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ELLIS & CO., LLLP (2) '. . " Return 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# 200802395201/2412008 at 04:50 PM OFF REC BK: 16130 PG: 89-91 DocType:EAS RECORDING: $27.00 D DOC STAMP: $0.70 Parcel I. D. No. 18-29-16-00000-320-0300 & 0500 II SIGNAL UTILITY EASEMENT II 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, ELLIS & CO., LLLP. a Florida limited liability limited partnership, having a principal place of business at 34 West Orange Street, Tarpon Springs, FI. 34689, and a postal mailing address at P. O. Box 1879, Tarpon Springs, Florida 34688-1879 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non- exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of the Northwest 114 of the Southwest % of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida, as more particularly described and depicted in EXHIBIT "A", appended hereto and by this reference made a part hereof (collectively, "Easement Premises") This easement is for a placement, installation and maintenance of a traffic signal utility cabinet, traffic light "stringer" pole, and related appurtenances. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to construct, install and maintain therein the above referenced traffic signal utilities, and to inspect and alter such utilities from time to time, together with all appurtenances thereto. 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 for Grantor and the general to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project 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. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely and workmanlike manner. 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 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. Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from and against any and all claims, demands, actions, judgments. injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. C:\Documents and Settings~mclane\Local Settings\Temporary Internet Files\OLK216\ELLlS CO TRAFFIC SIGNAL UTIL EAS 112707.doc ....,'- 10 . #-,-"' <~. . ~t 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 constructed traffic signal utilities, and shall at its sole cost and expense reconstruct the traffic signal utilities 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. "1- IN WITNESS WHEREgF, the undersigned grantor has caused these presents to be duly executed this ..;:) dayof""D6c:!.~ ~ ,2007. ---.., Signed, sealed and delivered in the presence of: I~J~ WITNESS signature ' . IF/FA ;r A J~/O Ii c.E?l-, Print Witness Name ELLIS & CO., LLLP, a Florida limited liability limited partnership By: ELBANCO, LLC, a Florida limited liability company, its General Partner WITNESS Sign~e .-.pa,J~~ I Print Witness rtJame ,~ 4A-J/ By: ~~t~-' Carol E. Martin President/Manager STATE OF FLORIDA : 55 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Carol E. Martin, as President/Manager of Elbanco, LLC, a Florida limited liability company, the general partner Ellis & Co., LLLP, a Florida limited liability limited partnership who executed the foregoing instrument on behalf of said entities on the aforementioned date, ~d who . to be her free act and deed for the use and purposes herein set . d who who [ ] did provide Ica My commission expires: Notary Public - tate of Florida '12m t:v{' d t( I ~I Ct {( Type/Print Name <Al' . DONALD R, HALL . MY COMMISSION It DO 711838 l:XPIAl$: Nov~r 14; 2011 , :. 8onr.tI/l 'lhru NolIryNllIc UI1dlIIWIlI8n C:\Documents and Settings~mclane\Local Settings\Temporary Internet Files\OLK216\ELLlS CO TRAFFIC SIGNAL UTIL EAS 112707.doc .... ,,#' .~ \. Scale 1" 20' This is not a survey EXHIBIT "A" ~ NDRTH . o a:::: a:::: w :c u .....J W CD III I f ~I ~I ~ ~I a:: 1-1 I l ~ ~ "\8 IIIZ P. O. B. ----+r'" I I I I I S89'41'18"E 10.00' SIGNAL UTILITY EASEMENT Commence at the Southwest corner of Parcel No.1; thence run N 00'10'41" W. along the East Right of Way line of Belcher Rood, 0 distance of 74.53 feet to the Point Of Beginning; thence continue along soid R/W line N 00'10'41" W, 18.S7 feet; thence run S 89'41'18" E, 10.00 feet; thence run S 00' 10'41" E, 28.29 feet to a point on a non-tangent curve, concave to the Northeast; thence along the arc of a curve, having a radius of SO.OO feet, on arc length of 14.0S feet, 0 chord bearing N 4S'45'37" W, 14.00 feet to the Point Of Beginning. Containing 238.90 square feet M.O.L. "m N oj N Parcel 1 ~ C1 ~ ~~ ""-~ ~~ Strai;;t= = = = = = CUrb ~I R=50.00' I L=14.05' I C.B.=N4S'4S'37"W I Ch=14.00' I (PVT) DRIVEWAY _ Straig~ Curb _ _ _ _ ~=--------- .:;::::;- .,::::; /~ PO.C. 17 s.w. Corner Of Parcel ~ I ~I ~ o :ri ..t " b o z Lotline 299A CITY OF CLEARWATER. FLORIDA ENGINEERING DEPARTMENT LEGAL SKETCH SIGNAL UTILITY EASEMENT GULF TO BAY PLAZA BELCHER ROAD HIT 1 CF 1 " II II )) ~((( ~I " !1113: I III~I III I I" , II ......."" O. KING .... NO. LGL2oo7-12 """"""" 1t.M .AlE 10/15/2007 5m'-llOIP-RNQ 22-29S 15E """""'" N/A t .. ,-~ J' t_ AFFIDAVIT OF NO LIENS STATE OF FLORIDA :S8 COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Carol E. Martin as President/Manager of Elbanco. LlC, a Florida limited liability company. the general partner of Ellis & Co., LLLP. a Florida limited liability limited partnership, whom, being first duly sworn, does depose and say: 1. That Ellis and Co., LLLP Is the owner of legal and equitable title to the following described property in Pinetlas County, Florida, to wit: A portion of the Northwest Y4 of the Southwest Y4 of Section 18, Township 29 South, Range 16 East, Plnellas County, FlorIda, as more particularly described and depleted In EXHIBIT uA", appended hereto and by this reference made a part hereof. 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". If no entry, it will ~~Ai:emed that "NONE" has been entered.} 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except leasehold tenancies, easements and restrictions of record. any encroachments, overlaps or other rights of third parties which would be shown by a current survey, and: (list, or If none, insert "NONE". If no entry, it will be deemed that "NONE" has been inserted.) NONE 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. 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 a signal utility easement to encumber the above.described property. C:\Doeuments and Settings~mcIR'e\Local Settings\Temporary Internet Flles\OLK216\ELLIS CO TRAFFIC SIGNAL UTIL EAS 112707.doc 2"d 2..22..08[6:01 806896.L.L22.. iitlH ONtl tlZ08 :WOCl..:l dSS: l0 2..0[k::-~---':-".j t It .- Signed, sealed and delivered In the presence of: ~J.~' WITNESS'si~turft.. 't:r~1I . II'STdltt.t:LL; Print Witness Name JJtLMh ct. ~sJJu; "!lJ:ESS Signa~ .N!.. L.. 5f+V t'} Print Witness Name Sworn to and subscribed to before me this 6..Jh ~~7h Notary Public. State of Florida ~!v:(/~ / MirIPne.-/Ps. pe/Print Name ELLIS & CO., LLLP, a Florida limited liability limited partnership By: ELBANCO, LLC, a Florida limited liability company, Its General Partner -R. --, By: C/'A.u-/ rV\A 4....8 Carol E. Martin PresidenUManager day of _~e".,,~r . 2007. My.Commission Expires: l'3". ~~,. ~ oFf~df Notary Public Slate of Florida Stella I Himonetos My Commission 00491052 Expires 01/14/2010 C:\Dccuments and Settlngs\jmclane\Local Settlngs\Tempcrary Internet Flles\OLK216\ELlIS CO TRAFFIC SIGNAL UTIL EAS 112707.doc ~'d .L2.L08~6:01 806896.L.L2,L iitJH ONtJ tJZ09 :WOij..::l d99: 10 ,L0[12-5:;-='~j':' . 'I. Scale J" 20 ~ This is not a survey EXHIBIT "A" ~ NORTH . o 0::: 0::: W I U .....J W CD III III ~ III ~III~ ~ III 0:: >- I II III ~ \ \\ ~ o ,\\ g IlIz P. O. B. --Hr'" H ~fI( ~I "'I ~ I I I S89'41'18"E 10.00' SIGNAL UTILITY EASEMENT Commence at the Southwest corner of Parcel No.1; thence run N 00'10'41" W, along the East Right of Way line of Belcher Road, a distance of 74.53 feet to the Point Of Beginning; thence continue along said R/W line N 00'10'41" W, 18.57 feet; thence run S 89'41'18" E, 10.00 feet; thence run S 00' 10'41" E, 28.29 feet to a point on a non-tangent curve, concave ta the Northeast; thence along the arc of a curve, having a radius of 50.00 feet, an arc length of 14.05 feet, a chord bearing N 45'45'37" W, 14.00 feet to the Point Of Beginning. Containing 238.90 square feet M.O.L. m C'ol cxi C'ol Parcel 1 ~ C1 ~ ~~ ~~ """"~ Strai;ht=== = = = CtJrb I ~I : :i 'irJ b It) ..t ...... - o o z ~ R=50.00' I L=14.05'1 C.B.=N45'45'37"W I Ch=14.00'! (PVT) DRIVEWAY Straight Curb ===--====== -;:::::- ~ A?' P.O.c. ~ S. W. Corner Of Parcel ~ ~I ......... 0::1 Lotline 299A CITY Of. CLEARWATER, FLORIDA ENGINEERING DEPARTMENT LEGAL SKETCH SIGNAL UllLlTY EASEMENT GULF TO BAY PLAZA BELCHER ROAD SlET 1 OF 1 ...... BY O. KING .... NO. LGL2007-12 CIO!a<ED BY 1t.M DA" 10/15/2007 SECT-TWSP-RNG 22- 29S-15E .......... N/A