DECADE COMPANIES INCOME PROPERTIES
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 08-29-15-15606-000-0141 and
Parcel No. 08-29-15-00000-320-0200
SIDEWALK & UNDERGROUND UTILITIES EASEMENT
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2010228923 08/13/2010 at 10:54 AM
OFF REC BK: 17001 PG: 343-346
DocType:EAS RECORDING: $35.50
D DOC STAMP: $0.70
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, DCIP, LLC, a Wisconsin limited
liability company, successor by merger with DECADE COMPANIES INCOME PROPERTIES, A
LIMITED PARTNERSHIP, a Wisconsin limited partnership, with its principal place of business located
at 13555 Bishops Court, Ste. 345, Brookfield, Wisconsin 53005 - 6266 ("GRANTOR"), does hereby grant
and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("GRANTEE"), an
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 Section S, Township 29 South, Range 15 East, Pinellas County,
Florida, being 2.5 feet in width and more specifically described and depicted in EXHIBIT
"A" appended hereto and by this reference made a part hereof.
The easement rights granted herein are for perpetual construction and maintenance of a public sidewalk
and underground utilities.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and to maintain thereon a public sidewalk and underground utilities, to inspect and alter same
from time to time, and to reconstruct and replace as necessary and desirable in the interest of public
safety.
GRANTOR warrants and covenants with Grantee that it is the owner of the fee simple title to the herein
described easement premises, 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.
GRANTOR reserves the right to make use of the Easement Area herein granted in a manner which is not
inconsistent with the rights herein conveyed, or which does not materially interfere with the use of the
Easement Area by GRANTEE for the purposes herein conveyed.
GRANTEE shall defend and hold harmless GRANTOR and all of the GRANTOR'S agents, employees,
representatives and/or successors and assigns from and against all claims, damages, liabilities,
expenses, losses, suits and actions, including attorney's fees resulting from the installation, operation,
maintenance, repair, use,. replacement or removal of GRANTEE'S public sidewalk or other exercise by
GRANTEE of its rights hereunder, provided however, that in no event or under any circumstances shall
this provision be construed as a consent by GRANTEE to be sued by third parties or as a waiver of
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GRANTEE'S sovereign immunity, nor shall the GRANTEE incur any financial liability which would exceed
statutory limits as set forth in Section 768.28, Florida Statutes.
GRANTOR makes no representation herein as to the fitness of the Easement Area for the use intended
by GRANTEE.
It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement
premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their 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 the parties, or by abandonment of the easement premises by Grantee.
IN WITNESS WHE PF the undersigned grantor has caused these presents to be duly executed this
g day of IT "K 2010.
Signed, sealed and delivered DCIP, LLC Wisconsin limited liability company,
in the presence of: successa b merger with DECADE COMPANIES
INCOME R ERTIES, A LIMITED PARTNERSHIP,
a Wiscon in Ii itg i partnership
AITNESS signature
man; 64K*"*^
Print Witness Name By:
WITNESS signatu
k W C OT l
Print Witness Name
, its Managing Member
STATE OF LrJI?LOY?a/!1J
'' ll : ss
COUNTY OF 1.aLal&-
The foregoing instrument was acknowledged before me this cd day of
2010 by Jeffrey Keierleber as Managing Member of DCIP, LLC, a Wisconsin I& liabilitycompany,
successor by merger with DECADE COMPANIES INCOME PROPERTIES, A LIMITED PARTNERSHIP, a
Wisconsin limited partnership, whom, being duly authorized, did personally execute the foregoing
instrument on behalf of said limited liability company, and who acknowledged the execution thereof to be
his free act and deed for the uses and purposes therein expressed, and who [X] is personally known to
me, or [ ] who produced as
id tific
UL-- - I ACKfRA, Commission Expires:
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Type/ Print Name - -
UB 00
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Sco%: 1 -30EXHIBIT "A"
This is no c survey
NORTH
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i 584'27'30"C
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Q h 2.5 Foot Sidewalk
0 ty Easemen t
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NorCheyy R/1y 584'27'30"E
Line 100.00'
DEVON DR. 1st AVE.(plat)
Legal Description
LEGAL DESCRIPTION:
A 2.5 Foot Sidewalk Easement lying Easterly and parallel to the East Right of Way
line of Coronado Drive over the following described tracts.
Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according to
map or plat thereof as recorded in Plot Book 23, Page 37, of the Public Records
of Pinellas County, Florida; run thence West along the East-West Center Line of
Section 8, Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING;
thence South 5'32'30" West along East right-of-way line of Coronado Drive 16.26
feet; thence South 84'27'30" East, 100 feet; thence North 532'30" East, 78.06
feet: thence Northwesterly along existing concrete seawall 113.38 feet, more or less;
thence South 6'10'00" West, 82.63 feet; thence South 4'25'11" East, 25.74 feet to
the Point of Beginning.
AND:
Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as
recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; and
run thence West along the East and West Center Line of Section 8, Township 29
South, Range 15 East, 15 feel to the Easterly line of Coronado Drive; thence South
5'32'30" West, 16.26 feet, for the POINT OF BEGINNING; thence continue South
5"32'30" West, 100 feet to the Northerly line of First Avenue: thence South
84'27'30" East, 100 feet along the Northerly line of First Avenue; thence North
5'32'30" East, 100 feet; thence North 84"27'30" West, 100 feet to the Point of
Beginning.
f'
IFAFFIDAVIT OF NO LIENS
STATE OF
ss
COUNTY OF
the undersigned authority, personally appeared Jeffrey Keierleber, as ssor ith
BEFORE ME,
Managing Member, COME ,PRa Wisconsin OPERTIES, limited liability
LIMITED PARTNERSHIP, a W sc nsine mited
DECADE COMPANIES INCOME
partnership, whom, being first duly sworn, does depose and say:
1. That said entity is the owner of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
Begin at the Southwest corner of syretcord d in,P t CITY PARK Book 23, Page D37, IofOthe
as
according to the map or plat thereof
Public Records of Pinellas County, Florida; run thence West along the East-West
centerline of Section 8, Township 29 South, Range 15 East, 15 feet to the POINT
OF BEGINNING; thence S05°32'30"W along East right-of-way line of Coronado
Drive, 16.26 feet; thence 584°27'30"E, 100.00 feet; thence N05°32'30"E, 78.06 feet;
thence Northwesterly along existing concrete seawall 113.38 feet, more or less;
thence S06°10'00"W, 82.63 feet; thence S04°25'11"E, 25.74 feet to the POINT OF
BEGINNING.
Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as rds
, Florida;
Pinel
and recorded Plat Book 23, e Eas 7? d West Cen ter Line oflSe ton 8 Township 29
run thence West along th
South, Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South
thence continue South
5°32'30" West, 16.26 feet, for the POINT OF BEGINNING;
thence South
5°32'30" West, 100 feet to the Northerly line of First Avenue;
84°27'30"East, 100 feet along the Northerly line of First Avenue; thence North
5°32'30" East, 100 feet; thence North 84°27'30" West, 100 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, except: (if none, enter "NONE". If left blank,
it will be deemed that "NONE" is entered.)
None
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t
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 left
blank, it will be deemed that "NONE" is entered.)
None
5. That it is hereby warranted that no notice has been received for any public hearing regarding
property and it is hereby
or imprrovementsathereto aby are no
assessments for against the above government,
assessments 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.
DCIP, LL
aY• company
WITNESS Signature DECADE
w,an? 6asou.? A LIMITE
WITNESS Printed Name limited p
By.
WI NESS Signat a del
1.91 w6 c .7'.
WITNESS Printed Name
a Wisconsin limited liability
ccessor by merger with
:) PAN S INCOME PROPERTIES,
P RTN RSHIP, a Wisconsin
t A&
, its Managing Member
Sworn to and subscribed to before me this day of 12010.
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