19-21RESOLUTION NO. 19-21
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM ATALIE SONG
XIONG AND BLONG YANG, FOR THE CONSTRUCTION,
INSTALLATION, AND MAINTENANCE OF CITY UTILITY
FACILITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a utility easement from Atalie Song Xiong and
Blong Yang for the construction, installation and maintenance of certain utility facilities; and
WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept
said grant of easement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement,
a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 19-21.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 day of (moi , 2019.
keeittnCI AttOs
Approvgd as to form:
Laura Mahony
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution No. 19-21
EXHIBIT A TO RESOLUTION 19-21
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
UTILITY EASEMENT
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, Atalie Song Xiong and Blong Yang,
whose mailing address is 1830 Oak Trail E Apt. 106 Clearwater, Fl 33764 ("Grantor"), does hereby grant and
convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is 600
Cleveland St, 6th Floor, Clearwater, Florida 33756 ("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")
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and construct, reconstruct, install and maintain therein the herein referenced utilities, 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 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 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 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 WITNESSwV EREOF, the undersigned grantor has caused these presents to be duly executed
this _S_• day of Joe, /y , 2019.
Signed, sealed and delivered
in the presence of:
aj4
Grantor
Witness signature Atalie Song Xio
4)&1. I D• So-/, -
Print tness name
Witness s gnature
Na&1re L. rl:.L eJ/
Print witness name
Signed, sealed and delivered
in the presence of: Grantor
Witne signature Blo ang \--a------
�4nri ! ' . t
Print �n tness name
A
itness signature
Aida.e. L. / L -h//
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared I CIOs who executed the
foregoing instrument, and who acknowledged the execution thereof to be his/her ee act t d deed personally,
for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce
-�"' as identification.
£p,AC 0 Sol r►,
Notary Pub is - State of Florida
1. I a• Sot- /r-
Type/Pi'int Name
STATE OF FLORIDA
COUNTY OF PINELLAS QQ
Before me, the undersigned authority, personally appeared P) , who executed the
foregoing instrument, and who acknowledged the execution thereof to be hi /he free ct and deed personally,
for the use`aanng,purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce
as identification.
: ss
My commission expires:
/ W-3// r^
APRIL D. SALMI
N.NOTARY PUBLIC
STATE OF FLORIDA
_
,Comm* FF918133
•
Expires 10/23/2019
6
Notary ublic 42j1- State of Fl[Fllorida
Type/PFint Name
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT OF NO LIENS
: ss
My commission expires:
/6/23b$
APRIL D. SALM
NOTARY PUBLIC
STATE OF FLORIDA
Coma# FF918133
Expires 10/23/2019
FORE M , the undersigned authority, personally appeared.1-t1N and
a Q� 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 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
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.)
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:
sedi„
Witne s� signature Atalieng Xiong
Grantor
sa/w`
Print witness name
itness signature
/0,4,41 L., 4.e -f/
Print witness name
Signed, sealed and delivered
in the presence of: Grantor
Withe signature
i SQ/,+ ---
Print witness name
ness signature
Adath e
Print witness name
t
Blon ang
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appearediAj h _ ' , who executed
the foregoing instrument, and who acknowledged the execution thereof to 'e higher free act and deed
personally, for Land purposes herein set forth, and who [ ] is personally known to me, or who [ ] did
produce as identification.
Nota rJ Public - State of Florida
ri1os. Sex/
Type/Prrnt Name
STATE OF FLORIDA
:ss -
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared
the foregoing instrument, and who acknowledged the execution
personally, for the use and purposes herein set forth, and who [ ]
produce — as identification.
inAf Salit'a
Notary ublic - State of Florida
44P1* n Sot P^--
Type/Print Name
My commission expires:
AP6RIL D.SAL/M
NOTARY PUBLIC
STATE OF FLORIDA
Cow FF918133
Expires 10/23/2019
(O , who executed
thereoftairb his/f-ier free act and deed
is personally known to me, or who [ ] did
My commission expires:
ro%%/Y
APRIL D. SALM
NOTARY PUBLIC
STATE OF FLORIDA
Cernm# FF918133
Expires 10/23/2019
EXHIBIT A
SECTION 14, TOWNSHIP 29 SOUTH, RANGE 15 EAST
DESCRIPTION AND SKETCH
5 FOOT WIDE UTILITY EASEMENT
LEGAL DESCRIPTION:
THE WEST 5 FEET OF THE EAST 30 FEET OF LOT 4, BLOCK 'C', ACCORDING TO THE PLAT
OF DRUID GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15,
PAGE 46 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 515 SQUARE FEET.
THIS DESCRIPTION AND SKETCH IS BASED ON
THE RECORDED PLAT AND FIELD GEOMETRY
0
M
Block
Lot 3
JASMINE WAY
20'(D)
Bow
a
0
1 -
DRUID GROVES o
Plat Book 15, Page 46 0
I Z
ABBREVIATIONS:
(C) = CALCULATED
= CENTERLINE
(0) = DEED
ID = IDENTIFICATION
(M) = MEASURED
(P) = PLAT
Lot
4
4--20'(D)-
/
/
O
O
Co
0
5
60' RIGHT—OF—WAY
77'(D)
S 88.52'04•E 77.16'(M)
5 88°52'04•(
5.00'(C)
SUBJECT AREA
515 SQUARE FEET
11593 JASMINE WAY
PARCEL ID: 14-29-152.„,--
22698-003-0050
0
-J
In
I-
0
-J
N 88°58'3PW
5.0&(C)
30'(D)
Lot 5
47'(D)
N 88'58'311V 77.16'(M)
-77.(D)----
Lot 2 5' EASEMENT' Lot 1 3PERSPLMATT 33'
Basis of Bearings: PER PLAT
WEST RIGHT—OF—WAY LINE OF SOUTH LAKE DRUID GROVES REPEAT
DRIVE AS BEING S.00•00 00 W., ASSUMED. REVISED: 6/26/19
(NO PLAT BEARINGS) Plat Book 46, Page 1 PREPARED: 6/24/19
I
H
CO 0 O
O .
0
0
oz
:5
O ..
n
-J
J
SMI
S
NORTH DAMS:
ASSUMED
SCALE: I• = 30'
SE
E
FOR: ATALIE SONG XIONG AND BLONG YANG
THIS IS NOT A SURVEY
This Description and Sketch etl w ' jefit of a title search
and is subject to all ease �`Ot S'p-ptI•12 'fete natters of record.
t QS 1 I c4��.
I he . •• ceriifPthat the DeseriptrDn aria Sketch
rep en her:; me ': recroire - is of
C • J-17,IiY�i . inistrit ��.e.
0)
O„
m c
3
.0 0
o
HN 0. BRENCQL
uey6i potrcei. $0. 4601
b! • Nllrj2A ilp ,Ro. 760
NOTE: Description and Sketch not valid without the signature and the
original raised seal of a Florida Licensed Surveyor and Mapper.
^o
I
Prepared by:
JOHN C. BRENDLA AND ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS AND MAPPERS
4015 82nd Avenue North
Pinellas Park, Florida 33781
phone (727) 576-754G -- fax (727) 577-9932
SHEET 1 OF 1