A & S KULACH INCReturn to:
Chuck Lane
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758 -4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINEL
INST# 2014346822 LAS at 10; 0:3
COUNTY, FL
12/18/2014 at
OFF REC BK: 18622 PG: 1951-1954 36 AM
DocType:EAS RECORDING: $35.50
i
DRAINAGE EASEMENT
i
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, A. & S. Kulach, Inc., a Florida
corporation, whose principal address 330 Harbor Passage, Clearwater, FL 33767 ( "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 hereof ( "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 governmental 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 alternate easement for the Facilities constructed within
the Easement Premises, and shall, at Grantor's sole cost and expense, reconstruct the 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 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.
Drainage Easement:
A. & S. Kulach, Inc. to City of Clearwater, FL
N WITNESS W REOF, the undersigned grantor has caused these presents to be duly executed
this ay of / (.fl lL S- , 2014.
Signed, sealed and delivered
in the presence of:
fitness signature
• L II . r 5 W001)
Print witness name
Witness signature
t )] r D . , Fo
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
A. & S. KULACH, INC.
57- iLE )-
Print Name/Title / 1 2 1 D ANT
Before me, the undersigned authority, personally appeared S T.$it 4 Ey k I4.4- c /.t-as
P D . 7— of A. & S. Kulach, Inc., who executed the for6going 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 [ 7C ] is personally known to me, or who [ ] did produce
as identification.
Nota Public - State of Florida
v D Pose
Type /Print Name
NOTARY
j PUBLIC
STATE OF
�
`FLORIDA_,,
r
DAVID l FOSTER
COMMISSION # FF4198
EXPIRES April 3, 2017
BONDED THROUGH
RU INSURANCE COMPANY
Drainage Easement:
A. & S. Kulach, Inc. to City of Clearwater, FL
My commission expires:
�L1 3, 17
Scale 1" = 50' EXHIBIT "A'
This is not a survey
Point of Beginning
Northwest Corner of Lot 2
Lot 3
Sever Park
Plat Book 90, Page 59
Lot 4
Legal Description:
A Drainage Easement described as follows:
S 89° 19' 03" E
20.00'
N89 °19'03 "W
44.45' P >°
N47 °36'14 "W
40.69'
_.iido111111IIIIinhh..
NORTH
Sever Park
Plat Book 90, Page 59
Lot 2
BEGINNING at the Northwest corner of Lot 2 in "Sever Park ", as
recorded in Plat Book 90, Page 59, in the Public Records of
Pinellas County, Fl, thence South 89° 19' 03" East, along the North
lot line of Lot 2, a distance of 20.00 feet; thence South 01° 03' 04" West,
parallel to the West lot line of Lot 2, a distance of 175.81 feet,
thence South 26° 21' 03" East, a distance of 64.06 feet;
thence South 47° 36' 14" East, a distance of 101.07 feet,
to a point on the South lot line of Lot 2; thence North 89° 19' 03" West,
along the South lot line of Lot 2, a distance of 50.37 feet;
thence North 01° 03' 04" East, a distance of 37.98 feet;
thence North 47° 36' 14" West, a distance of 40.69 feet;
thence North 89° 13' 03" West, a distance of 44.45 feet;
thence North 01° 03' 04" East, along the West lot line of Lot 2,
a distance of 235.00 feet to the POINT OF BEGINNING.
z
N 89° 19' 03" W
50.37'
Lot 1
20' Drainage Easement
OR 7260 -1895
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
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Drainage Easement at
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Return to:
Chuck Lane
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FL 33758 -4748
Parcel No. 18- 29 -16- 80353 - 000 -0020
CONSENT OF LIEN HOLDER
John Keporos, Inc., a Florida corporation ( "Lien Holder "), the current holder of a Mortgage
dated November 15, 2013, as recorded in Official Records Book 18227, Page 1319 of the Public
Records of Pinellas County, Florida, hereby consents to the grant of the foregoing Drainage Easement
by A. & S. Kulach, Inc., a Florida corporation, and joins in the execution hereof solely as Lien Holder
and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said
property described in said mortgage under judicial or non judicial proceedings, the same shall be sold
subject to said Easement.
SIGNED AND EXECUTED this day of - - -7 U , N s 2014
STATE OF FLORIDA
: ss
John - • oros, I,
By:( ,dAaliAL ,
Print Name/Title
4&L4 1
COUNTY OF PINELLAS
Before me, the undersigned authority, on this day appearecL ) oV, O c' S as
`k•c -\ rn of John Keporos, Inc. known to me to be the person an• •fficer
whose name is su ribed to the foregoing instrument and who acknowledges to me th - {she
executed the same for the purposes and considerations therein expressed, in the capacity therein
stated, as the act and deed of said corporation.
tZ
Given under my hand and seal of office this 3 `day of Qom,/ , 2014
, tiPar P� o,
s,,, NANCY C FITZPATRICK
o: : e Notary Public - State of Florida
-N� rill : Qc My Comm. Expires Jun 30, 2015 My commission expires: ? c
��—� A•� �' O 1 "s ) 5
,,o�� ��,. Commission # EE 97551 ` v►rtiC, 9
Notary
'c State o Florida
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared ST,�//.L �_d Jc. l L
(� It CH-
as n & Si P �� T of A. & S. Kulach, Inc., whom, being duly authorize 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.)
/V !7Ai
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.)
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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.
Drainage Easement:
A. & S. Kulach, Inc. to City of Clearwater, FL
Signed, sealed and delivered
In the presence of:
Witness signature
T14_2-1,E St WGEi)
Print Witness Name
Witness signature
04V 7 L, Fo5TE✓Z
Print Witness Name
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
A. & S. KULACH, INC.
Print Name/Title
Before me, the undersigned authority, personally appeared 5 7i1-A i y XL(l---4 C-j4 -, as
E 1 7 4 i 7 of A. & S. Kulach, 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 [ x ] is personally known to me, or who [ ] did produce
as identification.
Notary Public - State of Florida
D4-Y, Z, �U57- —vz
Type /Print Name
NOTARY -
PUBLIC
STATE OF
FLORIDA,.
DAVID L FOSTER
COMMISSION # FF4198
EXPIRES April 3, 2017
Bosom THROUGH
RU INSURANCE COMPANY
Drainage Easement:
A. & S. Kulach, Inc. to City of Clearwater, FL
My commission expires:
Aip,c, / 3, 02.01'7
Exhibit "A"
Parcel 1
Lot 2, SEVER PARK, according to the map or plat thereof as recorded in Plat Book 90, Page 59, of the Public Records of
Pinellas County, Florida.
LESS AND EXCEPT THE FOLLOW'ING:
Commence at the southeast corner of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida; thence N.
01 deg 03 04 E., 838.97 feet, along the east boundary of said Section 18, the centerline of U.S. Highway No. 19 (State
Road N. 55); thence N. 88 deg 56 56 W., 169.96 feet, to a point on the Westerly right -of -way line of U.S. Highway No.
19 (State Road No. 55), also being the easterly boundary of Lot 2, Sever Park, as recorded in Plat Book 90, Page 59 of the
Public Records of Pinellas County, Florida, for a Point of Beginning; thence along said westerly right -of -way line, along
a curve to the left that has a radius of 78.00 feet, an arc length of 50.50 feet, a chord length of 49.63 feet, a chord bearing
of S. 20 deg 12 30 E., to a point on the south boundary of said Lot 2; thence N. 89 deg 19 03 W., 22.99 feet, along said
south boundary; thence N. 07 deg 11 44 E., 46.67 feet, to the Point of Beginning
Parcel 2
Commence at the southeast corner of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida, and go
North 01 deg 03 04 East, 1093.27 feet along the East boundary of said Section 18, the centerline of U.S. Highway 19,
thence North 89 deg 19 03 West, 115.30 feet to the northeast corner of Lot 2 of the Plat of Sever Park as recorded in Plat
Book 90, Page 59 of the Public Records of Pinellas County, Florida; thence, continue along the North boundary of said
Lot 2, North 89 deg 19'3 "West, 184.71 feet, to the Point of Beginning; thence, along the South and East boundary lines of
Lot 3 of aforementioned Sever Park the following three courses: North 89 deg 19'03 "West, 75.00 feet; thence, South 01
deg 03'0' "West, 50.00 tl.et; thence North 89 deg 19'03 "West, 125.84 feet; thence, North 01 deg 22'22" East, 250.02 feet
to the South right -of -way line of Druid Road; thence, along said right -of -way South 89 deg 19 03 East, 199.44 feet, to
the intersection of the South right -of -way line of Druid Road and the extended most easterly property line of Lot 3 of
aforementioned Sever Park; thence, South 01 deg 03 04 West, 200.01 feet along said line to the Point of Beginning.
A portion of the above is now known as the East 200 feet of Lot 3, SEVER PARK, according to the map or plat thereof
as recorded in Plat Book 90, Page 59, of the Public Records of Pinellas County, Florida.
Parcel 3
Commence at the southeast corner of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida; thence N.
01 deg 03 04 E., 856.77,,eet, along the east boundary of said Section 18, the centerline of U.S. Highway No. 19 (State
Road No. 55); thence N. 88 deg 56 56 W., 300.00 feet, to a point on the easterly boundary of Lot 4, Sever Park, as
recorded in Plat Book 90, Page 59, of the Public Records of Pinellas County, Florida, for a Point of Beginning; thence S.
01 deg 03 04 W., 27.02 feet, along said easterly boundary; thence No. 46 deg 37 13 W., 39.85 feet, to a point on the
northerly boundary of said Lot 4; thence S. 89 deg 19 03 E., 29.47 feet, along said northerly boundary, to the Point of
Beginning.
LESS AND EXCEPT That portion of land as taken by the State of Florida Department of Transportation by Order of
Taking as recorded in O.R. Book 16005, page 2670, of the public records of Pinellas County, Florida.
Parcel # 18/29/16/80353/000/0020, Parcel #18/29/16/80353 /000 /0031, Parcel #18//9/16/00000 /440/0400.