HAMMERHEAD'S HARDWARE, LLC - d/b/a ACE HARDWARE
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Return to:
Brian Langille
Gas Department
City of Clearwater
400 N. Myrtle Ave
Clearwater, FI. 33755
KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2004500022 12/27/2004 at 09'43 AM
OFF REC BK: 14023 PG: 1170-1173
DocType:EAS RECORDING: $35.50
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Parcell. D. Numbers: 33/29/15/00000/410/0500
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UTILITY EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby
acknowledged, and the benefits to be derived therefrom,
HAMMERHEAD'S HARDWARE, L.L.C., a Florida limited liability company
d/b/a, Ace Hardware, 1015 West Bay Dr., Largo, Florida 33770
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation of the State of Florida ("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:
A five foot (5') NATURAL GAS UTILITY EASEMENT and an Inaress and Earess Easement for
the City of Clearwater service and utilitv personnel and equipment. to encumber portions of
the Lots 1, 2 and 3 as depicted in EXHIBIT "A", said easement premises beina depicted in
EXHIBIT "B" appended hereto and made a part hereof, and beina more specificallv
described therein.
This easement is for Gas Line/Utility installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to
excavate, grade, contour, stabilize, construct, install and maintain thereon gas lines and facilities, and to inspect
and alter such gas lines 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 facilities 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.
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.
Grantor hereby warrants and covenants (a) that Grantor is the owner of fee simple title to the premises in which
the above-described Easement Area is located, (b) that Grantee shall have quiet and peaceful possession, use
and enjoyment of this easement.
IN WI,TNESS WHER~, the undersig,ned grantor has caused these presents to be duly executed in its name this
--&L- day of () C .ho ( ,2004.
Signed, sealed and delivered
in the presence of:
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WI~,SS signature ~ ' .\,
I Y l a. \' \ Q r'\ r'\ ..Q.. GuS "/l)l.O&'c{
Print Witness Name
.~fi>Jl) lfK-~':b#i1
WITNEssAiSature r" ,""
~Llz' n1 rK/Ja1.,-
Print Witness Name
HAMMERHEAD HARDWARE, L.L.C.
~~J;~ber
By:
Attest:
Acknowledgement Re:
Utility Easement
Grantor: Hammerheads Hardware, L,L.C.
Grantee: City of Clearwater, FL,
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared William J. Gessert, as Managing Member of
Hammerhead's Hardware, L.L.C., of Largo, Florida, Inc., whom, being duly authorized, executed the foregoing
easement instrument on the day and date first above written on behalf of said corporation, and who acknowledged
before me that he did execute same freely and voluntarily for the uses and purposes therein described,
(JJ~!lrJ. 1--1 '-'~. aJ~~O )(1ft
Notary Public - State 0 Florida
rYldl','Q t"IY\,€ ~&usr~U)S~'
Type/Print Name
\\,-:;~t"f'"
/:f\';!"'t..... Marianne Augustowski
~~~~/i MY COMMISSION # 00266118 EXPIRES
...t.....'<$.-~ November 11 2007
4/r.,1lI', BONDED THRU TROY FAIN INSURANCE. IN<:
[ ] Personally Known
1-Jj, Produced Identification
Type of Identification Produced
&R-l0-e~
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EXHIBIT A
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,..-- LEGAL DESCRIPT\ON
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Mf!ssage:-
THE EAST ONE- HA1I (t/2) OF niE NORIHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
SOUTHtASl' 1/4 Of S~tnON 33" TOWNSHIP 29 SDUlH. RANGE 15: EAST. PI~Elill
COUNTY j flOR1DA , LESS THE EAST 149.00 fEET or. THE NORTH ~4:00 FEEl THEREOF
AND LESS ROAD RIGHT-Or-WAY.
. .
ALSO, lOTS I, 2 AND . 3. l!SS THAT PART LYING wrJHIN 50 fEU Of THE EAST WEST
CENTERUNE or SEcnON 33. TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINEI.LAS
COUNTY, FLORIOA; AND ALL OF LOT 45. TOGETHER WITH VACATED AL1.EYS
ADJOINING SAID L01S. AS VACATED BY. RESOWDONS RECORDED IN OFFClAL
RECORDS BOOK 1359, PAGE 290 AND omcw. RECORDS BOOK 1373. PAGE' \38,
CONRADE1S REPLAT OF fLETCHER'S ADOrnON TO, LARGO, ACCORDING TO THE PLAT
THEREOf RECORDED IN PUT BOOK 10, PAGE 6, All. OF mE PUBue RECORDS OF
PINELLAS COUNTY fLORIDA.
SAID TRACT CONTAINING 3.8258 AalS WORE OF LESS
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EXHIBIT B
jm._.. ABBREVIATIONS
I S"N&D ~ ~l~~ NAIL AND DISC # 6539 FD,PK.N, = FOUl'\'D PK NAIL
I S,I.R. ~ sEl IRON ROD F.C,M - FOUr.-o CONC. MON,
i i S,c'M. ~ SET CONCRETE MONUMENT FD.N.&D. - FOUND NAIL AND DISC.
II ~.I,R, = fYl:toiD IRON ROD B.M. - BENCH MARK PINELLAS COUNTY COORDINATE SYSTEM
i f,O,P, ~ FOLNOPENPIPE L.FL.EL. - LOWESTFLOORELEV,
I,' i F,I',J', - FOUND PINCHED PIPE GAR.FL.EL. - GARAGE FLOOR ELEV. ADDRESS:I015 WEST BA Y DRIVE
I ,PROPOSEDCITY OF CLEARWATER GAS LINE EASEMENT TO BE DEDICATED LARGO, FLORIDA
: : co~i~itNCE-AYTHE POiNl"ON THE WEST LINE OF THE'NORTH 486.5 FEET OF THE EAST ONE HALF (112) OF THE ,
i\ORTHWEST 1/4 m' THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 29 SOUTH, RANGE 15 EAST'I
I'INELLAS COUNTY, FLORIDA. SAID POINT BEING THE POINT OF BEGINNING MARKING THE CENTERLINE OF A I
PROPOSED 5 FEET GAS LINE EASEMENT. THENCE S. 89' 19' 40" E., A DISTANCE OF 2.5 FEET; THENCE S. OOO 40' 12" W.,
A DISTANCE OF 60.0 FEET; THENCE S. 89' 27' 03" E., A DISTANCE OF 140.0 FEET; THENCE N. 009 41' 20" W., A DISTANCE 'I
OF 60,20 FEET; THENCE S. 89' 31' 49" E., A DISTANCE OF 41.58 FEET TO THE END OF SAID CENTERLINE I
DESCRIPTION TOGETHER WITH THE ABANDONMENT OF THE SOUTH 5 FEET OF THE NORTH 489 FEET OF$ II
rHE EAST 1/20F"fHE NORTHWEST 1/4 OF 'l'HE'"mrn.THEAST i/4 OF rHE SOUTHEAST 1/'1 OF SECTION 33, I
I 0\\ i\~HlP ",9 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, LESS THE EAST 149.0 FEET THEREO ,i
W E I
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f;- - :w_~.sT rt~ifWl!'; CENTE~L!~;' ~~,tl~TIfoN 33;"TOWNSHIP 30 SOUTH; f- . SCALE: ~.. " 90' 1\1\,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA
<i1m~:~9.':lI'~9~,_, _'__;,.___---144.25. . --l I III',
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SUBJECT PROPERTY ~ II
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SEe. 33
. TWP 29 S, RGE Is'-it
BASIS OF BEARINGS:
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i i THE EAST 1/2 OF THE NW 1/4 '
1'1' OF THE NW 1/4 OF THE SE 1/4_1
OF SEe. 33, TWN, 29 S.,
I I RGE, 15 E. , i
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i,I~_C:S_ B~~~N~O~~ . _ ~~ S.89'31'49" E.
~~<--~8; ~~, -;;(.,: E~ ' - '~, ~ ~(S. 89" 31' 49" E.
I' .... C. 1.50 I C. 41 58'
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i ~OllTH,486,5 ~UT OF THE ~ I ~S.8~17~ OJ.' i. "'14'0,01" ~ ~
I EA~ll1. OF 1 HE NW 1/4 OF,! CENTERLINE 5'
i THE NW 1/4 OF THE SE 1/4 OF i EASEMENT
I SEe. 33, TWN, 29 S,. RGE. 15 E. I
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II r';r~YPE-OF sURVEY: SKE:-;;'--rn.9' 27' OJ'':.::' : P:RS:~~:~-
II 'PREp AREDFoR: WILLIAM J. GESSERT
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il NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED
II NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY, AND/OR OWNERSHIP
\1 \\;~~~:~~~~~~S ~~.~).c!~PT ~_:~TE~_~~D:~R ~HO~_..___
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100
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LESS THE EAST
~_.. 149 FEET THEREOF
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149.0+ EXISTING 5' GAS LINE
, EASEMENT PER O.R.
I ~ BOOK 4257, PAGE 218
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JOB NO.04-794.i l'