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INSTRUMENT TRANSFORMERS INCReturn to: Chuck Lane Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758 -4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2015267220 09/17/2015 at 09:05 AM OFF REC BK: 18923 PG: 1618 -1621 DocType:EAS RECORDING: $35.50 DRAINAGE EASEMENT 1 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, INSTRUMENT TRANSFORMERS, LLC, whose principal address is 1907 Calument Street, Clearwater, Florida 33765 ( "Grantor ") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ( "Grantee "), non - exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit "A" appended hereto and by this reference made a part ( "Easement Premises ") This easement is for drainage facilities installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above - described premises to construct, reconstruct, install and maintain therein the herein referenced drainage facilities, together with appurtenances thereto (collectively, "Facilities "), and to inspect and alter such 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 the Facilities installed hereunder and promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities 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, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor 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. 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 utility facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities 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. Signed, sealed and delivered In the presence of: INSTRUMENT TRANSFORMERS, LLC Wit s sign i?A /Ls 7c , t at i rr 4 4 VIA. AN r7- 0-vn'S )cae,/S 0 l( Print Witness Name,' Name/Title By: Witness signature M�L\r \ mac. \AAA5 Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS Pfrt',cM4 / Before me, the undersigned authority, personally appeared 0.mm.S -V\-o ,5e1 \ , as P- .s try et i--1 of Instrument Transformers, LLC, who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [TC ] is personally known to me, or who [ ] did produce as identification. No -ry Public - Sta Type /Print Name My commission expires: ` r"� 4'4 KHLEEN SCHOOLEY :r° 2•: Notary Public - State of Florida 2 My Comm. Expires May 8, 2016 ••••),e ' ��0 p Commission # EE 196832 'O'' '' Bonded Through National Notary Assn. SKETCH AND DESCRIPTION - NOT A SURVEY L11 EXHIBIT A QI 31 I LL 0 1 I- I N 90'00'00" E 331.26' L9 L7 L13 L UNE 1.1 1.2 L3 u LS N 90'00'00" W 331.03' BEARING N 89'24'28' W S 00'19'57' E N 48'00'00' W N 00'00'00' E N 00'13'30' W L16 L18 DISTANCE 33.10' 57.79' 98.72' 115.95' 58.00' 1.6 N 00'00'00' E 0.70' L7 N 90'00'00' E 35.04' L8 N 00'18'15' W 193.21' L9 s 89'10'47' E 15.00' 1.10 N 00'17'42 W 30.00' L11 S89'14'S1 -E 15.00' 1.12 S00'18'15'E 222.80' L13 N 90'00'00' E 34.97' 1_14 S 00'00'00' E 133.23' 1.15 S 45'00'00' E 15.88' 1.16 N 90'00'00' E 176.42' 1_17 N 0700'00' E 9.03' L18 S 89'20'48' E 451.05' L19 S 00'12'55' E 49.80' N 90'00'00" W 310.64' Ern DESCRIPTION (PUBLIC DRAINAGE EASEMENT) N 89'24'28" W 358.76' POINT OF BEGINNING SySTe44. NE 10 �V0Z W -' ' O = ' W 1- O� co ?Z W 7w N W�� O 0 Z fr 0 Z U Z X re W g U (n U 0 N 253g216- I AS A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA, AND PROCEED N 00'18'07" W, ALONG THE EAST BOUNDARY OF THE SOUTHWEST 1/4 OF SAID SECTION 1, A DITANCE OF 511.74' (FIELD) 511.50' (DEED); THENCE N 89'24'28" W, A DISTANCE OF 33.10 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF HERCULES AVENUE FOR A POINT OF BEGINNING; THENCE CONTINUE N 89'24'28" W, A DISTANCE OF 358.76 FEET; THENCE S 00'19'57" E, A DISTANCE OF 57.79 FEET; THENCE N 90'00'00" W, A DISTANCE OF 310.64 FEET; THENCE N 45'00'00" W, A DISTANCE OF 98.72 FEET; THENCE N 00'00'00" E, A DISTANCE OF 115.95 FEET; THENCE N 90'00'00" W, A DISTANCE OF 331.03 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF CALUMET STREET; THENCE N 00'13'30" W, ALONG SAID EAST BOUNDARY, A DISTANCE OF 58.00 FEET; THENCE N 90'00'00" E, A DISTANCE OF 331.26 FEET; THENCE N 00'00'00" E, A DISTANCE OF 0.70 FEET; THENCE N 90'00'00" E, A DISTANCE OF 35.04 FEET; THENCE N 00'18'15" W, A DISTANCE OF 193.21 FEET; THENCE S 89'10'47" E, A DISTANCE OF 15.00 FEET; THENCE N 00'17'42" W, A DISTANCE OF 30.00 FEET; THENCE S 89'14'51" E, A DISTANCE OF 15.00 FEET; THENCE S 00'18'15" E, A DISTANCE OF 222.80 FEET; THENCE N 90'00'00" E, A DISTANCE OF 34.97 FEET; THENCE S 00'00'00" E, A DISTANCE OF 133.23 FEET; THENCE S 45'00'00" E, A DISTANCE OF 15.88 FEET; THENCE N 90'.•'ee" _ DISTANCE OF 176.42 FEET; THENCE N 00'00'00" E, A DISTANCE OF 9.03 FEET; THENCE S 89'20'48" E, A DISTANCE OF 451.05 FEET TO A POINT NED WEST RIGHT -OF -WAY LINE OF HERCULES AVENUE; THENCE S 00'12'55" E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF OIN F BEGINNING. THE ABOVE PARCEL CONTAINING 94,253 SQUARE FEET (2.16 ACRES), MORE OR LESS. • 1lZc,� Ic Richar. C.&Hinson/iggSM << C � Date Florida Professional " u and A pper No. 3840 for Hamilton Engineering and Surveying, Inc. Certificate of Authorization No. LB7013 • f4'A(M I'LL N oG.IN EE R IV & SU reEYIN G, INC. rr, .s 3409 W. LEMON -EE-11' i ,�1� TEL (813) 250-3535 T. .. m .1.1A nn I caikbk l �wv rn1•1 GE BANNER PROJECT PUBLIC DRAINAGE EASEMENT SEC TWP RGE 1 -29 -15 JOB NUMBER SCALE 01461.0074 IAS SHOWN DATE 104-23-15 ISHEET I/2 L SKETCH AND DESCRIPTION - NOT A SURVEY LINE BEARING DISTANCE L1 N 89'22'21" W 50.01' L2 S 00'17'46" W 171.55' L3 N 72'55'04" W 255.48' L4 N 7755'04" W 100.16' L5 N 43'09'01" W 108.75' L6 N 1708'02" E 19.29' L7 S 72'51'58" E 92.82' L8 S 48'39'45" E 111.56' L9 S 1704'56" W 27.37' � I p� O N i 1 W Z1 I �' 1 N 0 L _ _ __F- - - -] N Z w '46 Z dN m I W W < g co m co C7 S . • 40NT p\ lB POINT OF eOgRp :S STS "4)7/ BEGINNING I� Flo Rte:: C3 I Lij Z CT J w —J 21 Q. LL I 0 1 2 C9 EE g Wee W Et 0 N = DESCRIPTION (PUBLIC DRAINAGE EASEMENT) AS A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA, AND PROCEED N 89' 22' 21" W, A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF HERCULES AVENUE; THENCE S 00'17'46" W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 171.55 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE CSX TRANSPORTATION RAILROAD (FORMERLY KNOWN AS THE SEABOARD SYSTEMS RAILROAD); THENCE N 72'55'04" W, ALONG SAID NORTHERLY RAILROAD BOUNDARY, A DISTANCE OF 255.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 72'55'04" W, ALONG SAID NORTHERLY RAILROAD BOUNDARY, A DISTANCE OF 100.16 FEET; THENCE N 43'09'01" W, A DISTANCE OF 108.75 FEET; THENCE N 17'08'02" E, A DISTANCE OF 19.29 FEET; THENCE S 72'51'58" E, A DISTANCE OF 92.82 FEET; THENCE S 48'39'45" E, A DISTANCE OF 111.56 FEET; THENCE S 17'04'56" W, A DISTANCE OF 27.37 FEET 10 THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINING 9,366 SQUARE FEET (0.22 ACRES), MORE OR LESS. HAMILTON ENGINEERING & SURVEYING, INC. 3409 W. LEMON STREET TAUO• PI ZZR.l10 I Rik7CI l Z TEL (813) 250-3535 rAv (RIZI 7r- .(1 -ZF.ZF GE BANNER PROJECT PUBLIC DRAINAGE EASEMENT SECTWP ROE I 01461.0074 JOB NUMBER SCALE DATE SHEET 129 15 IAS SHOWN 105 15 15 12/2 AFFIDAVIT OF NO LIENS STATE OF FLORIDA : es COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared as of Instrument Transformers, LLC, whom, being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit "A" attached hereto and by this reference made a part hereof 2. 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 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.) 3. 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, except: (list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been entered.) 4. 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 govemment, whether or not said assessments appear of record. 5. That there are no outstanding sewer service charges or assessments payable to any govemment. 6. 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 the easement herein being conveyed to encumber the above - described property.