THOMAS WIMMERCONTRACT FOR PURCHASE OF EASEMENT
BY THE CITY OF CLEARWATER, FLORIDA
PARTIES: Thomas Wimmer, whose mailing address is 1844 Springtime Avenue,
Clearwater, Florida 33755-1850 (herein "Seller"), and City, THE CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida (herein "City"), whose post office
address is P.O. Box 4748, Clearwater, Florida 33768, (collectively "Parties") hereby agree
that the City shall be granted easements over the following described property ("Property")
subject to the terms and conditions of this Contract and any associated riders or addenda
("Contract").
1. PROPERTY DESCRIPTION:
The "Property" as herein defined shall be:
Street Address: 1844 Springtime Avenue, Clearwater, Florida 33755
Property Tax ID #: 03-29-15-88110-005-0190
Legal Description: See attached Exhibits "A" and Exhibits "B"
Seller is granting a permanent and perpetual Drainage Easement over a portion of
Seller's Property, which shall be further described in Exhibit "A", which is attached hereto
and made a part hereof (the "Drainage Easement").
Seller is also granting a Temporary Construction Easement over a portion of Seller's
Property, which shall be further described in Exhibit "B", which is attached hereto and made
a part hereof (the "Temporary Construction Easement") (together, the Drainage Easement
and the Temporary Access Easement may be referred to as the "Easement").
2. PURCHASE PRICE: TOTAL PRICE: $15,000
The City's payments are itemized as follows:
Drainage Easement: $10,930
Temporary Construction Easement: $ 4,070
The Parties agree that this payment represents the full and complete, just compensation
as required by law, and waive all associated claims by entering into this Contract.
3. MANNER OF PAYMENT: Wire in U.S. funds at time of Closing.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
a) Effective Date and Contract Times. This Contract shall be binding and effective only upon
the date of the City's signatures. All stated times herein shall be counted as Calendar days.
1
b) Expenses. City will pay any closing costs, including the recording of any instruments of
conveyance. The City shall pay for the drafting of any survey, legal and sketches or other
instruments as stated herein by this Contract, including all exhibits.
5. LEASES; OCCUPANCY; POSSESSION:
a) Seller warrants that there are no parties in possession or others that would obstruct or
impair the Easement interests that are the subject of this Agreement.
b) Seller is responsible for maintaining the Property in a substantially similar condition from
the Effective Date of this Contract through to the Closing Date.
c) Upon closing, the City will be responsible for maintaining the Easement. Specifically,
the City shall be fully responsible for the use, maintenance, repair, upkeep, and
cleanliness of the Drainage Easement. Further the City shall be fully responsible to, at
all time during the existence of the Temporary Construction Easement, to maintain,
repair, upkeep and keep clean the Temporary Construction Easement. The City will
further restore the Temporary Construction easement to its rightful condition, less any
ordinary wear and tear, prior to termination of the Temporary Construction Easement.
d) The City hereby warrants that it will make commercially reasonable efforts to complete
its construction project as quickly as possible in order to restore the Property and
adjacent property.
6. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
party to be notified at the address listed above.
7. ASSIGNABILITY; PERSONS BOUND
The City may not assign this Contract without written approval from Seller. This Contract
is binding upon City, Seller, and their heirs, personal representatives, successors, and
assigns (if assignment is permitted).
8. ATTORNEY FEES; COSTS; SPECIFIC PERFORMANCE AVAILABLE:
In any litigation arising out of this Contract, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
9. CHOICE OF LAW; SEVERABILITY; INTEGRATION:
This Contract shall be governed by, construed, and enforced in accordance with the laws
2
of the State of Florida. If any provision of this Contract is held to be invalid, the Parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they
had been executed by both Parties subsequent to the expungement of the invalid provision.
This Contract shall constitute the entire agreement between the Parties, and supersedes
any and all prior and contemporaneous written or oral promises, representations or
conditions. All prior negotiations, agreements, memoranda or other writings shall be
merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, signed by the Parties as an amendment to this Contract.
EXECUTED this day of , 2026 by Seller.
Thomas Wimmer, Owner
Seller
Signature
[CITY SIGNATURES ON FOLLOWING PAGE]
3
APPROVED BY THE CITY OF CL ARWATER
EFFECTIVE this A3 day of L �-i , 2026.
CITY OF CLEARWATER, FLORIDA
Appr• ' s to form:
Jerrod pson
Senior .sistant City Attorney
4
By:
Attest:
City Manager
Rosemarie CaII
City Clerk
EXHIBIT "A"
Drainage Easement
5
PARCEL 803A
SKETCH OF DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 8034
ALL THAT LOT. PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING 1N SECTION 3. TOWNSHIP 29 SOUTH, RANGE 15
EAST, CITY OF CLEARVNATER. PINELLAS COUNTY. FLORIDA. BEING A PORTION OF LOT 19 1N BLOCK E OF 'FIRST ADDITIon
TO SUNSET POINT,"ACCORDING TO THE PLAT THEREOF, AS RECORDED MARCH 19, 1923 IN PLAT BOOK 5 AT PAGE 95 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, VIZ :
COMMENCE AT THE NORTHEAST CORNER OF SAW LOT 19 IN BLOCK E; THENCE 500'0626"E ALONG THE EAST 1111E QF
SAW LOT 19 AND THE WEST RIGHT OF WAY LINE OF SPRINGTIME AVENUE FOR 197.69 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAUD; FROM SAID POINT OF BEGINNING, THENCE CONTINUE
500'06'26"E ALONG SAID EAST LINE OF LOT 19 AND THE WEST RIGHT OF WAY LINE OF SPRINGTIME AVENUE FOR 17112
FEET TO A POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF SPRING BRANCH AS CITED BY THE LETTER
OF APPROVAL ISSUED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY AND
MAPPING, DATED JULY 23, 2020; THENCE N88'39'06"W ALONG SAIO MEAN HIGH WATER LINE FOR 15.00 FEET; THENCE
DEPARTING SAID MEAN HIGH WATER LINE. NOG°06'261W FOR 17.44 FEET; THENCE /189'5334"E FOR 15.00 FEET TO A
POINT OF INTERSECTION WITH SAID WEST RIGHT OF WAY UNE OF SPRINGTIME AVENUE AND THE EAST LINE OF 5,410
LOT 19 AND THE PO/NT OF BEGINNING.
CONTAINING 264 SOUARE FEET MORE OR LESS.
tnis document consists of three
(3) sheets and shall not be
considered full, valid, and
complete unless each sheet is
attached to the other.
THIS IS NOT
A SURVEY
ATKINS
482 South Keller Rood
Ortando,Ftarldo 32810-610/
Te, :407/647-7275 Certificate I/o. L8 24
tl Digitally signed
by Alvin
Santiago Negron
Date:
2021.07.26 Date; 07/020021
10:49:30-04'00' Scale. NIA
Alvin Santiago PSM
Professional Surveyor and Mapper
Florida Certificate No. 7160
MOI 1/a1J4,VttMCV1 Int 57GYUDrtt Ail
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Job No 10G062887
F8 • NIA
Drawn By • CM
Ckd. By A5
Sheet 1 of 3
6
PARCEL 803A
SKETCH OF DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT A
NOTES:
THE LEGAL DESCRIPTION WAS GENERATED BASED ON THE FOLLOWING DATA:
1. THE RECORDED PLAT OF "FIRST ADDITION TO SUNSET POIII?,"ACCORDING TO THE PLAT THEREOF, A5 RECORDED
MARCH 19, 1923 IN PLAT BOOK 5 AT PAGE 95 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
2. BEARINGS AS SHOWN HEREON ARE 8ASED ON A CALCULATED SEARING OF 500'0620"E ALONG THE CENTERLINE OF
SPRINGTIME AVENUE (SPRING ROAD 8Y PLAT).
3. LETTER OF PROCEDURAL APPROVAL ISSUED JULY 23, 2020 8Y THE FLORIDA DEPARTMENT OF ENVIR01114ENTAL
PROTECTION. BUREAU OF SURVEY AND MAPPING, ESTABLISHING THE MEAN HIGH-WATER LINE AT ELEVATION +1.22
FEET BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988,
4. DATA ACQUIRED FROM THE PINELLAS COUNTY PROPERTY APPRAISER'S OFFICE FOR THE 2020 TAX YEAR: (FOR
REFERENCE ONLY)
5. SINCE NO OTHER INFORMATION OTHER THAN WHAT 15 CITED IN THE SOURCES OF DMA WERE FURNISHED, THE
CLIENT 15 HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS 011 THE SUBJECT PROPERTY THAT ARE NOT
SHOWN ON THE MAP OR CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PINELLAS
COUNTY, THE CITY OF CLEARWATER OR THE RECORDS OF ANY OTHER PUBLIC AND PRIVATE ENTITIES AS THEIR
JURISDICTIONS MAY APPEAR.
6. THIS "SKETCH OF DE5CR1PT10N"DOES NOT REPRESENT A HELP BOUNDARY SURVEY. 110 FIELD SURVEY WORK WAS
PERFORMED IN CONNECTION WITH SAME.
LEGEND:
P08 = POINT OF BEGINNING
POC = POINT OF COMMENCEMEIIT
O.R. = OFFICIAL RECORD 800K
P.B. = PLAT BOOK
PG. = PAGE
(P) = PER PLAT
MHW = MEAN HIGH WATER
ELEV = ELEVATION
mis document consIsts of three
(31 sheets and shall not be
considered full. valid, and
complete unless each sheet is
attached to the other.
THIS IS NOT
A SURVEY
ATKINS
462 South Killer Road
Orlando, Florldo 32810-6101
rel: 407/647-7275 Certificate No. LB 24
Date: 07/02/2021
Scale• WA
Job No - 11006288?
F.B.: nrA
Drawn By: CM
Ckd. Ey: As
Sheet 7 r7L1.
7
PARCEL 803A
SKETCH OF DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT A
THIS IS NOT
A SURVEY
ATKI NS
POC
NORTHEAST CORNER
LOT 19
:
0 15 30
LINES TABLE,
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482 South Keller Road
Orlando, Florida 32810-610/
Tel 407/647-7275 Certificate Yo- L6 24
This document consists of three
(3) sheets and shall not be
considered full vatic:. and
complete unless each stied is
Attached to the other.
Dat e: 07r02/2021
Scale- r.• -•to -
job No • 109,52807
F8-hfA
Drawn By: fttl
Ckd. By•
Sheet 3 of 3
8
EXHIBIT "B"
Temporary Construction Easement
9
PARCEL 703A
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL 703A
ALL THAT LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN SECTION 3, TOWNSHIP 29 SOUTH. RANGE 15
EAST, CITY OF CLEARWATER. PINELLAS COUNTY, FLORIDA, BEING A PORTION OF LOT 19 IN BLOCK E OF "FIRST ADDITION
TO SUNSET POINT," ACCORDING TO THE PLAT THEREOF, AS RECORDED MARCH 19. 1923 IN PLAT BOOK 5 AT PAGE 95 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, VIZ :
COMf4ENCE AT THE NORTHEAST CORNER OF SAID LOT 19 1N BLOCK E; THENCE S00'06'26"E ALONG THE WEST LINE OF
SAID LOT 19 AND THE WEST RIGHT OF WAY LINE OF SPRINGTIME AVENUE FOR 187.70 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING. THENCE CONTINUE
500'0626"E ALONG SAID EAST LINE OF LOT 19 AND SAID WEST RIGHT OF WAY LINE OF SPRINGTIME AVENUE FOR 27.80
FEET TO A POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF SPRING BRANCH AS CITED BY THE LETTER
OF APPROVAL ISSUED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY AND
MAPPING, DATED JULY 23, 2020; THENCE ALONG SAID MEAN HIGH WATER LINE FOR THE FOLLOWING COURSES: THENCE
588°39'06V FOR 15.00 FEET; THENCE S84°24'24"W FOR 22,76 FEET; THENCE DEPARTING SAID MEAN HIGH WATER LINE,
N00°06'26"W FOR 29.60 FEET; THENCE N89'53'34"E FOR 37.65 FEET TO A POINT OF INTERSECTION WITH SAID WEST
RIGHT OF WAY L1t/E OF SPRINGTIME AVENUE AND THE EAST LINE OF SAID LOT 19 AND THE POINT OF BEGINNING.
CONTAINING 1060 SOUARE FEET MORE 011 LESS.
This document consists of three
(3) sheets and shall not be
considered full. valid, and
complete unless each shoat is
attached to the other.
THIS IS NOT
A SURVEY
ATKINS
482 South Keller Rood
Monde, Florida 32810-6101
Te/ 407/647-7275 Cerflftcole Ho. L8 24
Digitally signed
by Alvin
Santiago Negron
Date:
2021.07.28
13:14:48-04'00'
Alvin Santiago PSM
Professional Surveyor and Mapper
Florida Certificate No. 7160
..y^t vA.:w *MOO dHY slcYupct ACC
?Ht CMfdxat 04118E0 $/. CF >r FtCAV4
c C NSt7 SYHIUO ft
Date: 07/07/2071
Scale: N/A
JOU No ' W0057887
F B • N/A
Drawn By. CM
Ckd. 8y: AS
Sheet 1 nI 7
10
PARCEL 703A
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NOTES:
THE LEGAL DESCRIPTION VMS GENERATED BASED ON THE FOLLOWING DATA:
1. THE RECORDED PLAT OF 'FIRST ADDITION TO SUNSET POINT:ACCORDING TO THE PLAT THEREOF, AS RECORDED
MARCH 19, 1973 IN PLAT 800K 5 AT PAGE 95 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
2. BEARINGS AS SHOWN HEREON ARE BASED ON A CALCULATED BEARING OF 500'0626"E ALONG THE CENTERLINE OF
SPRINGTIME AVENUE (SPRING ROAD BY PLAT).
3. LETTER OF PROCEDURAL APPROVAL ISSUED JULY 23, 2020 BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, BUREAU OF SURVEY AND MAPPING, ESTABLISHING THE MEAN HIGH-WATER LINE AT ELEVATION +1.22
FEET BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988.
4. DATA ACQUIRED FROM THE PINELLAS COUNTY PROPERTY APPRAISER'S OFFICE FOR THE 2020 TAX YEAR. (FOR
REFERENCE ONLY)
5. SINCE NO OTHER INFORMATION OTHER THAN WHAT 1S CITED IN THE SOURCES OF DATA WERE FURNISHED, THE
CLIENT I5 HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS ON THE SUBJECT PROPERTY THAT ARE NOT
SHOWN 011 THE MAP OR CONTAINED WITHIN THIS REPORT THAT I4AY 8E FOUND IN THE PUBLIC RECORDS OF PINELLAS
COUNTY, THE CITY OF CLEARWATER OR THE RECORDS OF ANY OTHER PUBLIC AND PRIVATE ENTITIES AS THEIR
JURISDICTIONS MAY APPEAR.
G. THIS -SKETCH OF DESCRIPTION'DOES NOT REPRESENT A FIELD BOUNDARY SURVEY, N0 FIELD SURVEY WORK WAS
PERFORMED IN CONNECTION WITH SAME.
LEGEND:
POB = POINT OF BEGINNING
POC P01NT OF COMMENCEMENT
O.R. = OFFICIAL RECORD BOOK
P.B. = PLAT BOOK
PG. = PAGE
(P) = PER PLAT
MHW = MEAN HIGH WATER
ELEV = ELEVATION
This document consists o1 three
(4 sheets and shalt not be
considered full, valid, and
complete unless each sheet is
attached to the other.
THIS IS NOT
A SURVEY
ATKINS
482 South Keller Road
Orlando, Florida 32810-6101
Te': 407/647-7275 Cerl!Mole llo. LB 24
Dale: 07/02/2021
Scale:- �/a
Job No ' 100752887
F B - re/n
Drawn By- 01
Ckd. Br As
Sheet 2 of 3
11
PARCEL 703A
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Airr'r-r
:,r 1
THIS IS NOT
A SURVEY
ATKINS
POC
NORTHEAST CORNER
LOT 19
Iu
trf
I 11 0
BLOCK E
"FIRST ADDITION
TO SUNSET SUNSET POINT' `Qt.
(P.8. 5, PG. 95)
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0
15
30
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462 South Keller Road
Orlando, Florida 32810-6101
rel: 407/647-7275 Certificate IN. LB 24
This document consists of three
131 sheets and shelf not be
considered full, valid, and
complete unless each sheet is
attached to the otner.
rq ;
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1i,
1 .1
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Date:
0710.7/2021
Scale:
Job No •
F8 •
Drawn By•
Ckd. 8y.
Sheet
1•30
1000,52881
cm
Ji! 3
12