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MODERN ESTATES INCKEN BURKE, CLERK OF COURT COUNTY, FL AND COMPTROLLER PINELLAS 3 INST# 2020363221 12/03/2020 M OFF REC BK: 21282 PG: 361464 DocType:EASEMENT RECORDING: $35.50 D DOC STAMP: $0.70 Return to: Rob Brzak Engineering Department City of Clearwater P. O. 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, Modern Estates, Inc., a Florida Corporation, whose mailing address is 800 Mandalay Avenue #C901, Clearwater, Florida 33767 ("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-exdusive 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 fast 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 MN 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 Fadiities 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 Fealties 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. IN IVITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this - 1" day of 0 c \-01;1.0-k- , 2020. Signed, sealed and delivered in the presence of: Print witness name Witness signature a l ex A n dp-ick.. K -Mari r i S Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS Modern Estates, Inc. aAfy min Before me, the undersigned authority, personally appeared �(be �''td , who executed the foregoing instrument, and who acknowledged the execution thereof to=her his/her free act and de9d personally, for the use and purposes herein set forth, and who [ J is personally known to me, or who [ vrdid produce pv u.u4-nst_ G 6a4-19 Cs Wm -O as identification. %__s otary Public - State S©r-\,OR 0. S Type/Print Name My commission expires: =0"4kt, SONIA R. GONCALVES MY COMMISSION # GG164524 cf, EXPIRES November 30, 2021 F, 'I 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 AFORMENTIONED PLAT; THENCE RUN S8919'15"E ALONG THE SOUTH RIGHT OF WAY OF WOODLAWN STREET, A DISTANCE OF 34.74 FEET TO THE POINT OF BEGINNING; THENCE RUN S89'19'15"E, 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 S74'50'O6"E, 37.17 FEET; THENCE RUN S29'39'02"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 N81'02'451, 51.68 FEET TO THE EASTERLY EDGE OF AN EXISTING CONCRETE DRIVEWAY; THENCE RUN NO0'40'45"E, 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 ABBREVIATIONS A = ARC LENGTH BRG = BEARING CHD = CHORD CL = 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/W = SIDEWALK SHEET 1 OF 2 CERTIFICATION: I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON SUBSTANTIALLY MEETS THE STANDARDS OF PRACTICE FOR LAND SURVEYING DESCRIBED IN THE STATE OF FLORIDA RULE 5J-17, F.A.C. FURTHERMORE, THIS CERTIFICATION SHALL NOT EXTEND TO ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE NAMED HEREON AND SHALL NOT BE VALID AND BINDING AGAINST THE UNDERSIGNED SURVEYOR WITHOUT THE ORIGINAL RAISED SEAL AND SIGNATURE OF 1HE FLORIDA LICENSED SURVEYOR AND MAPPER. GEORGE A. HIMP II, FLORIDA REGISTER D LAND SURVEYOR No. 2512 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. SHIMP H AND ASSOCIATES, INCORPORATED LAND SURVEYORS LAND PLANNERS 3301 PeSOTO BOIILI P,, SHITE D PAL, HARBOR, FLORIN 34883 PHONE (727) 784--5498 F.if' (727) 786--1258 i, SECTION 21 , TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY UNE L1 S89'19'15"E — 34.74' UNE L2 S8919'15'E — 15.63' UNE L3 S29'39'02"W — 1.00' UNE L4 N00'40'45'E — 2.73' WOODLAWN STREET 53' R/W : (20' ASPHALT) P.O.B. L2 PROPOSED C1. S/W ESM'T P.O.C. N.W. COR. OF LOT 3 2 CURVE Cl RADIUS = 74.29' ARC = 37.56' CHORD = 37.17' CHD. BRG. = S74'50'06"E CURVE C2 RADIUS = 110.36' ARC = 52.16' CHORD = 51.68' CHD. BRG. = N81'02'45"W C2 LOQ T 0 40 GRAPHIC SCALE 1 inch = 40 feet SHEET 2 OF 2 CERTIFICATION: I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BEUEF THAT THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON SUBSTANTIALLY MEETS THE STANDARDS OF PRACTICE FOR LAND SURVEYING DESCRIBED IN THE STATE OF FLORIDA RULE 5J-17, F.A.C. FURTHERMORE, THIS CERTIFICATION SHALL NOT EXTEND TO ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE NAMED HEREON AND SHALL NOT BE VALID AND BINDING AGAINST THE UNDERSIGNED SURVEYOR WITHOUT THE ORIGINAL RAISED SEAL AND SIGNATURE OF THE FLORIDA UCENSED SURVEYOR AND MAPPER. / �- -d l. 7' GEORGE A. HIMP II, FLORIDA REGISTER D LAND SURVEYOR No. 2512 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 M.A. LB 1834 GEORGE A. SHIMP II AND ASSOCIATES, INCORPORATED LAND SURVEYORS LAND PLANNERS 3301 PeSOTO BOPLEFIRP, P PAIN IL4RBOR, fORIPA 34683 PHONE (727) 784--5496 w' (727) 786-1256