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MCMAHON FAMILY LIMITED PARTNERSHIP ., ~., to: Earl Barrett Engineering Department *. City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 KEN BURKE, CLERK OF COURT PiNELLAS COUNTY FLORiDA INST# 2007176047 OS/2312007 at 01:09 PM OfF REC BK: 15805 PG: 929-932 DocType:EAS RECORDING: $35.50 o DOC STAMP: $10.50 Parcel I. D. No. 07-29-16-00000-130-0300 RIGHT-OF-WAY, DRAINAGE & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Fifteen Hundred and ---NO/100's --- Dollars ($1500.00) in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, the MCMAHON FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is 1152 Glenmoor Court, Clearwater, FI. 33764-4917 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: ~ A RIGHT-OF-WAY. DRAINAGE AND UTILITIES EASEMENT beina a portion of the Southwest % of the Northeast % of Section 7. Township 29 South. Ranae 16 East. Pinellas County. Florida. as more specifically described and depicted in EXHIBIT "A" (paaes 1 & 2) appended hereto and by this reference made a part hereof. Containina 461.60 sa. ft.. more or less ("easement premises") This easement is for right-of-way, drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain therein bridge structure, stormwater drainage improvements and facilities in accordance with plans and specifications described in Alligator Creek Implementation - Phase II (City of Clearwater Project No. 03-0095- EN), and to inspect and alter such bridge structure, stormwater improvements. and 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 maintain reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. Grantor warrants and covenants with Grantee that it 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 quiet and peaceful possession, use and enjoyment of this easement. C:\Documents and Settings\say\Local Settings\Temporary Internet Files\OLKA\MCMAHON FAM L TD PARTNERSHIP D U EAS 0207.doc . Page 2 - Drainage & Utility Easement Grantor: The McMahon Family Partnership Grantee: City of Clearwater RE: 07-29-16-00000-130-0300 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. ..w-l. IN WIT~HEREOF, the undersigned grantor has caused these presents to be duly executed this ~ day of , 2007. Signed, sealed and delivered in the presence of: McMahon Family Limited Partnership, a Florida limited partnership By: McMahon Holdings, LLC, a Florida limited liability company, its general partner By: STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared John F. McMahon, Jr., managing member of McMahon Holdings, LLC, a Florida limited liability company, the general partner of McMahon Family Limited Partnership, a Florida limited partnership, who, being duly authorized, executed the foregoing instrument on behalf of said entitie nd who knowledged the execution thereof to be his free act and deed for the use and pu rein set f rth. My commission expires: Type/Print Na [ 1'Personally Known [ ] Produced Identification Type of Identification Produced ,.~ ~_ 0 . iy iJ Ifctate 0 lorida . .~~ Sheryl A Foster \. ~ I My Commission 00613552 Of ,,-0 Ex ires 07/13/2007 C:\Documents and Settings\say\Local Settings\Temporary Internet Files\OLKA\MCMAHON FAM L TD PARTNERSHIP D U EAS 0207.doc Scale ,11-301 This is not a survey EXHIBIT" A" ~ NORTH "'" Cfa 00 "10 1-~ ""1- 1lo ""a "- "- \ ~ "- ~"- ~\ CURVE TABLE CURVE RADIUS DELTA ARC C1 750.82' 0715'57- 95.22' C2 750.82' 02"28'02- 32.33' CHORD BEARING N 28"29'03- W N 33"21'02- W CHORD 95.15' 32.33' MC MAHON FAMILY PARTNERSHIP ~ 07/29/16/0000/130/0300 rD - I ~ ~ I 0:: I' Z U 0 0.: ~ u: L.. III 0 ~ w z - ::J LJ tii :Z w L.. ~ 0 ~ - ~I ~I z ::J ~ '\ \ \ \ o '1; ~ ~ \ \ \ \ \ \ CITY OF CLEARWATER ~ NORTHWEST COACHMAN PARK P. 0. C. N ......~ S.E. Comer of ~8.42' S.W. 1/4 of N.E. 1/4 Section 7-29S-16E \ I , t- - - I I e CITY OF CLEARWATER. FLORIDA ENGINEERING DEPARTMENT ..._ IV O. KING LEGAL SKETCH MC MAHON FAMilY PARTNERSHIP PERMANENT EASEMENT -- GlJIct.lAH HEr 1 Of 2 _IV TlM ... 02/07 1ECf-11&I-RNG 7-29S-16E ~ , EXHIBIT "A" LEGAL DESCRIPTION Commence at the S.E. corner of the S.W. i of the N.E. i of Section 7 Township 29S Range 16E and run N 89.59'23" W along the East-West centerline of said Section 7-29S-16E, a distance of 38.42 feet to the Northerly Right-Of-Way line of Old Coachman Road (C.R. 535), also begin a point on a curve concave to the Southwest; thence Northwesterly along said Right-Of-Way line and along the arc of said curve to the left, having a radius of 750.82 feet, a central angle of 07"15'57", an arc length of 95.22 feet and a chord bearing N 28.29'03" W, for 95.15 feet to the Point Of Beginning; thence continue along said curve to the left, concave to the southwest and said Right-at-Way line, having a radius of 750.82 teet, a central angle of 02.28'02", an arc length of 32.33 feet and a chord bearing N 33"21'02" W, tor 32.33 feet to a point on said Northerly Right-Of-Way line; thence leaving said Right-Of-Way line run N 23.17'01" E, 8.35 feet; thence S 66.42'59" E, 27.00 feet; thence S 23.17'01" W, 26.13 teet to the Point at Beginning. Containing 461.60 square feet M.O.L. - CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT ..... IT O. KING _IT llM .... 02/07 LEGAL SKETCH MC MAHON FAMILY PARTNERSHIP PERMANENT EASEMENT ......- GLJotcMIIHO/I ....,. 2 Of 2 SECT-1W!P-RtIO 7-29"-16E . ., II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared John F. McMahon, Jr., managing member of McMahon Holdings, LLC, a Florida limited liability company, general partner of McMahon Family Limited Partnership, a Florida limited partnership, who, being first duly sworn, does depose and say: 1. That the aforesaid entity is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion of the Southwest % of the Northeast % of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly identified as Pinellas County, Florida, parcel #07/29/16/00000/130/0300. 2. That said property is now in the possession of the record owners. 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 t t will be paid during the normal course of business, except: (if none, enter "NONE") 4. That other than easements and restrictions of record, there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, ~ (if none, enter "NONE") 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 above described property for improvements 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. c:\Oocuments and SeUings\say\Local Settings\Temporary Internet Files\OLKA\MCMAHON FAM L TO PARTNERSHIP 0 U EAS 0207.doc Page 2 - Affidavit of No Liens McMahon Family Limited Partnership RE: Parcell. D. # 07-29-16-00000-130-0300 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. McMahon Family Limited Partnership, a Florida limited partnership\ By: McMahon Holdings, LLC, a Florida limited liability company, its general partner By hn F. McMahon, Jr. s managing member Sworn to and subs 'bed to before me this ~ day of 2007. My Commission Expires ~, ").~i ~Off~Cl C:\Documents and Settings\say\Local Settings\Temporary Internet Files\OLKA\MCMAHON FAM L TD PARTNERSHIP D U EAS 0207.doc