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MADISON POINT LLCReturn to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019388841 12/05/2019 09:05 AM OFF REC BK: 20796 PG: 1287-1291 DocType:EASEMENT RECORDING: $44.00 D DOC STAMP: $0.70 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, Madison Point, LLC, a Florida Limited Liability Company, whose mailing address is 558 W. New England Ave., Suite 250, Winter Park, Florida 32789 ("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, Florida 33758-4748 ("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 repair, maintenance and replacement. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to maintain thereon such sidewalk and to inspect and alter and/or replace same 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 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. [A05-00152 /242244/1] IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 14' day of N)c ak h ' , 2019. Signed, sealed and delivered in the presence of: cv. (STAe�s 4 A/AC /`f Print witn as name Madiso oint, LLC Patr"'aw, M'ager Witn ss signature Print witness name STATE OF FLORIDA COUNTY OF ORANGE : ss Before me, the undersigned authority, personally appeared? :4- £. , who executed the foregoing instrument, and who acknowledged the execution thereof to be his er free act and deed personally, for the use and purposes herein set forth, and who [k] is personally known to me, or who [ ] did produce as identification. Notary P�u1A(1 Type/Print Name [A05-00152 /242244/1] Florida My commission expires: iris im..+01111 will kw. aim b 4111`411", LANCE JOSEPH REIBELING ' _ r° • i• sr Notary Public - State of Florida �•. :'� • �'o; Commission 2 GG 236104 'ort`°` My Comm. Expires Jui 14, 2022 4 Bonded through National Notary Assn. AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Patrick E. Law, 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.) NONE. 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.) Mortgage from Wells Fargo Bank, N.A. recorded on June 5, 2018 in Book 20076, Page 663 in the Official Records of Pinellas County, Florida and Subordinate Mortgage from City of Clearwater recorded on June 5, 20118 in Book 20076, Page 687 in the Official Records of Pinellas County, Florida 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 WITNES§�j J�NHER�/OF, the undersigned grantor has caused these presents to be duly executed this /s'- day of / VD✓Ght i►eV , 2019. [54-298/242244/1] Signed, sealed and delivered in the presence of: ness signature 134-N fc Print witne§fi name Witne$ signature 1.1U Print witness name STATE OF FLORIDA . ss COUNTY OF ORANGE Before me, the undersigned authority, personally appeared !i� - , who executed the foregoing instrument, and who acknowledged the executi n 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 as identification. Type/Print Name [A05-00152 /242244/1] My commission expires: tY PSB LANCE JOSEPH REIBELING Notary Public - State of Florida Commission GG 236104 My Comm.. Expires Jul 14, 2022 Bonded through National Notary Assn. EXHIBIT A SKETCH OF DESCRIPTION SECTION 15 TOWNSHIP 29 RANGE 15 DESCRIPTION (4' SIDEWALK EASEMENT) THE WEST 4.00 FEET OF LOTS 14,15, AND LOTS 29 AND 30, AND THE NORTH 38.11 FEET OF VACATED STREET LYING SOUTH OF AND ADJACENT TO SAID LOTS 15 AND 30, BLOCK B OF COACHMAN HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 16, AS RE -PLATTED AND RECORDED IN PLAT BOOK 20, PAGE 26, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE NORTHWEST CORNER OF LOT 14, BLOCK "B", PLAT BOOK 20, PAGE 26, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA THENCE RUN S89°D5'25"E ALONG THE NORTH LINE OF SAID LOT 14 A DISTANCE OF 4.00 FEET; THENCE S00"02'09"W A DISTANCE OF 138.13 FEET ALONG A LINE LYING 4.00 FEET EAST OF AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF EWING AVENUE TO THE SOUTH LINE OF OFFICIAL RECORD BOOK 20076, PAGES 660 THROUGH 662, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N89°05'25"W ALONG SAID SOUTH LINE A DISTANCE OF 4.00 FEET TO SAID EAST LINE; THENCE N00'02'09"E ALONG SAID EAST UNE A DISTANCE OF 138.13 FEET TO THE POINT OF BEGINNING. CONTAINS 553 SQUARE FEET OR 0.013 ACRES MORE OR LESS. 06 0.4 LU a, 0 W N 0 w W z w Z POB NW CORNER LOT 14, BLOCK "B" 11 M 0 N O 0 O Vf LOT 13 BLOCK "B" ORB 18675, PG 618 N LINE LOT 14, BLOCK "B" LOT 14 BLOCK "B" LINE CHART 11 = S89°05'25"E 4.00' L2 = N89°05'25'W 4.00' LOT 29 BLOCK "B" LOT 15 BLOCK "B" HAVEN STREET (40` VACATED R/W) $ LINE PER ORB 20076, PG 660 L2 1 LOT 30 BLOCK "B" REMAINDER VACATED STREET JOB #51791 THIS SKETCH IS NOT A BOUNDARY SURVEY. SHEET1OF1 CF# PI20-26-SIDEWALK-SOD DATE: 10/3/19 PREPARED FOR: MADISON POINT, LLC REVISIONS: SCALE: 1" = 30' DRAWN BY: SNH BEARING STRUCTURE IS ASSUMED AND BASED ON THE EAST RIGHT-OF-WAY LINE OF EWING AVENUE BEING: NOD°02'09"E. THIS SKETCH MEETS THE "STANDARDS OF PRACTICE" AS REQUIRED BY CHAPTER 51-17 FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472. 27 QF THE FLORIDA STATUTES. /i° (T[II RONALD K. SMITH, PSM 5797 "NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF THIS FLORIDA LICENSED SURVEYOR AND MAPPER." OR THE DIGITAL SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY RONALD 8. SMITH, PSM 5797: ACCURIGHT SURVEYS OF ORLANDO INC., LB 4475 2012 E. Robinson Street Orlando, Florida 32803 www.Accurightsurveys.net Admin@Accurightsurveys.net PHONE: (407) 894-6314 S:\PINELLAS\Pt20-26 - COACHMAN HEIGHTS\14-15,29-30 & N 38.11' VAC ST, 8LK B\P120-26-SIDEWALK-SOD.dwg- Oct04, 2019 ORB P8 PG POB R/W LEGEND - CENTERLINE • OFFICIAL RECORDS BOOK - PLAT BOOK -PAGE POINT OF BEGINNING - RIGHT-OF-WAY COPYRIGHT 41986 -2019, ACCURIGHT SURVEYS