POWER LEGAL ADVISORY, INC.
RETURN TO:
Earl Barrett
Engineering Dept.
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200740480812/28/2007 at 12:47 PM
OFF REC BK: 16101 PG: 1498-1501
DocType:EAS RECORDING: $35.50
D DOC STAMP: $0.70
RE: Parcel 22-29-15-49045-000-0020
INGRESS/EGRESS EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, and the
covenants and stipulations herein contained, POWER LEGAL ADVISORY, INC., a Florida
Corporation ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER a Florida
municipal corporation, its successors and assigns ("Grantee") (collectively, "Parties"), non-exclusive
easement over and across the following described land lying and being situate in the County of
Pinellas, State of Florida, to wit:
The North fifteen feet (15') of Lot 2, LAKEVIEW ROAD SUBDIVISION, according to
the map or plat thereof as recorded in Plat Book 134, Page 57 of the public
records of PineUas County, Florida, the same being depicted in EXHIBIT "A"
appended hereto and apart hereof (the "Easement").
Rights and privileges granted hereby are to provide ingress and egress over and upon the
Easement by Grantee, its employees, contractors, invitees, successors and assigns for the purpose
of performing Grantee drainage maintenance functions within the natural drainage creek that abuts
and encumbers a portion of Grantor's property.
In further consideration of the rights and privileges granted hereby, Grantee covenants with
Grantor that all landscaping and fencing requirements lying within the Easement as required
pursuant to Grantee's approval of Flexible Standard Development (FLS) 2006-08051 and BCP
2007 -05200, are removed upon Grantee's acceptance of this conveyance. Grantor agrees and
covenants with Grantee that Grantor shall at all times hereafter refrain from planting any
landscaping or erecting any fencing or other above ground improvements within that portion of the
Easement lying easterly of the concrete driveway to be constructed in accordance with the
referenced site plan approval and building permit.
Grantee further agrees and covenants with Grantor, at Grantee's sole cost and expense, to
relocate Grantor's water meter in the event its existing location should ever impede Grantee's
access rights as established hereby; or in the event Grantee's use of the Easement should every
damage Grantor's water meter.
In the exercise of rights granted herein, Grantee shall in every instance restore all physical
impacts to the Easement in a timely and workmanlike manner to equal or better condition as existed
prior to the exercise of such rights.
U:\Easements\POWER LEGAL ADV INGRESS EGRESS EAS l01707.doc
--.(.,
The provisions contained herein are not intended to create, nor shall they in any way be
interpreted to create, a joint venture, partnership or any other similar relationship between the
parties hereto.
Grantor warrants and covenants with Grantee that Grantor is the owner of 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 joint
possession, use and enjoyment of this Easement with Grantor and other parties in interest.
It is expressly understood that the rights conveyed herein are non-exclusive, and that Grantor
reserves unto itself, its successors and assigns, all rights of ownership of the Easement premises
not inconsistent with the easement rights granted herein.
All provisions of this instrument, including the benefits and burdens, run with the land and are
binding upon and inure to the successors and assigns of the respective parties.
The rights granted herein shall be perpetual and irrevocable except by the written mutual
agreement of both parties, or by abandonment of the Easement by Grantee.
IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name
by its undersigned duly authorized officer, or officers, this :lb day of OC11Jbe.(' , 2007.
By:
POWER LEGAL ADVISORY, INC.,
a 2ida c:oration
~e A. Damiani, President
Attest:
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Jorge A. Damiani as President
and Liliana Damiani, as Secretary, of POWER LEGAL ADVISORY, INC., who executed the
forgoing instrument on the day and date first above written, and who acknowledged the execution
thereo be their free act and deed for the uses and purposes herein set forth, and who [{<] are
pers all known to me or [ ] who provided as
i n ficat n.
My Commission Expires:
~t-"Y p".. Ussandra Crespo
f' ~'~ MyCommlalonExpires
,~.,.# 8-24-2010
~Oft"" Commlesion # DD588886
U:\Easements\POWER LEGAL ADV INGRESS EGRESS EAS 101707.doc
CONSENT & JOINDER
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and Security Agreement dated April 19, 2006 given
in favor of Heritage Bank of Florida, a banking association, as recorded in O. R. Book 15117, Pages
11366- 1377 of the public records of Pinellas County, Florida; does hereby join with Grantor and
consents to the grant of easement as conveyed in the herein described Ingress/Egress Easement as
same shall .encumber a portion of Lot 2, LAKEVIEW ROAD SUBDIVISION, as recorded in Plat Book
134, Page 57 of the Public Records of Pinellas County, Florida, as more particularly described in said
instrument, and does hereby subordinate all of its right, title, interest and claim in the aforementioned
lien to the easement rights Grantor has conveyed therein.
~
(/
STATE OF FLORIDA
I/;tk~ro~8L : ss
ing instr ment was acknowledged befqr,e me this ~b ~y of V <do ,k....- ,
2007 by ~ ~ \~-tZ S'r ,as ~,,}o(" fh.~ ff-eS.dt.<<- of
Heritage Bank of Florida, a ban ing association, mortgagee in th~ above-described lien, who executed
said in ment and acknowledged the exe,~tion thereof to be h~ free act and deed for the uses and
purpo es therein expres and who [;] is personally known to me or who [ ] did provide
as identification.
COUNTY OF
My Commission Expires:
",..v.v "ft. Lissandra Cresoo
~O. ~ . ~ My Com_on eXpires
\~/ 8-24-2010
0, P\.i Commission # DD588886
U:\Easements\POWER LEGAL ADV INGRESS EGRESS EAS l01707.doc
..
II 501
Scale 1 =
This is not a survey
EXHIBIT "A"
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151 Ingress/Egress
Easement
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LAKEVIEW ROAD
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CITY or CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
15' INGRESS/EGRESS .....,.
1 OF 1
EASEMENT SECT-............
10/,";izo,,7 NORTH 1S' OF lOT 2 22-29S-15E
LAKEVlEW ROAD SUBDIVSION ~
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LGl2007-09
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E. BARRETT
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Jorge A.
Damiani, as President, and Liliana Damiani, as Secretary, of Power Legal
Advisory, Inc., a Florida corporation, whom, being first duly sworn, do depose
and say:
1. That Power Legal Advisory, Inc. is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
Lot 2, LAKEVIEW ROAD SUBDIVISION, according to the map
or plat thereof as recorded in Plat Book 134, Page 57, Public
Records of Pinellas County, Florida.
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 that those which will be paid during the normal course of
business, except: (list, or if none, insert "NONE")
/VONt;
4. 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, and:
The encumbrance, lien and obligations imposed by that certain Mortgage &
Security Agreement dated April 19, 2006 given in favor of Heritage Bank of
Florida, a banking association, as recorded in O. R. Book 15117, Pages
1366 - 1377, Public Records of Pinellas County, Florida.
5. 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.
U:\Easements\POWER LEGAL ADV INGRESS EGRESS EAS 101707.doc
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6. That there are no outstanding sewer service charges or assessments payable
to any government.
7. 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 an Ingress/Egress Easement to encumber
the above-described property.
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d, sealed and delivered
presence of:
POWER LEGAL ADVISORY, INC.,
a Florida orporation
By:
Attest:
Lilian
STATE OF FLORIDA
: S8
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this .2 " day of
~-h J:,{)r , 2007 by Jorge A. Damiani, as President, and Liliana
Damiani, as Secretary, of Power Legal Advisory, Inc., a Florida corporation, who
executed the foregoing instrument on behalf of said entity, and who
acknowledged the execution thereof to be their free act and deed for the uses
and pu oses therein expressed, and who [)Cl are personally known to me or
who ] id provide as identification.
My Commission Expires:
~..,.y "II. Lis8andra Crespo
~' /l " My Comml88lon Expires
~~cI 8-24-2010
~" '" Comrnl88lon # DD588888
U:\Easements\POWER LEGAL ADV INGRESS EGRESS EAS 101707.doc