JANE ELLINGFORD-LINARESCONTRACT FOR PURCHASE OF EASEMENT
BY THE CITY OF CLEARWATER, FLORIDA
PARTIES: JANE ELLINGFORD-LINARES, (aka Jane Ellingford-Harrington), whose
mailing address is 954 West Highway 37, Lakeland, Georgia 31635 (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: 1835 Overbrook Avenue, Clearwater, Florida 33755
Property Tax ID #: 03-29-15-88110-005-0230
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: $5,170
The City's payments are itemized as follows:
Drainage Easement: $3,410
Temporary Construction Easement: $1,760
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
of the State of Florida. If any provision of this Contract is held to be invalid, the Parties
2
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.
Jane Ellingford-Linares, Property Owner
Seller
Signature
[CITY SIGNATURES ON FOLLOWING PAGE]
APPROVED BY THEEITY OF CLETER
EFFECTIVE this A3 day of
Appr
CITY OF CLEARWATER, FLORIDA
as to form:
Jerrod
Senior
97pson
U J.sistant City Attorney
3
By:
Jenniferoirrier
City Manager
, 2026.
Attest:
Rosemarie Call
City Clerk
EXHIBIT "A"
Drainage Easement
4
PARCEL 804A
SKETCH OF DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 804A
ALL THAT LOT. PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING 1N SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15
EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA. BEING A PORTION OF LOT 24 IN BLOCK E OF "FIRST ADOITION
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 Comm, FLORIDA, THE 5461E 66166 MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS A5 FOLLOWS. V/2 :
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 24 1N BLOCK 6; THENCE S00°06'26 -E ALONG THE WEST LINE OF
5410 LOT 24 IN BLOCK E AND THE EAST RIGHT OF WAY LINE OF OVERBROOK AVENUE FOR 258.83 FEET TO THE POINT
OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING, THENCE
1189'5334"6 FOR 11.75 FEET; THENCE S20'28'11"E FOR 2.61 FEET TO A POINT OF INTERSECTION WITH THE 6E411 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 AIE41
HIGH WATER LINE FOR THE FOLLOWING COURSES: THENCE 527°1721W FOR 13.63 FEET; THENCE N88°25'4481 FOR 6.39
FEET TO A POINT OF INTERSECTION WITH SAID EAST RIGHT OF WAY LINE OF OVERBROOK AVENUE AND SAID WEST
LINE OF LOT 24 111 BLOCK 5; THENCE DEPARTING SAID MEAN HIGH WATER LINE, N00'06'26"W ALONG SAID EAST RIGHT
OF V/AY LINE OF OVERBROOK AVENUE AND SAID WEST LINE OF LOT 24 111 BLOCK 6 FOR 14,36 FEET ro THE POINT OF
BEGINNING.
CONTAINING 145 SQUARE FEET MORE OR LESS.
This document consists of three
(3) sheets and shalt not be
considered full, valid, and
complete unless each sheet it
attached to the ocher.
THIS IS NOT
A SURVEY
ATKINS
482 South Keller Rood
Orlando,Flarldo 32810-6101
Tel: 407/647-7275 Certificate (lo. L8 24
14`r,,_ Digitally signed
a•��. �r by Alvin
:•nm 4 y
Santiago Negron
Date:
2021.07.28
11:03:30-04'00'
Alvin Santiago P561
Professional Surveyor and Mapper
Florida Certificate 11o. 7160
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Date: 07(2112021
Scale- A'/A
Job No • 100762887
FO• n/h
Drawn By• �u
Ckd By•
Sheet 1 nr ;
5
PARCEL 804A
SKETCH OF DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT A
NOTES:
THE LEGAL DESCRIPTIO!! VMS GENERATED BASED ON THE FOLLOWING DATA:
1. THE RECORDED PLAT OF -FIRST ADDITION TO SUNSET P01NT7ACCORDING TO THE PLAT THEREOF. AS 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 BASED ON A CALCULATED REARING OF 50040626"E ALONG THE CENTERLINE OF
OVERBROOK AVENUE (OYERBROOK ROAD 8Y 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 x1.22
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 THAfI WHAT 15 CITED IN THE SOURCES OF DATA WERE FURNISHED. THE
CLIENT 15 HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS 011 THE SUBJECT PROPERTY THAT ARE NOT
SHOWN ON THE HAP OR CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND 111 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. TH15 "SKETCH OF DESCRIPTION -DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. NO FIELD SURVEY WORK WAS
PERFORMED IN CONNECTION WITH SAME.
LEGEND:
P08 = POINT OF BEGINNING
POC POINT OF COMMENCEMENT
O.R. - OFFICIAL RECORD BOOK
P.B. = PLAT BOOK
PG. - PAGE
(P) PER PLAT
NHW = MEAN HIGH WATER
ELEV R ELEVATION
This document consists of three
(3) sheets and shall net be
considered fu0, valid. and
compete unless each sheet Is
attached to the other.
THIS IS NOT
A SURVEY
ATKINS
482 South Keller Rom?
Drlondo, Florida 32810-G+01
Tet: 407/641-7275 Certificate No. LB 24
Lt/C
Date. 0712212071
Scale: WA
Job No ' 1008c2887
F 8 ' NIA
Drawn By: <r1
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Sheet 2 nr 3
6
PARCEL 804A
SKETCH OF DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT A
NORTHWEST CORNER
LOT 24
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THIS IS NOT
A SURVEY
ATKINS
482 South Keller Real
Orlando, Florldo 32810-6101
Tel: 407/647-7275 Certificate I/o. U3 24
This document consists of three
Pi sheets and shall not he
considered lull. valid, and
complete unless each sheet Is
atrached to the other.
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15
30
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Scale:
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EXHIBIT "B"
Temporary Construction Easement
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PARCEL 704A
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL 704A
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 24 IN BLOCK E OF "FIRST ADDITION
TO SUNSET POINT." ACCORDING TO THE PLAT THEREOF, AS RECORDED MARCH 19, 1923 111 PLAT BOOK 5 AT PAGE 95 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, THE SA,'4E BEING MORE PARTICULARLY DESCRIBED BY /METES
AND BOUNDS AS FOLLOWS, VIZ :
COMMENCE AT THE NORTHV1EST CORNER OF LOT 74 1N SAID BLOCK E; THENCE S00°06'26"E ALONG THE WEST LINE OF
SAID LOT 24 AND THE EAST RIGHT OF WAY LINE OF OVERBROOK AVENUE FOR 243.82 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING; THENCE It89'53'34"E
FOR 23.65 FEET TO A POINT OF INTERSECTION W1TH THE MEAN HIGH WATER LINE OF SPRING BRAIICH AS CITED 8Y
THE LETTER OF APPROVAL ISSUED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF
SURVEY AND 11APPING, DATED JULY 23, 2020; THENCE ALONG SAID MEAN 111tH WATER LINE FOR THE FOLLOWING
COURSES: RUN S03.08.30'11 FOR 11.31 FEET; THENCE 559°0827'VI FOR 17.05 FEET; THENCE DEPARTING SAID MEAN
HIGH WATER LINE. RUN 1120'28111hr FOR 2,61 FEET;
THENCE 589°53'341Y FOR 11.75 FEET TO A POINT ALONG THE AFORESAID HEST LINE OF LOT 24 AND THE EAST RIGHT
OF WAY LI11E OF OVERBROOK AVENUE; THENCE NO0°0676"V1 ALONG 5410 WEST LINE FOR 15.00 FEET TO TIfE POINT OF
BEGINNING.
CONTAINING 343 SQUARE FEET MORE 0R LESS
This document consists of three
(3) sheets and shall not be
considered fun, valid. and
complete untess each sheet Is
attached to the other.
THIS IS NOT
A SURVEY
O"AtkinsRealls
482 South Kclle Road. Suite 300
Orlando, FL, 32810
Tel. (407)647-7775
Certificate No. L8 24
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PARCEL 704A
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NOTES:
THE LEGAL DESCRIPTION WAS GENERATED BASED ON THE FOLLOWNIG DATA -
1. THE RECORDED PLAT OF "FIRST ADDITION TO SUNSET POINT", ACCORDING TO THE PLAT THEREOF. AS RECORDED
MARC/! 19. 1923 IN PLAT BOOK 5 AT PAGE 95 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA.
2. BEARINGS AS SHOWN HEREON ARE BASED ON A CALCULATED BEARING OF S00'06'26"E ALONG THE CENTERLINE OF
OVERBROOK AVENUE (OVERBROOK ROAD BY PLAT).
3. LETTER OF PROCEDURAL APPROVAL ISSUED JULY 23. 2020 8Y THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, BUREAU OF SURVEY AND MAPPING, ESTABLISHING THE MEAN HIGH-WATER LINE AT ELEVATION x•1.22
FEET BASED ON THE WORTH AMERICAN VERTICAL DATUM OF 1988.
4. DATA ACQUIRED FROM THE MEWS COUNTY PROPERTY APPRAISER'S OFFICE FOR THE 2024 TAX YEAR. (FOR
REFERENCE ONLY)
5. SINCE 110 OTHER INFORMATION OTHER THAN WHAT IS CITED 1N 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 071 THE MAP 011 CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND 17.1 THE PUBLIC RECORDS OF P!NELLAS
COUNTY, THE CITY OF CLEARWATER OR THE RECORDS OF ANY OTHER PUBLIC AND PRIVATE ENTITIES /S THEIR
JURISDICTIONS MAY APPEAR.
6. THIS "SKETCH OF DESCRIPTION" DOES NOT REPRESENT A HELD BOUNDARY SURVEY. 110 FIELD SURVEY WORK WAS
PERFORMED IN CONNECTION WITH SAME.
LEGEND:
POB = POINT OF BEG111d1116
POC = POINT OF COMMENCEMENT
0.R. = OFFICIAL RECORD BOOK
P.B. = PLAT BOOK
PG. = PAGE
(PI = PER PLAT
1411W = MEAN HIGH WATER
ELEV " ELEVATION
This document consists of (Wee
(3) streets and snarl not be
considered Wit, valid, and
complete unless each sheet Is
attached to the other.
THIS IS NOT
A SURVEY
O"AtkfnsRealis
482 South Kellet Road. Suite 300
(Maack), FL 32810
Tei. (407)547.7775
Certificate No. LO 24
Date. 03107/2025
Scale' I11A
Job No • IC00d2887
F B • MIA
Drawn By: C:d. VS
Ckd By: ,;S.IVC
Sheet 2 nI 3
10
PARCEL 704A
w SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
07 -MPR -2025 1
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LINES TABLE
Lina'
Olfaction
Distance
LI
/I 89' 53 34- E
23.65'
L2
5 03` 08' 30" W
11.31'
L3
5 59' 08' 27" W
12.05"
L4
N 20' 28• t r W
2.61'
1.5
5 89° 53 34- W
11.75'
16
N 00' 06' 26-W
15,00'
THIS IS NOT
A SURVEY
{Y'AtklnsRRalls
482 South Keller Road. Suite 300
Orlando, FL. 32810
Tel. (407)647-7275
Certificate No. 1.0 24
OVERBROOK AVENUE
50' MOUT OF v/AY •
This document consists of three
(3) sheets end shall not be
considered full, valid. and
complete unless each sheet is
attached to the other.
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Sheet 3 of 3
03107/2025
100062887
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