BARBARA L GILBERT AS TRUSTEE FOR THE ELIZABETH A NICOL TRUSTReturn to:
Chuck Lane
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FL 33758 -4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2013209809 06127/2013 at 09:01 AM
OFF REC BK: 18061 PG: 2095 -2098
DocType:EAS RECORDING: 535.50
1 DRAINAGE 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, Barbara L. Gilbert, as Trustee
for The Elizabeth A. Nicol Trust dated August 16, 2010 ( "Grantor") does hereby grant and convey to the
City of Clearwater, Florida, a Florida Municipal Corporation ( "Grantee "), its licensees, agents, successors
and assigns a non - exclusive easement over, under, across and through the following described land lying
and being situate in the County of Pinellas, State of Florida, to wit:
A DRAINAGE EASEMENT lying and being situate within a portion of Lot 9 in Block A of
Tropic Hills unit 1 according to the plat thereof recorded in Plat Book 57, Page 41 of the
Public Records of Pinellas County, Florida, being more particularly described and depicted in
EXHIBIT "A" appended hereto and by this reference made a part hereof ( "Easement
Premises ")
This easement is for drainage facilities installation and maintenance only. The CITY OF
CLEARWATER, FLORIDA, shall have the right to enter upon the above - described premises to construct,
reconstruct, install and maintain therein the herein referenced drainage facilities, together with
appurtenances thereto (collectively, "Facilities "), and to inspect and alter such Facilities 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 promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon
completion of any work activities 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, and on each and
every succeeding occasion thereafter. 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 Grantor is the owner of fee simple title to the
herein described Easement Premises, and that Grantor has full right and lawful authority to grant arid
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 Florida Statute 768.28, agrees to indemnify and hold harmless
Grantor from and against 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.
[A05 -00152 /119962/11
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�IVk1EREOF the undersigned grantor has caused these presents to be duly executed
this 2-(0 day of (}�F,X J , 2013.
Signed, sealed and delivered
in the presence of: BARBARA L. GILBERT, Trustee
i ness signature
ss
Print witness name
r
Witness signature
'Bt(1-4.
Print witness name
STATE OF CC oncct ' :
: ss ;' •
COUNTY OF 44111-4k4)
Barbara L.
rustee
Before me, the undersigned authority, personally appeared Barbara L. Gilbert, who executed the
foregoing instrument, and who acknowledged the execution thereof to be her free act and deed personally,
for the use and purposes herein set forth, and who [ 1 is personally known to me, or who [ 1 did produce
IBS �b`'c �c� as identification.
Notary Public - States€- FIer#da SINPIIVA G C:N
Type Print Name
lk.°61
[A05 -00152 /119962/1]
My commission expires:
GISSEL A. MUNOZ
NOTARY PUBLIC
My Commission Expires Oct. 31, 2014
Scale 1" = 20'
This is not a survey
r
EXHIBIT "A"
BRENTWOOD DRIVE
7.5'
Tropic
Unit
Lot 9
2553 Brentwood Drive
Block
Plat Book 57
20' Drainage and Utility
IEasement per Plat
1_
Legal Description
_didioilIII'IIiohli..
NORTH
Hills
5' Drainage and Utility
Easement per Plat
1
Lot 8
2559 Brentwood Drive
Page 41
_1
A 7.5 foot Drainage Easement described as follows:
The East 7.5 feet of Lot 9, property described in the plat titled
"Tropic Hills Unit -1" as recorded in Plat Book 57, Page 41 of
the Pinellas County Public Records, Florida.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
L Cheeeek LEGAL SKETCH L91_2013 -04
MIXED w 7.5' DRAINAGE EASEMENT MET
T. kla1iony AT 2553 BRENTWOOD DRIVE 1 OF 1
ax
2/21/2013 19/29S/16E
Return to:
Chuck Lane
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FL 33758 -4748
Parcel No. 19- 29 -16- 92322 - 001 -0090
CONSENT OF LIEN HOLDER
Regions Bank d /b /a Regions Mortgage ( "Lien Holder"), the current holder of a Mortgage dated
January 11, 2008, as recorded in Official Records Book 16123, Page 1443 of the Public Records of
Pinellas County, Florida, hereby consents to the grant of the foregoing Drainage Easement by Barbara
Gilbert, as Trustee for The Elizabeth A. Nicol Trust dated August 16, 2010, to the City of Clearwater,
Florida, and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event
of the foreclosure of said mortgage, or other :ale of said property described in said mortgage under
judicial or non - judicial proceedings, the same shall be sold subject to said Easement.
r
SIGNED AND EXECUTED this / I :I day of
, 2013
RegionssB,la /b /a Regi Mortgage
ByV (tit'et‘4
ys' - A, )1 C C ,2 4Z-,
Z_ C
Print Name/Title
r Befgre me th undersigned authority, on this day appeared 72fLi diet 4 .as
• of Regions Bank d /b /a Regions Mortgage known to me to be the
person and Officer whose name is subscribed to the foregoing instrument and who acknowledges to
me that he /she executed the same for the purposes and considerations therein expressed, in the
capacity therein stated, as the act and deed of said Bank. //�
Given under my hand and seal of office this /eo1`� -day of
,.•• of MISS ••.
...• � ,t0E.N Np `'SSA :
9$7
•
Io# 80459
NOTARY PUBLIC
COMM. Expires
March 9, 2014
, 2013
Notary Public State of- F.Icri +
•
My commission expires:34
•
AFFIDAVIT OF NO LIENS
STATE OF :
: ss 62, ` P'
COUNTY OF ' :
BEFORE ME, the undersigned authority, personally appeared Barbara L. Gilbert as
Trustee for The Elizabeth A. Nicol Trust dated August 16, 2010 whom, being first duly sworn
does depose and say:
1. That she is authorized to execute the forgoing instrument on behalf of said trust and that
said trust is the owner of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
Lot 9 in Block A of Tropic Hills unit 1 according to the plat thereof recorded
in Plat Book 57, Page 41 of the Public Records of Pinellas County, Florida
2. 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 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.)
3. 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, except:
That certain mortgage and other instruments of security dated January 8, 2008, given in
favor of Regions Bank d /b /a Regions Mortgage, as recorded in Official Records Book
16123, Page 1443 of the Public Records of Pinellas County. Florida.
4. That no written notice has been received for any public hearing regarding assessments
for improvements by any govemment, 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.
5. That there are no outstanding sewer service charges or assessments payable to any
govemment.
6. 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 easement herein being conveyed to encumber the above - described
property.
[A05 -00152 /119962/1]
Signed, sealed and delivered
In the presence of:
ess signature
Print Witness Name
Witne s signature
Print Witnessae
STATE OF (Din eL w j
: ss
COUNTY OF 1-1 ,
tSQf 1j
ara L. ilb= , as Tru ee of The
Elizabeth icol Trust dated August
16, 2010
Before me, the undersigned authority, personally appeared Barbara L. Gilbert, who executed the foregoing
instrument, and who acknowledged the execution thereof to be her free act and deed personally, for the use and
purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce
lb s 00'02).(0 as identification.
C�ISa Java.
Type /Print Name
[A05 -00152 /119962/1]
5r+1-4( 0 f CT
My commission expires:
GISSEL A. MUNOZ
NOTARY PUBLIC
t 1,4nroiuion Expires Oct. 31, 2014