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JEFFREY SATMARYReturn to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758 -4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2013209808 06/27/2013 at 09:01 AM OFF REC BK: 18061 PG: 2091 -2094 DocType:EAS RECORDING: $35.50 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, Jeffrey Satmary, whose address is 12311 Twin Branch Acres Road, Tampa, Florida 33626 ( "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 Tying and being situate within a portion of Lot 8 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 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 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 /119963/1] This easement is binding upon the Grantor, the Grantee, their heirs, successors and rights granted herein shall be perpetual and irrevocable and shall run with the land, except 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 this 21 day of •ebrtnary , 2013. Signed, sealed and delivered in the presence of: Witness signature alert K-/e6 Print witness name Witness signature Print witness name STATE OF FLORIDA : ss COUNTY OF ?I'va I (b 5 . JEFFREY SATMARY assigns. The by the written duly executed Before me, the undersigned authority, personally appeared Jeffrey Satmary, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed personally, for thei use and purposes herein set forth, and who [ ] is personally known to me, or who did produce Flo r,ct& Dct'vei s L,'ceA&2 as identification. Nota Public - State of Flori Type /Print Name [A05 -00152 /119963/1] My commission expires: 914/2.6 MATTHEW TIPTON NOTARY PUBLIC STATE OF FLORIDA Comm# EE223480 Expires 9/8/2016 Scale 1" = 20' This is not a survey r EXHIBIT "A" BRENTWOOD DRIVE Tropic Unit Lot 9 2553 Brentwood Drive Block Plat Book 57 20' Drainage and Utility Easement per Plat L_ Legal Description 7.5' NORTH Hills 5' Drainage and Utility Easement per Plot 1 Lot 8 2559 Brentwood Drive 'A // Page 41 A 7.5 foot Drainage Easement described as follows: The West 7.5 feet of Lot 8, 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 � Che LEGAL SKETCH L0_2013 -03 acaco, BY 7.5' DRAINAGE EASEMENT MIT T. wff°ny AT 2559 BRENTWOOD DRIVE 1 2/21/2013 19/29S/16E Return to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758 -4748 Parcel No. 19- 29 -16- 92322 - 001 -0080 CONSENT OF LIEN HOLDER JPMorgan Chase Bank, N.A. ( "Lien Holder"), the current holder of a Mortgage dated April 6, 2012, as recorded April 23, 2012 in Official Records Book 17558, Page 804 of the Public Records of Pinellas County, Florida, hereby consents to the grant of the foregoing Drainage Easement dated February 27, 2013 by Jeffrey Satmary 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 sale of said. property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Easement. SIGNED AND EXECUTED this G day of STATE OF LOUISIANA PARISH OF OUACHITA ,2013 JPMorgan Chase Bank, N.A. By: co(vv ik Print Name/Title O this 'Z day of `Y�(�� , 2013, before me appeared a l'b Kin io,1 , to me pers nally known, who did say that s /he /they is (are) Vice Presid nt of JPMorgan Chase Bank, NA, and that the instrument was signed on behalf of the corporation (or association), by authority from its board of directors, and that s /he /they acknowledged the instrument to be the free act and deed of the corporation (or association). LIFETIME COMMISSION STATE OF FLORIDA COUNTY OF }7,`, 2l Val AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Jeffrey Satmary, whom, being first duly sworn does depose and say: 1. That he is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lot 8 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 April 6, 2012 given in favor of JPMorgan Chase Bank, N.A., as recorded in Official Records Book 17558, Page 804 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 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. 5. That there are no outstanding sewer service charges or assessments payable to any government. 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 /119963/1] Signed, sealed and delivered In the presence of: itness signature 4' bet 4 'k ef-5 Print Witness Name lialftadli_c, Witness signature \ ovw2 e, (D-a∎s Print Witness Name STATE OF FLORIDA I COUNTY OF ?,�1 60, : ss Before me, the undersigned authority, personally appeared Jeffrey Satmary, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed personally, for the use and purposel herein set forth, and who [ j is personally known to me, or who [i'. ] did produce nor ‘'dota. spciJe: S Isaeµ6e as identification. Not 'ry Pu. is - State of Florida Type /Print Name [A05 -00152 /119963/1] My commission expires: ( /$2i :jl MATTHEW TIPTON NOTARY PUBLIC STATE OF FLORIDA Comm# EE223480 Exptre6 W8/2016