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DISCOUNT AUTO PARTS INC ,. ~ ')." '- KARLEEN F. DE BLAKER, CLERK OF COURT LAS COUNTY FLORIDA r~~~~ 200425581406/23/2004 at 05:13 PM OFF REC BK: 13660 PG: 2234-2236 DocType:EAS RECORDING: $27.00 Return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel No. 08-29-16-00000-220-0400 and unnumbered parcel adjacent thereto SANITARY AND UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Five Thousand and -NO/100-- Dollars ($5,000.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, DISCOUNT AUTO PARTS, INC., a Florida corporation 5673 Airport Road, Roanoke, Virginia 24012 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA ("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: From the NW Corner of the NWY4 of Section 8, Township 29 South, Range 16 East, run along the Section Line SOoo54'44"W, 223.13 feet; thence S89005'16"E, 100.00 feet to the East right-of-way line of U. S. Highway No. 19; thence S89040'09"E, 150.61 feet; thence NOoo48'44"E, 163.95 feet to a POINT OF BEGINNING; thence continue NOoo48'44"E, 10.00 feet; thence S89035'34"E, 100.01 feet; thence SOoo54'44"E, 10.DO feet; thence N89040'09"W along the northerly limit of that certain Drainage & Utility Easement as recorded in O. R. Book 5775, Page 963, Public Records of Pinellas County, Florida, 10.00 feet; thence SOoo54'44"W, 16.00 feet; thence N44022'43"W, 22.51 feet; thence N89040'09"W, 74.00 feet to the POINT OF BEGINNING. Containing 1,135.00 square feet, more or less. Said easement area is shown on Exhibit A attached hereto. This easement is solely for sanitary sewer purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to construct, install and maintain thereon any sanitary sewer facilities and to inspect and alter such sanitary sewer facilities from time to time. Grantee shall maintain any and all of Grantee's sanitary facilities installed upon the above-described premises. Grantee shall require that not later than completion of construction and installation, and following all future maintenance or replacement activities, the easement premises shall in all such instances be restored as near as practical to conditions existing prior to such construction, installation, maintenance or replacement. Page 1 of 2 /1/ ~O /~/.~ ,/'1" ~ ., "",.., l . Grantor hereby warrants and covenants with Grantee that Grantor is the lawful 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. It is expressly understood and agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. The easement herein granted, and the covenants and restrictions hereby imposed, shall be easement, restrictions and covenants running with the land, intended where appropriate to bind the Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of this Grant of Easement as if said person, firm or entity were original parties hereto. IN W1T~SJ WHEREOF, the Grantor has caused the presents to be executed this .J!'day of 1\ ' , 2004. - Signed, sealed and delivered 1S, INC., in the presence of: ~lY1.~ WITNE~S signature, n fl Y\e, M. ~e,- Witness' 'Printed Signature By: COMMONWEAL 1H OF VIRGINIA :ss COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this ~ day of ~n. \ , 2004 by Jimmie L. Wade, as President of Discount Auto Parts, Inc., a Florida corporation, who I personally known to me, whom, being duly authorized by said corporation, did execute the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed. ~ Type/Print Name 5,.... ~ ~ o 'C)IY <L " My Commission Expires:MY Commlc;s\oli txnires OclnnCi 31, 2006 Page 2 of 2 . EXHIBIT "A" Scale 111 = 201 This is not a survey 3: N.W. Cor. Sect.8 Twsp.29S Rng.16E STATE ROAD 590 S 89"35'34" E w ':,r. '<1'0 ':,ro lO' "0 0...... o (I) ':,rl") ~r0 ~~ o o (I) S 89"05'16" E 100.00' ':.;t. '<I'lO . 0'1 to. '<1'1") OlD g.... +' C (\) E (\)1") cnlD ~O'l ~d> ::0- :;:; :::IlO ~r:::: (\) lO 0> . 00:: C 'e 0 Cl a z S 89'40'09" E 150.61' 0> ~ >= :: J: vi ::> CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DRA-.N BY O.KING otEau:D BY R.K. DATE 02/05/2004 ..... , 273A LEGAL DESCRIPTION SKETCH ADVANCE AUTO PARTS DRAINAGE & UTILITY EASEMENT DWCl NO. Lg12003-06 SHEET 1 OF 1 SECT- TWSP-RHC 08-29S-16E """"AHa: N/A AFFIDAVIT OF NO LIENS COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE : ss BEFORE ME, the undersigned authority, personally appeared Jimmie L. Wade as President of Discount Auto Parts, Inc., a Florida corporation, whom, being first duly sworn, does depose and say: 1. That said corporation is owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: From the NW corner of the NW % of Section 8, Township 29 South, Range 16 East, run along the Section Line SOoo54'44"W, 223.13 feet; thence S89005'16"E, 100.00 feet to the East right-of-way line of U. S. Highway No. 19; thence S89040'09"E, 150.91 feet; thence NOoo48'44"E, 163.95 feet to a POINT OF BEGINNING; thence continue NOoo48'44"E, 10.00 feet; thence S89035'34"E, 100.01 feet; thence SOoo54'44"E, 10.00 feet; thence N89040'09"W along the northerly limit of that certain Drainage & Utility Easement as recorded in O. R. Book 5775, Page 963, Public Records of Pinellas County, Florida, 10.00 feet; thence SOoo54'44"W, 16.00 feet; thence N44022'43"W, 22.51 feet; thence N89040'09"W, 74.00 feet to the POINT OF BEGINNING. Containing 1,135 square feet, more or less. Said area is shown on Exhibit A attached hereto. 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 or labor or materials against said property, except those which shall be paid during the normal course of business, and No others. 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except easements and restrictions of record and matters shown on Exhibit B attached hereto and No others. 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 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 CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. LW~ B. Page 1 of 2 COMMONWEALTH OF VIRGINIA :ss NOT Type/Print Name S l . 5.(\.-.... ~. HOlY JJ- - My Commission Expires: MyCommlsslrm8<pires Oclober31, 2006 Page 2 of2 EXHIBIT "A" Scale 1 N = 20' This is not a survey 3= ':q-I"') ~r-j I[)~ o o (f) S 89'05'16" E 100.00' 0) ...... ~ ~ J: en => CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING LEGAL DESCRIPTION SKETCH ADVANCE AUTO PARTS DRAINAGE & UTILITY EASEMENT N. W. Cor. Sect.8 Twsp.29S Rng.16E STATE ROAD 590 ':q- '<I" 00 '<I" o o ':q-. '<1"1[) . 0) ro. '<1"1"') 0<0 o~ z S 89'40'09" E 150.61' ....... BY a.KING otEaCED BY R.K. DAlE 02/05/2004 llRlD' 273A w ':q-. '<1"0 ':q-o ~ci o~ o (f) +' c: Q) E Q) I"') en CD L30) 1;'0, =Cl.. :;:; =>1[) <Ill!::: Q) I[) 0> . o a:: c: .~ ci Cl a owo. N" Lg12003-06 SHEET 1 OF 1 SECT - Tw.iP-RNG 08 29S-16E ORDIN...CE N/A EXHIBIT B Subject to an easement for right of way purposes as recorded in Official Records Book 5775, page 966, Public Records of pinellas County, Florida. Subject to an easement for drainage, utility installation and maintenance as recorded in Official Records Book 5775, page 963, Public Records of ,Pinellas County, Florida. 1 Subject to an easement for drainage, utility installation and maintenance tas recorded in Official Records Book 3977, page 915, Public Records of lPinellas County, Florida. ~Matters as shown on that certain survey dated {George A. Shimp and Associates, Inc., Job No. la. Encroachment of .50 foot curb (typ.) over I easement recorded in O.R. Book 5775, page 966 boundary of Parcel I. ,b. Encroachment of asphalt and concrete pad into drainage and utility easement recorded in O.R. Book 5775, page 963 on the South boundary of Parcel I. c. Encroachment of 6 foot wooden fence over and into the drainage and utility easement recorded in O.R. Book 3977, page 915 on the South boundary of Parcel I. d. Encroachment of 6 foot wooden fence over and into adjoining property on the South and East boundary lines of Parcel I. e. Encroachment of asphalt and concrete curbing over and into the drainage and utility easement recorded in O.R. Book 3977, page 915 on the East boundary of Parcel I. f. Encroachment of 5 foot sidewalk over and across Parcel II. September 13, 1994, by 940474 as follows: and into right of way on the most Westerly