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PAPPAS & SONS, LLC Retu rn to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. 01-29-15-55950-000-0020 KEN BURKE, CLERK OF COURT PiNELLAS COUNTY FLORiDA INST# 2007098166 03/22/2007 at 04:37 PM OFF REG BK: 15698 PG: 1584-1586 DocType:EAS RECORDING: $27J)C SIDEWALK & UTILITIES EASEMEN I FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, PAPPAS & SONS, LLC, a Florida Limited Liability Company 901 North Hercules Avenue, Clearwater, Fl. 33765 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("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: The East Five Feet (5') of the followina described parcel: Lot 2, MATHEWS/NIELSEN REPLAT, according to the map or plat thereof, as recorded in Plat Book 109, Page 36 of the public records of Pinellas County, Florida; AND, A PORTION OF LOT 1, MAP OR PLAT ENTITLED MATHEWS/NIELSEN REPLAT, AS RECORDED IN PLAT BOOK 109, PAGE 36 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, MATHEWS/NIELSEN REPLAT AND RUN 1) ALONG THE NORTH RIGHT-OF-WAY LINE OF SUNNYDALE BOULEVARD, N89030'35"W, A DISTANCE OF 23.67 FEET; THENCE 2) LEAVING SAID RIGHT-OF-WAY LINE, THROUGH LOT 1, NOoo27'02"W, A DISTANCE OF 112.00 FEET; THENCE 3) CONTINUE THROUGH SAID LOT 1, S89030'35"E, A DISTANCE OF 24.71 FEET TO THE NORTHWEST CORNER OF LOT 2; THENCE 4) ALONG THE WEST BOUNDARY OF SAID LOT 2, SOoo05'04"W, A DISTANCE OF 112 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2709 SQUARE FEET MORE OR LESS, BEING DEPICTED IN EXHIBIT "A" APPENDED HERETO ("easement premises"). The easement rights granted herein are for perpetual construction and maintenance of a public sidewalk and underground utilities '" The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to construct, install and maintain thereon such public sidewalk and underground utilities, and to inspect and alter same from time to time. Grantor warrants and covenants with Grantee that it is the 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 that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their 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, th duly executed this /~ day of rsigned grantor has caused these presents to be ,2007. PAPPAS & SONS, LLC, a Florida Limited Liability Company By, ~r~ George E. Pappas, Its Managing Member STATE OF FLORIDA : S5 COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /~ day of. /)~A~~A.A./-" , 2007 by George E. Pappas, as Managing Member of PAPPAS & SONS, LLC~mited Liability Company, who, being duly authorized, did execute the foregoing instrument on behalf of said entity, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and who [ ] is personally known to me, or [0 who produced r"t.. zm"/Ve.;L'S u~e as identification. ~~ ~~ My Commission Expires: NO~S~:~~;;~~- - ~ /VI L1~t> .j>~;"Y'~~t> EARLW.BARRETT Type/Print Name ... MYCOMM~ION'OO2ll3214 iXPIRiS, May 2ll, m tf IlMiiflw__..... U:\Easements\PAPPAS & SONS LLC SW - UTILEAS. 021507 doc.doc '\. Scale I" 60 I EXHIBIT "A" ~ This is not a survey NORTH I S~~ ~~S \~~~V 0 1 ~<\. <( ~~<\.y.; 0 0:::: ~~~V 0:::: W I 0 --.J W I CD ~CO I \-\)9>/ 5' I-- 2 I 5' Sidewalk &- Utility 4 Easement I SUNNYDALE BOULEVARD I CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT ..... BY LEGAL SKETCH .... NO. D. KING LGL2oo7-01 _BY SIDEWALK & UTILITY &MEET E. BARRETT EASEMENT 1 OF'1 DA. SECT- ......... 2/13/2007 EAST 5' OF LOT 2 01-29S-1SE 26'28 MA'THEWS/NIELSENREPLA T -.... N/A AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared George G. E. Pappas, as Managing Member of PAPPAS & SONS, LLC, a Florida Limited Liability Company, whom, being first duly sworn, does depose and say: 1. That said Limited Liability Company is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lot 2, MATHEWS/NIELSEN REPLAT, according to the map or plat thereof, as recorded in Plat Book 109, Page 36 of the public records of Pinellas County, Florida; AND, A PORTION OF LOT 1, MAP OR PLAT ENTITLED MATHEWS/NIELSEN REPLAT, AS RECORDED IN PLAT BOOK 109, PAGE 36 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, MATHEWS/NIELSEN REPLAT AND RUN 1) ALONG THE NORTH RIGHT- OF-WAY LINE OF SUNNYDALE BOULEVARD, N89030'35"W, A DISTANCE OF 23.67 FEET; THENCE 2) LEAVING SAID RIGHT-OF-WAY LINE, THROUGH LOT 1, NOoo27'02"W, A DISTANCE OF 112.00 FEET; THENCE 3) CONTINUE THROUGH SAID LOT 1, S89030'35"E, A DISTANCE OF 24.71 FEET TO THE NORTHWEST CORNER OF LOT 2; THENCE 4) ALONG THE WEST BOUNDARY OF SAID LOT 2, SOoo05'04"W, A DISTANCE OF 112 FEET TO THE POINT OF BEGINNING. 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 for labor or materials against said property, other than those which will be paid during the normal course of business, except: (List or insert "NONE"). /\/ () IV {-; .. 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easement and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (List or insert "NONE"). fi/cwc 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 herein described property for improvement 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 the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. WITNESS signatu /" I1N71j(J~ C: Lt6U0111 3'Vl- ~sName ~ TNESS signature ~L ~~~/~/ Print Witness Name Sworn to and subscribed before me this ~ day of ,!r:~ ~~ Notary Public - State of Florida ~I{/ ~c-;f' Type/Print Name PAPPAS & SONS, LLC, a ~ted Liability Company By: ~~ Geo e E. Pappas Its: Managing Member ,2007. My Commission Expires :\p,.RY PUs. .,0 ....... ~i' EARL W. BARRElT *..~ * MY COMMISSION # DD 293214 ">:,~... EXPIRES: May 26,2008 -1"O#,,;I-fl IlonlIIcI TbN .. NOIaIy Services U:\Easements\PAPPAS & SONS LLC SW - UTIL EAS. 021507 doc.doc