20-06RESOLUTION NO. 20-06
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM HABITAT FOR
HUMANITY OF PINELLAS COUNTY, INC., FOR THE REPAIR,
MAINTENANCE, AND REPLACEMENT OF A SIDEWALK AT 1121
SOUTH ST., CLEARWATER, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a sidewalk easement from Habitat for Humanity
of Pinellas County, Inc. for the repair, maintenance, and replacement of a sidewalk; and
WHEREAS, Habitat for Humanity of Pinellas County, 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 20-06.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this /O day of ganctekri, , 2020.
Approved as to form:
Laura Mahony
Assistant City Attorney
[A05-00152 /245826/1]
- cedrtef‘Ct (aloof
George N. Cretekos
Mayor
Rosemarail
City Clerk
Resolution 20-06
EXHIBIT A TO RESOLUTION 20-06
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FL 33758-4748
1 SIDEWALK EASEMENT
1
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, Habitat for Humanity of Pinellas County,
Florida not-for-p•ofit Corporation, whose mailing address is 13355 499' St. North, Clearwater, FL 33762
("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 ow 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 PUBUC shall have full and free use of said sidewak 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.
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.
fA05-00152 /24582411j
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this .5" day of Pe cmw. 40.air. , 2019.
Signed, sealed and delivered
in the presence of.
Witness si
k(1(14 Ord ei
Print wlMss name
Witness signature
SAKAIN1.
Print witness name
Habitat for Humanit of Pinellas County, Inc.
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared ).AIP. , as
L...tr0 of Habitat for Humanity of Pinellas County, 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 herein set forth, and who [,4 is personally known to me, or who [ I did produce
as identification.
O. •
Notary Public - State • Florida
OCAARA Ck 6711;2512-
SS
Type/Print Name
[A05-00152 /24582411
My commission expires:
NO‘Lk.
CAMILA GONZALEZ
Notary Public, State of Merida
My Coon. Expires Nov, 14, 2021
No. GG 160134
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this J'`' day of Dec4104*.r 2019.
Signed, sealed and delivered
in the presence of Habitat for Human' g of Pinellas County, Inc.
Witness M nature
Pi_l1 int w's r &S
Witness signature
ftrlt
Print witness name
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared - ClA, as
GeV of Habitat for Humanity of Pinellas County, 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 herein set forth, and who ] is personalty known to me, or who [ ] did produce
as identification.
Notary Public - State o lorida
Ca -W-41 enieCiatel-
Type/Print Name
[A05-00152 1245824/11
My commission expires:
1V0\1' ItA• 2.024
CAMILA GONZAl.EZ
Notary Public. State of Florida
MY Cantu Expime Noy. 14. 2021
No. GG 160134
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT OF NO LIENS
:ss
BEF RE ME, the undersigned authority, personally appeared } ti 4 SQA.kon
as of Habitat for Humanity of Pinellas County, 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 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.)
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.
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 /245824/11
EXHIBIT A
SECTION n , TOWNSHIP 29 SOUTH, RANGE 15 EAST, PlIELAS COUNTY, FLORIDA
LEGAL DESCRFEION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION - SIDEWALK EASEMENT
THAT PART OF THE WEST 1/2 OF LOT 1, BLOCK G, LAKE VIEW
HEIGHTS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF,
AS RECORDED IN PLAT BOOK 13, PAGE 5, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 1 AND RUN
THENCE S89'03'45"E 3.00 FEET ALONG THE NORTH BOUNDARY OF
SAID LOT 1; THENCE S45241471W 4.20 FEET TO THE WEST
BOUNDARY OF SAID LOT 1; THENCE N00`06'40*W 3.00 FEET ALONG
THE WEST BOUNDARY OF SAID LOT 1 TO THE POINT OF BEGINNING.
PREPARED FOR
HABITAT FOR HUMANITY OF PINELLAS AND WEST PASCO COUNTIES,
INC.
SEET10F2
COMEAU* 1 IRBY CERTIFY TO THE MST OF MY KNOMEDGE Ate BEEF THAT
THE LEGAL DESCRPTION MD SKETCH SHOW IEFEON SUBSTMIALLY MEETS Tif
STANDARDS OF PRACTICE FOR LAND SURWMG DESCRIBED IN 11€ STATE Cf FLORIDA
RULE 5.1-17. F.A.C. FURTHERMORE. MS CERTIFICATION SHALL NOT prat 70 ANY
O1HER PERSONS CR parts OMR THAN IHOSE NAMED HEREON AND SHALL NOT BE
VALYL AND BINDWG AOMNST WE UNDERSIGTED SURVEYOR WTHOUT THE ORIGINAL
RAISED SEM. Ale SIGNATURE CF THE FLCRETA LICENSED SURVEYOR AND MAPPOI.
JCIAL y
tromieola 'wows arcy Foe 'RE CM/FM PARIES
JOB NUMBER : 190055A
DATE SURVEYED: N/A
DROING FILE: 190055&DDATE DRAWN: 11-26-2019
LAST REVISIC+I: N/A
X REFERENCE: N/A
G.S.
LEI 1834
GEORGE A. SKIMP II
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
&SW AWN mortrAto
PALM iiIRM MORIN 84111.7
MO" (727) 781-40, fair (9',41) 780-101
SECTION , TOVMSHIP .. 29 .. SOUTH, RANGE .. 15 .. EAST,
PIN€LLAS COUNTY, FLORIDA
LEGAL DESCR P'TION end SKETCH
THIS IS NOT A SURVEY
0 20
GRAPHIC SCALE
i inch = 20 feet
FR 1/2"
SFEET 2 OF 2
CER1FICA1ION 1 FUEBY CERTIFY TO THE BEST OF MY IQ10tLEDGE AND BEIEF THAT
1}E LEGAL. OESt Pf CN A*) SIIEIIQI I HEREON SUBSTANTIALLY 1EE151FE
STANDARDS OF PRACTICE FOR LAND SURVEYING DESCRED H AE STATE OF FLORIDA
RULE 5J-17, F.A.C. FURTHERMORE,, THIS CERTIFICATION SHALL NOT EX1ENO TO MY
OTHER PERSONS OR PARIES O1HER THAN THOSE NAB HEREON AND SHAD. NOT BE
VAUD AND BMOC AGM$IST TIE UNDERSIGNED SURVEYOR 1MIHGUT THE ORIGINAL
RAISED SEAL AND SIGNATURE OF THE FLORIDA U ENSEO SURVEYOR AND MAPPER.
OFFICIAL COPY
'itl t.. IAB otLy Foil RE cERTilw P°
JOB MUTER 190055A
DATE SURVEY@: N/A
DRAWING FIE 1900555
DATE DRI!
11-26-2019
LAST REVISION. N/A
X REtERE l : N/A
G.S.
LB 1834
GEORGE A. SHEAF II
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
PeSOTO sow= Mit
AUX £ 90lt MLOAI/M .198
PM" (787) 78l-5196 # t (7272 7886-/26