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ROBERT SMITHKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023115535 05/03/2023 12:43 PM OFF REC BK: 22428 PG: 405-410 DocType:EASEMENT RECORDING: $52.50 D DOC STAMP: $0.70 Return to: Robert Kasmer Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 SIDE -WALK EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($11 e :fp hand pai he receipt of w ich is hereb acknowledged, and the be tfits tpp..b� derived ther= o , , . o6,t% ,Aa Florida S/ 0d0// hose mailing address is / ,Z r4 S r.. ,:.' ,roes hereby grant and convey to the City of Clearwater, Florida, a Florida Munici al Corporation, whose mailing address is 600 Cleveland St, 6"' Floor, Clearwater, Florida 33756 ("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") The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein the herein referenced utilities, together with appurtenances thereto (collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all govemmental 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. 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 utility facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities within the altemate 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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this j tot ' day of feh,ruCi—r J , 2 *9 ao a3 Signed, sealed and delivered in the presence of: itness signature Print witness name Witness signature /•wi , Gid ILa/r 01 Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS Grantor Before me, the undersigned authority, personally appeared Rp L 4- in ► d4n , who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [sfl is personally known to me, or who [ ] did produce as identification. No ary Public - State of I a Di,nro)._ 6 Type/Print Name My commission expires: 3 l WM 5 AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared 6id-ilt/%�/�� 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 fumished 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 govemment, and there are no unpaid assessments against the above described property for improvements thereto by any govemment, whether or not said assessments appear of record. 5. That there are no outstanding sewer service charges or assessments payable to any govemment. 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. Received FEB 17 2023 City of Clearwater £'n tneerinDe'artment Signed, sealed and delivered in the presence of: Grant I ,_,kc,._,,,,LJI k p cus fitness signature ..1n . I.S �- /-) fv c( S Print witness name Witness signature rioAa/Aa d ufukr, Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared executed the foregoing instrument, and who acknowledged the execution deed personally, for the use and purposes herein set forth, and who [y is ] did produce as identification. 49L*9--- Notary Public - State of Florida Type/Print Name J PD -I- Smith , who thereof to be his/her free act and personally known to me, or who [ My commission expires: 3�yb5 DONNANAGEL I,IY COMMISSION Y NH 092522 SIRES: March 4, 2025 'Nu NotaryPublic Under/mhos POINT OF BEGINNING Northwest Corner of Lot 8 of Terra -Alto Estates Plat Book 45, Page 5 0 4.1 H CD Right -of -Way Varies This is not a survey 1 Otten Street 60' RAN South Right -of -Way Line ammo mom. 1453 Otten Street Lot 217 Terra -Alto Estates Plat Book 45, Page 5 LINE TABLE Line # Bearing Distance L1 S89°26'15"E 4.00' L2 S 45° 12' 53" W 5.62' L3 N 00° 07' 59" W 4.00' Legal Description A Sidewalk Easement described as follows: N, T. S. Commence at the Northwest corner of Lot 8, of the plat "Terra -Alto Estates" recorded in Plat Book 45, Page 5 of the Public Records of Pinellas County, FL for a Point of Beginning; thence S 89° 26' 15" E, along the South right-of-way line of Otten Street, a distance of 4.00'; thence S 45° 12' 53" W, a distance of 5.62' to a point on the. East right-of-way line of Weston Drive; thence N 00° 07' 59" W, along said East right-of-way line of Weston Drive, a distance of 4.00' to the Point of Beginning. Containing 8 Square Feet, more or less. C CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING DRAWN BY Lee Cheek CHECKED BY Tom Mahony 1453 Otten Street Sidewalk Easement DWG. NO. Lg1_2023-03 SHEET 1 OF 1 SECT-TWNSP-RNG 2 - 29S - 15E DATE DRAWN 2121/2023 J OTTEN STREET (601FM) ti j 2' TYPE F.CURB 1 SEE DETAIL 515D FOR DRIVE APRON. NEW WATT V ON 314 TIE INTO CITY 6".P' IN R[ SIDEWALK _ p$ ENCROACHNIEN'E rL. GARAGE PORCH Fir 0;0' ROVIDB AND INSTALL (4) I SHADE TREES 2" DIA I 8'-O" HEIGHT '1 NEW SINGLE F,AMILY'RESIDENCE FF ELEV. = 31.30' f >mK e .y. R •; EXIS ioW "O REE DET f?f4+rQ, lhRC ore 1-sF NOTE: `b NO EXIST SIDEWALK SIR. oas 0,2 v W4" SAN SEWER LINE WI C.0. ;.... TIE.INTO riY E, SEM' �vioso- ti t1.1 0 c nciaai;,dA!I P .cia'77I/M1 .N $9°22':ii!' W 80.22'.(M) RI'•89°26'1-:5" t ' 80.0_(P) .SETE DEVELOPMENT PLAN .) SCAL E:1- =16' 1ATF1T PC• Flit 31B' NO•CAF , oirlirg itlpreire..cf pi s