19-17RESOLUTION NO. 19-17
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A DRAINAGE EASEMENT FROM WOODLAND
VILLAS CONDOMINIUM 1 ASSOCIATION, INC. FOR THE
CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF
CITY DRAINAGE FACILITIES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater needs a drainage easement from Woodland Villas
Condominium 1 Association, Inc. for the construction, installation and maintenance of certain
drainage 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 19-17.
Section 2. This resolution shall take effect immediately upon adoption.
lad" day of apf,lrvuh('X , 2019.
gum (\cr tkt.k-os
PASSED AND ADOPTED this
Approveas to form:
Laura Mahony
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
"Too : Rosemarie CaII
City Clerk
rt; 1915
L.F
Resolution No. 19-17
EXHIBIT A TO RESOLUTION 19-17
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
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, Woodland Villas Condominium I
Association, Inc a Florida corporation, whose mailing address is 4151 Woodlands Parkway Palm Harbor,
FL 34685 ("Grantor'), does hereby grant and convey to the City of Clearwater, Florida, a Florida municipal
corporation whose mailing address is 600 Cleveland St, 6"' Floor, Clearwater, Florida 33755 ("Grantee"), its
licensees, agents, successors and assigns a iron -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 to construct, reconstruct, install and maintain therein the herein referenced utilities, together with
appurtenances thereto (collectively,-Faciiities"), 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 Grantee shall provide Grantor reasonable notice in writing, seven (7)
days prior to entering the property each and every time Grantee needs to access the Easement for
maintenance, reconstruction or for any other purpose permitted hereunder; however, Grantee shall have
immediate access without notice in case of an emergency, as determined in Grantee's sole discretion.
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 theexercise 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.
[A05-00152 1235910/11
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 /1` day of _„,.}"" , 2019.
Signed, sealed and delivered
in the presence of:
fitness sig
rint witness name
was E
Print with name
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
Woodland Villas Condominium
Association, Inc
pIliefore me, the undersigned authority, personally appeared
J die.rideot Woodland Villas Condominium
foregoing instrument, and who acknowledged the execution
personally, for the use and purposes herein set forth, and who
produce as identification.
r
otary P iC -3f Florida
L, lr1 4 4
Type/Prnt Name
LAURA A. I-RANZ=SE
MY COMMISS1OU # '"'•"TT
EXPIRES: June 3, 2O 1
Bonded TMuNanny Pubic Undonwitee8
AM J
[A05-00152 (235910/1)
.fc,4gec , as
I Association, Inc, who executed the
to be his/her freeact and deed
rsonally known to me, or who [ j did
My commission expires:
AFFIDAVIT OF NO DENS
STATE OF FLORIDA
:SS
COUNTY OF PINELLAS
EFORE ME, the undersigned authority, personally appeared , to he./ ' ,
as e #, of Woodland Villas Condominium I Association, Inc ,
whom, ing duly authorized does depose and say.
I. 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, 'inert "NONE".
If no ent it wii bedeemed 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.)
Aiowia
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
CL.EARWATER, 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
[A06-80152 123591 OM
Signed, sealed and delivered
In the presence of:
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
By:
Woodland Villas Condominium I
lotion, In
Ron Schebel President
e me, the undersigned authority, personally appeared f6, cd c
1ii2ej u '
the foregoing instrument, and who acknowledged the a thereof to be ko• ler free act and deed personally,
for the use andu
p rposes herein set forth, and who [personally known to me, or who [ j did produce
as identification.
, as
of Woodland Villas Condominium I Association, Inc, who executed
Notary Publirf statbf Florida
Type/Print Name
[A05-00152 /235910/11
LAURA A.'FRANZESE
MY COMMISSION it GG °99271
EXPIRES: June 3, 2021
HandedThuf Th cUndelw N
i ar •
My commission expires:
This is not o survey
POINT OF
BEGINNING
EXHIBIT "A
Woodland Villas Condominium I
Plat !took 33, Pates 48.54
24' IngosssIEgrsss Ens*
Phase 1
8 48°29'19" W 29.72"
4/21, Ps.
S 8912'30" E 140.75'
N 89°5413" E 400:
5
2
N 88°47'22" W 94.29'
7.50
... "``2 htw a VarIes )
�Y ttne
N 18°51'31" E 21.81'
0.ir'%
24e8 North sNtle Drive rI 05.1.
N
N 89°20'08" E' 143.01'rmair
7.50 89°4$'48" E 249.26' �/1
N 08°27'30" E 102.93'
Phase 2
Recreation
Center
POINT OF COMMENCEMENT
SW CORNER OF THE NW OF THE NE OF
SECTIONI9,TOWNSHIP 28 SOUTH, RANGE 16 EAST
Phase 4
Phase 3
N 77°51'08" E 75.31' 2
1
2C
1
Legal Description
falA 15 foot centerline drainage easement lying in Section 19, Township 28 South, Range 16
East can be described as follows:
Commence at the Southwest Corner of the Northwest } of the Northeast of said Section 19;
thence N 89°56'33" E, along the East/West Centerline of said Section 19, a distance of 600.00
feet to the Southwest Corner of the "Woodlands Wits Condominium 1" as recorded in
Condominium Plat Book 33, Pages 46.51 of the Public Records of Pinellas County, Florida;
thence N 00°00'49" W along the West Property Line of said Woodlands Villas, a distance of
377.83 feet, to the Point of Beginning of a 15 foot centerline easement, with 7.5 feet on each
aide and parallel to the centerline; thence 3 46°29'19" W, a distance of 29.72 feet thence
N 88°47'22" W, a distance of 96.29 feet; thence 589°12'30" E, a distance of 140.75 feet; thence
N 00°21'27" E, a distance of 207.19 feet; thence N 89°20'08" E, a distance of 143.01 feet; thence
N 89°49'48" E, a distanceof 249.26 feet; thence N 08'27'30" 5, a distance of 102.93 feet; thence
N 77°51'08" E, a distance of75.31 feet; thence N 18°51'31 E, a distance of 21.81 feet to the
South Right -of -Way Line of Northside Drive, where the centerline easement terminates with
side limes of said strip to be shortened or lengthened at each point of intersection and change
a in direction of said centerline easement.
1
CITY OF CLEARWATER
ENOINEERIN0 OEPARTMOtT
DRAWN 8Y 1 ECKED 8Y
J. Sepanaki T. Mahony
OW Nal MET
A 15 Foot Centerline Easement at L91_2019-12 1 OF
Northside Drive
SECT—AvisP—RNO 9 — 28 S — 16 E
DATE DRAWN 06/10/2019 `