19-38RESOLUTION NO. 19-38
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM CLEARWATER
NEIGHBORHOOD HOUSING SERVICES, INC., FOR THE
REPAIR, MAINTENANCE, AND REPLACEMENT OF A
SIDEWALK AT 1403-1405 ROOSEVELT AVE., CLEARWATER,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a sidewalk easement from Clearwater
Neighborhood Housing Services, Inc. for the repair, maintenance, and replacement of a sidewalk;
and
WHEREAS, Clearwater Neighborhood Housing Services, Inc. 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 19-38.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this el day of ka-e-hi,/ , 2019.
Approved as to form:
Laura Mahony
Assistant City Attorney
[A05-00152 /242915/1]
George N. Cretekos
Mayor
Rosemarie Call
City Clerk
Resolution No. 19-38
EXHIBIT A TO RESOLUTION 19-38
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. 0. 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, Clearwater Neighborhood
Housing Services, Inc., a Florida not-for-profit ' Corporation, whose mailing address is 608 N. Garden
Avenue, 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, 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 sidewalk 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 sidewalk constructed within
the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the sidewalk within the
alternate easement. Upon completion of the sidewalk relocation Grantee shall cause this easement to be
vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida.
[A45-00152 /242916/1]
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 WHEREF, the undersigned grantor has caused these presents to be duly executed
this day of N tvifik , 2019.
Signed, sealed and delivered
in the presence of:
Witness signature
Print witness name
Witness sigrigture
Print witness name
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
Clearwater Neighborhood Housing
Services, Inc., Grantor
sa GuIIey, resident: EO
Before me, the undersigned authority, personally appeared !say M. Gulley, as President and CEO of
Clearwater Neighborhood Housing Services, Inc., who executed the foregoing instrument, and who
acknowledged the execution thereof to be his/her free act and deed personally, for the ue and purposes
herein set forth, and who [ J is personally known to me, or who [ did produce
Dr;litrs L ; as identification.
s
Notary tic - State o orida
I
\\"
la M Ctif1-4re),— tuflel
Type/Print Name
[A05-00152 /242916/1)
My commission expires:
/7 42V
TINEZ.RANGEL
Pubk state
*f Florida
Comm. &Ores Oct 10, 2020
N0- GG 37213
AFFIDAVIT OF NO DIENS
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Isay M. Gulley, as
President and CEO of Clearwater Neighborhood Housing Services, Inc., 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:)
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.)
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.
[A05-00152 /242916/11
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this 10 day of Ne..41, 2019.
Signed, seated and delivered
in the presence of:
Witness signature
E os\ -6-‘c
Print witness name
Witness Sign
11
Pr' witness name
STATE OF FLORIDA
: SS
COUNTY OF PINELLAS
Clearwater Neighborhood Housing
Services Inc., Grantor
. Gulley, President fEO
Before me, the undersigned authority, personally appeared Isay M. Gulley, as President and CEO of
Clearwater Neighborhood Housing Services, Inc., 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
Iltareinset forth, and who [ 1 is personally known to me, or who [ did produce
V:VeYS titC€4,(44._ as identification.
Notary Public - State of Florida
Eakji6C.,
Type/Print Name
fA05-00152 /242916M
My commission expires:
SILVIA MART1NEZRANGEL
Notary Public, State of Florida
My Corern. Expres Oct. 102020
No. GG 37213
PROPOSED SIDEWALK
EASEMENT
Lot 13
Block 4
Lot 4
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Lot 17 0
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5'
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Lot 12
Lot 11
Lot 10
Lot 9
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Lot 5
ate'
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Carlton Street
40' R/W
Legal Description
CA Proposed 5' Sidewalk Easement described as follows:
Lot 6
Lot 7
Lot 8
The West 5' of Lots 10, 11 and 12, Block 4, " Carter, Honaker & Bare's
Lincoln Place Addition to Clearwater" as recorded in Plat Book 3, Page
\27, of the Public Records of Pinellas County, FL.
This is not a survey
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jeremy Shaw
CHECKED BY
Tom Mahony
Exhibit "A"
Proposed 5' Sidewalk Easement
1403-1405 Roosevelt Avenue
DWG. NO.
Lg1_2018-12
SECT-TWNSP-RNG 10
DATE DRAWN
SHEET
1 OF 1
- 29S 15E
10/18/19