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ROBERT E CROWN AND HARRY S CLINE - SUCCESSOR TRUSTEES OF THE SHEPHARD FAMILY TRUSTReturn 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# 2014047745 02/20/2014 at 08:52 AM OFF REC BK: 18314 PG: 630 -632 DocType :EAS RECORDING: $27.00 DRAINAGE & UTILITIES 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, ROBERT E. CROWN AND HARRY S. CLINE, Successor Trustees of the Shephard Family Trust U /A/D 2/24/84 as amended by Restatement dated 1/14/11 ( "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: See Exhibit "A" appended hereto and by this reference made a part ( "Easement Premises ") This easement is for drainage and utilities 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 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. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. 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 EREOF, the undersigned grantor has caused these presents to be duly executed this .IN of hift/A- , 2014. Signed, sealed and delivered in the presence of: Print witness name itness signature /OL)kkiei/ el /e - AA, h, Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS SHEPHARD FAMILY TRUST U /A/D 2/24/84 AS AMENDED BY RESTATEMENT U /A/D 1/14/11 By: ROBERT E. CROWN, Successor Trustee , By: HARR INE, Successor Trustee Before me, the undersigned authority, personally appeared ROBERT E. CROWN AND HARRY S. CLINE, who executed the foregoing instrument, and who acknowledged the execution thereof to be their free act and deed personally, for the use and purposes herein set forth, and who [6 is personally known to me, or who [ ] did produce as identification. Notary Public State of Florida Q Type /Print Name My commission expires: ?oatAY D(% Notary Public State of Florida Patricia Celeste Bolle- Bailey . .7 My Commission EE0019$9 11"or s: Expires 08/26/2014 THIS IS tilLff A SURVEY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLK; RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. NLY UNE LOT 1 SLY R/W S GULFVIEW BLVD (BEARING BASIS) LEGEND A C CB LS NLY N0. NW (P) A) POB POC PSM R R/W (s) SLY RNG. SEC. TWP NOTES 1. GEOMETRY AND BEARINGS FOR THIS SKETCH & DESCRIPTION ARE BASED UPON THAT CERTAIN SURVEY TITLED: 'TOPOGRAPHIC BOULEVARD, CLEARWATER, FLORIDA. 33767 ", PREPARED BY SUNCOAST LAND SURVEYING, INC., DATED MAY 11, 2011. THE (SOUTHERLY R/W OF S. GULFVIEW BLVD.) HAVING A BEARING OF S54'51'24'E. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. THIS SKETCH & DESCRIPTION IS BASED ON U.S. SURVEY FEET. 4. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT RIGHTS -OF -WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON THE DOCUMENTS AS NOTED HEREIN AND FIELD BOUNDARY SURVEY. POC NW CORNER LOT 1 POB •les s 'D .s SUBJECT PROPERTY CONTAINING 1652 SQUARE FEET OR 0,0379 ACRES VIOL LOT 1 n BLOCK C, BAYSIDE SUBDMSION 969'6646'. ARC CHORD CHORD BEARING UCENSED SURVEYOR NORTHERLY NUMBER NORTHWEST OVERALL PLAT DATA POINT OF BEGINNING POINT OF COMMENCEMENT PROFESSIONAL SURVEYOR & MAPPER RADIUS RIGHT -OF -WAY DATA CALCULATED FROM SURVEY (SEE NOTE #1) SOUTHERLY RANGE SECTION TOWNSHIP 606(P g eg i 569.E 48 NLY UNE LOT 3, 2 AND 1 SLY R/W S GULFVIEW BLVD -' �¢0 N ' 3.� ›ts, 5, PB 38, PG 38 AND 39 LOT 2 1j.7 l sO� NO. CURVE DATE (P) R -1000' A- 17.26' 4.3 017.26' 26(P) CB-N69'26'37 "W g SEC.17 , TWP. 29S., RNG. 15E. LEGAL DESCRIPTION: A parcel of land being a portion of Lots 1, 2, and 3, Block C, BAYSIDE SUBDIVISION NO. 5, os recorded in Plat Book 38, Pages .38 and 39, Public Records of Pinellas County, Florida. Being further described as follows: COMMENCE at the Northwest corner of Lot 1, Block C. BAYSIDE SUBDIVISION NO. 5, as recorded in Plot Book 38, Pages .38 and 39, Public Records of Pinellas County, Florida.; thence S54'5174 "E, along the Northerly line of said Lot 1, Block C. BAYSIDE SUBDIVISION N0. 5, some being the Southerly Right -of -way of S Gulfview Boulevard (berg the basis of bearings for this description). a distance of 29.36 feet to the POINT OF BEGINNING•, thence leaving said Northerly line of said Lot 1, Block C. BAYSIDE SUBDIVISION N0. 5, some bekig the Southerly Right -of -way of S Guifvlew Boulevard. S35 08'36 "W, a distance of 15.79 feet; thence 557'40'30'E, a distance of 131.76 feet; thence N3508'36 ", o distance of 9.31 feet to the point of Intersection with the Northerly Tine of Lot 3, Block C, said BAYSIDE SUBDIVISION N0. 5, some being said Southerly Right -of-way of S Gulfview Boulevard; thence N54'51'24'W. along the Northerly line of said Lot 3, Block C. the Northerly line of Lot 2, Block C, aoid BAYSIDE SUBDMSION NO. 5 and sold Lot 1. Block C, respectively, same being sold Southerly Right -of -way of S Gulfview Boulevard. o distance of 131.60 feet to the POINT OF BEGINNING. Containing an area of 1652 Square Feet, 0.0379 Acres. more or less. 1 \ ~ y LOT 3 S • S CURVE DATA (P) R =1000' M60.97' 060.96' CB- N6712'41 "W �� 'S OQ2 CURVE DATA (S) Aye R -2700' A- 17.34' C- 17.24' CB■S54'36'38'E W g t LOT 4 o' 30' SCALE: 1' - 30' SURVEY OF 619 S. GULFVIEW NORTHERLY UNE OF LOT 1 TO EASEMENTS. RESTRICTIONS. IS SUBJECT TO AN ACCURATE DEUE CONSULTING ENGINEER$ C "ti 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 PH 727.822.4151 FAX 727.821.7255 W W W.DEUELENGINEERING.COM t ,- CERTIFICATE OF AUTHORIZATION NUMBER 26320 URVEYOI�S;V. . LAND PLANNERS LICENSED BUSINESS NUMBER 107 THIS DOCUMENT IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. SKETCH & DESCRIPTION (WORK GRDERI2011-64 DRAINAGE AND UTILITY DATE: EASEMENT DRAWN. PJL �SCALE: 1._30, 12/10/2013 „`. "EXHIBIT DAVID WIWAM MCDANIELL'PSM, LS 5840 CLEARWATER, PfN MY� A" FLORIDA �T NO. 1 OF 1 Jon 15, 2014 - 8:41om X: \CAI? Project% \Projects \2011 \2011 -64 SHEPHARD'S BEACH RESORT\dwg \survey \2011- 64- draiage- easement. �wg AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared ROBERT E. CROWN AND HARRY S. CLINE, Successor Trustees U /A/D 2/24/84, as amended by Restatement U /A/D 1/14/11, whom, being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit "A" attached hereto and by this reference made a part hereof 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.) On going construction and renovations as of the date hereof. 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: (list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been entered.) Mortgage, Security Agreement and Assignment of Leases and Rents by William M. Shephard, as Trustee of the Shephard Family Trust UTD January 14, 2011, in favor of C1 Bank, a Florida banking corporation, dated as of December 28, 2012, recorded January 3, 2013, in Official Book 17838, Page 1013, 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. Signed, sealed and delivered In the presence of: Witness signature Print Witness Name 4&-e&4e-11&)e- Witness signature e/A- gigei /e &/e Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS SHEPHARD FAMILY TRUST u /a/d 2/24/84, as amended by Restatement u /a/d 1/14/11 By: By: ROBERT E. CROWN, Successor Trustee HARRYS] CLINE, Successor Trustee Before me, the undersigned authority, personally appeared ROBERT E. CROWN AND HARRY S. CLINE, who executed the foregoing instrument, and who acknowledged the,execution thereof to be his free act and deed personally, for the use and purposes herein set forth, and who [ jC] is personally known to me, or who [ ] did produce as identification. �\ otary Public - State of Florida e.3hAv,(0-Zdat Type /Print Name My commission expires: i "tom Notary Public State of Florida Patricia Celeste Bolle- Bailey At My Commission EE001989 a"..0,0s, Expires 08/26/2014 THIS IS NE A SURVEY. THERE MAY BE ADDITIONAL RESiRICT)ONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. NLY UNE LOT 1 SLY R/W S GULFVIEW BLVD (BEARING BASIS) LEGEND A ARC C CHORD CB LS NLY NO. NW (P) A) POB POC PSM R R/W (S) SLY RNG. SEC. TWP NOTES: 1. GEOMETRY AND BEARINGS FOR THIS SKETCH & DESCRIPTION ARE BASED UPON THAT CERTAIN SURVEY TITLED: 'TOPOGRAPHIC BOULEVARD. CLEARWATER. FLORIDA, 33767', PREPARED BY SUNCOAST LAND SURVEYING, INC., DATED MAY 11, 2011. THE (SOUTHERLY R/W OF S. GULFVIEW BLVD.) HAVING A BEARING OF S54'51'24"E. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. THIS SKETCH & DESCRIPTION IS BASED ON U.S. SURVEY FEET. 4. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT RIGHTS -OF -WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON THE DOCUMENTS AS NOTED HEREIN AND FlELD BOUNDARY SURVEY. POC NW CORNER LOT 1 • POB 3e S 1/.90.4. SUBJECT PROPERTY CONTAINING 1652 SQUARE FEET OR 0.0379 ACRES MOL LOT 1 NLY UNE LOT 3, 2 AND 1 SLY R/W S GULFVIEW BLVD BLOCK C, BAYSIDE SUBDIVISION NO. 5, g o is 4. CHORD BEARING UCENSED SURVEYOR NORTHERLY NUMBER NORTHWEST OVERALL PLAT DATA POINT OF BEGINNING POINT OF COMMENCEMENT PROFESSIONAL SURVEYOR & MAPPER RADIUS RIGHT -OF -WAY DATA CALCULATED FROM SURVEY (SEE NOTE #1) SOUTHERLY RANGE SECTION TOWNSHIP 60,3' p 3 13 e!� 6 40, 13' 7j, •)6, PB 38, PG 38 AND 39 LOT 2 O. CURVE DATE (P) R ■1000' A-17.26' C■17.26' CB- N69'26'37 'W g H 2 h n N SEC.17 , TWP. 29S., RNG. 15E. LEGAL DESCRIPTION: A parcel of land being a portion of Lots 1, 2, and 3, Block C, BAYSIDE SUBDIVISION NO. 5, as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida. Being further described as follows: COMMENCE at the Northwest corner of Lot 1, Block C. BAYSIDE SUBDIVISION NO. 5, as recorded in Plot Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida; thence S54"51'24'E, along the Northerly line of said Lot 1, Block C, BAYSIDE SUBDIVISION NO. 5, some being the Southerly Right -of -way of S Gulfview Boulevard (being the basis of bearings for this description), a distance of 29.36 feet to the POINT OF BEGINNING; thence leaving said Northerly line of saki Lot 1, Block C. BAYSIDE SUBDIVISION NO. 5, same being the Southerly Right -of -way of S Guliview Boulevard, S35'08'36'W, o distance of 15.79 feet; thence S57'40'30'E, a distance of 131.76 feet; thence N35'08'36 ", a distance of 9.31 feet to the point of intersection with the Northerly line of Lot 3, Block C, said BAYSIDE SUBDIVISION NO. 5, same being said Southerly Right - of-way of S Gulfview Boulevard; thence N54'51'24'W, along the Northerly line of said Lot 3, Block C. the Northerly line of Lot 2, Block C, said BAYSIDE SUBDIVISION NO. 5 and said Lot 1, Block C, respectively, same being said Southerly Right - of-way of S Guliview Boulevard a distance of 131.60 feet to the POINT OF BEGINNING. Containing an area of 1652 Square Feet, 0.0379 Acres, more or less. co •e& _ • �. 8 LOT 3 CURVE DATA (P) R -1000' A■60.97' C- 60.96' CB -N67 12'41 "W oy .'S Oet, CURVE DATA (s) ,%.03 ▪ R -2700' • A- 17.34' C- 17.24' CB -S54 36'36'E 565 SOUTH HERCULES AVENUE CLEARWATER, FL S . C IAT E S PH 727.822.4151 Floc DEUELENGINEERING COM S CERTIFICATE OF AUTHORIZATION NUMBER 26320 LAND PLANNERS LICENSED BUSINESS NUMBER 107 CONSULTING ENGI W g O 2 LOT 4 0' 30' SCALE: 1" - 30' SURVEY OF 619 S. GULFVIEW NORTHERLY UNE OF LOT 1 TO EASEMENTS. RESTRICTIONS. IS SUBJECT TO AN ACCURATE THIS DOCUMENT IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. SKETCH & DESCRIPTION WORK ORDER�2011 -64 DRAINAGE AND UTILITY DATE: DRAM: PJL EASEMENT SCALE 1• -30' DAVID WILLIAM MCDANIE . PSM, LS 5840 "S COUNTY A" SHEET NO. 1 OF 1 �,�t CLEARWATER, PINELLAS COUNTY FLORIDA Jan 15, 2014 - 8:41am'X:\GAO Pro)ecteVerojects \2011 \2011 -64 SHEPHARDS BEACH RESORT\dwg\ survey \2OT1- 64- draiage- easement. wg 12/10/2013