19-26RESOLUTION NO. 19-26
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A WATER MAIN EASEMENT FROM OLUFEMI A.
OKUBOYE AND DELORIS L. OKUBOYE FOR THE
CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF
CITY WATER MAIN FACILITIES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater needs a water main easement from Olufemi A.
Okuboye and Deloris L. Okuboye for the construction, installation, and maintenance of certain
water main 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 Water Main
Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to
Resolution 19-26.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this Ctday of tAnti:)-0( , 2019.
Approved as to form:
Laura Mahony
Assistant City Attorney
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George N. Cretekos
Mayor
'dor = Rose arie Call
City Clerk
Resolution No. 19-26
EXHIBIT A TO RESOLUTION 19-26
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
1 WATER MAIN EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
Olufemi A Okuboye and Deloris L Okuboye, whose mailing address is 626 N Highland Ave., Clearwater,
Fl 33755 ("Grantor), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal
Corporation, whose mailing address is P.O. Box 4748 Clearwater, FI 33578-4748 ("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
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 water main, 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.
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IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this i day of �'ii((tST , 2019.
Signed, sealed and delivered
in the presence of:
IC/Ace OA
Witness signature
tot rtA
Print witness name
itness signature
POI r4esie-zoNk-
Printwitness name
Signed, sealed and delivered
in the presence of
Witness signature
Print witness name
Witness signature
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Print witness name
STATE OF FLORIDA
COUNTY OF PINELLAS
•
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Grantor
Grantor
Before me, the undersigned authority, personally appeared CLLf f 1M1 4. � ea executed the
foregoing instrument, and who acknowledged the execution thereof to be bL„s/her free act and dee I personally,
fo the use and purposes herein set forth, and who [ ] its personally known to me, or who [ did produce
P1.0. i24 DA- DeAveas as identification.
[A05-00152 /238657/11
c - State of
Florida
Type/Print Name
STATE OF FLORIDA
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My commission expires:
ROBERTA GLUSKI
Notary Pas - State of Florida
Commission #GG 067180
ATI My Comm. Expires a oFc Bonded Naet�NoaJYAss". I
COUNTY OF P'INELLAS
Before me, the undersigned authority, personally appeared P 5 O414 Bet ho executed the
foregoing instrument, and who acknowledged the execution thereof to be his/her free act and d personally,
for the use and pu e s herein set forth, and who [ j is personally known to me, or who &did produce
as identification.
= State of Florida
a=
Type/Print Name
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
My commission expires:
I r" :"
ROBERTA GLUSKIPublic-Site of Amide
• a# G6 0671
' My co Jana, 2021
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BEFORE ME, the undersigned authority, personally appeared , and
whom, being duly authorized does depose and say:
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
That there has been no labor performed or materials furnished on said property for which
there are unpaid bilis 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`
[A05-00152 %238657/11
(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:
Grantor
Witness signature 01 ' mi A Okuboye
Print witness name
Witness signature
Bruer
Print witness name
Signed, sealed and delivered
in the presence of:
t Lt -rt
Print witness name
Witness signature
+ z�
Print witness name
[A05-00152 /238657/11
Grantor
De oris Okuboye
STATE OF FLORIDA
•
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COUNTY OF PINELLAS
Before me, the undersigned authority, personally appearedRani A. plat 661 gho 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 [ ] is personally known to me, or who [ did
produce 7rOQ 12 Oaf as identification.
crtate of Florida
hitaryi &sk
Type/Print Name
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
My commission expires:
1N. ROBERTAGIUSKI
,� Notary Pum- State ofFlorida
`, • ` Coin IS GG 087180
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Before me, the undersigned authority, personally appeared "Vibe' .l s 1 etteove, who executed
the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and d
personally for the use and purpo*es herein set forth, and who [ ] is personally known; me, or who [ .did
produce ' -r 1--10 04 i U -s as identification.
t-1cokser
of
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- State of Florida
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Type/Print Name
[A05-00152 23865711]
My commission expires:
"'r"" ROBERTA GIUSKI
Notary Public— Slate atfbrida
Commission #GG067180
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My Conn. Expires Jan 29, 2021 I
National Notyaoen,
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Not to Scale
This is not a survey
Clearwater Country Club Estates
Condominium Plat Book 113, Page 27
Lots
Lot 6
Lot 11
Hillcrest Addition
Plat Book 14, Page 49
Lot 12
Lot 13
�i
Legal Description
A Proposed Water Main Easement described as follows:
The North 25' of the East 10` of Lot 11 of Hillcrest Addition, as recorded in Plat Book 14, Page 49, of the
Public Records of Pinellas County, Florida.
CITY OF CLEARWATiER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
11.1,4
Exhibit "A"
Proposed Water Main Easement
626 N Highland Avenue
MAL NO,
141_2019-17
1 OF 1
041110
SEC-TWNSP-RNG 11 29 5 15 E
DATE DRAWN 07/29/19