20-55RESOLUTION NO. 20-55
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM MODERN
ESTATES, INC., FOR THE REPAIR, MAINTENANCE, AND
REPLACEMENT OF A SIDEWALK AT 635 WOODLAWN
STREET; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater requires a sidewalk easement from Modern Estates,
Inc. 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 20-55.
Section 2. This resolution shall take effect immediately upon adoption.
S✓h
PASSED AND ADOPTED this /7 day of'7O✓.eMi._t ? , 2020.
Approve
as to form:
Laura Mahony
Senior Assistant City Attorney
rank Hibbard
Mayor
ti:// jez„oeip
Attest:
G /yuthru 0
Rosemarie Call
City Clerk
Resolution No. 20-55
EXHIBIT A TO RESOLUTION 20-55
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
ALX 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, Modem Estates, Inc., a Florida
Corporation, whose mailing address is 800 Mandalay Avenue #0901, Clearwater, Florida 33767 (*Grantor"),
does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose
mailing address is P.U. Sox 4748, Clearwater, Florida 33758-4748 ("Grantee', its licensees, agents,
successors and assigns a no elusive easement over, under, across and through the following described
land lying and being situate it 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 tenon the above-described prem and to maintain
thereon such sidewalk and to inspect and alter andlor replace same from time to time. Grantee shag be solely
retsponsthle for obtaining all governmental and regulatory permits required to exercise the rights granted
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 u ndertelcen in the exercise of these rights to at least the same quality of condition that
existed as of the date Grantee fest 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
ail work activities in a timely manner.
The General Public shall have fuN and free use of said sidewalk at any time and all times for traveling
purposes.
Grantor warrants and covenants with Grardete that Grantor is the owner of fee simple title to the herein
described Easement Premises, and that Grantor has fill right and lawful authority to grant and convey this
easement to Grantee and that Grantee shall have the non-exclusive, united purpose quiet and peaceful
possession, use and enjoyment of Ns easement It is expressly understood that Grantor reserves all rights of
ownership of the Easement Prendses 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 Fac iliiies constructed within the Easement Premises to facilitate hither development or
redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation
with and upon approval of Grandee. 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 Granter, the Grantee. their heirs, success= and assigns. ma
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 WHEREOF, the undersigned grantor has caused these presents to be duly executed
this s3 day of 0 c. L , 2020.
Signed, sealed and delivered
In the presence of:
Modem Estates, Inc.
a/,eXaMd,+ilk., fr. t5
Print witness name
STATE OF FLORIDA;
COUNTY OF PINELLAS
4r S
:ss
Before me, the undersigned authority, personally appeared ' h- , who executed
the foregoing instrument, and who acknowledged the execution thereof to j e his/her free act and degd
personally, for the use and purposes herein set forth, and who [ I is personally known to me, or who [
produce 0 4 u ,,s C S amiri6 i -,l -0 as identification.
otary Public - State
Scic�►\A; +R. Gaacl�i...'J
Type/Print Name
My commission expires:
did
SONIA R. GONCALVES
MY COMMISSION it 00164524
EXPIRES November 30. .2021
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT OF NO LIENS
ss
BEFORE ME, the undersigned authority, personally appeared
whom, being duly authorized does depose and say:
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".
IfRO_ent it will be deemed that "NONE" has been entered.)
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
entr d.)
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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this t S day of U C int 31. , 2020.
Signed, sealed and delivered
in the presence of:
iac
Witness signature
lG Cr�,�fr-fay te• "Ts L2nA4,r( S
Print witness name ,!
STATE OF PINELLAS
ss
Modern Estates, Inc.
111
rt Benja in
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared ' n, Ne-tAiulak, who executed
the foregoing instrument, and who acknowledged the execution thereof t dbe his/her free act and de
personally, for the use and purposes herein set forth, and who [ l is personally known to me, or who [ did
produce l) t;,c..ru. C -S ji' St ilt-0asidentification.
otary Public - ,,tate oforida
A. R. Gat3cv.zNJe_5
Type/Print Name
My commission expires:
SONIA R.GONCALVES
MY COMMISSION & 6164524
EXPIRES November 30, 2021
SECTION 21 , TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
SIDEWALK EASEMENT
LEGAL DESCRIPTION
A PORTION OF LOT 3, P.C. WELLS SUB., ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED
IN PLAT BOOK 21, PAGE 77, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF THE AFORIAENTIONED PLAT; THENCE RUN
S891915I ALONG THE SOUTH RIGHT OF WAY OF WOODLAWN STREET, A DISTANCE OF 34.74 FEET
TO THE POINT OF BEGINNING; THENCE RUN S891915wE, A DISTANCE OF 15.63 FEET; THENCE RUN
ALONG A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 37.56 FEET, SAID CURVE HAVING A
RADIUS OF 74.29 FEET, CHORD BEARING AND DISTANCE OF S74`50106.E, 37.17 FEET; THENCE RUN
S2939'02"W, A DISTANCE OF 1.00 FEET; THENCE RUN ALONG A CURVE TO THE LEFT HAVING AN
ARC LENGTH OF 52.16 FEET, SAID CURVE HAVING A RADIUS OF 110.36 FEET, CHORD BEARING AND
DISTANCE OF N811:12'45'W, 51.68 FEET TO THE EASTERLY EDGE OF AN EXISTING CONCRETE
DRIVEWAY; THENCE RUN NO030'45E, A DISTANCE OF 2.73 FEET TO THE POINT OF BEGINNING.
SIDEWALK EASEMENT CONTAINING 119.79 SQUARE FEET OR 0.0027 ACRES, MORE OR LESS
PREPARED FOR
PARIS TSANGARIS
ABMEVIATIONS
A = ARC LENGTH
ARC = BEARING
CHD = CHORD
CI. = CENTERLINE
COR = CORNER
ESM'T= EASEMENT
LS = LAND SURVEYOR
NO = NUMBER
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SQ = SQUARE
S/VI = SIDEWALK
SHEET 1 OF 2
CERTIFICATION: I HEREBY CERTIFY TO THE BEST OF MY KNOV&EOGE AND BELIEF THAT
11E LEGAL DESCRIPTION AND SKETCH %OWN HEREON SUBSTANTIALLY MEETS THE
STANDARDS OF PRACTICE FOR LAND SURVEYING DESCRIBED IN THE STATE OF FLORIDA
RULE FAC. FURTHERMORE, THIS CER1IFTCAI1ON SHALL NOT EXTEND TO ANY
OTHER PERSONS OR PARTIES OTHER THAN THOSE NAMED HEREON AND SHALL NOT BE
VALID NV BINDING AGAINST THE UNDERSIGNED SURVEYOR 1111HOUT THE ORIGINAL
RAISED SEAL AND SIGNATURE OF Tit FLORIDA LKINSED SURVEYOR AND MAPPER.
..g I/;2--
GEORGE--i
f7k:TAP II, FLOREIA REGIS D LAND SURVEYOR No. 2512 , i .•
JOB NUMBER: 190135C DATE SURVEYED: 9-21-2020
DRAWING FILE: 190135C.DWG DATE DRAWN: 10-8-2020
LAST REVISION: N/A X REFERENCE: 190135
M.A.
LB 1834
GEORGE A. SNIP II
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
mat PESOls9 Realifen, SWF P
PAM BARNA NORMA 216•82
Ph'ffi (727) 781-6198 J.41 (727) 788-1258
SECTION 21 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
UNE Li
S8919'15E — 34.74'
LINE L2
S8919)5nE — 15.63'
UNE 13
S29'39'02W — 1.00'
UNE L4
NO0'40'45NE — 2.73'
WOODLAWN STREET
53' R/W : (20' ASPHALT)
P.O.B.
L27
N.W. COR. OF
LOT 3
2
CURVE CI
RADIUS = 74.29'
ARC = 37.56'
CHORD = 37.17'
CHD. BRG. = S74.50'06E
CURVE C2
RADIUS = 110,36'
ARC = 52.16'
CHORD = 51.68'
CHD. BRG. = N81.02'45''W
PROPOSED
S/W ESM'T
C2
LOT 3
0 40
GRAPHIC SCALE
1 inch = 40 feet
SHEET 2 OF 2
CF.RIFICATION: I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT
Tlf LEGAL DESCRIPTION AND SKETCH SHOW HEREON SUBSTANTIALLY MEETS THE
STANDARDS OF PRACTICE FOR LAND WRONG DESOREED IN THE STATE OF FLORIDA
RULE 5J-17, FURTHERMORE. THIS CERTIFICATION SHALL NOT WEND TO ANY
OTHER PERSONS OR PARTES OTHER THAN THOSE NAMED HEREON AND SHALL NOT BE
VAUD AND BINDING AGAINST HE UNDERSIGNED SURVEYOR DOUT THE ORIGINAL
RAISED SEAL AND SIGNATURE OF H FLORIDA UCENSED SURVEYOR AND MAPPER.
JOB NUMBER: 190135C DATE SURVEYED: 9-21-2020
DRAWING FILE: 190135C.DWG DATE DRAWN: 10-8-2020
LAST REVISION: SEE SHEET 1 X REFERENCE: 190135
GEORGE A. 411;r4P'IL FLORIDA RE TER LAND SURVEYOR No. 2512
tr. "-
-
• "
M.A.
LB 1834
GEORGE A. SHIP If
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
MO/ &SOTO .80111,1§IR4 Sari n
PAW 1141?110.14 ROMA MN
PHONE (727) 784-5498 FAX (727) 786'-/258