BELLEVIEW BILTMORE COUNTRY CLUB CORPReturn to:
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL 33755
Parcel I. D. No. 21- 29 -15- 06480 - 000 -0100
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2016191959 06/23/2016 at 03:10 PM
OFF REC BK: 19241 PG: 78-81
DocType:EASEMENT RECORDING: $35.50
GAS UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar (S1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, Belleview Biltmore Country Club Corp., a
Florida Not For Profit Corporation whose principal address is One Country Club Lane ( "Grantor ") does hereby
grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ( "Grantee "), a non-
exclusive, gas utility 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 (the "Servient Property ")
This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater
Gas System, a component of 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
natural gas transmission pipes, 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. Grantor and Grantee,
for themselves, their heirs, successors and assigns, agree as follows:
1. Grantor hereby grants to Grantee, its successors and assigns a non - exclusive
easement two and a half (2.5) feet on either side of the centerline of any Facilities installed
by Grantee (herein referred to as the "Easement Area "), in perpetuity on, over, under, across
and through the Servient Property described in Exhibit "A ", attached hereto, for the
purpose of constructing, operating, inspecting and maintaining, underground conduit, pipes,
facilities appurtenant equipment for the provision of natural gas as the same may be
installed from time to time; 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
improvement. This may require a directional bore or other contractor suggested and owner
approved method.
2. Grantee by 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 the
condition which existed prior to such activities.
3. The Grantor shall have and retains the right to construct improvements on, maintain
and utilize the Easement Area (including, but not limited to, the construction of 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.
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4. 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.
5. This Easement 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 Easement.
6. This Easement 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.
7. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to
the herein described Servient Parcel, 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.
The Remainder of this Page Intentionally Left Blank
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IN WITNESS W EREOF, the undersigned Grantor has caused these presents to be duly executed this
day of 2019 la%
Signed, sealed an
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elivered
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STATE OF FLORIDA
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COUNTY OF PINELLAS
Belleview Biltmore Country Club Corp.
One Country Club Lane
Belleair, FL 33756 -2098
Edward J. .a ghnessy /C
Print Name/Title
Operating Offic
Before me, the undersigned authority, personally appeared Edward J. Shaughnessy, as Chief
Operating Officer of Belleview Biltmore Country Club Corp., a Florida Not For Profit Corporation,
whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the
aforementioned date, and who acknowledged the execution thereof to be free act and deed for the use
and purposes herein set forth, and who [ G,]-Is personally known to me, or who [ ] did provide
as identification.
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My commission expires:
AMANDA LEE WAGNER
Notary Public - State of Vforart
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
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COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared Edward J. Shaughnessy,
as Chief Operating Officer of Belleview Biltmore Country Club Corp., whom, being duly
authorized does depose and say:
1. That the Belleview Biltmore Country Club inc. D /B /A Belleair Country Club is the owner of
legal and equitable title to the following described 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
2. That said property is now in the possession of the record owner.
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 be deemed 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, except: (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 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 gas utility easement to encumber the above - described property.
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Signed, sealed and delivered
In the presepfe of: ".
WIT ESS" • :tur
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Belleview Biltmore Country Club Corp.
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Print Name/Title
Sworn and s bscribed to before me this day of
Notary Public - State of Flo
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[A04 -02064 /176103/1]
My Commission Expires:
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AMANDA LEE WAGNER
MY COMM. Hof florid
NWona��t
Exhibit "A"
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