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HARBORVIEW GRANDE CONDOMINIUM ASSOCIATION INC�, Retum to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 DRAINAGE EASEMENT K��i Bi.ircK�, ��nii u� yi�uK i AND COMPTROLLEFt PINELLAS COUNT'!> �L �u�# 20'13 �Ev'S4 v�;ZZ;z� �� at �$:'�S A�: OFF REC BK: 18013 PG: 2559-2561 DocType:EAS RECORDING: $27.00 D DOC STAMP: $0.70 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, Harborview Grande Condominium Association, Inc., a Florida non-profit corporation, whose principal address 7300 Park Street, Seminole, Florida 33777 ("Grantor") does hereby grant and �onvey to the City of Clearvvater, 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 ir� the County of Pinellas, State of Florida, to wit: A DRAINAGE EASEMENT lying and being situate within a portion of HARBORVIEW GRANDE, A CONDOMINIUM, according to the plat thereof recorded in condominium Plat Book 140 page 87, et seq., of the 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") Appurtenant to that certain 10' Drainage Easement located within lots 5 and 6, Block A, Bayside Subdivision No. 5, according to the Plat thereof, 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 anci 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 an,y 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 Counry, 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 writter� 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 /?��' dayof t�-�4;'� / , 2013. T Signed, sealed and delivered in the presence of: Witne s� nature 0.1,�, �',�.�-� I Print witness name � ,,�.� ,` Witness signature �:-►d� ��- �� I� Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS HARBORVIEW GRANDE CONDOMINIUM ASSOCIATION, INC. �� -'�� bw � c�n c� In� . l�'l �' � a n� Print NamelTitle Before me, the undersigned authority, personally appeared �v�.u�c,�,n (X �. M�`��►'� , as �eSi dQn%' of Harborview Grande Condominium Association, Inc., who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ f] is personally known to me, or who [ j did produce as identification. G'a��?��N�. 1 Notary Public - State f Florida �an��sYl.e� n Type/Print Name My commission expires: AMANDA FISHER � COMMISSION M EE828127 gT,�� EXPIRES AUG 19 2016 rauoEO� IW INfUAAOICEGDMtFMn s�o�e �" = 30' EXHIBIT "A" This is not a survey � \ Clearwater Harbor � ` � S21°49'26"W 20.00' NORTH N 67° 44' 51" W 5.00' Point of Beginning N 68° 02' 03" W 5.00' Point of Commencement � \ N21°49'26"E \ S 67° 44' 51" E / / 20.00' �� 5.00' Harborview Grande / A Condominium / Condominium Book 140, Page 88 / / �� / �� / Bay Harbor i A Condominium / � Condominium Book 147, Page 1 / / � � / / � �� eq�'M�AY BO(��EVARD LEGAL DESCRIPTION: A 5' Drdinage Easement described as follows: Commence at the Northeast comer of the property described in the plat "Harborview Grande, A Condominium" in Condominium Plat Book 140, Page 88, as recorded in the Public Records of Pinellas County, FL; thence N 68° 02' 03" W, along the seawall, a distance of 5.00 feet to a Point of Beginning; thence N 67° 44' 51" W, along the seawall, a distance of 5.00" thence S 21° 49' 26" W, parallel to the East property line of said property, a distance of 20.00'� thence S 67° 44' 51" E, a distance of 5.00'; thence N 21° 49' 26" E, parallel to said East property line of said pmperty, a distance of 20.00 feet to the Point of Be�inninQ. ru"' � STATE OF FLORIDA AFFIDAVIT OF NO LIENS ss COUNTY OF PINELLAS . FORE ME the undersi ned authori ersonall a eared .�� <<'�"`"� , ( � , 9 �Y. P Y PP �� as '72�C�+cP�� of Harborview Grande Condominium Association, Inc., whom, being duly authorized does depose and say: That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas Counry, Florida, to wit: A portion of HARBORVIEW GRANDE, A CONDOMINIUM, according to the plat thereof recorded in condominium Plat Book 140 page 87, et seq., of the Public Records of Pinellas County Florida, being more particularly described in EXHIBIT "A" appended hereto and by this reference made a part hereof 2. 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 witl 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.) 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, except: (list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been entered.) 4. 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. 5. 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. , Yti Signed, sealed and delivered In the presence of: � Witnes ' nature (( C� �';1 Print Witness Name � C. , -��'G-- Witness signature ��,�� G �'31n,e.� Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS HARBORVIEW GRANDE CONDOMI UM ASSOCIATION, INC. �uw�n� c� l.� . M t � � � Print Name/Title Before me, the undersigned authority, personally appeared �uw� q,�C� 1,� .(� ;� 0.M , a:s ��Sid�� of Harborview Grande Condominium Association, Inc., whn executed the foregoing instrument, and who acknowledged the execution thereof to be hi�/her free act and deed personally, for the use and purposes herein set forth, and who [,� ] is personally known to me, or who [] did produce as identification. Notary Public - State of lorida �'h�.�n c�q ��tQr' Type/Print Name My commission expires: AMANDA FISHER ►qr,wr COMMISSION # EE828127 � EXPIRES AUG 19 2016 �ao�a; eoNOEO �aouc,H ItlJ INStNtAWCE OOAAPMIY