DISCOUNT AUTO PARTS INC
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KARLEEN F. DE BLAKER, CLERK OF COURT
LAS COUNTY FLORIDA
r~~~~ 200425581406/23/2004 at 05:13 PM
OFF REC BK: 13660 PG: 2234-2236
DocType:EAS RECORDING: $27.00
Return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
Parcel No. 08-29-16-00000-220-0400
and unnumbered parcel adjacent thereto
SANITARY AND UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of Five Thousand and -NO/100-- Dollars ($5,000.00) cash
in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
DISCOUNT AUTO PARTS, INC., a Florida corporation
5673 Airport Road, Roanoke, Virginia 24012
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA ("Grantee"), an
easement over, under and across the following described land, lying and being situate in the County of
Pinellas, State of Florida, to-wit:
From the NW Corner of the NWY4 of Section 8, Township 29 South, Range 16 East, run
along the Section Line SOoo54'44"W, 223.13 feet; thence S89005'16"E, 100.00 feet to the
East right-of-way line of U. S. Highway No. 19; thence S89040'09"E, 150.61 feet; thence
NOoo48'44"E, 163.95 feet to a POINT OF BEGINNING; thence continue NOoo48'44"E,
10.00 feet; thence S89035'34"E, 100.01 feet; thence SOoo54'44"E, 10.DO feet; thence
N89040'09"W along the northerly limit of that certain Drainage & Utility Easement as
recorded in O. R. Book 5775, Page 963, Public Records of Pinellas County, Florida, 10.00
feet; thence SOoo54'44"W, 16.00 feet; thence N44022'43"W, 22.51 feet; thence
N89040'09"W, 74.00 feet to the POINT OF BEGINNING. Containing 1,135.00 square feet,
more or less. Said easement area is shown on Exhibit A attached hereto.
This easement is solely for sanitary sewer purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and to construct, install and maintain thereon any sanitary sewer facilities and to inspect and alter
such sanitary sewer facilities from time to time. Grantee shall maintain any and all of Grantee's sanitary
facilities installed upon the above-described premises. Grantee shall require that not later than completion of
construction and installation, and following all future maintenance or replacement activities, the easement
premises shall in all such instances be restored as near as practical to conditions existing prior to such
construction, installation, maintenance or replacement.
Page 1 of 2
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Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the 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 and agreed that Grantor reserves all rights of ownership of the easement premises
not inconsistent with the easement rights granted herein.
The easement herein granted, and the covenants and restrictions hereby imposed, shall be easement,
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.
IN W1T~SJ WHEREOF, the Grantor has caused the presents to be executed this .J!'day of
1\ ' , 2004.
-
Signed, sealed and delivered 1S, INC.,
in the presence of:
~lY1.~
WITNE~S signature, n
fl Y\e, M. ~e,-
Witness' 'Printed Signature
By:
COMMONWEAL 1H OF VIRGINIA
:ss
COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this ~ day of ~n. \ , 2004 by
Jimmie L. Wade, as President of Discount Auto Parts, Inc., a Florida corporation, who I personally known to
me, whom, being duly authorized by said corporation, did execute the foregoing instrument on behalf of said
corporation, and who acknowledged the execution thereof to be his free act and deed for the uses and
purposes therein expressed.
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Page 2 of 2
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EXHIBIT
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
DRA-.N BY
O.KING
otEau:D BY
R.K.
DATE
02/05/2004
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273A
LEGAL DESCRIPTION SKETCH
ADVANCE AUTO PARTS
DRAINAGE & UTILITY
EASEMENT
DWCl NO.
Lg12003-06
SHEET
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08-29S-16E
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AFFIDAVIT OF NO LIENS
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
: ss
BEFORE ME, the undersigned authority, personally appeared Jimmie L. Wade as President of Discount Auto
Parts, Inc., a Florida corporation, whom, being first duly sworn, does depose and say:
1. That said corporation is owner of legal and equitable title to the following described property in Pinellas County,
Florida, to wit:
From the NW corner of the NW % of Section 8, Township 29 South, Range 16 East, run
along the Section Line SOoo54'44"W, 223.13 feet; thence S89005'16"E, 100.00 feet to the
East right-of-way line of U. S. Highway No. 19; thence S89040'09"E, 150.91 feet; thence
NOoo48'44"E, 163.95 feet to a POINT OF BEGINNING; thence continue NOoo48'44"E, 10.00
feet; thence S89035'34"E, 100.01 feet; thence SOoo54'44"E, 10.00 feet; thence
N89040'09"W along the northerly limit of that certain Drainage & Utility Easement as
recorded in O. R. Book 5775, Page 963, Public Records of Pinellas County, Florida, 10.00
feet; thence SOoo54'44"W, 16.00 feet; thence N44022'43"W, 22.51 feet; thence
N89040'09"W, 74.00 feet to the POINT OF BEGINNING. Containing 1,135 square feet, more
or less. Said area is shown on Exhibit A attached hereto.
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
or labor or materials against said property, except those which shall be paid during the normal course of business, and No
others.
4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described,
except easements and restrictions of record and matters shown on Exhibit B attached hereto and No others.
5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments
for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the
above 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 are for the purpose of inducing CITY OF CLEARWATER, its agents,
successors and assigns to rely thereon.
LW~
B.
Page 1 of 2
COMMONWEALTH OF VIRGINIA
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Page 2 of2
EXHIBIT
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL DESCRIPTION SKETCH
ADVANCE AUTO PARTS
DRAINAGE & UTILITY
EASEMENT
N. W. Cor. Sect.8 Twsp.29S Rng.16E
STATE ROAD 590
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EXHIBIT B
Subject to an easement for right of way purposes as recorded in Official
Records Book 5775, page 966, Public Records of pinellas County, Florida.
Subject to an easement for drainage, utility installation and maintenance
as recorded in Official Records Book 5775, page 963, Public Records of
,Pinellas County, Florida.
1 Subject to an easement for drainage, utility installation and maintenance
tas recorded in Official Records Book 3977, page 915, Public Records of
lPinellas County, Florida.
~Matters as shown on that certain survey dated
{George A. Shimp and Associates, Inc., Job No.
la. Encroachment of .50 foot curb (typ.) over
I easement recorded in O.R. Book 5775, page 966
boundary of Parcel I.
,b. Encroachment of asphalt and concrete pad into drainage and utility
easement recorded in O.R. Book 5775, page 963 on the South boundary of
Parcel I.
c. Encroachment of 6 foot wooden fence over and into the drainage and
utility easement recorded in O.R. Book 3977, page 915 on the South
boundary of Parcel I.
d. Encroachment of 6 foot wooden fence over and into adjoining property
on the South and East boundary lines of Parcel I.
e. Encroachment of asphalt and concrete curbing over and into the drainage
and utility easement recorded in O.R. Book 3977, page 915 on the East
boundary of Parcel I.
f. Encroachment of 5 foot sidewalk over and across Parcel II.
September 13, 1994, by
940474 as follows:
and into right of way
on the most Westerly