20-42RESOLUTION NO. 20-42
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM CENTRAL
PROPERTIES, INC., AS TRUSTEE OF THE BAYMONT TRUST,
FOR THE REPAIR, MAINTENANCE AND REPLACEMENT OF A
PUBLIC SIDEWALK AT 499 MANDALAY AVE.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater requires a sidewalk easement from Central Properties
Inc., as Trustee of the Baymont Trust, for the repair, maintenance and replacement of a public
sidewalk; 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 20-42.
Section 2. This resolution shall take effect immediately upon adoption.
•PASSED AND ADOPTED this I day of Ort) I- -4 , 2020.
Approve as to form:
/IULLL
Laura Mahony
Senior Assistant City Attorney
Frank Hibbard
Mayor
Attest:
,'►'L bt'
Rosemarie Call
City Clerk
Resolution No. 20-42
EXHIBIT A TO RESOLUTION 20-42
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FL 337584748
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 there from, Central Properties, Inc., as
Trustee of the Baymont Trust, whose mailing address is 8405 N. Edison Avenue, Tampa, FL 33604
("Grantor"), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal
Corporation, whose mailing address is 600 Cleveland Street, Suite 600, Clearwater, Florida 33756
("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 installation, repair and maintenance. 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 govemmental 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
altemate 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.
Signed, sealed and delivered
in the presence of:
Print witness name
Witness si • nature
Print witness name
COUNTY OF 4 Usbc icu h
The foregoing instrument was
presence or 0 online notarization,
bk LfO" ,
personallV known to me or 0 who
identification.
'al 41U it )1, � J( Grantor
Signature of Officer
'roHy uvk‘21) v2.
Printed dame & Title of Officer
acknowledged before me by means of
this 74-4- day of N 1AT.td
(name of person acknowledging),
produced
/physical
2020, by
who is 42-`'
as
Name. Yc 1r cir _
Notary Public State of Florida
(Seal)
VALERIE C. LOCICERO
i Commission 5 GG 107057
2 Expires July 6, 2021
Bonded Thro Troy Fain Mama 000.3154011)
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
•
COUNTY OF 4- ILS `(4 yh ss
BEFORE ME, the undersigned authority, personally appeared., 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 fumished 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.)
Om& i41•4 'L Ui. w e.{
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.)
10.rtc I••h4 z Ilse w o -V
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 govemment, 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
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 WITNESSVHEREOF, the undersigned grantor has caused these presents to be duly executed
this -i44- day of / \ cj u t , 2020.
Signed, sealed and delivered
in the presence of:
Witness si • nature
Print witness name
Witness si ! nature
Print witness name
COUNTY OF 14-,11S IJc
The foregoing instrument was
presence or 0 online notarization,
personally known to me or ❑ who
identification.
Grantor
Sig ature of Officer
e'e-ren i til
Printed Name & Title of Officer
acknowled ed before me by means ofd physical
this 7 day of A(,LCp;, '" , 2020, by
(name of person acknowledging), who is
produced as
Name: enc, C . LouC i
Notary Public State of Florida
(Seal)
THIS IS EQI A SURVEY.
THERE MAY BE ADDITIONAL RE,IIRIC'TgNS AFFECTING DOS PROPERTY
MKT MAY BE FOUND N THE PLIAJC RECORDS OF THIS COUNTY.
SEC. 08, TRIP. 29 S., RNG. 15 E.
PINELLAS COUNTY, FLORIDA
LEGAL DESCRIPTION:
A PORTION OF LOTS 44 AND 45. BLOCK B, FIRST ADDITION TO CLEARWATER BEACH PARK. ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 15. PAGE 80. OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA. LYING IN SECTION 8, TOWNSHIP 29 SOUTH. RANGE 15 EAST. PINELLAS COUNTY. FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 44. FIRST ADDITION TO CLEARWATER BEACH PARK. RECORDED IN
PLAT BOOK 15, PAGE 80. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N06'29'00"E ALONG THE
WEST UNE OF LOTS 44 ANO 45 OF SAID FIRST ADDITION TO CLEARWATER BEACH PARK. A DISTANCE OF 50.00
FEET TO THE NORTHWEST CORNER OF SND LOT 45; THENCE N90'00'00"E. ALONG THE NORTH UNE OF SAID LOT
45 A DISTANCE OF 94.57 FEET TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST FACE OF
THE EXISTING BUILDING; THENCE SO0'21'22"W, ALONG SMD NORTHERLY EXTENSION, A DISTANCE OF 5.02 FEET TO
THE NORTHEAST CORNER OF SAID BUILDING; THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING FOUR
(4) COURSES: 1) N89'35'34"W, A DISTANCE OF 88.27 FEET; 2) S81726'26"W. A DISTANCE OF 2.69 FEET; 3)
S45'30'12"W, A DISTANCE OF 5.57 FEET; 4) S09'02'19"W. A DISTANCE OF 2.69 FEET; THENCE S00'07'23"W,
ALONG THE WEST FACE OF SAID BUILDING AND SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 38.28 FEET TO
THE INTERSECTION WITH THE SOUTH UNE OF SAID LOT 44; THENCE N90'00'00"W, ALONG SAID SOUTH UNE. A
DISTANCE OF 4.78 FEET TO THE POINT OF BEGINNING.
CONTAINING 559 SQUARE FEET, (0.013 ACRE) MORE OR LESS
i
1. BEARINGS FOR THIS SKETCH GF DESCRIPTION ARE BASED ON THE NORTH UNE OF LCR' 45, FIRST ADDITION TO CLEARWATER BEACH PARK, ACCORDING TO TIE
MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 15. PAGE 80. OF DIE PUBLIC RECORDS OF PINELLAS COUNTY. FlDRDA FIRMI0 AN ASSUMED BEMNG
OF N00'00 00.E IRO BEARN S SHOW ON PLAT).
2. ADDITIONS OR MOM 10 THIS SKETCH OF OBICRIPTION OR REPORTS BY OTHER 111014 TME STONING PARTY OR PARTIES IS PROHIBITED.
3.1)06 SKETCH OF DESCRIPTION IS BASED ON U.S. SURVEY FEET.
4. THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE MID MAY BE SUBJECT TO EASEMENTS. IESTRICROFIS,
RIGHTS—OF—V AY AND O1NER MATTERS OF RECORD. 114E GEOMETRY AS DESCRIBED 014 THE RECORDED acumen On AS NOTED HEREIN AND IS SUBJECT TO AN
ACCURATE FIELD BOUNDARY SURVEY.
5. IRS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1/20 OR SMALLER.
DEUEL & ASSOCIATES
CONSULTING ENC�.1'EERS LAJVD!AJRVEYORS LVID PLANNERS
565 SOUTH HERCULES AVENUE
CLEARWATER. FL 33764
PHONE 727.822.4151
NMI W.oEUELENGtNEER1NG.COM
CERTIFICATE OF AUTHORIZATION NUMBER 26320
LICENSED BUSINESS NUMBER 107
1FNS DOCUMENT E NOT VNUD WITHOUT THE
SIGNATURE AND ORIGEN. RAISED SEAL OF A
FLORIDA UCEPMED SURVEYOR AND MAPPER.
SKETCH OF DESCRIPTION
cat,...4 a lit/' 499 MANDALAY AVENUE
!1 Zozo CLEARWATER
DANA A. PSM. LS 4 QTY OF CLEARWATER
Aug 17, 2020 — 2:14pm X:\CAO Projects \Projects\2019\2019-165 499 Mon ploy Avenue \ Survey \Aced\2-019-165—L5 rev1.dwg
WORK ORDER 2019-155
DAZE 8/17/2020
DRAWL T111M/11AW
SCALE: N/A
FLORIDA 'MET NO. 1 OF 2
THIS IS fla A SURVEY.
THERE MAY BE ADDITION L REDACTIONS AFFECTING MIS PROPEMY
1HAT MAY BE FOUND IN THE PUBLIC MOMS OF THIS OOIMIY.
z6
4:C
WING WALL
P08
SW CORNER
LOT 44
LEGEND
NW CORNER
LOT 45
N SEC. 08, TWP. 29 S., RNG. 15 E.
PIMUS COUNTY, FLORIDA
20'
VIM
NM
sum L' - 20'
BAYMONT STREET(F)
WEST BAYMONT STREET(P)
NORTH UNE OF LOT 45
N90'00'00"E 94.57'
EASEMENT PARCEL 559 SF (0.013 ACRE)
0
8
L5
No.
OR
PC
POB
POC
PSM
SEC.
SF
TWP. TOVRIFIP
LEGAL DESCRIPTION
IAL BUSINESS
N BER
OFFICIAL RECORD BOOK
RAT BOOK
PLAT BOOK 15. PAGE 80
�BEGNNING
POINT OF COMMDICEMENT
PROFESSIONAL SURVEYOR
* MAPPER
RAG/ CE OF—WAY
SECTION
SQUARE FEET
WING WALL
n
NORTHERLY
EXTENSION OF
THE EAST FACE
BUILDING
1
kg 1
1,,
3
1 _1g�1
!JL
I I"♦ O
1 'p.,
P)
1
N89'35'34"A 88.27''
BUMPOUT J P' -
LOT 45 (TYPICAL) Q NE CORN
ACE OF BUILDINGsse OF BUILDING
1499 (j
100.65 (P) 2 STORY <C/�_
BUILDING Q)
LOT 44 cQ`
SOUTHERLY EXTENSION
OF FACE OF BUILDING �Q'
_ 100.65 (P)
SOUTH UNE \� €f'
LOT 44 G .y.
s�
LOT 43
LOT 42
UNE TABLE
UNE
BEARING
DISTANCE
L1
SO0'21'22"W
5.02'
L2
S80'26'26"W
2.69'
L.3
S45'30'12"W
5.57'
L4
S09'02'19"W
2.69'
L5
N90'00'00"W
4.78'
1
1
LOT 1
LOT 2
1. BEARINGS FOR THIS SKETCH OF DESCRIPTION ARE BASED ON THE NORTH UNE OF LOT 45. FIRST ADDITION TO C LEAlIB111ER BEACH PARK. ACCORDING TO THE
MMP OR PLAT THEREOF. AS RECORDED N PLAT BOOK 15, PAGE 80, OF TIE PUBLIC RECORDS OF PNELLAS COUNTY, FLOMDA. HAIANG AN ASSUMED BEARNO
OF N00'00'00't (NO BEARINGS SFI08TI ON P111).
2. ADDITIONS OR DELETIONS TO TENS SKETCH OF OESCRIP'T OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHTBRED.
3. THIS SKETCH OF DESCRIPTION IS BUSED ON U.S. SURVEY FEEL
4.11415 SICET`.M OF DESCRIPTION WAS PREPARED 60HOUT THE BENEFIT OF M/ ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS.
RKIHIS—OF—CRAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON 11E RECORDED DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO MI
ACCURATE FIELD BOUNDARY SURVEY.
5. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1/20 OR SMALLER.
DEUEL &ASSOCIATES
565 SOUTH HERCULES AVENUE
CLEARWATER. FL33764
wpNE 727.822.4151
WW W.DEUEL ENGINEERING -COM
CONSULTING ENGINEERS LAND SURVEYORS LAND r6/Va' CERTIFICATE OF AUTHORIZATION NUMBER 26320
LICENSED BUSINESS NUMBER 107
THIS DOCUMENT IS NOT %6LD WITHOUT THE
SIGNATURE MD ORIGINAL RAR'[D SEAL OF A
FLORIDA UCENSED SURVEYOR AND MAPPER.
L DANA A. WYLUE, TIE SURVEYOR IN RESPONSIBLE CHARGE. CERTIFY THAT
THE SKETCH REPRESENTED HETEON. WAS MADE UNDER MY SUPERVISION AND
MEETS THE STANDARDS OF PRACT4E SET FORTH BY 1!E FLOM BOARD OF
LAND SURVEYORS 0110 MAPPERS. PURSUANT 10 SECTION 472.027 OF THE
FLORIDA STATUTES AS PRESCRIBED IN CHIMER 51-17.05201) DEPARTMENT
OF AGRICULTURE AND CONSUMER SER IC50. THINSDOWIM IS NOT VALD
IIRTHOUT
45 ORIGINAL MAPPER SIGNATURE MID RAISED SEAL OF A FLORIDA UC16ISE0
SURVEU
C11Y OF CLEARWATER
"Aug 17, 2020 — 2:14pm X:\CAD Projects`Projects\2019\2019-165 499 Ma lay Avenue\Survey\Acod\2019
SKETCH OF DESCRIPTION
499 ) ANDALAY AVENUE
CLEARWATER
FLORIDA
WORK ORCERI2019-105
DAIS: 8/17/2020
DRAWN TBM/DOW
SCALE 1" al 20'
SHEET NO. 2 OF 2
165 TS
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