GRANT OF EASEMENTThis instrument was prepared by and
following recording is to be returned to:
East Lake Woodlands Community Association, Inc.
720 Brooker Creek Blvd.
Suite 206
Oldsmar, Florida 34677
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2015025592 01/29/2015 at 09:37 AM
OFF REC BK: 18660 PG: 2375 -2379
DocType:EAS RECORDING: $44.00
GRANT OF EASEMENT
THIS GRANT OF EASEMENT ( "Grant ") is hereby made this4{, day of
O. , 2014, by East Lake Woodlands Community Association, Inc., a Florida
not - for - profit Corporation with an address of 720 Brooker Creek Blvd., Suite 206,
Oldsmar, FL 34677 ( "Grantor "), to the City of Clearwater (d/b /a Clearwater Gas
System), a Florida Municipal Corporation, with an address of 112 S. Osceola Avenue,
Clearwater, FL 33755 ( "Grantee ").
Witnesseth:
WHEREAS, Grantor is the fee simple owner of certain real property within a large
residential development commonly known as East Lake Woodlands; and
WHEREAS, Grantee desires to install natural gas distribution pipes and necessary
equipment, within the Easement Area (as defined below), in order to provide a natural gas
supply to the East Lake Woodlands Country Club Clubhouse and Swim and Tennis Club;
and
WHEREAS, Grantor has agreed to allow the installation of such facilities within
the Easement Area in accordance with the terms and conditions of this Grant.
NOW, THEREFORE, in consideration of the foregoing premises, payment of the
sum of One Dollar ($1.00) by Grantee to Grantor, and other good and valuable
considerations, the receipt and sufficiency of which are is hereby acknowledged, Grantor
and Grantee, for themselves, their heirs, successors and assigns, agree as follows:
1. Grantor hereby grants to Grantee, its successors and assigns subject to all
covenants, restrictions, rights, easements, reservations, and encumbrances of record, if any,
and ad valorem taxes accruing subsequent to December 31, 2013, a non - exclusive
easement of ten (10) feet in width (five (5) feet on either side of the centerline of any
Facilities (defined below) installed by Grantee (the "Easement "), in perpetuity on, over,
under, across and through the real property lying within ten feet of the paved right of way
known as Woodlands Parkway, in Pinellas County, FL, as more particularly shown on the
attached Exhibit "A" to this Grant which Exhibit is incorporated herein as fully as though
set forth at length ( the "Easement Area "), for the purpose of constructing, operating,
inspecting and maintaining, underground conduit, pipes, facilities and appurtenant
equipment for the provision of natural gas as the same may be installed from time to time
(the "Facilities"); with the right to reconstruct, improve, add to, enlarge, change the size
of and remove such Facilities or any of them within the Easement Area. In the event the
Easement Area crosses any roadway, sidewalk or other impervious area, Grantor will
require Grantee to perform installations and repairs without removing said surface
improvements. This may require a directional bore or other recommendations by the
contractor.
2. Grantee by its acceptance hereof, agrees to construct, repair and maintain, at
its sole cost and expense, the Facilities which shall comply with all applicable rules and
regulations. In the event Grantee shall perform any construction, repairs, alteration,
replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any
improvements, including landscaping and related irrigation, disturbed thereby to as near as
practicable as the condition which existed prior to such activities.
3. Grantee by its acceptance hereof, hereby agree to exercise the Easement
generally in a reasonable fashion so as not to unreasonably interfere with or hamper usage
of the Easement Area by Grantor or its successor or assigns; and agrees that the rights,
privileges, and Easement granted it hereunder are solely and exclusively for purposes of
providing natural gas services and for no other purpose.
4. Grantor shall have and retains the right to construct improvements on, and
maintain and utilize the Easement Area (including, but not limited to, the construction of
all buildings, driveways, parking areas, landscaping and related improvements) provided
such construction does not unreasonably impair Grantee's access to the Easement Area or
Grantee's ability to repair, replace and service the Facilities within the Easement Area.
5. Nothing herein shall create or be construed to create any rights in or for the
benefit of the general public in or to the Easement Area.
6. This Grant shall not be changed, altered or amended except by an
instrument in writing executed by Grantor and Grantee or their respective successors and
assigns; provided, however, that in the event Grantee shall abandon the use of the
Easement Area, then Grantee shall, within a reasonable time thereafter, release and convey
to Grantor or its successors and assigns all rights hereby granted pursuant to this Grant.
7. This Grant and all conditions and covenants set forth herein are intended to
be and shall be construed as covenants running with the land, binding upon and inuring to
the benefit of Grantor or Grantee, as the case may be, and their respective successors and
assigns.
8. Grantee, to the extent allowed by Florida Statute 768.28, agrees to
indemnify and hold Grantor harmless from claims for personal injuries, death or property
damage and any and all losses, liens, damages, charges or expenses, which arise out of, in
connection with, or by reason of the use or occupancy of the Easement Area by Grantee
other than those arising from the negligence of Grantor. Grantee further agrees to provide
to Grantor satisfactory evidence of self - insurance for liability as the same may be carried
by Grantee from time to time. To the extent that the law, any rule, regulation or City of
Clearwater internal policy or procedure allow, and the Grantee, as a result thereof, procures
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an insurance policy naming as additional insured any similarly situated Clearwater Gas
System customer, Grantee hereby warrants that it shall secure a like insurance policy
naming Grantor as additional insured under said policy. This Grant shall be governed by
and construed in accordance with the laws of the State of Florida.
9. Upon the installation of the Facilities, Grantee at its sole cost and expense,
shall promptly obtain a legal description and sketch of the actual Easement Area prepared
by a licensed Florida land surveyor which such information shall be recorded in the form
of an amendment to this Grant and attached as Exhibit `B ". In the event Grantee fails to
promptly provide such information, Grantor may obtain the same and Grantee shall be
responsible for reimbursing Grantor for the costs associated therewith.
IN WITNESS WHEREOF, the undersigned with fully authority to do so, has caused
this Grant to be executed as of the date and year first set forth above.
Signed, sealed and delivered
in the presence of:
East Lake Woodlands Community
Association, Inc., a Florida not -for-
profit Corporation
By:
u
ACKNOWLEDGMENT
Fos
ook, As President
STATE OF FLORIDA )
) ss:
COUNTY OF PINELLAS )
On this day of /'✓o tic in B t"-- , 2014, before me, the
undersigned notary public, personally appeared Judy Fosbrook, as President of East Lake
Woodlands Community Association, Inc., a Florida not - for -profit corporation, personally
known to me to be the person who subscribed to the foregoing instrument or who has
produced , as identification, and
acknowledged that she executed the same, for the purposes stated therein with due authority
to do so.
IN WITNESS WHEREOF, I hereunto set and and gcial seal.
NOTARY PUBLIC, STATE OF FLORIDA
, i! ;7.' , DIANA K. SAVASTA
� PRY PV�i
• • % Notary Pudic - State of Florida
E. My Comm. Expires Aug 19, 2015 ;
fl 3 �r•�"o`; Commission # EE 90577
O Boned Through National Notary Assn.
Print Name:
Commission No.:
Exhibit "A"
Easement Area
General Description:
A 10 foot easement from East Lake Road to East Lake Woodlands Pkwy located along the south side of Woodlands Pkwy and then south
along the west of East Lake Woodlands Pkwy to the far end of 301 East Lake Woodlands Pkwy property (approximately 400 feet). In
addition, crossing East Lake Woodlands Pkwy and then going north approximately 200 feet along the east side of East Lake Woodlands Pkwy.
A two (2) inch gas main shall be installed within the easement described above.
Exhibit "B"
SURVEY OF INSTALLED GAS MAIN
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