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HLSSIII CLEARWATER LLCReturn to: Suzanne Kramer Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2022309307 10/21/2022 10:02 AM OFF REC BK: 22239 PG: 1219-1224 DocType:EASEMENT RECORDING: $52.50 D DOC STAMP: $0.70 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, HLSSIII CLEARWATER, LLC, A Florida Limited Liability Company, whose mailing address is 5668 Fishhawk Crossing Blvd, PMB 331, Lithia, FL 33547 ("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 altemate 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. 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. N WITNES WHER OF, the undersigned grantor has caused these presents to be duly executed this IV" day of, ( , 2022. Signed, sealed and delivered in the presence of: k 1 ness sig ur Print witness name Lifil4/1..04/ Witness /ature &ox4 Print witness me STATE OF FLORIDA COUNTY OF : ss Grantor: HLSSII CLEARWATER, LLC The foregoing instrument was acknowledged before a by means of ❑ physical presence or ❑ online nptariza ion, this day of ��`'t"`'' ' 2022, by�/I!<Yll'S S. L(�C�iQS'i of HLSSIII CLEARWATER, LLC, a Florida Limited Liability Company, on behalf of the company. He/she is personally known to me or Las produced r1-01.— -Ole as identification. Notary Public State of Florida i'' Echo Love ForHH 077082 eco 041 Expires 01I04/2025 Type/Print Name AFFIDAVIT OF NO LIENS STATE OF FLORIDA ,,,,,.. : ss COUNTY OF WIMIT1 18.1 : BEFORE ME, the undersigned authority, personally appeared James S. Lockheart, Mgr., 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 1�I THEREOF, the undersigned grantor has caused these presents to be duly executed this `\ dl's` day of -e' , 2022. STATE OF FLORIDA COUNTY OF : ss Grantor: HLSSIII CLEARWATER, LLC The foregoing instrument was ackpeledged before e b means of physical presence or El notarization, this t t� I day of e/ " 2022, by ;-i etSS.l..e0khar" of HLSSIII CLEARWATER, LLC, a Florida Limited Liability Company, on behalf of the company. He/she is personally known to me or has produced ' L- as identification. i Notary Public State of Floods Echo Love Fomabio My Commission HH 077082 p Expires 01/04/2025 ry Public tate Jorida Type/Print Name a l v Title DESCRIPTIVE SKETCH ONLY/SIDEWALK EASEMENT NOT A SURVEY EXHIBIT A LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE N O1° 03'04" E, ALONG THE CENTERLINE OF US HIGHWAY 19 NORTH, ALSO BEING THE WEST LINE OF SAID SECTION 17, 760.00 FEET; THENCE DEPARTING SAID LINE, S 88° 57' 02" E, ALONG THE SOUTH EASEMENT LINE OF SEVII.1 F BOULEVARD, 400,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 88° 57' 02" E, 244.36 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SEVILLE CONDOMINIUM 1 AS RECORDED IN CONDOMINIUM BOOK 5, PACE 1 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE OF SEVIt.1,? CONDOMINIUM 1, S 36° 29' 05" W, 18.00 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE OF SEVILLE CONDOMINIUM 1. N 88' 57' 06" W, 233.92 FEET; THENCE N OP 03' 04" 5, 14.67 FEET TO THE POINT OF BEGINNING. LINE BEARING DISTANCE 1.1 N Oi° 03' 04" 5 760.00' L2 S 88° 57' 02" E 400.00' 1,3 S 88° 57' 02" E 244.36' 1,4 S 36° 29' 05" W 18.00' L5 N 88° 57' 06" W' 233.92' L6 N Or 03' 04" 5 14.67' SECTION 17. TOWNSHIP 29 SOUTH. RANGE 16 EAST SHEET 1 OF 2 NOT VALID WITHOUT SHEET 2 OF 2 PINELLAS COUNTY. FLORIDA EVANS LAND SURVEYING, INC. SURVEYOR'S NOTES: 1.) THIS IS NOT A BOUNDARY SURVEY. THIS ISA DESCRIPTIVE SKETCH ONLY. 2.) BEARINGS REFERENCED TO THE WEST LINE OF SECTION 17 AS BEIM N or 03' 04" E. 3.) THIS SKETCH NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL SEAL OFA FLORIDA LICENSED SURVEYOR AND NAPPER. 1460 BELTREES STREET UNIT 9 DUNEDIN, FL. 34698 (7271734-3821 TYPE DATE INV. NO. DESCRIPTIVE SKETCH 7/18/2022 2022-181 REVISED SKETCH 8/30/2022 2022-211 I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTERS 61—G17-6 OF THE FLORIDA ADMNISTRATWE CODE f 6-31-ti©LZ LAR ANS JOHN C. BINDER FL. R G. 1, 2937 FL. REG. NO. 4888 DRAWN BY• JCB CAD FILE: SEVILLE— SIDEWALK DESCRIPTIVE SKETCH ONLY/SIDEWALK EASEMENT NOT A SURVEY L2 R 0 xt. 1*/ EXHIBIT A SEVILLE BOULEVARD TOO' RIGHT OF WAY WIDTH SOUTH EASEMENT LINE OF SEVILLE BLVD..) L3 P.O.C. S. W. CORNER OF 17-29-10 SECTION 11, TOWNSHIP 29 SOUTH, RANGE 16 EAST PINELLAS COUNTY, FLORIDA 10'• CONCRET:E 1-r. • LK • - „ —WALK d 3. • '1,4."-•."‘ ,AtIADIW trNAri • HLSSIII CLEARWATER LLC PARCEL # 17-29-16-00000-320-0200 ,e0•_CONCRETE WALK " • "' WAIX ENCROACHES 0.5' NAM' ENCROACHES' 0.4' $ / C.J /Q' LEGEND P. 0. C. POINT OF COMMENCEMENT P. 0. B. = POINT OF 13ECINNING W CO FOI CO -d- oK.) U.1 - CO Le 0 Z -SIDEWALK CAD FILE: SEVIL DRAWN BY: JCB