19-20RESOLUTION NO. 19-20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM SETH W. LEVY &
SAMANTHA D. LEVY FOR INSTALLATION, REPAIR AND
MAINTENANCE OF A SIDEWALK; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater needs a sidewalk easement from Seth W. Levy &
Samantha D. Levy for the installation, repair and maintenance of a sidewalk; 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 Sidewalk
Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to
Resolution 19-20.
Section 2. This resolution shall take effect immediately/`upon adoption.
PASSED AND ADOPTED this 1 day of Ltc5Il i -a --t , 2019.
Approved as to form:
Laura Mahony
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
04 -Le
Resolution No. 19-20
EXHIBIT A TO RESOLUTION 19-20
Return to:
Rob Brisk
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
SIDEWALK 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, Seth W. Levy & Samantha D. Levy,
whose mailing address is 1443 Forest Rd., Clearwater, Fi 33755 ("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")
This easement is for public sidewalk installation, repair and maintenance. 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 after 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.
The General Public shall have full and free use of said sidewalk at any time and all times for traveling
purposes.
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 wriften
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 I v day of a L y , 2019.
Signed, sealed and delivered
in the presence of
Witness signet re
TO.M' 52. 169P CZyN,SK.I
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STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Seth W. Levy, 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 [ YJ is personally known to me, or who [ j did produce
as identification.
Notary Public - State of Florida
TKC
ype/Print Name
My commission expires:
Witness signature
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�.0'41 e Gam,(%
Print witness name
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Samantha D. Levy, 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 [J is personally known to me, or who [ 1 did produce
as identification.
Notary Public - Sta e of Florida
If 4E( S-p?-Rtro
Type/Print Name
My commission expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT OF NO LIENS
: ss
BEFORE ME, the undersigned authority, personally appeared Sairnrilrik and
t h 1, whom, being duly authorized does depose and say:
1. That aforesaid parties are the owners 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.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this J day of 3 . t,y , 2019.
Signed, sealed and delivered
in the presence of:
Witness signature G
i7)Of'czYrr
Print witness name
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Seth W. Levy, 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 [, j is personally known to me, or who [ j did produce
as identification.
Notary Pubiic - tate of Florida
Type/Print ame
My commission expires:
: Marc Sebban
a Fara.
$ My CamNMion GO 037679
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Expires 101112020
Witness signature
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STATE OF FLORIDA
: SS
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Samantha D Levy, 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 [ I did produce
as identification.
Notary Pub - State of Florida
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Type/ not Name
My commission expires:
LOT 125
LOT 128
h
CI
WEST(M)
(ASS ILcD MST OF LEA s)
LOT 138
EAST(M)
110'(P)
LOT 137
PPROPOSED WEBB&
(SOUTH LAE OF LOT 137)
(NORTH RAv UNE OF aAawaaD Snag)
OAKWOOD STREET (60' R%W)
1Z5'
LAKEWOOD DRIVE (35' R/W)
i
Legal
BookDtion for proposed Sidewalk Easement �giining at the Southeast Corner of Lot 137. CLETAI000. recorder/ in
Page 14, Public Records of Pinellas County, fMrick4 nm thence West along the South Line of Lot 137, a
distance of 15 feet run thence 14/56'001-a distance of 17.88 feet to a paint on the East Line of Lot 137; run thence
S00'59' along the East Line of soil Lot 137, a esteem? of 10 feet to the Point of Beginning.
JOB NUMBER: MMX/X199D DAVID C £IRNER FLOOD ZONE "AE & X"
1FLEPHONE.• (727) 360-0636 PROFISS/ONAL SURVEYOR MAPPER FLOOD MAP DATE 5/17/05
DAL`'.' 5/30/19 9925 GULF BOULEVARD COMMUNITY NUMBER: 125096
SCALE: 1 INCH = 20 FEET TREASURE ISLAND, FL 33706 ,MAP NUMBER: 12103C0107 H
_DAWN B» LICK saECTIoN 71 lowiSHIP so SOIRN SAME 1s FAST CHEMED BY: pCN
CeMnS9 7* SE7?I W. AND S4AIANTh4 D. LEVY
I HEREBY QERDFF TMT THE LEGAL AE9S IPIT N REPRESENTED HEREON MEM THE STANDARDS OF ~cm(
�I i�S/Ri F401434 pF ARaFE {IL lneess AND INPPERS' AV manse SI- l
00101 PG4 INT TO /ZQVIID1 SMITE E 47ZOY7.
THIS IS NOT A SURVEY , a �O 9
0 HARMER P. 4111
(SKETCH FOR LEGAL DESCRIPTION PURPOSES ONLY) RI'.CaE71611A710 NUMBER 2010
LEGER& P/M-RENT OF 54)' a.-QE7o/E4LAME 4141EASURED P-flAT POE..PCNT OT BM/WPM
7NDT IML D WITHOUT TIE SA:NAT RE AND THE OAYSMt/L A4SED SEAL & A FLORIDA LICENSED SURVEYOR AMD MAPPER"
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