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CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING INC (2), . . Return to: Earl Barrett Engineering Department City of Clearwater P. 0, Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 03-29-15-00000-420-0100 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010052417 0212612010 at 09:38 AM OFF REC SK: 16840 PG: 2067-2071 DocType:EAS RECORDING: $44.00 STEVENS CREEK OFFSITE UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING, INC., a Florida not-for profit corporation, d/b/a Clear Bay Terrace, whose principal place of business is 1660 Duke Street, Alexandria, Va. 22314 - 3473 ("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: That portion of the West % of the Southeast '/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, containing 5599 square feet, more or less; and being more particularly described and depicted in that certain 2-page parcel sketch and description appended hereto and by this reference made a part hereof ("Easement Premises") This easement is for sanitary sewer and utility installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain therein a sanitary sewer line, and facilities appurtenant thereto (collectively, "utility"), and to inspect and alter such utility 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 facilities at all times during the exercise of rights granted herein for Grantor and the general public, 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 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\JEsquivel\Local Settings\Temporary Internet Files\Content.Outlook\AOA993BH\CLW VOA OFFSITE UTIL EASE 0509.doe a In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the utility 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 utility, and shall at its sole cost and expense reconstruct Grantee's utility within the alternate easement. Upon completion of the utility relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. Grantor shall hold harmless and indemnify Grantee if the Grantor's secured mortgagee, United States Department of Housing and Urban Development, should fail to timely consent to and join with Grantor in conveyance of easement described herein, and further subordinate its right, title and interest in and to the herein described property and to said 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, IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 2- day of 12009. Signed, sealed and delivered in the presence of: Iignature P ' fitness Name WITNESS signature S utlJt? Print Witness Name CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING, INC., d/b/a Clear Bay Terrace By: Print Name 0. U Title STATE OF VIRGINIA : : ss Z60NT-Y OF F*tRFAX : C.*+,f IAtlatarrdr?q Before me, the undersigned authority, personally appeared q*r' n c?C as # of Clearwater Volunteers of America Elderly Housing, Inc., a Florida corporation not for profit, whb- executed the foregoing instrument on behalf of said corporation on the aforementioned date, and who acknowledged the execution thereof to be h_ free act and deed for the use and purposes herein set forth, and who [?ris personally known to me, or who [ ] did provide as identification. Notary Public - State of Virginia Ql-6ylt~OS4 Type/Print Name My commission expires:3E? ?12611 C,Abocu-6aents and Settings\JEsquivel\Local Settings\Temporary Internet Files\Cantent.Outlook\AOA993BH\CLW VOA OFFSITE UTIL EASE 0509-doe CONSENT & JOINDER The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage Agreement and other instruments of security dated September 30, 1982 given in favor of the United States Department of Housing and Urban Development, as recorded in O. R. Book 54082, Pages 616 - 625 of the public records of Pinellas County, Florida, together with all subsequent amendments and modifications thereto; does hereby join with Grantor and consents to the grant of easement as conveyed in the herein described Stevens Creek Offsite Utility Easement as same shall encumber a portion of the Northwest % of the Southeast % of Section 29 South, Range 15 East, Clearwater, Pinellas County, Florida and as more particularly described in said instrument, and does hereby subordinate all of its right, title, interest and claim in the aforementioned lien to the easement rights Grantor has conveyed therein. Signed, sealed and delivered In the presence of: Witness signature b?r?sp Print itness name Witn s signature Print Witness name UNITED 4WE)S DEP NT OF HOUSING AND P E T By: Title STATE OF . ss COUNTY OF me T f re ing iristru was acknowledge efo me thi day of 2009 by , as of the United States epartment of Housing and Urban Development, mortg a in the above-described lien, who executed said instrument and acknowledged the executlo hereof to be h_ free act and deed for the uses and purposes therein expressed, and who [ personally known to me, or who [ ] did provide as identification xpires: C:\Documents and Settings\JEsquivel\Local Settings\Temporary Internet Files\Content.OutlookW0A993BH\CLW VOA OFFSITE UTIL EASE 0509.doc f 1 , ?n i.rrr LINE TABLE: LINE BEARING DISTANCE L1 S 89'12 39" E 8.40' L2 N 00-11'44" W 15.04' L3 N 04'23'39" W 35.74' L4 S 89'49'42" W 8.40' S.00'1 1'44"E 20.00 P' P140P0SEp L07 48 w a LJ w 0 LJ ar Lu D- 0 C) z Lli z PROPOSED LOT 4s 0 0 PROPOSED LOT 50 PROPOSED LOT 51 Z PROPOSED STEVENS CREEK SUBDIVISION PROPOSED LOT 18 N.89'12'39"W A 504.62' v 4% N W I? UNPLATTED mn N CJ1 N -P L4 S.86'00'00"E 111.D4' N.86-00 .7 127.32' UNPL.ATTED SHEET 1 OF 2 SEE SHEET 2 FOR DESCRIPTION CUMBEY & FAIR, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 2463 ENTERPRISE ROAD, CLEARWATER. FLORIDA 33763 (727) 797--8982 (CLW) (813) 223-4333 (TPA) SCALE: 1"= 50' DATE: 04/10/09 DR/CHK: OJS/KCL JOB NO. 018C w m L' N 0 V7 r-I w I r7 a zz w w N gl 0 ° z 1,89'36'07"W 13 72.75' zi I as a I 0 acX)? ? I POINT OF REFERENCE SE CORNER OF SECTION 3-29--15 50 25 0 50 SCALE IN FEET SCALE: 1"= 50' LEGEND: OR OFFICIAL. RECORDS BOOK PG PAGE R/W RIGHT-OF-WAY SKETCH ONLY-- NOT A SURVEY STEVENS CREEK OFFSITE UTILITY EASEMENT SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA J: \jn--C\018C\Dwg\Survey\OFFSITE-ESMTS.DWG - May 1.9, 2009 0 9:42am - mike a THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST; THENCE RUN NORTH 0708'1$" WEST, ALONG THE EASTERLY LINE OF SAID SECTION 3, A DISTANCE OF 858.00 FEET; THENCE RUN NORTH 89'36'07" WEST, A DISTANCE OF 1372.75 FEET TO A POINT ON THE WEST RIGHT--OF-WAY LINE OF BETTY LANE (60' RIGHT-OF-WAY); THENCE RUN NORTH O0'O7'27" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1057.22 FEET; THENCE RUN NORTH 89'12'39" WEST, A DISTANCE OF 504.62 FEET;. THENCE RUN SOUTH 00'11'44" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE. RUN SOUTH 89'12'39' EAST, A DISTANCE OF 8.40 FEET', THENCE RUN SOUTH 04723'39" EAST, A DISTANCE OF 252.41 FEET; THENCE RUN NORTH 8FOO'00" WEST, A DISTANCE OF 127.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF PINELAND DRIVE; THENCE RUN NORTH 00'11'44" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 15.04 FEET; THENCE RUN SOUTH 86'OO'00" EAST, A DISTANCE OF 111.04 FEET; THENCE RUN NORTH 04!23'39" WEST, A DISTANCE OF 35.74 FEET; THENCE RUN SOUTH 89'49'42" WEST, A DISTANCE OF 8.11 FEET; THENCE RUN NORTH 00'11'44" WEST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5599 SQUARE FEET (0.13 ACRES), MORE OR LESS. NOTES 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 3-29-15. SAID LINE. BEARS N.00'08' 18"W. 2. LEGAL DESCRIPTION PREPARED BY CUMBEY & FAIR, INC. 3. THE SKETCH SHOWN HEREON WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND IS SUBJECT TO ANY AND ALL RECORDED OR UNRECORDED EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS ETC. THERE MAY BE ADDMONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 4. THIS IS A SKETCH OF DESCRIPTION ONLY, NOT A BOUNDARY SURVEY. CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61-G.7-6- FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.0270 FLORIDA STATUTES. FOR CUMBEY & 'FAIR,:-LB 2181 ' V-0 KATHLEEN G. LANZNER.-". 5T20 FLORIDA REGISTERED SURVEYOR NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET 2 OF 2 SKETCH ONLY- NOT A SURVEY CUMBEY & FAIR, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 2463 ENTERPRISE ROAD, CLEARWATER. FLORIDA 33763 (727) 797-8982 (CLW) (813) 223-4333 (TPA) SCALE: 1'= 50' DATE: 04/10/09 DR/CHK. OJS/KCL JOB NO. 018C STEVENS CREEK OFFSITE UTILITY EASEMENT SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA J: Vn-C\0180\Dwq\Survey\OFFSITE.-.ESMTS.DWG - May 18. 2009 0 9: 43am -- mike ?- , 1' AFFIDAVIT OF NO LIENS STATE OF VIRGINIA COUNTY OF FAIRFAX :SS BEFORE ME, th undersigned authority, personally appeared ?? ?X as of Clearwater Volunteers of America Elderly Housing, Inc, a Florida not for profit corpor on, d/b/a Clear Bay Terrace, Clearwater, Florida, whom, being first duly sworn, does depose and say: That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: That portion of the West % of the Southeast % of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, containing 5599 square feet, more or less; and being more particularly described and depicted in that certain 2-page parcel sketch and description appended hereto and by this reference made a part hereof ("Easement Premises") 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 be deemed 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 easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, and: The encumbrance, lien and obligations imposed by that certain Mortgage Agreement and other instruments of security dated September 30, 1982 given in favor of the United States Department of Housing and Urban Development, as recorded in O. R. Book 5408, Pages 616 - 6256, Public Records of Pinellas County, Florida, together with all subsequent amendments and modifications thereto. 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. C:\Documents and SettingsUEsquivel\Local Settings\Temporary Internet Files\Content.OutlookW0A9938H\CLW VOA OFFSITE UTIL EASE 0509.doc 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 the Stevens Creek Offsite Utility Easement to encumber the above-described property. Signed, sealed and delivered In the presence of: I - - X E ignature Print_Witness Name WITNESS signaturL6 J ks. ccs "r-5-Q (X t vcc-- Print Witness Name STATE OF VIRGINIA CLEARWATER VOLUNTEERS OF AMERICA ELDERLY HOUSING, INC., d/b/a Clear Bay Terrace, Clearwater, Florida. By: Print Name FCA.A?L*- rr Title 1?s5 i S7tnc? : sS QetNT2f-OF f*tR ft Crl-y f ?1?aGGi?LOt?:? The foregoing instrument was acknowledged before me this 70 day of (300be_r-r 2009 by 0. ! IMr: as of Clearwater Volunteers of America Elderly Housing, Inc., who executed the foregoin instrument on behalf of said corporation, and who acknowledged the execution thereof to be h free act and deed for the uses and purposes therein expressed, and who [ V11's personally known to me, or who [ ] did provide as identification. 15NOV My Commission Expires: :56*ie 30 00 it Notary Public - State of Virginia Type/Print Name CMocuments and SettingsWEsquivel\Local Settings\Temporary Internet Files\Content.Outlook\AOA9936H\CLW VOA OFFSITE UTIL EASE 0509.doc LINE TABLE: LINE BEARING DISTANCE L1 S 89'12'39" E 8.4 0' N 00'11'44" W 15.04' ! N 04'23'39" W 35.74 L4 S 89'49'42" W 8 40' . PROPOSED STEVENS CREEK SUBDIVISION PROPOSED LOT 18 N.89'12'39'W su R9' S.00'1 1'44"E 20.( PROPOSED POINT OF LOT 48 BEGINNING PROPOSED hi n, a Q LEI 7 a LOT 49 p O w PROPOSED LOT 50 w z PROPOSED LOT 51 1 I 1 I 1 1 I I I 1 I I I j n p N N G'i LINPLATTED >s ? m •- CT1 p N Z '? L4 HLt'QO'QO"E 111,04' N.86-00'00W 127.32' UNPLATTED SHEET 1 OF 2 SEE SHEET 2 FOR DESCRIPTION LEGEND. OR OFFICIAL RECORDS BOOK PG PAGE R/W RIGHT-OF-WAY SKETCH ONLY- NOT A SURVEY CUMBEY & FAIR, INC. STEVENS CREEK CONSULTING ENGINEERS AND LAND SURVEYORS OFFSITE 2463 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33763 UTILITY EASEMENT (727) 797-8982 (CLW) (813) 223-4333 (TPA) SCALE: 1 50' DATE: 04/10/09 DR/CHK: OJS/KCL JOB NO. 0180 SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA w Z ui m w c? 0 1!7 dl N I I M a Q NI ? w (n CD 0 b 0 ML N,89'36'07"W 1372.75' z P- I a c2a I b bL C I J ) z INT OF REFERENCE CORNER OF : SECTION 3-29-15 50 25 0 50 F-4 SCALE IN FEET SCALE: 1"= 50' J: \jn-C\018C\Dwg\Survey\OFFSITE_ESMiS.DWG - Mqy 18, 2009 0 9: 42.um - mike I?ESCRIPTION THAT PORTION OF THE WEST 1 /2 OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST; THENCE RUN NORTH 00'08'18" WEST, ALONG THE EASTERLY LINE OF SAID SECTION 3, A DISTANCE OF 858.00 FEET, THENCE RUN NORTH 89'36107" WEST, A DISTANCE OF 1372.75 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BETTY LANE (60' RIGHT-OF--WAY); THENCE RUN NORTH 00'07'27" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1057,22 FEET; THENCE RUN NORTH 89'12'39" WEST, A DISTANCE OF 504.62 FEET; THENCE RUN SOUTH 00'11'44" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89-12-39- EAST, A DISTANCE OF 8.40 FEET, THENCE RUN SOUTH 04'23'39" EAST, A DISTANCE OF 252.41 FEET; THENCE RUN NORTH 86'00'00" WEST, A DISTANCE OF 127.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF PINELAND DRIVE; THENCE RUN NORTH 00'11'44" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 15.04 FEET; THENCE RUN SOUTH 86'00'00° EAST, A DISTANCE OF 111.04 FEET; THENCE RUN NORTH 04'23'39" WEST, A DISTANCE OF 35.74 FEET; THENCE RUN SOUTH 89'49'42" WEST, A DISTANCE OF 8.11 FEET; THENCE RUN NORTH 00'11'44" WEST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5599 SQUARE FEET (0.13 ACRES), MORE OR LESS. N-- OTE 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF SECTION 3-29-15. SAID LINE BEARS N.00'08'1 8"W. 2. LEGAL DESCRIPTION PREPARED BY CUMBEY & FAIR, INC. 3. THE SKETCH SHOWN HEREON WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND IS SUBJECT TO ANY AND ALL RECORDED OR UNRECORDED EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS ETC. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 4. THIS IS A SKETCH OF DESCRIPTION ONLY, NOT A BOUNDARY SURVEY. LfJ3TIEIQAiIQU I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61-G17--6 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR CUMBEY & FAIR, LS 2168 FLORIDA REGISTERED SU OR NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET 2 OF 2 SKETCH ONLY- NOT A SURVEY CUMBEY & FAIR, INC, CONSULTING ENGINEERS AND LAND SURVEYORS 2483 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33783 (727) 797-8982 (CLW) (813) 223--4333 (TPA) SCALE: 1 50' DATE: 04/10/09 DR/CHK: OJS/KCl JOB NO, 018C STEVENS CREEK OFFSITE UTILITY EASEMENT SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA J: \In-C\01 13C\Dwg\Survcy\OFFSITE.-ESMTS.DWG - May 18, 2009 0 9: 43om - mlko