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ROBERT C & SUSAN K GOODELL Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 13-29-15-26982-000-0180 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009004789 01/08/2009 at 12:56 PM OFF REC BK: 16466 PG: 1486.1489 DocType:EAS RECORDING: $35.50 11 DRAINAGE & UTILITY EASEMENT 11 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, ROBERT C. GOODELL & SUSAN K. GOODELL, husband and wife ("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 385 sq. ft. or 0.009 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. Grantor conveys the rights herein subject to Grantee utilizing best practices to protect existing oak tree in the northwest corner of Grantor's property during project construction; and, if necessary to facilitate project construction, relocate Grantor's rear fence as directed by Grantor. 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. U:\Easements\ALLEN'S CRK (GOODELL) D & U EAS 0608.doc Page 2 - Drainage & Utility Easement Grantor: Goodell Grantee: City of Clearwater RE: 13-29-15-26982-000-0180 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. f IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of 2008. Signed, sealed and delivered in the presence of: W ITI?$ ignature ???y re Gt/??B Print W' ess Name *T NESS sign e Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS : ss ?? ' Robert C. Goodez I ?r? ll Susan K. G II Before me, the undersigned authority, personally appeared Robert C. Goodell and Susan K. Goodell, husband and wife, who executed the foregoing instrument, and who acknowledged the execution thereof to be toeir free acts and deeds for the use and purposes therein set forth, and who [ ] are personally known to me, or [ who did prgle f= c?,? 1kimpe 6&usF-t' _ as identification. Notary Public - Slate of Florida e;;944 f Type/Print Name My commission expires: EARL W. NFIM * * MY COMMISSION t DD 759181 EXPIRES: May 28, 2012 ""7.VFl,dOr BondedThmk*N"SWW WEasements\ALLEN'S CRK (GOODELL) D & U EAS 0608.doc PINELLAS COUNTY PUBLIC WORKS DIVISION OF SURVEY AND MAPPING 22211 U.S. HIGt1WAY 19 N. CLEARWATER. FLORIDA 33765-2347 SECTION(S) 13&246 TOWNSHIP 29 SOUTH, RANGE 15 EAST .0UF# Additions or delMions br other than the Prafeeaa0l Load sunslor in rrwaft'PIe other" is prohibr'tod. PUBLIC 9d?RK5 Lew pet¢rtptian Fs Inralld wi"ut stgnature and/er embasaed sad of ow I?rpfesslonsi Land Surwyor DESCRIPTION A parallelogram shaped tract. being a portion of Lot 18, FAIR OAKS SUBDIVISION FIRST ADDITION. according to the plot thereof, as recorded in Plot Book 44, Page 56, public records of Pinellas County, Florida, in the Southwest 1/4 of Section 13, Township 29 South, Range 15 East and Northwest 1/4 of Section 24, Township 29 South, Ronge 15 East, Pinellas County, Florida, being described as follows: Commence of the Southeast corner of said Lot 18, run N 89'18'54"W along the South fine of said Lot 18•, for o distance of 131.43 feet to the POINT OF BEGINNING; thence continue N 89'18'54"W along said South line, for a distance of 5.14 feet to the Eost line of a utility & drainage easement for Allen's Creek; thence N 14'04'26"E along said East line, for' o distance of 77.02 feet to the South line of a 10 foot drainage easement; thence S 89'18'54"E along said South line of o 10 foot easement, for a distance of 5.14 feet; thence S 14'04'26"W. for a distance of 77.02 feet to the POINT OF BEGINNING. 1 CONTAINING: 385 squore feet or 0.009 acres more or less. BASIS OF BEARIINGS. Bearings indicated ore on on assumed meridian based on the South fine of Lot 18, FAIR OAKS SUBDIVISION FIRST ADDITION, according to the plot thereof, as recorded in Plot Book 44, Page 56, public retards of Pinellas County, Florida, in the Southwest 1/4 of Section 13, Township 29 South, Range 15 East and Northwest 1/4 of Section 24, Township 29 South, Range 15 East. Pinellas County. Florida, being N 89'18'54"W. SKETCH--NOT A SURVEY r za 1 fJz 10' DRAINAGE EASEMENT _ ` -- FAIR OAKS SUBDNISiON - t jl? FIRST ADDITION f s .P002 PLAT BOOOT416PA4GE 56 r6 ? raw ^7 ,- r? POINT OF COMMENCEMENT SE CORNER LOT 18 ` POINT OF BEGINNING \\ f alt:l tb? 0 L1 A/2" Lz o 5' EASEMENT 2 I ? 3 LINE TABLE LE LENGTH BEARING L1 131.43 N89' 18'54"W L2 5.14 N89'11 8'54"W L3 77.02 N14'04'26"E L4 5.14 S89' 18'54"E L5 77.02 S14.04'26"W SOUTH LINE SECTION 13-29-15 NORTH LINE SECTION 24-29-15 SCALE IN FEET 1'r= 40' 0 40 &us mid w nC4,„?,' on EXHIBIT SHEET 1 OF 1 Porcel NO.: P002 Consent of Lienholder Wells Fargo Bank, N.A ("Lien holder"), hereby consents to the grant of the foregoing Drainage & Utility Easement by Robert and Susan Goodall to City of Clearwater Florida and in the execution hereof solely as Lienholder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to Drainage & Utility Easement. SIGNED AND EXECUTED this 20th day of October, 2008 Wells Fargo Bank, N.A. Byz61,4?1-4 aj. Robert D Kline, Vice-President STATE OF MARYLAND COUNTY OF WASHINGTON BEFORE ME, the undersigned authority, on this day personally appeared Robert D Kline, Vice President of Wells Fargo Bank, N.A known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 20th day of October, 2008. ..?,J%11E w11'... t NOT?p ytit 'S 9, t PUBLIC 1 ?? My Comm. Eta. 031282010 N tar Public My commission expires: 3/28/2010 STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Robert C. Goodell and Susan K. Goodell, husband and wife, whom, being first duly sworn, do depose and say: That they are the owners of legal and equitable title to the following described property in Pinellas County, Florida, to wit: That part of Lot 18 lying East of the centerline of Allen's Creek, FAIR OAKS SUBDIVISION FIRST ADDITION, according to the plat thereof as recorded in Plat Book 44, Page 56, of the Public Records of Pinellas County, Florida, more particularly described as follows: Begin at the Northeasterly corner of said Lot 18 and run thence North 89°18'54" West, along the northerly line of said Lot 18, 160.00 feet; thence Southwesterly on a straight line to a point on the Westerly line of said Lot 18, said point lying South 00°17'31" East, along said westerly line, 9.55 feet; thence South 00°03'16" East, along the westerly line of said Lot 18, 25.45 feet; thence South 89°18'54" East, along the southerly line of said Lot 18, 156.07 feet, thence North 10°01'34" East, along the easterly line of said Lot 18, 81.06 feet to the Point of Beginning. 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") No^1E 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: That certain Mortgage and other instruments of security dated May 14, 2003 given in favor of Washington Mutual, FA, a Federal Savings Bank organized and existing under the laws of the United States of America, as recorded in Official Records Book 12768, Pages 2147 - 2156, Public Records of Pinellas County, Florida, being subsequently assigned to Wells Fargo Bank, NA as affirmed in that Assignment of Mortgage dated February 28, 2007 as recorded in Official UAEasements\ALLEN'S CRK (GOODELL) D & U EAS 0608.doc Records Book 15675, Page 2608, Public Records of Pinellas County, Florida; and, that certain Mortgage-Home Equity Line of Credit dated August 26, 2006 given in favor of Achieva Credit Union as recorded in Official Records Book 15336, Pages 2254 - 2258, Public Records of Pinellas County, Florida. 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. 6. That there are no outstanding sewer service charges or assessments payable to any government. 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. WITNESS Signature WITNES rinted Name W I ISS Sign re NV 40 A? _70616 Robert C. Goodell W. Susan K. Good WITNESS Printed Name Sworn to and subscribed to before me this day of-?? 2008. Nota - S t Flo i a Print/Type Name My Commission Expires ,454, MW &VMT % * * IMY X18 DD 759181 IXPIMS; May 28, 2012 NfWa B=W7 WW"6W= WEasements\ALLEN'S CRK (GOODELL) D & U EAS 0608.doc