21-23RESOLUTION NO. 21-23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM YASMINE
MOHAMED GALAL MEKAWY AND ASHRAF AHMED RAGAB,
FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT OF A
SIDEWALK AT 604 LIME AVENUE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, as a prerequisite to development of the subject property, the City of
Clearwater requires a sidewalk easement from Yasmine Mohamed Galal Mekawy and Ashraf
Ahmed Ragab for the repair, maintenance and replacement of a 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 21-23.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17thday of June , 2021.
Approvecj, as to form:
Laura Mahony
Assistant City Attorney
[A05-00152 /257680/11
Frank Hibbard
Mayor
Attest:
GIZcc G
Rosemarie Call
City Clerk
Resolution No. 21-23
EXHIBIT A TO RESOLUTION 21-23
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, YASMINE MOHAMED GALAL MEKAWY
and ASHRAF AHMED RAGAB, whose mailing address is 1988 Gulf to Bay Blvd., Clearwater, Fl 33765-3550
("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 Facilities 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 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 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.
[A05-00152 /257678/1)
IN WITNESS IfyIHEREOF, the undersigned grantor has caused these presents to be duly executed
this M day of , 2021
Signed, sealed and delivered
in the presence of: Grantor
Witness signa .' re
67ZeA
Print wit
Witn=ss sig' -ture
*tk... %AA(' /0
Print witness name
ASHRAF AH,MED GAB
Signed, sealed and delivered
in the presence of: Grantor
:;•r1./.
YASMIN ' sr ' MED GALAL MEKAWY
Witness signature
d ' -G1 '
Print witness
Print witness name
[A05-00152 /257678/1]
t1
a` t2,"! .
!I.\VI; tiOa3$13o1 I
�MINIft1tHIM
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT OF NO LIENS.
ss
BEFORE ME, the unders,igne�d authority, personally appeared e�-."`;
and)atS e/iv aw 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.)
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.)
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 /#4 day of Ai , 2021.
[A05-00152 /25767811]
STATE OF FLORIDA]
COUNTY OF PINELLAS]
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization, this /411i‘ ate) by � who is personally
known to me or who has produced � (type of identification) as identification.
WITNESS my hand and official seal this/444
day of
STATE OF FLORIDA]
COUNTY OF PINELLAS]
, 2021.
Notary Pubic
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization, this /I/A' (date) by "' 4 ''"/ , who is
personally known to me or who has produced (type of identification) as
identification.
WITNESS my hand and official seal this /m day of 14627 , 2021.
[A05-00152 1257678/1]
Signed, sealed and delivered
in the presence of:
Witness sig ature
Print ' s nam
Witness s nature
V \ r N ql jlPAS
Print witness name
Signed, sealed and delivered
in the presence of:
Witness sig ature
Print witness name.
Witness sig ture
LAVI
Print witness name
STATE OF FLORIDA]
COUNTY OF PINELLAS]
Grantor
ASHRAFAHMED RAGAB
r
MEKAWY
i`SMINE MOHAMED GALAL
The foregoing instrument was acknowledged before me by means of [5ihysical presence or 0 online
, who is
notarization, this /4414 04(date) ii?‘* -71
[A05-00152 /257678/11
personally known to me or who has produced �LGQ" (type of identification) as
identification.
WITNESS my hand and official seal this J(e flay of , 2021.
otary Pulic
STATE OF FLORIDA]
COUNTY OF PINELLAS]
The foregoing instrument was acknowledged before me by means of Vr1(hysical presence or 0 online
notarization, this /4r y' ate) by Y-— ��imr'v) , who is
personally known to me or who has produced - • ALdexee-- (type of identification) as
identification.
WITNESS my hand and official seal this /4414 day of
[A05-00152 /25767811]
Atret
, 2021.
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FXHTRTT A
SKETCH & DESCRIPTION
LEGAL DESCRIPTION:
THE EAST FOUR FEET OF THE UNNAMED TRACT OF R.T. MARKLEY, AS RECORDED IN PLAT BOOK 10,
PAGE 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 5, BLOCK 13 OF R.T. MARKLEY, AS RECORDED IN PLAT
BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S00°39'05"W
ALONG THE WEST RIGHT OF WAY OF LIME AVENUE, A DISTANCE OF 119.94 FEET; THENCE N89°15'55"W,
A DISTANCE OF 4.00 FEET; THENCE N0O°39'05"E, A DISTANCE OF 119.94 FEET; THENCE S89°17'03"E, A
DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 479.77 SQUARE FEET OR 0.011 ACRES.
• BEARINGS ARE BASED ON THE WEST RIGHT OF WAY
OF LIME AVENUE BEING SOUTH 00'39'05" WEST.
. THERE MAY BE ADDITIONAL EASEMENTS,
RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON
THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC
RECORDS OF THIS COUNTY.
• THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
• THIS IS NOT A BOUNDARY SURVEY.
PROPOSED SIDEWALK EASEMENT
'1SUNcOAS LAD SLEVEYNG, INC.
111 FOREST LAKES BOULEVARD
OLDSMAR, FLORIDA 34677
LB 4513 BOUNDARY. TOPOGRAPHIC - CONSTRUCTION STAKEOUT
PH: (813) 854-1342 51..SURVEYOTAMPABAY.RR.000
SKETCH & LEGAL
DESCRIPTION
PROJECT NO.
18019
DRAWING#
18019 SD
SCALE
1"=20'
DRAWN
KKM
SHEET 1 OF 2
0
NO.
DATE
DESCRI
10
BY
SURVEYOR'S C\
hereby certify that the SKETCH.i4N
hereon was prepared under my.ZtE
IKc1C
�IpN
Cc/1/,
:ten/ f>
`the0i
stir- �
date(s) shown, and meets the,,STANDAR OF IT1L\,et,
forth by the FLORIDA BOARD OF PROKESSIONAL SURVEYORS AND
MAPPERS In Chapter 5J-17, ELORIDA. ADMINISTRATIVE CODE ; '-
pursuant to Section 472.027,_FLO8IDA STATUTES. : ce
- A. w
- p . Q.
� /J1ir � tl • STATE OF MAO• Q.—
KYLE McCLUNG
LS 7177
`r • • FL0RIDA7'16�/
94 y
OSURVEY'
1 IHiII\
/
SKETCH & DESCRIPTION
LOT 5, BLOCK 13
S89' 17'03'E
4.00'
I
CONCRETE I I
DRIVEWAY
PROPOSED EASEMENT
N89'15'55 'W
4.00'
C}'
0)
ww
1
U,
w
z
0
LOT 8
SPOTTIS WOOD
PLAT BOOK 81, PAGE 57
SE CORNER LOT 5, BLOCK 13
R.T. MARKLEY
PLAT BOOK 10, PAGE 29
FIR 5/8"
FN&D "LB 760"
FN&D AKA 12
S0'39 '05 "W
1-119.94'
120' (P)
5' CONCRETE SIDEWALK
SKETCH & LEGAL
PROPOSED SIDEWALK EASEMENT DESCRIPTION
SCALE
PROJECT NO. 18019
DRAWING# 18019 SD
DRAWN 1KKM
St/COAST LAND SURVEY�VG, INC.
111 FOREST LAKES BOULEVARD
OLDSMAR, FLORIDA 34677
LB BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT
PH: (813) 854-1342 SLSUtVEYOTAIAPABAY.RR.000
RI
FCM 4"x4"
SHEET 2 OF 2
n
DnN.
z
L
X NO.
DATE
DESCRIPTION
BY /
LEGEND:
FCM FOUND CONCRETE MONUMENT
FN&D FOUND NAIL & DISK
FIR FOUND IRON ROD