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WESTCHESTER LAKE CONDOMINIUM ASSOCIATION INCReturn to: Chuck Lane Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758 -4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2014086892 03/27/2014 at 03:13 PM OFF REC BK: 18352 PG: 35 DocType :EAS RECORDING: $35.. D DOC STAMP: $0.70 50 IDRAINAGE EASEMENT 1 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, Westchester Lake Condominium Association, Inc., a Florida non - profit corporation, whose principal address 2836 Countryside Boulevard # 111, Clearwater, FL 33761 ( "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: See Exhibit "A" appended hereto and by this reference made a part ( "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 govemmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain the Facilities installed hereunder and 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. 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 altemate 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 altemate 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 WH REOF, the undersigned grantor has caused these presents to be duly executed this 2-2 day of fii , 2014. Signed, sealed and delivered in the presence of: Ali et Witnes signature pih t'hI Print witness name Witne signature O Atei " g4-01") Print witness name WESTCH STER LAKE CONDOMINIUM AS OCIA ION, INC. Bv: /--,4"1//.24/ Print Nameftle STATE OF FLORIDA COUNTY OF PINELLAS �- /� Bef re m V T e, the undersigned authority, personally appeared AIL/ 41 , as rrep.zb.r of Westchester Lake 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 [ ] is personally known to me, or who [ ] did as identification. : S8 produce tui Notary Public orida Type/Print Name My commission expires: • `,`' BCommission L. DD' DD 943665 Expires March 31, 2014 Bonded Thu Troy Fain Insurance 800385 -7019 N. T.S. EXHIBIT "A" This is not a survey Clubhouse Estates of Countryside Unit One Subdivision Plat Book 75, Page 60 Lot 2 Lot I 10' Drainage & UtERy Easement (per plat) 10' Skkwalt Easement O.R. Bock 5230. Page t[' Legal Description: Point of Beginning South Property Line of Lot I / Utility Easement (Par Plat) _...11101IIIIIIhihi,E._ NORTH Point ofComme ement Southeast Corner at 1 A Drainage Easement described as follows: North 89° 57' 54" West 43.23' Champagne Phase Westchester Lake Condominium Condominium Plat Book 72, Pages 44 through 48 Commence at the Southeast corner of Lot 1 in "Clubhouse Estates of Countryside Unit One" as recorded in Subdivision Plat Book 75, Page 60, in the Public Records of Pinellas County, FL, also being on the westerly right -of -way line of Countryside Boulevard (a 100 -foot right -of -way), thence North 89° 57' 54" West along the south property line of said Lot 1, a distance of 43.23 feet to the Point of Beginning of a 15 foot centerline easement, with 7.5 feet on each side and parallel to the centerline; thence South 39° 23' 26" West, a distance of 150.0 feet, where the centerline easement terminates with the side lines of said strip to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAM r D. Malone. Jr. olEaaa n T. Mahony DME 11/13/2013 LEGAL SKETCH DRAINAGE EASEMENT AT WESTCHESTER CONDOMINIUM DM Lg1_2013 -20 SHEET 1 OF 2 29/28S/16E NT.S. This is not a survey Brittany Phase Westchester Lake Condominium Condominium Plat Book 72, Pages 44 through 48 EXHIBIT "A" _,,,11aoIIIII1111111,,._ NORTH Point afBeginning QA. Legal Description: Grenoble Phase Westchester Lake Condominium Condominium Plat Book 93, Pages 72 through 74 Curve Table Radius Central Angle Arc Length Chord Bearing C1 1150.00' 1° 48' 27" 36.28' N 34° 20' 00" W A Drainage Easement described as follows: 4>' Point of Commencement Southeasterly Corner Brittany Phase" Commence at the Southeasterly corner of the property described as "Brittany Phase" in "Westchester Lake Condominium" as recorded in Condominium Plat Book 72, Page 44, in the Public Records of Pinellas County, FL, also being on the westerly right -of -way line of Countryside Boulevard (a 100 -foot wide right -of -way), said point being on the arc of a curve concave to the Southwest; thence Northwesterly along the arc of said curve having a radius of 1150.00 feet, a central angle of I° 48' 27 ", an arc length of 36.28 feet and a chord CITY OF CLEARWATER, FLORIDA bearing of North 34° 20' 00" West, for 36.28 feet to the Point of Beginning of a 15 foot ENGINEERING DEPARTMENT centerline easement, with 7.5 feet on each side and parallel to the centerline; thence South 51° 41' 55" West, a distance of 113.40' feet; thence South 62° 41' 49" West a distance of o. Mona ,k, LEGAL SKETCH 141_2013 -20 135.27 feet, where the centerline easement terminates at an existing blanket utility MO= s DRAINAGE EASEMENT AT Wear easement, with the side lines of said strip to be shortened or lengthened at each point of T. uon°"y WESTCHESTER CONDOMINIUM 2 OF 2 intersection and change in direction of said centerline easement. 11/13/2013 2%ze / AFFIDAVIT OF NO LIENS STATE OF FLORIDA :ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared T- NRtt kt3 as NI, J of Westchester Lake Condominium Association, Inc., whom, being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit "A" attached 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 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.) l 3. 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.) OA Q- 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 govemment, whether or not said assessments appear of record. 5. That there are no outstanding sewer service charges or assessments payable to any govemment. 6. 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: fitness signature Jb 4 L\ Yl Print Witness Name Witnes1 signature CI' Print Witness Name STATE OF FLORIDA :ss COUNTY OF PINELLAS WESTCH AS SCIA TER LAKE CONDOMINIUM ON, INC. By. Print Name/Title Before me, the undersigned authority, personally appeared 4(4-Lb( f , as of Westchester Lake 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 [ ] is personally known to me, or who [ ] did produce as identification. - Notary Public - Star a J •ri:a Type /Print Name My commission expires: 0:""o BENNETT L. RABIN ,. Commission # DD 943665 Expires March 31,2014 '+ � . �, Bonded TlwuTroy Fan Mumma 800-315-7019 N. TS. EXHIBIT "A" This is not a survey Clubhouse Estates of Countryside Unit One Subdivision Plat Book 75, Page 60 Lot 2 Lot / Point of Beginning 10' Drainage R Utility Easement (per plat) ='. _ South Pmperty Line of Lot L 10' Sidewalk Easement 0.12. Book 5238, Pope 726 Legal Description: Utility Easement (Per Pte) A Drainage Easement described as follows: North 89° 57 54" West 43.23' _E,moIIIIIIIIIhIhhe. NORTH Point o(Commeement Southeast Corner X of Champagne Phase Westchester Lake Condominium \ N Condominium Plat Book 72, Pages 44 through 48 x \p \ r. Commence at the Southeast corner of Lot 1 in "Clubhouse Estates of Countryside Unit One" as recorded in Subdivision Plat Book 75, Page 60, in the Public Records of Pinellas County, FL, also being on the westerly right -of -way line of Countryside Boulevard (a 100 -foot right -of -way), thence North 89° 57' 54" West along the south property line of said Lot 1, a distance of 43.23 feet to the Point of Beginning of a 15 foot centerline easement, with 7.5 feet on each side and parallel to the centerline; thence South 39° 23' 26" West, a distance of 150.0 feet, where the centerline easement terminates with the side lines of said strip to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT D. lone Jr. LEGAL SKETCH Lg12013 -20 CHECKED er DRAINAGE EASEMENT AT SHEET T. Mahony WESTCHESTER CONDOMINIUM w1E SECT-MP-RHO 11/13/2013 29/28S/16E 1 OF 2 N. T.S. This is not a survey Brittany Phase Westchester Lake Condominium Condominium Plat Book 72, Pages 44 through 48 EXHIBIT "A" Point of Beginning NORTH o "j• O \� Point of Commencement Southeasterly Corner "Brittany Phase" Legal Description: Grenoble Phase Westchester Lake Condominium Condominium Plat Book 93, Pages 72 through 74 Curve Table Radius Central Angle Arc Length Chord Bearing C1 1150.00' 1° 48' 27" 36.28' N 34° 20' 00" W A Drainage Easement described as follows: Commence at the Southeasterly corner of the property described as `Brittany Phase" in "Westchester Lake Condominium" as recorded in Condominium Plat Book 72, Page 44, in the Public Records of Pinellas County, FL, also being on the westerly right -of -way line of Countryside Boulevard (a 100 -foot wide right -of -way), said point being on the arc of a curve concave to the Southwest; thence Northwesterly along the arc of said curve having a radius of 1150.00 feet, a central angle of 1° 48' 27 ", an arc length of 36.28 feet and a chord bearing of North 34° 20' 00" West, for 36.28 feet to the Point of Beginning of a 15 foot centerline easement, with 7.5 feet on each side and parallel to the centerline; thence South 51° 41' 55" West, a distance of 113.40' feet; thence South 62° 41' 49" West a distance of 135.27 feet, where the centerline easement terminates at an existing blanket utility easement, with the side lines of said strip to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAIN IT D. Melons Jr. =MD w T. Mahony DAD 11/13/2013 LEGAL SKETCH DRAINAGE EASEMENT AT WESTCHESTER CONDOMINIUM osa Ma Lg11013 -20 WET 2 OF 2 29/285/16E