ELLIS & CO., LLLP (2)
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200802395201/2412008 at 04:50 PM
OFF REC BK: 16130 PG: 89-91
DocType:EAS RECORDING: $27.00
D DOC STAMP: $0.70
Parcel I. D. No. 18-29-16-00000-320-0300 & 0500
II
SIGNAL UTILITY EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, ELLIS & CO., LLLP. a Florida limited liability
limited partnership, having a principal place of business at 34 West Orange Street, Tarpon Springs, FI. 34689, and
a postal mailing address at P. O. Box 1879, Tarpon Springs, Florida 34688-1879 ("Grantor") does hereby grant
and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-
exclusive, limited purpose easement over, under and across the following described land lying and being situate in
the County of Pinellas, State of Florida, to wit:
A portion of the Northwest 114 of the Southwest % of Section 18, Township 29 South, Range 16
East, Pinellas County, Florida, as more particularly described and depicted in EXHIBIT "A",
appended hereto and by this reference made a part hereof (collectively, "Easement Premises")
This easement is for a placement, installation and maintenance of a traffic signal utility cabinet, traffic
light "stringer" pole, and related appurtenances. The CITY OF CLEARWATER, FLORIDA, shall have the right
to enter upon the above-described Easement Premises to construct, install and maintain therein the above
referenced traffic signal utilities, and to inspect and alter such utilities from time to time, together with all
appurtenances thereto. 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 maintain
reasonable access for Grantor and the general to Grantor's facilities at all times during the exercise of rights
granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the
Easement Premises upon completion of any project 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. Grantee further
represents and warrants that it shall diligently pursue the completion of all work activities in a timely and
workmanlike manner.
Grantor warrants and covenants with Grantee that it 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.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments. injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or
occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
C:\Documents and Settings~mclane\Local Settings\Temporary Internet Files\OLK216\ELLlS CO TRAFFIC SIGNAL UTIL
EAS 112707.doc
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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 constructed traffic signal utilities, and shall at its sole cost and
expense reconstruct the traffic signal utilities within the alternate 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.
"1- IN WITNESS WHEREgF, the undersigned grantor has caused these presents to be duly executed this
..;:) dayof""D6c:!.~ ~ ,2007.
---..,
Signed, sealed and delivered
in the presence of:
I~J~
WITNESS signature ' .
IF/FA ;r A J~/O Ii c.E?l-,
Print Witness Name
ELLIS & CO., LLLP,
a Florida limited liability limited partnership
By: ELBANCO, LLC,
a Florida limited liability company,
its General Partner
WITNESS Sign~e
.-.pa,J~~ I
Print Witness rtJame
,~
4A-J/
By:
~~t~-'
Carol E. Martin
President/Manager
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Carol E. Martin, as President/Manager
of Elbanco, LLC, a Florida limited liability company, the general partner Ellis & Co., LLLP, a Florida limited liability
limited partnership who executed the foregoing instrument on behalf of said entities on the aforementioned date,
~d who . to be her free act and deed for the use and purposes herein set
. d who who [ ] did provide
Ica
My commission expires:
Notary Public - tate of Florida
'12m t:v{' d t( I ~I Ct {(
Type/Print Name
<Al' . DONALD R, HALL
. MY COMMISSION It DO 711838
l:XPIAl$: Nov~r 14; 2011
, :. 8onr.tI/l 'lhru NolIryNllIc UI1dlIIWIlI8n
C:\Documents and Settings~mclane\Local Settings\Temporary Internet Files\OLK216\ELLlS CO TRAFFIC SIGNAL UTIL
EAS 112707.doc
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Scale 1" 20'
This is not a survey
EXHIBIT
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S89'41'18"E
10.00'
SIGNAL UTILITY EASEMENT
Commence at the Southwest corner of Parcel No.1;
thence run N 00'10'41" W. along the East Right of Way
line of Belcher Rood, 0 distance of 74.53 feet to the
Point Of Beginning; thence continue along soid R/W line
N 00'10'41" W, 18.S7 feet; thence run S 89'41'18" E,
10.00 feet; thence run S 00' 10'41" E, 28.29 feet to a
point on a non-tangent curve, concave to the Northeast;
thence along the arc of a curve, having a radius of
SO.OO feet, on arc length of 14.0S feet, 0 chord bearing
N 4S'45'37" W, 14.00 feet to the Point Of Beginning.
Containing 238.90 square feet M.O.L.
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CITY OF CLEARWATER. FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
SIGNAL UTILITY
EASEMENT
GULF TO BAY PLAZA
BELCHER ROAD
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O. KING
.... NO.
LGL2oo7-12
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10/15/2007
5m'-llOIP-RNQ
22-29S 15E
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:S8
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Carol E. Martin as
President/Manager of Elbanco. LlC, a Florida limited liability company. the general partner of Ellis
& Co., LLLP. a Florida limited liability limited partnership, whom, being first duly sworn, does
depose and say:
1. That Ellis and Co., LLLP Is the owner of legal and equitable title to the following described
property in Pinetlas County, Florida, to wit:
A portion of the Northwest Y4 of the Southwest Y4 of Section 18, Township 29
South, Range 16 East, Plnellas County, FlorIda, as more particularly
described and depleted In EXHIBIT uA", appended hereto and by this
reference made a part hereof.
3. 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 that those which
will be paid during the normal course of business, except: {list, or if none. insert "NONE".
If no entry, it will ~~Ai:emed that "NONE" has been entered.}
4. That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except leasehold tenancies, easements and restrictions of record. any
encroachments, overlaps or other rights of third parties which would be shown by a
current survey, and: (list, or If none, insert "NONE". If no entry, it will be deemed that
"NONE" has been inserted.)
NONE
5. 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.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. 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 a signal utility easement to encumber the above.described property.
C:\Doeuments and Settings~mcIR'e\Local Settings\Temporary Internet Flles\OLK216\ELLIS CO TRAFFIC SIGNAL UTIL
EAS 112707.doc
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Signed, sealed and delivered
In the presence of:
~J.~'
WITNESS'si~turft..
't:r~1I . II'STdltt.t:LL;
Print Witness Name
JJtLMh ct. ~sJJu;
"!lJ:ESS Signa~
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Print Witness Name
Sworn to and subscribed to before me this 6..Jh
~~7h
Notary Public. State of Florida
~!v:(/~ / MirIPne.-/Ps.
pe/Print Name
ELLIS & CO., LLLP, a Florida limited
liability limited partnership
By: ELBANCO, LLC,
a Florida limited liability company,
Its General Partner
-R. --,
By: C/'A.u-/ rV\A 4....8
Carol E. Martin
PresidenUManager
day of _~e".,,~r
. 2007.
My.Commission Expires:
l'3".
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Notary Public Slate of Florida
Stella I Himonetos
My Commission 00491052
Expires 01/14/2010
C:\Dccuments and Settlngs\jmclane\Local Settlngs\Tempcrary Internet Flles\OLK216\ELlIS CO TRAFFIC SIGNAL UTIL
EAS 112707.doc
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EXHIBIT
"A"
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S89'41'18"E
10.00'
SIGNAL UTILITY EASEMENT
Commence at the Southwest corner of Parcel No.1;
thence run N 00'10'41" W, along the East Right of Way
line of Belcher Road, a distance of 74.53 feet to the
Point Of Beginning; thence continue along said R/W line
N 00'10'41" W, 18.57 feet; thence run S 89'41'18" E,
10.00 feet; thence run S 00' 10'41" E, 28.29 feet to a
point on a non-tangent curve, concave ta the Northeast;
thence along the arc of a curve, having a radius of
50.00 feet, an arc length of 14.05 feet, a chord bearing
N 45'45'37" W, 14.00 feet to the Point Of Beginning.
Containing 238.90 square feet M.O.L.
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Straight Curb
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~ S. W. Corner Of Parcel
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0::1
Lotline
299A
CITY Of. CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
SIGNAL UllLlTY
EASEMENT
GULF TO BAY PLAZA
BELCHER ROAD
SlET
1 OF 1
...... BY
O. KING
.... NO.
LGL2007-12
CIO!a<ED BY
1t.M
DA"
10/15/2007
SECT-TWSP-RNG
22- 29S-15E
..........
N/A