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LAURA NALL CONNOLLY TRUSTEE OF THE LAURA NALL CONNOLLY REVOCABLE TRUST ,. ., '""'l! f '. INST # 97-209126 IJLY 23, 1997 1:05PM I .' ./ return to: PINELLAS COUNTY FLA. OFF.REC.BK 9781 PG 2301 Prepared by & Earl Barrett Engineering Administration City of Clearwater O. Box 4748 Cle.Hwilter, Fl. 34618-4748 EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to her, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, ~ , r "" --, Laura NaIl Connolly, Trustee of the Laura NaIl Connolly Revocable Trust dated February 28, 1988 317 North Hillcrest Drive Clearwater, Fl. 34615-5015 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, coincident with final approval by the Board of Commissioners of Pinellas County, Florida of that certain Petition to Vacate a portion of County Road 31 dated JrUNe/~~, an easement over, under and across the following described land, lying'and being situate in the County of Pinellas, state of Florida, to-wit: The North 25 feet of the South 35 feet of that certain parcel of land lying and being situate in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto and made an integral part hereof. Containing 6,492 square feet, more or less. This easement is for sanitary sewer purposes and for ingress and egress purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any sani tary sewer facilities and road right-of-way, and to inspect and alter such sanitary sewer facilities and road right-of-way from time to time. .JN WITNESS WHE~y th€7 party hereto has set her hand and seal this ftJ -' day of ~ ' 199~. , By: 4~ YttLLG tOlMUJ?~ I !Jnuk aura NaIl Connolly, T stee of the Laura NaIl Connolly Revocable Trust dated February 28, 1988. WITNESS ~;:AII76/~~z Witness' Printed Signature 11 RECORDING ACCT \ 0001D REC 10.sC? fEES MTF yifE-$'PTGf(.. PIC DOC,l 0 INT TOTAL d.O"~ /1 '16 DoclimerltAlry Tu Pd.. . ,ID Intangible Tex .Pd. Kerleen F.Oelfekllll', Clerll:, Pin.f1~ County 8~ '==ft t) . Deputy elerk ) J.ji I ~I /,<'1i ....,/-/ C." (iq) 1 1 PINELLAS COUNTY FLA. OFF.REC.BK 9781 PG 2302 Page 2 - Grantor: Grantee: RE: Sanitary Easement & Ingress/Egress Easement Laura Nall Connolly, Trustee City of Clearwater, Fl. a portion of CR 31 to be vacated STATE OF FLORIDA COUNTY OF PINELLAS T~~ foregoing instrument was acknowledged before me this /d~ day of 1'J71~ ,199 L by Laura Nall Connolly, Trustee of the Laura Nall Con~~rly Revocable Trust dated February 28, 1988. FLORIDA [~~rsonally Known [ ] Produced Identification Type of Identification Produced GELLER 01 FIoIIda ..QIIII....OcL 25, 1999 c.n..tc 505869 ; I I PINELLAS COUNTY FLA. OFF.REC.BK 9781 PG 2303 EXHIBIT "A" (Attached to and a.. part of that certain contingent 25 foot Sanitary Easement & IngresslEgress Easement dated IIfMclt /0 . , 199L given by Laura Nail Connolly, Trustee, to the City of Clearwater) LEGAL DESCRIPTION FOR - Proposed partial vacation of County Road 31: ALL BEING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COl\fl\IENCE AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND DESCIUBED IN OFFICIAL RECORDS BOOK 5879, PAGE 1052 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (SAID INSTRUMENT BEING A 'V ARRANTI' DEED TO DONALD AND VERNA GALLANT), SAID NORTHWEST CORNER BEING 37.97 FEET WEST OF THE NORTHEAST CORNER OF TRACT C, MYRON A. Sl\fITH'S BAY VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 57 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD #31, THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY N 67029'05" E, 138.99 FEET TO THE POINT OF BEGINNING; THENCE N 21046'25" "', 66.04 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-'VAY OF SAID COUNlY ROAD #31; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N 67029'05" E, 251.74 FEET; THENCE S 22030'55" E, 66.03 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD #31; THENCE ALONG SAID SOUTHERLY RIGHT-OF-'VAY S 67029'05" W, 259.60 FEET TO THE POINT OF BEGINNING. CONTAINING 16,651.06 SQUARE FEET OR 0.38 ACRES MORE OR LESS. SUBJECT TO AN EASEMENT FOR SANITARY SEWER AND INGRESSIEGRESS OVER THE NORTH 25 FEET OF THE SOUTH 35 FEET OF ABOVE DESCRIBED REAL PROPERTY TO BE GRANTED TO mE CITY OF CLEARWATER. FLORIDA. ContainiDl:! 6.492 square feet. more or less. ~" .~ . .., EXHIBIT" B" GULF - TO- BAY BL VD. (S.R. 60) o I"- lpINELLAS COUNTY FLA. OFF.REC.BK 9781 PG 2304 2 Su'Jeet Property ~ ~) ~) A t!QIE: This is not a survey! VAC96-15.dwg Rf.4S 12/16/96 ... J I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Laura NaIl Connolly, Trustee of the Laura NaIl Connolly Revocable Trust dated February 28, 1988, whom, being first duly sworn, does depose and say: 1. That said trust is the contingent owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: The North 25 feet of the South 35 feet of that certain parcel of land lying and being situate in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto and made an integral part hereof. Containing 6,492 square feet, more or less. 2. That said property is now a portion of the public right of way of County Road 31 which is subject to a Petition to Vacate being brought before the Board of Commissione.!s of Pinellas County, Florida. Upon approval of said petition, title to said vacated right-of-way shall vest with and be in possession of the grantor. 3. That there has been no labor performed or materials furnished on said property by grantor for which there are unpaid bills for labor or materials against said property, except: NONE 4. That grantor has caused no liens or encumbrances of any nature to encumber or effect title of the property hereinabove described, except: NONE. 5. That it is hereby warranted that no notice has been received by grantor for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments for which grantor may b.e liable against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there is no outstanding sewer service charges or assessments owed by grantor and payable to any government. .. I I "..- Page 2 - Affidavit of No Liens For: Sanitary Easement & Ingress/Egress Easement Grantor: Laura NaIl Connolly, Trustee Grantee: City of Clearwater RE: a portion of CR 31 to be vacated 7. inducing thereon. That the representations CITY OF CLEARWATER, its VL-- embraced herein are for the purpose of agents, successors and assigns to rely By: 'i G.A..uL.t(. na.L€. (!Crrv11JLfk 7/lJA~ Laura Nall Connolly, Tr~tee of the Laura NaIl Connolly Revocable Trust dated February 28, 1988. Sworn to and subscribed to before me this I~day of ;1.7?~ , 199;;7 . OF FLORIDA '" \ _af _ _~ MyCamm.EllLOIta_ [~ Personally Known Qna,~... [ ] Produced Identification Type of Identification Produced " '. I I EXHIBIT "A" (Attached to and a' part of that certain contingent 25 foot Sanitary Easement & Ingress/Egress Easement dated IJ(~ /0 . 199 L given by Laura Nail Connolly, Trustee, to the City of Clearwater) LEGAL DESCRIPTION FOR - Proposed partial vacation of County Road 31: ALL BEING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COl\1MENCE AT THE NORTffiVEST CORNER OF THAT CERTAIN TRACT OF LAND DESCIUBED IN OFFICIAL RECORDS BOOK 5879, PAGE 1052 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (SAID INSTRUMENT BEING A \VARRANTY DEED TO DONALD AND VERNA GALLANT), SAID NORTffiVEST CORl'rER BEING 37.97 FEET \"EST OF THE NORTHEAST CORNER OF TRACT C, l\1YRON A. SMITH'S BAY VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 57 OF THE PUBLIC RECORDS OF PINELLAS COUN'IT, FLORIDA, AND BEING A POINT ON THE SOUTHERLY RIGHT-OF-\VAY OF COUNTY ROAD #31, THENCE ALONG SAID SOUTHERLY RIGHT-OF-\VAY N 67029'05" E,138.99 FEET TO THE POIN! OF BEGINNING; THENCE N 21046'25" W, 66.04 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-\VAY OF SAID COUNTI' ROAD #31; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N 67029'05" E, 251.74 FEET; THENCE S 22030'55" E, 66.03 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTI' ROAD #31; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S 67029'05" W, 259.60 FEET TO THE POINT OF BEGINNING. CONTAINING 16,651.06 SQUARE FEET OR 0.38 ACRES MORE OR LESS. SUBJECT TO AN EASEMENT FOR SANITARY SEWER AND INGRESSIEGRESS OVER THE NORTH 25 FEET OF THE SOUTH 35 FEET OF ABOVE DESCRIBED REAL PROPERTY TO BE GRANTED TO THE CITY OF CLEARWATER. FLORIDA. Containine 6.492 square feet. more or less. EXHIBIT "B" <:. ""' ". GULF - TO- SA SL YD. (S.R. 60) o " I ~) Su'Jeet Property ~ ~) bt llillE: This is not a survey! VAC96-15.d"g Rt.tS 12/16/96 I I I. City of Clearwater Interdepartment Correspondence Sheet TO: Janis Przywara, Senior Legal Staff Assistant Earl Barrett, Real Estate Services Manager ~ Easement grant from Laura Nail Connolly to the City DATE: June 24, 1997 RECEIVED JUN 2 6 1997 CITY ATI0RNEV rti!-- ~ FROM: SUBJECT: BACKGROUND: In 1988 Pinellas County purchased lands from Laura Nall Connolly to be used as retention area for the new Bayside Bridge. A provision of the purchase agreement required the County to vacate a portion of County Road 31, which would then attach to the balance of Mrs. Connolly's property. As I understand the history after 1988, the City objected to the vacation because it has a sanitary line running within the right-of-way. Since then nothing was done to comply with the vacation provision until that objection was finally resolved in March of this year when Mrs. Connolly gave the City both a sanitary sewer easement and an ingress and egress easement over the portion of the right-of-way proposed to be vacated. ATTACHMENTS: 1) Copy of 3/12/97 Tom Miller letter to attorney Deborah Pointer Kynes documenting no objection by the City to the proposed vacation following execution by Mrs. Connolly of the required easement that would become effective when, and only when, the County finalized the right-of-way vacation. 2) Copy ofBOCC Resolution 97-154 formerly vacating the subject CR 31 right-of-way. 3) The original easement document executed by Mrs. Connolly (to be recorded after acceptance by the Clearwater City Commission). A completed DR 219 form is attached for signature by a member of the City Attorney's staff. 4) An executed Affidavit of No Lien signed by Mrs. Connolly (for City Clerk records. but not to be recorded). Please have the easement presented to the City Commission for acceptance at its next meeting on July 17, 1977, and for recording thereafter in Pinellas County Public Records. I I . 1"""'; ",<\~ f\llW r", #..... .~_\ .~.,.:........~~......... .&."1,0'_ ......... ..':-::: .' I ff;/fi.... - fit' \ , - ~ "~.~" -..'Yi_ (. -:. ~ "I "C?'~L_--"-.~.. 'oc::('''' "I-:'.c'". _ ~ "',,",':. .....'.'...." Sl~ ... .... -. . . l\:"'~ ~~-'" . . ,"r-.''\' -.:.,(' 11/11...;.~..,.t~" .....r. TEO ,. II #~ {\...' '".,,- CITY OF CLEARWATER POST OffiCE Box 4748, CLEARWATER, FLORIDA 34618-4748 March 12, 1997 Ms. Deborah Pointer Kynes Harper, Kynes, Geller, Watson & Buford, P.A. 121 North Osecola Avenue, Suite 300 Clearwater, Florida 34615 RE: Application to vacate a portion of County Road 31 Dear Ms. Kynes: This letter will serve to confirm receipt by the Engineering Department of the City of Clearwater of a properly executed Sanitary Easement and Ingress and Egress Easement over, under and across the north 25 feet of the south 3S feet of a portion of County Road 31 as described in the Special Purpose Survey For Partial Vacation of County Road #31 perfonlled and certified by Frederick S. Bachmann, FPS #5174 dated December 2, 1996. It is understood by the parties that this easement shall only become effective upon approval by the Board of County Conuuissioners of the partial vacation of County Road #31 as described in the above referenced survey. TIlls letter wiu also serve to inform you that the City of Clearwater has no objection to the petition you plan to file with Pinellas County to vacate that portion of State Road #31. Please notify Earl B~ett at 562-4754 upon final approval of the petition to vacate. The easement will then be presented to the Clearwater City Commission for its approval and acceptance. mas . jl er Assistant Director of EngineeringlEnvironmental cc: Richard J. Baier, City Engineer William Shepard, Engineering Drafting Supervisor Earl Barrett, Real Estate Services Manager (i) "EQUAL EMpLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" _ t .A' I I RESOLUTION NO. 97-154 RESOLUTION VACATING A PORTION OF A 66.0 FOOT RIGHT OF WAY KNOWN AS COUNTY ROAD 31, SOUTH OF TRACT "A" AND NORTH OF TRACT "B", MYRON A. SMITH'S BAY VIEW SUB, AS RECORDED IN PLAT BOOK 25, PAGE 57, RESERVING AN INGRESS-EGRESS. AND l\fAINTENANCE EASKMENT OVER THE NORTH 25.0 FEET OF THE SOUTH 35.0 FEET, AND RESERVING A DRAINAGE EASEMENT OVER THE ENTIRE VACATED AREA, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 16, TO\VNSHIP 29 SOUTH, RANGE 16 EAST. WHEREAS, Laura Nail Connolly, Tr., represented by Deborah Pointer Kynes, of Harper, Kynes, Geller, Watson & Buford, P.A., petitioned this Board of County Commissioners to vacate the following described property: lands described in legal description attached hereto and by this reference made a part hereof; and \VHEREAS, the Petitioner has shown that the requested vacation will not cause inj ury to surrounding property or property owners, and said property sought to be vacated does not now serve, and is not needed for any public purpose; and WHEREAS, the Publisher's Affidavit, showing compliance with the notice requirement of Chapter 336.10 of the Florida Statutes, has been received by the Board. ~ !,' I I >c NOW, THEREFORE, BE IT RESOLVED by the Board of County-- Commissioners of Pinellas County, Florida, in regular session duly assembled on this 10th day of June, 1997, that the above described property be, and the same is hereby vacated insofar as this Board has the authority to do so. BE IT FURTHER RESOLVED that this resolution, the proof of publication of the notice of public hearing, and the proof of publication of the notice of adoption hereof, be recorded in the deed records of Pinellas County, Florida. Commissioner Todd offered the foregoing resolution and moved its adoption which was seconded by Commissioner and upon roll call, the vote was: Seibert AYES: NAYS: None. ABSENT AND NOT VOTING: Stewart, Todd, Parks, Seibert and Harris. None. ..I e1~1iI!~;=!= .....r..... 'Il!i~!u= i~i~~~i~~~ H - ii' . I , 1~~:5'~ii: : ........... t '~ii5"'" t I:_,_hm ~E:~li~~'i ~t'~'~!A, .'i=1 ,'.i 111~;h ".Si!SnS m:':IUI ""."- II- ..f'I..~.. uale!I' I . ! . s rSlm i.~e;iiii I'!~e&..' ~ji ~r!l .. ~ d . . ~ ! tf ~ ~) ~JI~ ;, l , . ~~\ -'\ ~ 1 ~ ~ ! )~I - 0 n' . I ~ ; i ~ ~~~ ~d~ ~..t ~ ~ -t J : It !r ~ :1 J~f:I "9:- ~s. t ;i't} - 3P.... i ,~;;- ~ ~ig ~~? ~ ..j~ " ~s" ~ Ei : i -\ a d ~" H ~~ "~ .. 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