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21-35RESOLUTION NO. 21-35 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A SIDEWALK EASEMENT FROM SARAH L. WILLIAMSON, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY SIDEWALK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires a sidewalk easement from SARAH L. WILLIAMSON for the construction, installation, and maintenance 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 21-35. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2nd day of December , 2021. Approved as to form: Laura Mahony Senior Assistant City Attorney [A05-00152 /234722/1] Frank Hibbard Mayor Attest: 7v1A/A9z-0/ iVL Rosemarie Call City Clerk Resolution No. 21-35 Return to: Jim Benwell 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, Sarah L. Williamson, a single woman, whose mailing address is 11959 Old Tuscany Place, New Port Richey, FL 34654-2051 ("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 ("Grantee"), its licensees, agents, successors and assigns a non-exclusive perpetual 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 granted for the installation, maintenance, repair and replacement of a public sidewalk. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install and maintain therein the herein referenced sidewalk and to inspect and alter and/or replace 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 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 alternate 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. [A05-00152 /276869/1] 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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this / day of [7c , 2021. Signed, sealed and delivered in the presence of: Grantor Print Ail ness name Witness signatdirb rev V C c,q. 5 5 14t ,e/ Print witness name STATE OF FLORIDA Anella_S COUNTY OF : ss By: etntLe &,(J2 Sarah L. Williamson The foregoing instrument was acknowledged before me by means ofl physical presence or 0 online notarization, this day of' , 0Ct, by Sarah L. Williamson. Notary Public - S,te of FI;''d Type/Print Name Personally Known OR Produced Identification Type of Identification Produced Ft Dr L c l's, se [A05-00152 /276869/1] t�vru MYRAJAMES Commission # HH 080308 "`• t Expires March 28, 2025 -frOFFON- Boded iNYMONotary Union AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF BEFORE ME, the undersigned authority, personally appeared Sarah L. Williamson, 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.) r 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. [A05-00152 /276869/1] IN WITNESS WHEEOF, the undersigned grantor has caused these presents to be duly executed this day of 0 c , 2021. Print wi ness name 6,7 Witness signat 'e Print witness name STATE OF FLORIDA COUNTY OF P►11f I f aS : ss Grantor By: 5-Q (.C.2�..S2S) Sarah L. Williamson The foregoing instrument was acknowledged before me by means of 9hysical ST presence or 0 online notarization, this day of UCS 1 , by Sarah L. Williamson. Oct 1, aoa. Notary Public - State of Flor,i4a Type/Print Name Personally Known OR Produced IdentificationType of Identification Produced a Dr Li C -ens [A05-00152 /276869/1] o�►�;F6� MYRAJAMES .� * Commission # HH 080308 Expires March 28, 2025 4'oFF1.0 BookdThruWONogg &niw: C - MOM OMNI This is not a survey RUSSELL ST. GO' RAY N,TD& Fairmont Subdivision " Block J ui Z 1-_--E------,-- Plat Book 9, Page 85 Q a El tl ( Lot 1 Lot 2 Lot 3 2 1157 Russell St. z +./ //77/A South 7' - TANGERINE ST. 25* RAN Legal Descrivtion IMO 11 .1111 A 7' Sidewalk Easement described as follows: The South 7' of Lot 1, Block J, "Fairmont Subdivision", as recorded in Plat Book 9, Page 85 of the Public Records of Pinellas County, FL. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY Kieffer Nyland CHECKED BY Tom Mahony Exhibit "A" 1157 Russell St. 7' Sidewalk Easement OM t. LgI_2021-09.1 SECT-TWNSP-RNG DATE DRAWN SHEET 1 OF 1 10 - 29 - 15 09/23/2021