LAURA NALL CONNOLLY TRUSTEE OF THE LAURA NALL CONNOLLY REVOCABLE TRUST
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INST # 97-209126
IJLY 23, 1997 1:05PM
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return to:
PINELLAS COUNTY FLA.
OFF.REC.BK 9781 PG 2301
Prepared by &
Earl Barrett
Engineering Administration
City of Clearwater
O. Box 4748
Cle.Hwilter, Fl. 34618-4748
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to her, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
~ , r "" --,
Laura NaIl Connolly, Trustee of the Laura NaIl
Connolly Revocable Trust dated February 28, 1988
317 North Hillcrest Drive
Clearwater, Fl. 34615-5015
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, coincident
with final approval by the Board of Commissioners of Pinellas County, Florida
of that certain Petition to Vacate a portion of County Road 31 dated
JrUNe/~~, an easement over, under and across the following described land,
lying'and being situate in the County of Pinellas, state of Florida, to-wit:
The North 25 feet of the South 35 feet of that certain parcel of
land lying and being situate in Section 16, Township 29 South,
Range 16 East, Pinellas County, Florida, and being more
particularly described in EXHIBIT "A" and depicted in EXHIBIT "B"
attached hereto and made an integral part hereof.
Containing 6,492 square feet, more or less.
This easement is for sanitary sewer purposes and for ingress and egress
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
sani tary sewer facilities and road right-of-way, and to inspect and alter
such sanitary sewer facilities and road right-of-way from time to time.
.JN WITNESS WHE~y th€7 party hereto has set her hand and seal this
ftJ -' day of ~ ' 199~.
,
By:
4~ YttLLG tOlMUJ?~ I !Jnuk
aura NaIl Connolly, T stee of
the Laura NaIl Connolly Revocable
Trust dated February 28, 1988.
WITNESS
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Witness' Printed Signature
11 RECORDING
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Kerleen F.Oelfekllll', Clerll:, Pin.f1~ County
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t) . Deputy elerk
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PINELLAS COUNTY FLA.
OFF.REC.BK 9781 PG 2302
Page 2 -
Grantor:
Grantee:
RE:
Sanitary Easement & Ingress/Egress Easement
Laura Nall Connolly, Trustee
City of Clearwater, Fl.
a portion of CR 31 to be vacated
STATE OF FLORIDA
COUNTY OF PINELLAS
T~~ foregoing instrument was acknowledged before me this /d~ day
of 1'J71~ ,199 L by Laura Nall Connolly, Trustee of the Laura Nall
Con~~rly Revocable Trust dated February 28, 1988.
FLORIDA
[~~rsonally Known
[ ] Produced Identification
Type of Identification Produced
GELLER
01 FIoIIda
..QIIII....OcL 25, 1999
c.n..tc 505869
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I PINELLAS COUNTY FLA.
OFF.REC.BK 9781 PG 2303
EXHIBIT "A"
(Attached to and a.. part of that certain contingent 25 foot Sanitary
Easement & IngresslEgress Easement dated IIfMclt /0 . , 199L
given by Laura Nail Connolly, Trustee, to the City of Clearwater)
LEGAL DESCRIPTION
FOR - Proposed partial vacation of County Road 31:
ALL BEING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COl\fl\IENCE AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT
OF LAND DESCIUBED IN OFFICIAL RECORDS BOOK 5879, PAGE 1052 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (SAID
INSTRUMENT BEING A 'V ARRANTI' DEED TO DONALD AND VERNA
GALLANT), SAID NORTHWEST CORNER BEING 37.97 FEET WEST OF THE
NORTHEAST CORNER OF TRACT C, MYRON A. Sl\fITH'S BAY VIEW
SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 57 OF THE PUBUC
RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A POINT ON
THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD #31, THENCE
ALONG SAID SOUTHERLY RIGHT-OF-WAY N 67029'05" E, 138.99 FEET TO
THE POINT OF BEGINNING; THENCE N 21046'25" "', 66.04 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-'VAY OF SAID COUNlY ROAD
#31; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N 67029'05" E,
251.74 FEET; THENCE S 22030'55" E, 66.03 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD #31; THENCE
ALONG SAID SOUTHERLY RIGHT-OF-'VAY S 67029'05" W, 259.60 FEET TO
THE POINT OF BEGINNING.
CONTAINING 16,651.06 SQUARE FEET OR 0.38 ACRES MORE OR LESS.
SUBJECT TO AN EASEMENT FOR SANITARY SEWER AND
INGRESSIEGRESS OVER THE NORTH 25 FEET OF THE SOUTH 35 FEET OF
ABOVE DESCRIBED REAL PROPERTY TO BE GRANTED TO mE CITY OF
CLEARWATER. FLORIDA. ContainiDl:! 6.492 square feet. more or less.
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EXHIBIT" B"
GULF - TO- BAY BL VD.
(S.R. 60)
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lpINELLAS COUNTY FLA.
OFF.REC.BK 9781 PG 2304
2
Su'Jeet Property
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t!QIE: This is not a survey!
VAC96-15.dwg
Rf.4S
12/16/96
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Laura NaIl
Connolly, Trustee of the Laura NaIl Connolly Revocable Trust dated February
28, 1988, whom, being first duly sworn, does depose and say:
1. That said trust is the contingent owner of legal and equitable
title to the following described property in Pinellas County, Florida, to
wit:
The North 25 feet of the South 35 feet of that certain parcel of land
lying and being situate in Section 16, Township 29 South, Range 16
East, Pinellas County, Florida, and being more particularly described
in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto and made
an integral part hereof.
Containing 6,492 square feet, more or less.
2. That said property is now a portion of the public right of way of
County Road 31 which is subject to a Petition to Vacate being brought before
the Board of Commissione.!s of Pinellas County, Florida. Upon approval of
said petition, title to said vacated right-of-way shall vest with and be in
possession of the grantor.
3. That there has been no labor performed or materials furnished on
said property by grantor for which there are unpaid bills for labor or
materials against said property, except: NONE
4. That grantor has caused no liens or encumbrances of any nature to
encumber or effect title of the property hereinabove described, except: NONE.
5. That it is hereby warranted that no notice has been received by
grantor for any public hearing regarding assessments for improvements by any
government, and it is hereby warranted that there are no unpaid assessments
for which grantor may b.e liable against the above property for improvements
thereto by any government, whether or not said assessments appear of record.
6. That there is no outstanding sewer service charges or assessments
owed by grantor and payable to any government.
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Page 2 - Affidavit of No Liens
For: Sanitary Easement & Ingress/Egress Easement
Grantor: Laura NaIl Connolly, Trustee
Grantee: City of Clearwater
RE: a portion of CR 31 to be vacated
7.
inducing
thereon.
That the representations
CITY OF CLEARWATER, its
VL--
embraced herein are for the purpose of
agents, successors and assigns to rely
By: 'i G.A..uL.t(. na.L€. (!Crrv11JLfk 7/lJA~
Laura Nall Connolly, Tr~tee of the
Laura NaIl Connolly Revocable Trust
dated February 28, 1988.
Sworn to and subscribed to before me this I~day of ;1.7?~
, 199;;7 .
OF FLORIDA
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[~ Personally Known Qna,~...
[ ] Produced Identification
Type of Identification Produced
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EXHIBIT "A"
(Attached to and a' part of that certain contingent 25 foot Sanitary
Easement & Ingress/Egress Easement dated IJ(~ /0 . 199 L
given by Laura Nail Connolly, Trustee, to the City of Clearwater)
LEGAL DESCRIPTION
FOR - Proposed partial vacation of County Road 31:
ALL BEING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COl\1MENCE AT THE NORTffiVEST CORNER OF THAT CERTAIN TRACT
OF LAND DESCIUBED IN OFFICIAL RECORDS BOOK 5879, PAGE 1052 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (SAID
INSTRUMENT BEING A \VARRANTY DEED TO DONALD AND VERNA
GALLANT), SAID NORTffiVEST CORl'rER BEING 37.97 FEET \"EST OF THE
NORTHEAST CORNER OF TRACT C, l\1YRON A. SMITH'S BAY VIEW
SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 57 OF THE PUBLIC
RECORDS OF PINELLAS COUN'IT, FLORIDA, AND BEING A POINT ON
THE SOUTHERLY RIGHT-OF-\VAY OF COUNTY ROAD #31, THENCE
ALONG SAID SOUTHERLY RIGHT-OF-\VAY N 67029'05" E,138.99 FEET TO
THE POIN! OF BEGINNING; THENCE N 21046'25" W, 66.04 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-\VAY OF SAID COUNTI' ROAD
#31; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N 67029'05" E,
251.74 FEET; THENCE S 22030'55" E, 66.03 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF SAID COUNTI' ROAD #31; THENCE
ALONG SAID SOUTHERLY RIGHT-OF-WAY S 67029'05" W, 259.60 FEET TO
THE POINT OF BEGINNING.
CONTAINING 16,651.06 SQUARE FEET OR 0.38 ACRES MORE OR LESS.
SUBJECT TO AN EASEMENT FOR SANITARY SEWER AND
INGRESSIEGRESS OVER THE NORTH 25 FEET OF THE SOUTH 35 FEET OF
ABOVE DESCRIBED REAL PROPERTY TO BE GRANTED TO THE CITY OF
CLEARWATER. FLORIDA. Containine 6.492 square feet. more or less.
EXHIBIT "B"
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GULF - TO- SA SL YD.
(S.R. 60)
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Su'Jeet Property
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bt
llillE: This is not a survey!
VAC96-15.d"g
Rt.tS
12/16/96
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City of Clearwater
Interdepartment Correspondence Sheet
TO:
Janis Przywara, Senior Legal Staff Assistant
Earl Barrett, Real Estate Services Manager ~
Easement grant from Laura Nail Connolly to the City
DATE:
June 24, 1997
RECEIVED
JUN 2 6 1997
CITY ATI0RNEV
rti!-- ~
FROM:
SUBJECT:
BACKGROUND: In 1988 Pinellas County purchased lands from Laura Nall Connolly to
be used as retention area for the new Bayside Bridge. A provision of the purchase
agreement required the County to vacate a portion of County Road 31, which would then
attach to the balance of Mrs. Connolly's property.
As I understand the history after 1988, the City objected to the vacation because it has a
sanitary line running within the right-of-way. Since then nothing was done to comply with
the vacation provision until that objection was finally resolved in March of this year when
Mrs. Connolly gave the City both a sanitary sewer easement and an ingress and egress
easement over the portion of the right-of-way proposed to be vacated.
ATTACHMENTS:
1) Copy of 3/12/97 Tom Miller letter to attorney Deborah Pointer Kynes documenting
no objection by the City to the proposed vacation following execution by Mrs.
Connolly of the required easement that would become effective when, and only
when, the County finalized the right-of-way vacation.
2) Copy ofBOCC Resolution 97-154 formerly vacating the subject CR 31 right-of-way.
3) The original easement document executed by Mrs. Connolly (to be recorded after
acceptance by the Clearwater City Commission). A completed DR 219 form is
attached for signature by a member of the City Attorney's staff.
4) An executed Affidavit of No Lien signed by Mrs. Connolly (for City Clerk records. but
not to be recorded).
Please have the easement presented to the City Commission for acceptance at its next
meeting on July 17, 1977, and for recording thereafter in Pinellas County Public Records.
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CITY OF CLEARWATER
POST OffiCE Box 4748, CLEARWATER, FLORIDA 34618-4748
March 12, 1997
Ms. Deborah Pointer Kynes
Harper, Kynes, Geller, Watson & Buford, P.A.
121 North Osecola Avenue, Suite 300
Clearwater, Florida 34615
RE: Application to vacate a portion of County Road 31
Dear Ms. Kynes:
This letter will serve to confirm receipt by the Engineering Department of the City of Clearwater of
a properly executed Sanitary Easement and Ingress and Egress Easement over, under and across
the north 25 feet of the south 3S feet of a portion of County Road 31 as described in the Special
Purpose Survey For Partial Vacation of County Road #31 perfonlled and certified by Frederick S.
Bachmann, FPS #5174 dated December 2, 1996.
It is understood by the parties that this easement shall only become effective upon approval by the
Board of County Conuuissioners of the partial vacation of County Road #31 as described in the
above referenced survey.
TIlls letter wiu also serve to inform you that the City of Clearwater has no objection to the petition
you plan to file with Pinellas County to vacate that portion of State Road #31. Please notify Earl
B~ett at 562-4754 upon final approval of the petition to vacate. The easement will then be
presented to the Clearwater City Commission for its approval and acceptance.
mas . jl er
Assistant Director of EngineeringlEnvironmental
cc: Richard J. Baier, City Engineer
William Shepard, Engineering Drafting Supervisor
Earl Barrett, Real Estate Services Manager
(i)
"EQUAL EMpLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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RESOLUTION NO. 97-154
RESOLUTION VACATING A PORTION OF A 66.0 FOOT RIGHT OF WAY
KNOWN AS COUNTY ROAD 31, SOUTH OF TRACT "A" AND NORTH OF
TRACT "B", MYRON A. SMITH'S BAY VIEW SUB, AS RECORDED IN
PLAT BOOK 25, PAGE 57, RESERVING AN INGRESS-EGRESS. AND
l\fAINTENANCE EASKMENT OVER THE NORTH 25.0 FEET OF THE
SOUTH 35.0 FEET, AND RESERVING A DRAINAGE EASEMENT OVER
THE ENTIRE VACATED AREA, LOCATED IN THE SOUTHWEST 1/4 OF
SECTION 16, TO\VNSHIP 29 SOUTH, RANGE 16 EAST.
WHEREAS, Laura Nail Connolly, Tr., represented by Deborah Pointer Kynes,
of Harper, Kynes, Geller, Watson & Buford, P.A., petitioned this Board of County
Commissioners to vacate the following described property:
lands described in legal description attached hereto
and by this reference made a part hereof; and
\VHEREAS, the Petitioner has shown that the requested vacation will not cause
inj ury to surrounding property or property owners, and said property sought to be vacated
does not now serve, and is not needed for any public purpose; and
WHEREAS, the Publisher's Affidavit, showing compliance with the notice
requirement of Chapter 336.10 of the Florida Statutes, has been received by the Board.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County--
Commissioners of Pinellas County, Florida, in regular session duly assembled on this 10th
day of June, 1997, that the above described property be, and the same is hereby vacated
insofar as this Board has the authority to do so.
BE IT FURTHER RESOLVED that this resolution, the proof of publication of
the notice of public hearing, and the proof of publication of the notice of adoption hereof, be
recorded in the deed records of Pinellas County, Florida.
Commissioner
Todd
offered the foregoing resolution
and moved its adoption which was seconded by Commissioner
and upon roll call, the vote was:
Seibert
AYES:
NAYS: None.
ABSENT AND NOT VOTING:
Stewart, Todd, Parks, Seibert and Harris.
None.
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