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520HC LLC (2)Return to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758 -4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2014322772 11/20/2014 at 04:38 PM OFF REC BK: 18596 PG: 2318 -2321 DocType:EAS RECORDING: $35.50 1 SEWER UTILITY 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, 520HC, LLC, a Florida limited liability company, whose principal address 520 Howard Court, Clearwater, Florida 33756 ( "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 Tying and being situate in the County of Pinellas, State of Florida, to wit: A portion of Lots 4 and 5, South Park, according to the Plat thereof as recorded in Plat Book 60, Page 65 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 ( "Easement Premises ") Appurtenant to that certain Sewer Utility Easement located within lots 4 and 5, South Park, according to the Plat thereof, this easement is for sanitary sewer 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 sanitary sewer facilities, together with appurtenances thereto (collectively, "Facilities "), and to inspect and alter such Facilities from time to time. Activities authorized herein shall be conducted at Grantee's sole cost and expense. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. This Easement shall be recorded as Official Record with the Pinellas County Clerk of the Circuit Court at Grantee's sole cost and expense. 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 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. 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. 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 ZZ-day of Al t/Si , 2014. Signed, sealed and delivered in the presence of: Witness signature g e .< /M Print witness name Witness signatur Print witness name STATE OF FLORIDA COUNTY OF PINELLAS : ss H520HC, LLC B /2)7 -k% Print Name/Title eico Before me, the undersigned authority, personally appeared tf�T L94 77 g-e , as may" C of 520HC, LLC, who executed the foregoing instrume i , and who acknowledged the execution thereof t9/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. N Public - State of Florida ofidr'a- ype /Print Name My commission expires: :•io .4. *; 4 SANDRA MARIE CARVALHO . ` *i MY COMMISSION #FF068199 ,,,,, EXPIRES November 4, 2017 k � , , 15 �I ®Fi�aN9Eaw�awiE � Metes & Bounds N. EXHIBIT "A This is not a survey Tract 43/01 7089 -2382 PO /NT OF COMMENCEMENT NW CORNER LOT 5 SOUTH PARK SUBD/ VS /ON PLA T BOOK 60, PAGE 65 N85 °11'30 "E 49.1' South Park Subdivision North Line Lot 5 South Park Plat Book 60, Page 65 Parcel 1 Lot 5 Lot 3 Metes & Bounds Tract 44/19 If 1[x(0) --- North line Lot 4 South Park Subdivision 15' Drainage & Utility Easement iLJ PO /NT OF BEG /NN /NG SW CORNER OF SE 14 OF SE 14 OF S 21 295 R 15E til moo. 9> "30 r Note: Basis of bearings derived from the north boundary line of South Park Subdivision as described in Subdivision Plat Book 60, Page 65 and is recorded as having a bearing of North 85' 11' 30" East. A Utility Easement described as follows: Commence at the northwest corner of South Park Subdivision, as recorded in the Public Records of Pinellas County Subdivision Plat Book 60, Page 65, thence North 85' 11' 30" East along the north line of Lot 5 of said South Park Subdivision a distance of 49.1 feet; thence South 32' 36' 18" East along the west line of a platted 20' Sanitary & Utility Easement, as described in said South Park Subdivision, a distance of 52.0 feet to a Point of Beginning; thence South 57' 23' 42" West perpendicular to said platted easement a distance of 5.0 feet; thence South 32' 36' 18" East a distance of 8.4 feet; thence North 57' 23' 42" East a distance of 5.0 feet; thence North 32' 36' 18" West along said platted easement a distance of 8.4 feet to a Point of Beginning. Lot 4 Line Table Line # Direction Length LI S57 °23'42 "W 5.0' L2 S32° 36' 18'E 8.4' L3 N57° 23' 42"E 5.0' L4 N32° 36' 18 "W 8.4' JI_ CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT O. Malone, Jr. LEGAL SKETCH Lg110144 -12 om® BY UTILITIES EASEMENT *parr T. Mahony LIFT STATION #29 AT 1 OF 2 wie Eccr ras-wa 07/02/2014 520 HOWARD COURT 21/29S/15E Metes & Bounds N. T.S. This is not a survey Tract 43/01 7089 -2382 �V) oC" se— Ill RI EXHIBIT "A" PO /NT OF COMMENCEMENT NW CORNER LOT 5 SOUTH PARK SUBD /v/S /ON PLAT BOOK 60, PAGE 65 North Line Lot 5 South Pork Subdivision 15' Drainage & Utility Easement Metes & Bounds Tract 44/19 _ginllll1111111lllluhi.. K (o) N85 °11'30 "E 124.1' North Line Lot 4 South Pork Subdivision South Park Plat Book 60, Page 65 PO /NT OF TERM /NAT /ON Lot 5 Lot 3 SW CORNER OF SE 1/4 OF SE %f OF52129SR 15E Parcel 2 PO /NT OF BEGINNING 5.0' Note: Basis of bearings derived from the north boundary line of South Park Subdivision as described in Subdivision Plat Book 60, Page 65 and is recorded as having a bearing of North 85' 11' 30" East. A Utility Easement described as follows: Commence at the northwest corner of South Park Subdivision, as recorded in the Public Records of Pinellas County Subdivision Plat Book 60, Page 65, thence North 85' 11' 30" East along the north line of said South Park Subdivision a distance of 124.1 feet; thence South 37' 22' 15" West a distance of 20.1 feet to a Point of Beginning of a 10.0 foot centerline easement, with 5.0 feet on each side and parallel to the described centerline; thence continue South 37' 22' 15" West a distance of 29.1' where the centerline easement terminates with the side lines of said strips to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. j0 1 IP 5.0' —1LJ Lot 4 Line Table Line # Direction Length L5 S37° 22' 15 "W 20.1' L6 S37° 22' 15 "W 29.1' CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAM BY D. Malone Jr CHECKED er T. Mahony DAIS 07/02/2014 LEGAL SKETCH UTILITIES EASEMENT LIFT STATION #29 AT 520 HOWARD COURT DWG. N0. Lg11014 -12 MEET 20F2 e CT Te9R- 21/29S/15E AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared S(.U%T 11" as of 520HC, LLC, 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: Lots 4 and 5, South Park, according to the Plat thereof as recorded in Plat Book 60, Page 65 of the Public Records of Pinellas County, Florida 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 deem ggd that "NONE" has been entered.) lvei 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.) 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. 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: Witness signature eR k - ,�S Print Witness Name AEI Ntness sign�r tIc�,ek kio.44 1r•►a1 Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS 520HC, LLC By: ��..�� `.ter Print Name/Title Before me, the undersigned authority, personally appeared J1 r Q44 J/& 'e L% , as of 520HC, LLC, who executed the foregoing instrdment, and who acknowledged the exec on 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 identification. ublic - Sta - of Florida A . Cr4d Type /Print Name My commission expires: SANDRA MARIE CARVALHO MY COMMISSION #FF068199 EXPIRES November 4, 2017 (407) 398 -0153 FloridallotaryServlce.com as