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21-36RESOLUTION NO. 21-36 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING THE ASSIGNMENT OF A DRAINAGE EASEMENT FROM PINELLAS COUNTY, FLORIDA, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY DRAINAGE FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has requested the assignment of a drainage easement from PINELLAS COUNTY, FLORIDA for the construction, installation, and maintenance of drainage facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said transfer 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 Assignment of Drainage Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 21-36. Ap Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2nd day of December , 2021. f4 si ved - s to for Matthew J. Myty , Esq. Assistant City Attorney Frank Hibbard Mayor Attest: L4-Ltti �aact_C. Rosemarie Call City Clerk Resolution No. 21-36 Prepared by and return to: Pinellas County Administrative Services Facilities and Real Property Division Attn: Rebecca Lishefski 509 East Avenue South Clearwater, FL 33756 ASSIGNMENT OF DRAINAGE EASEMENT THIS ASSIGNMENT OF A DRAINAGE EASEMENT is entered into this _grid day of 'Dc e r , 2021 ("Effective Date"), by and between PINELLAS COUNTY, a political subdivision of the State of Florida, through its Department of Administrative Services, Facilities and Real Property Division, whose address is 509 East Avenue South, Clearwater, Florida 33756, hereinafter referred to as "COUNTY," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 100 S. Myrtle Avenue, Florida, 33756, hereinafter referred to as "CITY" (collectively the "Parties"). WHEREAS, a Drainage Easement was entered into on June 19, 1967, by and between ROY M. SPEER, and COUNTY that did grant and convey unto COUNTY, a perpetual Drainage Easement, subsequently recorded in Official Records Book 2780, Page 68, the nature and description of which is further described in Exhibit "A", attached hereto and incorporated herein (the "Easement"); and WHEREAS, the COUNTY received a written request from the CITY to transfer the Easement; and WHEREAS, the COUNTY desires to grant and transfer the Easement to the CITY and the CITY desires to accept said Easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the COUNTY as of the Effective Date, does hereby grant and transfer, and CITY hereby accepts, the Easement. 1. The above recitals are true and correct and incorporated herein. 2. COUNTY does hereby grant and transfer the Easement to CITY. 3. CITY hereby accepts the Easement transfer. Page 1 of 4 4. This transfer shall divest COUNTY of all legal rights, responsibilities, and obligations associated with its ownership interest of the Easement. 5. CITY shall assume all legal rights, responsibilities, and obligations associated with its ownership interest of the Easement. IN WITNESS WHEREOF, the Parties have set their respective hand effective on the dates shown below: SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSES: Print Name: TO C j S L utb w- a -- Print Name: 6..,/e1/4/44 VJY' COUNTY: PINELLAS COUNTY, FLORIDA a political subdivision • f the State of Florida By: Jose auro, Director, Administrative S'r�s Date: ////b 7St-10/ APPROVED AS TO FORM By: Anne M. Morris Office of the Canty Attorney Page 2 of 4 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSES AS TO BOTH MAYOR AND CITY MANAGER'S SIGNATURES: 1)i-41,4 Utfrkl-X/1549,J Print Name: l arl'a rra�l.MI1 t11 a Print Name: SC -40\ REVIEWED AND APPR • VED: Print Name: Matthew J. Mytych, Esq. Assistant City Attorney CITY: CITY OF CLEARWATER, FLORIDA a municipal corporation of the State of Florida By: scaoeP.e) Date: By: rank V. Hibbard Mayor 1-0 i:1) Jon Jennings City Manager Date: 1213 (za z I • ATTEST: Print Name: Rosemarie Call City Clerk Page 3 of 4 (SEAL) y 3 D • . 68016596 EXHIBIT "A" DRAINAGE EASEMENT T73,1DE NTURE, Made this /7"x47 day of BETWEEN Roy M. Speer, as Trustee 3110-A 1st Avenue North, St. Petersburg first part,) and PINELLAS COUNTY, a political subdivision of the Stiielof Florida, party of the second part, WITNESSETH, t t the said party of the first part, for and in consideration-ofthe sum of One Dollar and other good and valuable considerations to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does,Jhereby grant and release unto the said party of the sem nd part, a perpetual easement and right of way lying and-being,in\the County of Pinellas, and State of Florida, more particularly described as follows: South 30 feet o'f\the North 210 feet of the East 3118,feetM O.L. of the West 3218 feet M.O.L. of.theSouth one-half of the South one-half of Section.20, Township 29 South, Range 16 East O.R. 2780 PAGE 68 ,A.D. 19 L 7, IN WITNESS WHEREOF, the said party1of the first part has hereunto set his hand andseal the/ day and year above written. Signed, sealed and delivered in ftie presence of: STATE OF FLORIDA ) COUNTY OF PINELLAS ) v .F2 I HEREBY CERTIFY, That on this day personall -appeared before me, an officer duly authorized to administer oaths and take acknowledgements, $.55 ROY M. SPEER to me well known to be the person described in and-wh/executed the foregoing instrument and he acknowledged before,me that he executed the same freely and voluntarily for.tlie\purposes therein expressed. WITNESS my hand and official seal A.D. 19 6 7 ce3 ,.. -a W zco Ct. v aIAIElo I-LUkIUA CJ.^.iri•.ENTTAr,"' }STAMP TAX 13 FE8zM f 'sem .� �; •;/ iO3O 'Erser.cux.c.. p-. __ this / fr day of // Nota rf► Public My Commission Expires—, Notary Public Stoll o1 Ao114Gdf 10(x, . • My commissionComm,, &mire* mar -a17, ign