BELLEVIEW PLACE LAND LLCReturn to:
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL 33755
Parcel I. D. No. 21- 29 -15- 06480 - 000 -0301
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2016253281 08/18/2016 at 09:01 AM
OFF REC BK: 19308 PG: 400-405
DocType:EASEMENT RECORDING: $52.50
GAS UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, Belleview Place Land, LLC, a Florida Limited
Liability Company whose principal address is 2201 4th St N Ste 200, St. Petersburg, Florida 33704 -4300
( "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, as -built (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. Grantor shall approve the plans showing the location of the Facilities prior
to installation. Upon completion of installation the Easement Area will be confined and
limited to the five (5) foot wide easement two and a half (2.5) feet on either side of the
centerline of any Facilities.
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.
[GM14- 2064 - 050/177122/1 ]
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
[GM14- 2064 - 050/177122/1 ]
IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this
g-fi' day of kTUnt_ , 2016.
Signed, sealed and delivered
in the- ar$sence of
TNESS signature
Robert F Greene
Print Witness Name
WI jYf ESS signatur
Jane A. Santiago
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF MANATEE
BELLEVIEW PLACE — LAND, LLC,
a Florida limited liability company,
By: MIDWAY �'OLDINGS, I C.,
orpotion, .t: Ma : • : r /7\ Ai r
By:
Name: Eric D. owell
Title: President
Before me, the undersigned authority, personally appeared Eric D. Howell, as President of Midway
Holdings, Inc., a Florida corporation, Manager of Belleview Place Land, LLC, a Florida Limited Liability
Company, whom, being duly authorized, personally executed the foregoing instrument on behalf of said
LLC on the aforementioned date, and who acknowle ged the execution thereof to be free act and deed for
the use and purposes herein set forth, and who V is personally known to me, or who [ ] did provide
as ident'fication.
ary Public - Sta of Florid
Jane A. Santiago
Type /Print Name
[GM14- 2064 - 050/177122/1 ]
My commission expires:
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL I - HOTEL PROPERTY:
BEGIN AT THE NORTHEASTERLY CORNER OF TRACT C OF A REPLAT OF A PART OF TOWN
OF BELLEAIR, AS RECORDED IN PLAT BOOK 19, PAGES 87 TO 90, INCLUSIVE, OF THE
PINELLAS COUNTY RECORDS AND RUN THENCE SOUTH 38 DEG. 06'30" WEST, 309.11 FEET;
THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING
A RADIUS OF 94.30 FEET, WHOSE CHORD BEARS SOUTH 77 DEG. 43'10" WEST, 66.20 FEET,
THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A
RADIUS OF 318.61 FEET WHOSE CHORD BEARS NORTH 80 DEG. 10'16" WEST, 61.62 FEET,
TO THE POINT OF BEGINNING; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A
CURVE TO THE RIGHT HAVING A RADIUS OF 318.61 FEET, WHOSE CHORD BEARS NORTH 62
DEG. 53'58" WEST, 103.12 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A
CURVE TO THE LEFT, HAVING A RADIUS OF 531.11 FEET, WHOSE CHORD BEARS NORTH 54
DEG. 29'00" WEST, 120.00 FEET, THENCE ALONG THE CENTER LINE OF PAVEMENT AND A
CURVE TO THE RIGHT, HAVING A RADIUS OF 1000.00 FEET, WHOSE CHORD BEARS NORTH
58 DEG. 34'35" WEST, 82.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH
53 DEG. 41'25" WEST, 126.00 FEET, THENCE ALONG THE CENTER LINE OF PAVEMENT AND
A CURVE TO THE LEFT, HAVING A RADIUS OF 1634.74 FEET, WHOSE CHORD BEARS NORTH
59 DEG. 03'15" WEST, 230.00 FEET, THENCE ALONG THE CENTER LINE OF PAVEMENT
NORTH 61 DEG. 03'05" WEST, 200.00 FEET, THENCE ALONG THE CENTER LINE OF
PAVEMENT NORTH 62 DEG. 33'48" WEST, 160.00 FEET, THENCE ALONG THE CENTER LINE
OF PAVEMENT AND ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 135.77 FEET,
WHOSE CHORD BEARS NORTH 72 DEG. 12'59" WEST, 16.26 FEET; THENCE SOUTH 00 DEG.
18'03" EAST, 211.09 FEET; THENCE NORTH 77 DEG. 45'18" WEST, 201.60 FEET; THENCE
ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS
OF 147.23 FEET, WHOSE CHORD BEARS SOUTH 62 DEG. 48'38" WEST, 69.04 FEET, THENCE
ALONG THE CENTER LINE OF PAVEMENT SOUTH 81 DEG. 44'48" WEST, 50.00 FEET, THENCE
ALONG THE CENTER LINE OF PARKWAY AND A CURVE TO THE LEFT, HAVING A RADIUS
OF 381.21 FEET, WHOSE CHORD BEARS SOUTH 64 DEG. 0127" WEST, 200.00 FEET; THENCE
NORTH 78 DEG. 2726" WEST, 111.94 FEET; THENCE NORTH 81 DEG. 00'40" WEST, 168.88
FEET; THENCE SOUTH 08 DEG. 52'25" WEST, 285.06 FEET; THENCE ALONG THE CENTER
LINE OF PAVEMENT SOUTH 80 DEG. 57'13" EAST, 210.27 FEET; THENCE ALONG THE
CENTER LINE OF PARKWAY AND A CURVE TO THE LEFT, HAVING A RADIUS OF 630.28
FEET, WHOSE CHORD BEARS SOUTH 07 DEG. 26'10" EAST, 280.47 FEET, THENCE ALONG
THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF
2370.72 FEET, WHOSE CHORD BEARS SOUTH 39 DEG. 23'31" EAST, 222.00 FEET, THENCE
ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT HAVING A RADIUS OF
66.65 FEET, WHOSE CHORD BEARS SOUTH 67 DEG. 25'41" EAST, 64.58 FEET, THENCE ALONG
THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 100.18
FEET, WHOSE CHORD BEARS NORTH 51 DEG. 03'52" EAST, 64.59 FEET, THENCE ALONG
CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A RADIUS OF 309.50
FEET, WHOSE CHORD BEARS NORTH 51 DEG. 38'30" EAST, 200.00 FEET; THENCE ALONG
CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 369.22
FEET, WHOSE CORD BEARS NORTH 55 DEG. 16'38' EAST, 200.00 FEET; THENCE ALONG
CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 348.90
FEET, WHOSE CHORD BEARS NORTH 24 DEG. 22'08" EAST, 175.00 FEET; THENCE ALONG
CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 49.85
FEET, WHOSE CHORD BEARS NORTH 50 DEG. 17'16" EAST, 84.00 FEET, THENCE ALONG
CENTER LINE OF PAVEMENT SOUTH 89 DEG. 18'06" EAST, 119.40 FEET, THENCE ALONG
CENTER LINE OF PAVEMENT SOUTH 00 DEG. 21'47" WEST, 116.89 FEET, THENCE NORTH 89
DEG. 45'12" EAST, 162.56 FEET; THENCE SOUTH 00 DEG. 01'23" EAST, 70.95 FEET; THENCE
NORTH 89 DEG. 48'47" EAST, 326.75 FEET; THENCE NORTH 84 DEG. 2725" EAST, 135.00 FEET;
THENCE NORTH 00 DEG. 48'40" EAST, 190.02 FEET TO THE POINT OF BEGINNING.
[GM 14- 2064 - 050/177122/1 ]
LESS AND EXCEPT: "PARKING AREA PARCEL"
A PART OF TRACT "C ", A REPLAT OF A PART OF THE TOWN OF BELLEAIR, AS RECORDED IN
PLAT BOOK 19, PAGES 87 THROUGH 90, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT "C" FOR A POINT OF
REFERENCE; THENCE ALONG THE EAST LINE OF SAID TRACT "C ", S 38 °06'30" W, 309.11 FEET
TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE 67.65 FEET
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 94.30 FEET, CHORD S 77 °43'10"
W, 66.20 FEET TO A POINT OF COMPOUND CURVATURE OF A NON - TANGENT CURVE
CONCAVE NORTHEASTERLY; THENCE 61.72 FEET ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 318.61 FEET, CHORD N 80 °10'16" W, 61.62 FEET; THENCE S 00 °48'40"
W, 13.64 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 00 °48'40" W, 176.38 FEET;
THENCE S 84 °27'25" W, 135.00 FEET; THENCE S 89 °48'47" W, 326.75 FEET; THENCE N 00 °01'23"
W, 70.95 FEET; THENCE S 89 °45'12" W, 162.56 FEET; THENCE N 00 °21'47" E, 104.40 FEET;
THENCE N 89 °30'32" E, 394.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY; THENCE 114.18 FEET ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 368.00 FEET, CHORD N 80 °37'14" E, 113.72 FEET TO A POINT OF REVERSE
CURVATURE OF A CURVE CONCAVE TO THE SOUTH; THENCE 108.33 FEET ALONG THE ARC
OF SAID CURVE HAVING A RADIUS OF 161.50 FEET, CHORD S 89 °03'05" E, 106.31 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE 13.41
FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300.00 FEET, CHORD S
71 °06'53" E, 13.40 FEET TO THE POINT OF BEGINNING.
PARCEL V - SUNSET COTTAGE PROPERTY:
BEGIN AT THE NORTHEASTERLY CORNER OF TRACT "C" OF A REPLAT OF A PART OF
TOWN OF BELLEAIR AS RECORDED IN PLAT BOOK 19, PAGE 87 TO 90, INCLUSIVE, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, AND RUN THENCE NORTH 281.03 FEET;
THENCE WEST 1206.90 FEET TO A POINT ON THE CENTER LINE OF THE PAVEMENT FOR
THE POINT OF BEGINNING, THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO
THE LEFT WHOSE CHORD BEARS NORTH 82 DEG. 47'25" WEST, 73.07 FEET; THENCE ALONG
CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 46
DEG. 51' 35" WEST, 89.12 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE
TO THE RIGHT WHOSE CHORD BEARS SOUTH 21 DEG. 14'15" WEST, 100.0 FEET; THENCE
ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT WHOSE CHORD BEARS
SOUTH 43 DEG. 30'54" WEST, 32.2 FEET; THENCE SOUTH 77 DEG. 45'18" EAST, 201.60 FEET;
THENCE NORTH 00 DEG. 18' 03" WEST, 211.09 FEET TO THE POINT OF BEGINNING.
[GM 14- 2064 - 050/177122/1 ]
JOINDER AND CONSENT OF MORTGAGEE
TO GAS UTILITY EASEMENT
The undersigned, REGIONS BANK, an Alabama banking corporation, as the holder of (i) Mortgage
and Security Agreement dated June 7, 2016 executed by BELLEVIEW PLACE — LAND, LLC, a Florida
limited liability company ( "BPL "), and recorded in Official Record Book 19222 Page 1701, of the Public
Records of Pinellas County, Florida, and (ii) Assignment of Leases, Rents and Contract Rights dated June 7,
2016, and recorded in Official Record Book 19222, Page 1726 of the Public Records of Pinellas County,
Florida, (collectively, the "Mortgage "), which encumbers the property referenced in Gas Utility Easement
executed by BPL in favor of the City of Clearwater dated June 9, 2016 , hereby joins in and consents to the
Gas Utility Easement and hereby agrees that its Mortgage and the documents evidencing such Mortgage shall
be subordinate to said Gas Utility Easement and all rights created therein.
Signed, sealed and delivered
REGIONS BANK
in the presence of: an Alabama banki ; corporation
Witness Signature
G sJ EA ouJ ES
Witness Printed Name
Witness Signature
Qce4 3'4'•t�
Witness Printed Name
STATE OF `L0c?-1 a�
COUNTY OF yl I u.S(21)(thus -ti
By:
Name: ->av
Title: S J p
kEz.I\J
The foregoing instrument was acknowledged before me this o day of J"tl,,L , 2016, by
v
l ‘ p 71. ILtJ , as S\J P of Regions Bank, an Alabama banking
corporation, on behalf of the bank, who is /personally known to me, or who has ❑ produced
as identification.
Notary Public
My Commission expires:
AFFIDAVIT OF NO UENS
STATE OFFLORDA
COUNTY OF MANATEE
BEFORE MIE, the Undeirsiegried aiuthorlty, Itner sonafly appearE:�d [,:ric D h hclweH, 1-rc'sK,Jent of
Kdway HoWiings, h"ic , a Porida con poration, Manager of Befi ewew h dace Land, V LC, a Florida
knitled 4ability company (0ie"Company") whorn, being dt.ily authorized does deposearid say.
1"hat Ulhe Company is thie owner of Vegal and equftaWe ftle to the foHovving described
property in Pinel[as County, F'Wkia, to wit,
As snore parficulady described and depicted in H21T "A"' appended hereto
and by this reference made a part hereof
2, That said property is *w ln the possession of the record owirle,,'r.
'31, That there has been no Bart"or perforrnled or rnateria s fi,vnishefJ on sakJ property for
wl-,ic,h there are uripard bib s for Gabor or rn,,,,.iterials agaknM said property, other thM
those whiezh wiH be piud during the norrrmi course of busmess, em,-,,ept- (Hst, or H
none, insert "NONE"', If no entry, K wM be deemed that "NONE" has been
antered.)
................--l-.1-11.............
............ ................... .............. .........................................
............---.......... ..........
........................... ........................................... .......—-------............................................. ...........
11, Tl,�nat th*re are rin liens or encurnbranr,,,les ()f any nature -,ifflecfirig the fithe of the property
herein described, except heaeehlf.,)hd te0"fl an6es, easement,,i amr:l festFictlons of rec�.�)rd, arry
encroachments, overlaps Or other rights of thJni Itnr rbes Mhi&ll VVOWd be shown by a
current survey, exloepV (fist, or if none, iirmert "NONE", If no entry, lit wHl bip deerned
that"NONE" has been entered.)
W,)rtgage and Security Agre,.vieinw in favor, of ftegron Barik dated J une 7, 2016,
reccirded ki Ciffi6al Records Book 19222, Pwpe 1703 of the PLibft, Records of
I'lineHas Colunty, IRrnrurt a,
15, Fhat no written notice has been r •cerved tarn any pubhc hearing ueqarcfirrg assessnients
for urripirovein,ieirits by any government, and there are nO Unpa�d assessments agwrv-,,,h the
above diescribed pn.")pehy foir i1n,proven'ients thereto by any government, ,r/huffier or not
said assessrnerilfs appear rnf recon,,:L
6 T'hat there are ne) outstarr(firig semer smk e (:harges r')r assessrneMs payaNe to any
govell-nment
7 I'hat lifie vepresentations erribrac,4 ld herein have been rep ested by fl,,e CP'Y OF
CLEAR WATER, its, agents, SUccessors and assigns to rety 0'iereo1Y m 7 r,.xmecW,,Pn will'i he
granfing of a gas utiRy easernEMt fO aricurriber the above-d ;,,cribe(l property,
h'(3t,414-2064,050/1 77122/11
are the prese,,n c-a of ;a F orlt';a Irrn'nnted Pia,abiMy cmrnpany,
e._
� tf
o° &rGr �,no ... ..............m..w,...�.....W ....
.
e�
By
N"min t' itness Name Nam YlImplefl
„ � .._..
�e. N tfle: t'r��N.�r6:mt
Jane A. Sanbagr)
�.
Print 'I 'ot ess It��.�ir e, m ..a .N
pp yytt
,.�°��rnr°1n to ' s"�n°�� ,�n.dk.��� �n`n �, tn,�� �.r�;f��rE� rxiu.�t�ni.n ° �. �t��y ���:�� �� . ��......_.._ _...w.�.�.�..e°e
:.
� t n'.n"� r-r�rn�u���:�nA�n� t,����rrr� ��,
I J
.P a lnl�- Sta gat �t itfi
jaine . ...... � �w�runpnn ���
�NOIU I I �p
an wb
PPA 14,2C'64,0501 17 1221"f,l