NICHOLAS J. & BETTY A. SOUTHARD
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# 200826127509/24/2008 at 12:37 PM
OFF REC BK: 16385 PG: 971-973
DocType:EAS RECORDING: $27.00
Parcel I. D. No. 13-29-15-26982-000-0161
DRAINAGE & UTILITY EASEMENT
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, NICHOLAS J. SOUTHARD, a married man, and
BETTY A. SOUTHARD, a single woman ("Grantor") do hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under and across the
following described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A DRAINAGE AND UTILITIES EASEMENT as legally described and depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof.
Containing 242 sq. ft. or 0.006 acres, more or less ("easement premises")
This easement is for drainage and utility installation and maintenance in accordance with plans and
specification of Pinellas County project SFN 1391 - ALLEN'S CREEK EROSION CONTROL FROM BEVERLY
CIRCLE TO MAGNOLIA DRIVE - P.I.D. #836. The CITY OF CLEARWATER, FLORIDA, shall have the right to
enter upon the above-described premises in cooperation with Pinellas County to construct, install and
subsequently maintain therein stormwater drainage improvements and facilities and to inspect and alter such
stormwater improvements and facilities from time to time. 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 to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of
these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
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 quiet and peaceful possession, use and enjoyment of this easement.
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.
U:\Easements\ALLEN'S CRK (SOUTHARD) D & U EAS 0608.doc
'.
Page 2 - Drainage & Utility Easement
Grantor: Southard
Grantee: City of Clearwater
RE: 13-29-15-26982-000-0161
IN WITN~~....,,!~_E~OF, the undersigned grantor has caused these presents to be duly executed this
6~ day of ~ ,2008.
Signed, sealed and delivered
in the presence of:
" ~ ~.t' CJ.... -to
YV.IT~s~siDature ~,.,r-e
V E 'f.J..... t-.l. \ cv4- n~C r
~lness Na. me
a?~~
W~ig~r~_.
Print Witness Name
~~
/~t~So~
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Nicholas J. Southard, a married man,
who executed the foregoing instrument, and who acknowledged the execution thereof to be his .!J:ee act and deed
for the use a!l~J~urQ.Oses th~rei ~et forth, and who [ ] are personally known to me, or [,/j who did provide
'(ptUc:U'f j)~ a?AlS"e as identification.
My commission expires:
Notary Public - State of Florida
&d- ~ ~~yY-.
Type/Print Name
~.~ EAR. W. BARRETT
~.~....,.. UVCOMMlS8lON' DO 759181
.. · EXPIRES: May 26, 2012
~'tllF Banded 11lIu Ilu1Ig8I Hol8Iy SemceI
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Betty A. Southard, a single woman,
who executed the foregoing instrument, and who acknowledged the execution thereof to be her ~e act and deed
for the us~.and pur os~ th~rein ~et forth, and W.hO [ ] are personally known to m. e, or [Vj who did provide
Ttt,II!/<t1. ~/~ UG~ as identification.
.. ~ . My commission expires:
Notary Public - State of Florida
~d-N. ~
Type/Print Name
~.~ EARL W. BARRETT
.ld. MY COMMISSION' DO 759181
.. ~. EXPIRES: May 26,2012
~'tllF" Banded 1Iltu _NoIIty Servloe8
U:\Easements\ALLEN'S CRK (SOUTHARD) D & U EAS 0608.doc
~
PINELLAS COUNlY PUBLIC WORKS
OMSION OF" SURVEY AND MAPPiNC
22211 U,S. HIGi'1WAY 19 N.
CLEARWATER. F'LORIDA 3.3765-2347
SECTION(S) 13, TOWNSHIP 29 SOUTH. RANGE Ifl EAST
1lddII'- .. ~etillne b1 olh., U- tile ProI-.al Land SuNe)'OI' j" tllPO'll;w. ~hol'9. ill ptOhilliIell.
LIlncl Oeseriplioft ill lfowoIcI wilhout 1iOftoIu... GtttJ/OIt embGned _I III the Pwo'IIUIo"oJ Land SuIW)'Ot
DESCRIPTION
An 'irregular shaped troct. bein9 0 portion of Lot 16, FAIR OAKS SUBDIVISION FIRST ADDITION, according to the plot
thereof, os recorded in Plot Boole 44. Page 56, public records of Pinelles County, Florida, in the Southwest 1/4 of
Section 13, Township 29 South, Range 15 East, Pinellos County. florida, being described os follows:
COMMENCE at the Northeost corner of Lot 6, Block G, OAt( LAKE ESTATES Subdivision. accordinq to the plat
thereof, os recorded in Plot Book 45. Poge 13. public records of Pine lias County, Florida, run S 89" 1 5'28"E olong
the eosterly prolongotion of the North line of said Lot 6, for a distance of 0.88 feet to the POINT OF BEGINNING;
Ihence continue S B9'15'28"E along said easterly prolQngetion, for 0 distance of 10.28 feet to the West line of a
utility & dr<lin0ge eosement for Allen's Creek: thence 5 14'04'2S"W along said West line of 0 utility & drainage
easement, for a dilltance or 44.94 feet to the West line of aforesaid Lot 16, olso being the East line of aforesaid
Lot 6: thence N OO.17'..}l"W along said West line, for o distance of 40.30 feet; thence N i4"04'26"E. for 0
distance of 3.53 feet to the POINT OF BEGINNING.
CONTAINING: 242 square feet or 0.006 DCres more or less.
BASIS Of 8EARIINGS: Bearings indicoted are on on ossumed meridian based on the North line of Lot 6. Block G,
OAl< LAKE ESTATES Subdivision, according to the plot thereof, as recorded in Plat Book 45, Page 1 J. public records
of Pinellos County. florida, public re<;ords of Pinellos County, Florida, in the Southwest 1/4 of Section 13. Township
29 South, Range 15 Eost, Pinellos County. florida, being S 89' 15'28"E.
SCALE IN fEET
1"=: 40'
}
I
I
I
I
I
I
I
I
I
I
"1
I
J
I
I
I
I
I
I
I /
I POINT OF
J BEGINNING
~
o
I
40
J
l+J IN !Ii
,f; Z ~
/~ ~ lj
. :::Je~
POINT OF' COMMENCEWENT
NE CORNER LOT 6
I
I
I
I
I
I
J
I
I
I
CALCUlATED BY:
HFQ
OAK LAKE ESTATES
PtAT BOOK 45, PAGES 13-14
LOT 6. BLOCK G
SKETCH--NOT A SURVEY
I
UNE TABLE
UNE LENGTH
L 1 0.88
L2 10.28
LJ 44.94
L4 40.30
L5 .3.53
f'AlR OAKS SUBDIVISION
FIRST ADDITION
PLAT BOOK 44, PAGE 56
LOT 16
DATE '3 kfh$
MD F. OTT5. lAND SURVEYOR CER11fICATE NUMBER: 15383 ' ,
STATE OF FLO PH N 7 7 .. -
The obove SIl.tch orrd/or Land dellCt'iplion -os P"lPored under my supervision ond is true and
correct to the , my knowledve oncI belief,
Illy Public Woru
CHECKED BY:
CH
S.f'.N.:
1391
EXHIBIT
SHEET 1 OF
~
li
Q
~
~
C3
~
.::J
;j
~
".'
"
SEAL
Parcel No.:
P006
..
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Nicholas J.
Southard, a married man, and Betty A. Southard, a single woman,whom, being first duly
sworn, do depose and say:
1. That they are the owners of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
Those portions of Lots 16 and 17, FAIR OAKS SUBDIVISION FIRST ADDITION,
as recorded in Plat Book 44, Page 56 of the Public Records of Pinellas County,
Florida lying West of the Centerline of Allen's Creek and East of Lot 6, OAK
LAKE ESTATES SUBDIVISION, Plat Book 45, Pages 13 and 14 of the Public
Records of Pinellas County, Florida lying between the Easterly projection of
the North and south boundaries of said Lot 6.
2. That said property is now in the possession of the record owner.
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 than those
that will be paid during the normal course of business, except: (if none, enter "NONE".
If 0 ent ,it will e deemed that "NONE" has,peen entered.) .
1 . I U&fI rl' ? L/6~ ,;;?.f or=
tJT /oz.3,.3
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except: (if none, enter "NONE". If no entry, it will be deemed that "NONE" has
been entered.)
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby
warranted that there are no unpaid assessments against the above described property
for improvements thereto by any government, whether or not said assessments appear
of record.
U:\Easements\ALLEN'S CRK (SOUTHARD) D & U EAS 0608.doc
.. .' ..
6. That there are no outstanding sewer service charges or assessments payable to any
government.
o €-rOr-t'~ -rD~
WITNESS SiQ..n~ture...L\ ----r- (1 =r-
\J c: O-ON' LV\. ~ ~~Lr-
~.NE Printed Name
. '~~
~i~r~
WITNESS Printed Name
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents. successors and assigns to rely thereon.
~~
Nichol J. Southard
&t;A N. ~Ltf~
Betty 'A. Southard
Sworn to and subscribed to before me this bIJi day of
2~ ~
~
Not~c~t~
Print/Type Name
~
My Commission Expires
~tI<< ,.,.,
;jl .......'t:o EARL W. BNII:TT
....bl. * MY COMMISSION , DO 759181
~~ EXPIRES: May 26, 2012
"01F\.rF Bondtd TIuu _ _ 8tMaes
U:\Easements\ALLEN'S CRK (SOUTHARD) D & U EAS 0608.doc