONTINUE N 57' 04'S8" W, 94.37 FEET TO A POINT LYING 10.00 FEET SOUTH OF THE NORTH LINE OF LOT 9 OF SAID BRENTWOOD ESTATES; THENCE ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9, S 89'24'23" E, 37.40 FEET; THENCE DEPARTING SAID LINE, S 57'04'S8° E, 49.88 FEET TO A POINT LYING 10.00 FEET WEST OF THE EAST LINE OF SAID LOT 9; THENCE ALONG A L/NE 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 9, S 00'08'30" W, 23.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1442.5 S.F., MORE OR LESS. SCALE: 1 "=40' DRAWN BY: ABT OWG. No.1101-100-048 PROJ. No.1101-100-04 1NAG£ £r VTILITY£S1�(T. SUNSET & HIGHLAND PAGE 1 OF 2 LEGAL/SKETCH ONLY —THIS IS NOT A BOUNDARY SURVEY— N�SIiRV�Yj'NG t7f�lOR/D,4, /JVC. �8,�. » 29340 RHOD/N PLACE N£SLEY CHAPE4 ���DA 33545 e PH. (8/3) 973-2092 £Alail: o%xObxtrwne—survaying.com IL SVRVEYING AND MA1'VING S£RVICfS S�CTION v2, TOWiVSf-NP 1� SOl/Tt-i, 1tANG� �S �AST � PIN£LLAS Cc�l/NTY, �Lc�RiDA _ , _ _ _ . eU � E. –W. CENTERLINE OF SECTION 2 PO1NT O� COAdI►-i�NC£M£NT� _ _ ,N�.. CORNER OF THE N.W. lf4 O�S.IA�1��—'—'— SEC. 2-29-15 • �� . r���J� F. P. C. � EASEMENT PER O.R. 1654, PAGE 331 I � PL4TTED 10' DRAINAGE & UTILITY EASEMENT I I r I � 1�0' D&U._EASEMENT ER O.R_1807 PAG,� 236 _� I I � 10.0' � — � • � N.E. CORNER OF LOT 9�-� ! �•-- — ____ � � � — � _.� � �g � I F. P. C. EASEMENT PER . � � 0_R_1 FL54 PAG� �',1_ _ W OT j p RNER OF � �9 I — �— � � <) I I i � LOT 9 � � � I � i � IZ BR�NTWOc�D £STAT£S < � ° � I '' P.B. s9. nac� Zs r v.B. LOT 1v y r I W� �� N.E CORNER OF LOT� I cn � a a L4 � / � i � I o� � .—.—.� � � i �� PLATTED 10' DRAINAGE & UTILITY EASEMENT �}�. � � � o. ol W� Z_IJ li.l svriv�vuR�s Nor�s: �� o� �w w� a �� ZW W � WW �� jU �a o� 1) THIS IS NOT A BOUNDARY SURVEY. THIS IS A LEGAL AND SKETCH ONLY. 2) BEARINGS REFERENCED TO THE SOUTH LINE OF SUNSET POINT ROAD AS BEING S 89'29'42" E, PER DEED. ALL CALLS ON THIS LEGAL BASED UPON FIELD BDUNDARY SURVEY PREPARED BY THIS FIRM IN 2011. 3) THIS S RV NOT VALID WI U THE SIGNATURE AND THE ORIGINAL RAISED S F A FLORID D SURVEYOR AND MAPPER. / Date Signed: �f20-12 Alex B. Thompson Jr., . State of Florida No. 5318 PAGE ? OF 2 Registered Lond Surveyor and Mapper LEGAL/SKEfCH ONLY —THIS IS NOT A BOUNDARY SURVEY— £XTR�M�S(/RVPYiNGOFFIOR/D.4. /Nl. �B�w. �e�s 29340 RHOD/N PUCE N£SLEY CHAPE4 ���DA 335A5 PH. (813) 973-2092 EMalF. o%xOexfreme—surroying.com 1'RAifSSIJNAI SVRVfVlNG AND Ati41'I'MG SFRVICES 2 � z3 �� 3 Q z° �~ 2 � � S °o � � � � 0 \ 3 Z � 0 J W � PG. = PAGE P.B. = PLAT BOOK P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING O.R. = OFFICIAL RECORD BOOK SCALE: 1 °=40' DRAWN BY: ABT TtAINAG£ £- VTiL/TY £SMT. DWG. No.1 f 01-100-04B SUNSET & HI GHLAND PROJ. No.1101-100-04 _