WADE SURFSIDE CONDOMINIUM ASSOCIATION INCReturn to:
Chuck Lane
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758 -4748
PINELLAS COUNTY Parcel I. D.
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL.
INS T# 2013250888 08/01/2013 at 01:08 PM
OFF E K: 18106 PG: 2389 -2391
RECORDING: $27.00
No. 30- 30 -15- 94541- 000 -0001
GAS MAIN & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, WADE SURFSIDE
CONDOMINIUM ASSOCIATION, INC., a Florida nonprofit Corporation, 18838 Gulf Boulevard, Indian Shores
Beach, Florida 33785 ( "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:
As more particularly described and depicted in EXHIBIT "A" appended hereto and by this
reference made a part hereof ( "Easement Premises ")
This easement is for gas main and appurtenant utilities ( "Service Facilities ") installation and
maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above -
described premises to construct, install and maintain therein a meter and equipment upstream from the meter
outlet to the street (Service Facilities), and to inspect and alter same from time to time. Grantor agrees that, prior
to installation of the Service Facilities, it will remove all improvements from the easement area and that Grantee
will not be responsible for the removal, replacement, maintenance of, or impacts to any improvements on or below
the Easement Premises other than to construct, install and maintain the Service Facilities. 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 for Grantor, and
Grantor's guests and invitees, 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 related to this
project and complete all matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and 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 Florida Statute 768.28, agrees to indemnify and hold harmless Grantor
from and against 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.
[GM12 -2064- 034/123918/1
Signed, sealed and delivered WADE SURFSIDE CONDOMINIUM ASSOCIATION, INC.
In the presence of: a Florida nonprofit Corporation
WITNESS signatur
Print Witness Name
WIT S§ signature /
&/e,* 41.1c1.o
Print Witness Name
STATE OF FLORIDA :
: ss
COUNTY OF-PIINELLAS :
By: -rtu izCJ
Print name I _t s5
Title cbfaF. r5T2- l 'YJ -C/i Wit.
The foregoing instrument was acknowledged before me this 1 3 day of A 4--1, 2013
by L.1 but_ Not -(l,S4 oti , as e` C- of
WADE SURFSIDE CONDOMINIUM ASSOCIATION, INC., a Florida nonprofit corporation who, on
behalf of aforesaid corporation, did execute the foregoing instrument, who acknowledged the
execution thereof to be h t5- free act and deed for the uses and purposes therein expressed,
and who [ ] is personally known to me, or who [ K did produce Ft CEAb.0
as identification.
Notary Public - State of Florida
tAck a.rti.s
Type /Print Name
[GM 12 -2064- 034/123918/1 ]
My Commission Expires:
404", LUIS ADAMS
!!> :.. MY COMMISSION # DD 897206 •
' EXPIRES: June �o 22 2013
pFV Bonded Thru Notary Public Underwriters
da so ►3
Scale 1" = 40'
This is not a survey
EXHIBIT "A"
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NORTH
LEGAL DESCRIPTION:
A 5' Gas Utility Easement described as follows:
The Southeasterly 5 feet of the Northeasterly
1 02.67 feet of the property described in
Condominium Plat Book 83, Page 15,
"Wade Surfside Condominium," as recorded in
the Public Records of Pinellas County, FL,
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
MANI LEGAL SKETCH 'ZD1z_12
oia®n 5' GAS UTILITY EASEMENT ear
T. yO� O°Y 0 18838 GULF BOULEVARD 1 OF T
4/19/2012 WADE SURFSIDE CONDOMINIUM La %3os
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:so
COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared ►_t s, c 5; , r
as 1 JiQ�,:te,a / - .�' FL k�- ( "Affiant ") of WADE SURFSIDE CONDOMINIUMS, INC., a
Florida nonprofit corporation ( "Owner"), whom, being first duly swom, does depose and say, that
to the best of his/her knowledge and subject to all matters of record and matters which would be
disclosed by an accurate survey of the Property (defined below):
1. That Owner is the owner of legal title to the following described property ( "Property") in
Pinellas County, Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended hereto
and by this reference made a part hereof ( "Property ")
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials fumished on said Property for which
there are unpaid bills for labor or materials against said Property which are attributable to
the Owner, 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.)
ticr►E
4. That there are no liens or encumbrances of any nature affecting the title of the Property,
except easements and restrictions of record, any encroachments, overlaps or other rights
of third parties which would be shown by a current survey, (list, or if none, insert "NONE ".
If no entry, it will be deemed that "NONE" has been entered.).
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 which are
due and payable against the 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 gas main and utilities easement to encumber the Property.
[GM12 -2064- 034/123918/1 ]
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service
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 (which consent shall not be unreasonably withheld), shall provide an altemate easement for Grantee's
Service Facilities, and shall at Grantor's sole cost and expense reconstruct the Service Facilities within the
alternate easement. Upon completion of the Service 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.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
C� day of LI,c- `.( , 2013.
Signed, sealed and delivered
In the presence of:
ESS signature
at. off"
Print Witness Name
WITNESS signature,
Ada /hao udo
Print Witness Name
WADE SURFSIDE CONDOMINIUM ASSOCIATION, INC.
a Florida Nonprofit Corporation
By:
r
Print name L% / 1+a,9-nritm
Title 0 41■x-/Y ht.
STATE OF FLORIDA
: ss
COUNTY OF S /'
StbOH L-1.
- & 1'1d1�i 1G'i9�'1
Before me, the undersigned authority, personally appeared (S
as � cQ cA--oc- of WADE SURFSIDE CONDOMINIUM ASSOCIATION, INC. a
Florida nonprofit corporation, who, on behalf of aforesaid corporation, executed the foregoing instrument, who
acknowledged the execution thereof to be h `free act and deed for the use and purposes herein set forth, and
who [ ] is personally known to me, or who [ ] produced 1 Q` iv tr. Lk-to - as identification.
l.lt,0
Notary Public - State of Florida
Type /Print Name
may'^ LUIS ADAMS
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