19-36RESOLUTION NO. 19-36
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM MADISON POINT,
LLC, FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT
OF A SIDEWALK AT 380 S. MARTIN LUTHER KING JR. AVENUE,
CLEARWATER, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater requires a sidewalk easement from Madison Point,
LLC for its development of the subject property, for the repair, maintenance, and replacement of
a sidewalk; and
WHEREAS, Madison Point, LLC wishes to grant the City of Clearwater said easement;
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 19-36.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ,11 day of -1-10144,44/4 , 2019.
— CV)) ( it cr AtV003
George N. Cretekos
Mayor
Approv d as to form: Attest:
Laura Mahony
Assistant City Attorney
[A05-00152 /242243/1]
Rosemarit,Call
City Clerk
Resolution No. 19-36
EXHIBIT "A" TO RESOLUTION 19-36
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
i
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 tout 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-Oo152 /242244/1]
N WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this I day of M IA.* bl - , 2019.
Signed, sealed and delivered
in the presence of:
T,1C *A/4C f7 "
Print witne s name
Witn
�s signature
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF ORANGE
Before me, the undersigned authority, personally appeared[rk{, i!- _ //��;/' 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 [kJ is personally known to me, or who [ I did
produce as identification.
Type/Print Name
[A05-00152 /2422
My commission expires:
LANCE JOSEPH REIBELING
otary Public - State of Florida
Commission e GG 236104
My Comm. Expires 3ui 14, 2022
3onded through National Notary Assn.
0
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
pfor.,erty Piriellas Cc`Iffity, Florida, tc., 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.
N WITNES WHERg0F, the undersigned grantor has caused these presents to be duly executed
this f; day of iVokiegt4e.**-- 2019,
[54-298/242244/1]
Signed, sealed and delivered
in the presence of:
\**Witness signature
Print witne
nani
1
Witney signature
M1KE, 0
Print witness name
STATE OF FLORIDA
: SS
COUNTY OF ORANGE
Before me, the undersigned authority, personally appeared4;6-, /ti , who executed
41,
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 3 did
produce as identification.
Type/Print Name
[A05-00152 /242244111
My commission expires:
LANCE JOSEPH REPIEUNG
Notary Public • State 0 Florida
Commission GG 136104
',7,4,-,orix.F1 My Comm. Expires Jut 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 1
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
S89905'25"E ALONG THE NORTH LINE OF SAID LOT 14 A DISTANCE OF 4.00 FEET; THENCE 500'02'09"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 LINE A DISTANCE OF 138.13 FEET TO THE POINT OF BEGINNING.
CONTAINS 553 SQUARE FEET OR 0.013 ACRES MORE OR LESS.
Lu
NOO°02'09"E 138.13
POB
NW CORNER
LOT 14, BLOCK "B"
L1
S00°02'09"W
LOT 13
BLOCK"B"
ORB 18675, PG 618
N LINE
LOT 14, BLOCK "B"
LOT 14
BLOCK "B"
LINE CHART
L1= 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) E
S LINE PER
ORB 20076, PG 660
F--
L2 I
JOB #51791
LOT 30
BLOCK "B"
REMAINDER VACATED STREET
THIS SKETCH IS NOT BOUNDARY SURVEY.
SHEET 1. OF 1
CF# P120 -26 -SIDEWALK -SOD
DATE: 1013/19
SCALE: 1" = 30'
DRAWN BY: SNH
PREPARED FOR: MADISON POINT, LLC
BEARING STRUCTURE IS ASSUMED AND BASED ON THE EAST RIGHT-OF-WAY LINE OF
EWING AVENUE BEING: NO0°02'09"E.
REVISIONS:
THIS SKETCH MEETS THE "STANDARDS OF PRACTICE" AS
REQUIRED BY CHAPTER S1-17 FLORIDA BOARD OF LAND
SURVEYORS, PURSUANT TO SECTION 47(2,27/F THE
FLORIDA STATUTES. .�(J
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 K. SMITH, PSM 5797.
7
1
ACCURIGHT SURVEYS
OF ORLANDO INC., LB 4475
2012 E. Robinson Street Orlando, Florida 32803
www.AccurightSurveys.net
Admin@AccurightSurveys.net
PHONE: (407) 894-6314
ORB
PB
PG
POB
R/W
LEGEND
- CENTERLINE
- OFFICIAL RECORDS BOOK
- PLAT BOOK
-PAGE
- POINT OF BEGINNING
- RIGHT-OF-WAY
S:\PINELLAS\P120-26 - COACHMAN HEIGHTS\14-15,29-30 & N 38.11' VAC ST, BLK B\P120-26-SIDEWALK-SOD.dwg - Oct 04, 2019 COPYRIGHT ®1986 -2019, ACCURIGHT SURVEYS