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DEBBIE MARCH-HARDING
CONTRACT FOR PURCHASE OF EASEMENT BY THE CITY OF CLEARWATER, FLORIDA PARTIES: DEBBIE MARSH-HARDING, (aka Debbie G. Marsh), whose mailing address is 1156 Brook Road, Clearwater, Florida 33755 (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: 1156 Brook Road, Clearwater, Florida 33755 Property Tax ID #: 03-29-15-88110-006-0340 Legal Description: See attached Exhibits "A" and "B" Personal Property to be included: None/ N/A 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: $17,820 The City's payments are itemized as follows: Drainage Easement: $ 4,290 Temporary Construction Easement: $13,530 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. b) Expenses. City will pay any closing costs, including the recording of any instruments of 1 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, Tess any ordinary wear and tear, prior to termination of the Temporary Construction Easement. d) The City shall make reasonable efforts to reduce interference or disruption during construction and shall notify the Seller of any significant change in construction timelines. e) The City shall not inhibit the Seller's reasonable access to the Property. In doing so, the City shall leave a reasonable path for the traversing of vehicles and pedestrians along the drive aisles located at the Property. f) 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. DISCLOSURES; PROPERTY CONDITION; INSPECTIONS: No Seller Warranties. Seller makes no warranties as to the condition of the Property or any assumed fixtures or as to the fitness for the City's use. City assumes the Property and all Fixtures in its condition as -is at the time of entering into this Contract. 7. 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. 8. 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). 2 9. 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. 10. 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 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. Debbie Marsh -Harding Seller / Property Owner Signature [CITY SIGNATURES ON FOLLOWING PAGE] 3 APPROVED BY THE CITY OF CL RWATER EFFECTIVE this A3(( day of kr App , 2026. CITY OF CLEARWATER, FLORIDA d as to form: Jerrod Senior fwsistant City Attorney pson 4 By: Attest: JenniPoirier City Manager Rosemarie CaII City Clerk EXHIBIT "A" Drainage Easement 5 PARCEL 804B SKETCH OF DESCRIPTION DRAINAGE EASEMENT EXHIBIT A LEGAL DESCRIPTION PARCEL 8048 ALL THAT LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN SECTION 3. TOWNSHIP 29 SOUTH, RANGE 15 EAST. CITY OF CLEARWATER, PIIIELLAS COUNTY, FLORIDA, BEING A PORTION OF LOT 34 IN BLOCK F OF 'FIRST ADDITION TO SUNSET POINT," ACCORDING TO THE PLAT THEREOF, AS RECORDED MARCH 19, 1923 I1 PLAT BOOK 5 .47 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 NORTHWEST CORNER OF LOT 24 1/I BLOCK E; THENCE 500'06'26"E ALONG THE W557 LINES OF SAID LOT 24 IN BLOCK F,THE SPRING BRANCH CROSSING Af(D THE EAST RIGHT OF WAY LINE OF OVERBROOK AVENUE FOR 312.69 FEET TO A POINT OF INTERSECTION WITH THE MEAN 111G11 WATER LINE OF SPRING BRANCH AS CITED BY THE LETTER OF APPROVAL ISSUED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY Afro MAPPING, DATED JULr 23, 2020. THIS BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LVID; FROM SAID POINT OF BEGINNING. THENCE 1164'32'25"E ALONG SAW MEAN HIGH WATER LINE FOR 29.87 FEET: THENCE DEPARTING 5A10 MEAI1 HIGH WATER LINE, 52O"78'11"E FOR 25.84 FEET; THENCE 589'53341V FOR 35.98 FEET TO A P01117 OF INTERSECTION W1711 SAID EAST RIGHT OF WAY LIRE GF OVERBROOK AVENUE All() THE WEST LINE OF SAID LOT 34 If? BLOCK F: THENCE 1100'06'267Y ALONG SAID EMT RIGHT OF WAY LINE OF OVERBROOK AVENUE AND SAID WEST LINE OF LOT 34 IN BLOCK F FOR 11.44 FEET TO THE POINT OF 8EG18111146. CONTAINING 590 SQUARE FEET MORE OR LESS. TN: document cormh,ts of twee 131 sheets and shill not be can:ideted NIL valid, and complete unless each sheet is att.ched to the ether, THIS IS NOT A SURVEY ATKINS 482 5:4111t Ka1er Road Orlando, Florida 32847-641 Tod: W7/647-7275 Cerllflcnfe No. LB 24 DEgitally signed by Alvin Santiago Negron Date: 2021.07.28 1239:41-04'00' Alvin Santiago P511 Professional Surveyor and Mapper Florida Certificate No, 7160 Arr VAN, AV .010 n.t 14/.4-o A.P iNf (01:71k41, A9 r a-.. re ,4 rcaU .4 r,.tPsto out av 4,e•r, Date, O7IQIr7©II Scale: x14 Job 1(0.' 10,.1167857 F B ' xrc Drawn 8y: cit CLd. By' 't5 Sheet nt 3 6 PARCEL 8048 SKETCH OF DESCRIPTION DRAINAGE EASEMENT EXHIBIT A NOTES: THE LEGAL DESCRIPTION WAS GENERATED RASED ON THE FOLLOWING DATA: 1. THE RECORDED PLAT OF "FIRST ADDITION ro SUNSEr POINT,'ACCORDING TO THE PLAT THEREOF, AS RECORDED MARCH 19, 1923 IN PLAT BOOK 5 A PAGE 95 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 2. BEARINGS AS SHOWN HEREON ARE BASEP 011 A CALCULATED BEARING OF $00'0626"E ALONG THE CENTERLINE OF OVERBROOK AVENIUE(OVERBROOK ROAD BY PLAT). 3. LETTER QF PROCEDURAL APPROVAL ISSUED JULY 23, 2020 BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY AND MAPPING, ESTABLISHING THE r1EAN HIGH-WATER LINE AT ELEVATION +1.22 FEET BASE° ON THE 11URT)1 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. SITICE NO OTHER INFORMATION OTHER THAN WHAT IS CIr5o IN THE SOURCES OF OATA WERE FURNISHED. THE CLIENT 15 HEREBY ADVISED THAT THERE MA'( 8E LEGAL RESTRICT/ONS ON THE SUBJECT PROPERTY THAT ARE NOT SHOWN 011 THE MAP OR CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND 11) THE PUBLIC RECORDS OF PINELLAS COUNTY. THE CITY OF CLEARWATER OR THE RECORDS OF ANY OTHER PUBLIC AND PRIVATE ENTITIES AS THEIR JURISDICTIONS r4AY APPEAR. 6. THIS "SKETCH OF DESCRIPTl01f'DOES NOT REPRESENT A FIELD BOUNDARY SURVEY, 110 F1EL,D SURVEY WORK WAS PERFORMED 111 CONNECTION WITH SAI4E, LEGEND: POB POINT OF BEGIA'NIHG PDC = POINT OF COMMENCEMENT O.R. OFFICIAL RECORD BOOK P.8. — PLAT BOOK PG. ar PAGE (P) ra PER PLAT Ift1W = MEAN HIGH WATER ELEV = ELEVATION ibis document consist: of three 131 shots end shall not be considered lied, valid, and completo unless cacti sheet is attached to the other. THIS IS NOT A SURVEY ATKINS 482 South Koller Rood OrIanlo, Florida 32813-6fC Tet: 407/641-7215 CerUflcolo X. LB 24 Date* OIIO:yrOz1 Scale* FiIt Job No.: 1caoersel F B • acrd Drawn By: ct: Ck 1, 13y: u Sheet ' nr 7 PARCEL 8048 SKETCH OF DESCRIPTION DRAINAGE EASEMENT EXHIBIT A kr) 'S AOC HWE5r CORNER Or 2.1 LINES TAOLE lellUttiall.1111110111tWOmmiEvirg IIIIIMMI1011114411111 1: IIIIIWIIIIIIIIIIIIIIEIMP,alnLialalIlltninIMIIIII INNIJIIIIIXIINVIZMIIIIIINESSIMIIII 111111MAIIIIMMIMAIMP211.4.111111111111110M111111 THIS IS NOT A SURVEY ATKINS 482 Swth Keifer Road Ottani°, Florida 3280-60 TO; 437/647-7275 CV kote No. LB 24 This document consistScithcee (3) sheets and shalt not ho corsMocod tun. valid, And COmpknd i,nless each sheet 4 attechce to the canal. La ()I 0 15 30 !!!11 Date: 01/0217022 Scale r -ter joo '10 • rcowar F 8 • Drawn Sy' Ckci. 8As Sheet 8 EXHIBIT "B" Temporary Construction Easement 9 PARCEL 7048 SKETCH OF DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION PARCEL 7046 ALL THAT LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND 8E!NG IN SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, BEING A PORTION OF LOT 34 IN BLOCK F OF "FIRST 400171011 TO SUNSET POINT." ACCORDING 70 TIIE PLAT THEREOF, AS RECORDED MARCH 19, 1923 1N PLAT BOOK 5 AT PAGE 95 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. THE SANE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS A5 FOLLOWS, VIZ : COMMENCE, AT THE NORTHWEST CORNER OF LOT 24 Ill BLOCK 6; THENCE SO0'06'26'E ALONG THE WEST LINE OF SAW LOT 24. THE SPRING BRANCH CROSSING AND THE EAST RIGHT OF WAY LINE OF OVERBROOK AVENUE FOR 312.69 FEET TO A P01117 OF INTERSECTION WITH THE HEAN HIGH WATER LINE OF SPRING BRANCH AS CITED BY THE LETTER OF APPROVAL ISSUED 61' THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY AND MAPPING, DATED JULY 23, 2020. THIS BEING THE P0111T OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; FROM SAID P0/NT OF BEGINNING. THENCE ALONG SAID MEAN HIGH WATER L111E FOR THE FOLLOWING COURSES: N64`3725'6 FOR 29:87 FEET; THENCE N66°0626"E FOR 14.22 FEET; THENCE DEPARTING SAID MEAN HIGH WATER LINE, 500'06'26"E FOR 44.96 FEET; THENCE 589'53341/ FOR 40.00 FEET TO A POINT OF INTERSECTION WITH 5410 EAST RIGHT OF WAY LINE OF OVERBROOK AVENUE AND THE WEST LINE OF SAID LOT 34 IN BLOCK F; THENCE N00'06'26'W ALONG SAID EAST RIGHT OF VIAY LINE OF OVERBROOK AVENUE AND SAID WEST LINE OF LOT 34 IN BLOCK F FOR 26.44 FEET TO THE POINT OF BEGINNING. CONTAINING 1434 SQUARE FEET MORE OR LESS. MK document consists of three (3) sheets and shall not be considered loll, valid, and Complete unless each sheet Is attached to the other. THIS IS NOT A SURVEY ATKINS 482 Scull? Koller Rood 0rlardo, Flarlda 32810-6K11 Te/ 407/647-7275 Certificate lio. LB 24 Digitally signed by Alvin Santiago Negron Date: 2021.07.28 13:36:58-04'00' Alvin Santiago P514 Professional Surveyor and Mapper Florida Certificate No. 7160 act vaso Rrt,,s r rw sr .ale gt aw me 01KnX .tmiC0 3Ca ( A /eM,Q4 1n•A4405YRnH$ 09 Mir - Date: Scale' Job No • F.8.• 07/29/2021 Ir/A 100062397 N/A Drawn By Ckd. By. CM :s Sheet 1 _fes 10 PARCEL 7048 SKETCH OF DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT NOTES: THE LEGAL DESCRIPTION WAS GENERATED BASED ON THE FOLLOWING DATA: 1. THE RECORDED PLAT OF "FIRST ADDITION TO SUNSET POINT;"ACCORDING TO THE PLAT THEREOF, A5 RECORDED MARCH 19, 1923 1N 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'Q020'E ALONG THE CENTERLINE OF OVERBROOK AVENUE(0VER8R00K ROAD BY PLAT). 3. LETTER OF PROCEDURAL APPROVAL ISSUED JULY 23, 2020 BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY AND !RAPPING, 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 110 OTHER INFORMATION OTHER THAN WIIAT IS CITED IN THE SOURCES OF DATA WERE FURNISHED. THE CLIENT 15 HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS ON THE SUBJECT PROPERTY THAT ARE NOT SHOWN 0,1 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 DESCRIPTION -DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. NO FIELD SURVEY WORK WAS PERFORMED 1N CONNECTION WITH SAME. LEGEND: P08 POINT OF BEGINNING POC = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORD 000K P.B. = PLAT BOOK PG. PAGE (P) = PER PLAT 14NW = MEAN 111611 WATER ELEV - ELEVATION This document consists of three (3) sheets and shall not be considered full, valid, and omp!ete unless each sheet is attached to tho other. THIS IS NOT A SURVEY ATKINS 482 South Koller Rood Orlando, F/or/do 32810-6101 Tel: 407/647-7275 Cert!(lcdte No. LO 24 Date: 07/28/202! Scale' NrA Job llo' 100062887 F 8 ' NIA Drawn 8y. Ca CLd. By: as Sheet 2 nt 1 11 PARCEL 704B SKETCH OF DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT LINES TABLE I1SF r7 Ka9�" LH N 00- Oft- Yl 050 511, tQ� POC NORTHUIEST CORNER LOT 24 0 15 M TW<TANer 79 (L 141 L7 a Z :; Q 3 I eCtain a o O u PO8 CARCEL 7046 LU t: O THIS IS NOT A SURVEY ATKINS 982 South Keller Rood 0riondo, Florida 32810-610: T01;407/647-7275 Cer!!!lcote No. t8 24 This document consists of three (3) sheets and shall not be considered full, valid. and complete unless each sheet is attached to the other. LIO ..� -Oa O,tja . Q ,1-:•.2.' , .' Sc t4 I r....:3r....:3 pF-y ,2 a 0 to .z -4 07/2212027 f ,• m m , Date: •:vi ='^d Scale• V-30 •W *40-- • Job No • 100062827 F B • VA Drawn By. Co Ckd By: as Sheet 3 or 3 30 12