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CLEARWATER NEIGHBORHOOD HOUSING SERVICES INC (2)Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019391476 12/09/2019 09:28 AM OFF REC BK: 20799 PG: 930-934 DocType:EASEMENT RECORDING: $44.00 D DOC STAMP: $0.70 SIDEWALK 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, Clearwater Neighborhood Housing Services, Inc., a Florida not-for-profit Corporation, whose mailing address is 608 N. Garden Avenue, Clearwater, FL 33755 ("Grantor"), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("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 hereof ("Easement Premises") This easement is for public sidewalk repair, maintenance and replacement. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to maintain thereon such sidewalk and to inspect and alter and/or replace same 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. The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times for traveling purposes. 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 sidewalk 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 sidewalk constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the sidewalk within the alternate easement. Upon completion of the sidewalk relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. [A05-00152 /242916/1] 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,WHEREOF, the undersigned grantor has caused these presents to be duly executed this �Q day of N , 2019. Signed, sealed and delivered in the presence of: Witness signature Print witness name \ C )Ut Witness signature Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS Clearwater Neighborhood Housing Services, Inc., Grantor � l ,e /di sa T ulley, 'resident :7E0 Before me, the undersigned authority, personally appeared Isay M. Gulley, as President and CEO of Clearwater Neighborhood Housing Services, Inc., who executed the foregoing instrument, and who acknowledged the execution thereof to be his/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 %ve v s Z % 66+-+.6-e- as identification. My commission expires: Notaryu lic - State o F orida S4 a ne2_—?cu e \ Type/Print Name J [A05-00152 /242916/1] SILVIA MIARTINEZ-RANGEL Notary Pubic. State of Florida Y Comm. Expires Oct. 10, 2020 No. GG 37213 AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared 'say M. Gulley, as President and CEO of Clearwater Neighborhood Housing Services, Inc., 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 appended 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.) 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.) 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 /242916/1] IN WITNESS WHEREO , the undersigned grantor has caused these presents to be duly executed this (0 day of 'NC} Yy er( , 2019. Signed, sealed and delivered in the presence of: Witness signature Print witness name Witnessignare P witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS Clearwater Neighborhood Services) Inc., Grantor Housing . Gulley, President ' EO Before me, the undersigned authority, personally appeared 'say M. Gulley, as President and CEO of Clearwater Neighborhood Housing Services, Inc., who executed the foregoing instrument, and who acknowledged the execution thereof to be his/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 V'? YS G; nCe-t as identification. Notary Public - State of Florida Type/Punt Name [A05-00152 /242916/1] My commission expires: A - SILVIA MARTINEZ.RANGEL Notary Public, State of Florida My Comm. Expires Oct. 10, 2020 No. GG 37213 1 I 5' / 1 c a) / I > / 1 Q� in a)"' co Lot 17o 0 / I fl PROPOSED SIDEWALK EASEMENT Lot 13 Lot 12 Block 4 Lot 4 Lot 11 Lot 10 Lot 9 111110 l eol� Poce titin ke Lot 5 _ate( fo Lot 6 Carlton Street 40' RNV Legal Description Lot 7 Lot 8 / A Proposed 5' Sidewalk Easement described as follows: The West 5' of Lots 10, 11 and 12, Block 4, " Carter, Honaker & Bare's Lincoln Place Addition to Clearwater" as recorded in Plat Book 3, Page of the Public Records of Pinellas County, FL. This is not a survey N T, S. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY Jeremy Shaw CHECKED BY Tom Mohony Exhibit "A" Proposed 5' Sidewalk Easement 1403-1405 Roosevelt Avenue DWG. NO. Lg1_2018-12 SHEET 1 OF 1 SECT-TWNSP-RNG 10 - 29 5 - 15 E DATE DRAWN 10/18/19