PUBLIX SUPER MARKETS INCReturn to:
Jim Benwell
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FL 33758-4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2017393187 12/27/2017 10:57 AM
OFF REC BK: 19890 PG: 58-61
DocType:EASEMENT RECORDING: $35.50
D DOC STAMP: $0.70
UTILITY EASEMENT
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, PUBLIX SUPER MARKETS,
INC., a Florida Corporation, whose mailing address is Post Office Box 407, Lakeland, Florida 33802
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida
33756 ("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 hereof
("Easement Premises")
Grantee shall have the right to enter upon the Easement Premises for the construction,
installation, operation and maintenance of water facilities, with the right to reconstruct, improve, and
replace any or all the facilities within the easement as may from time to time be necessary, with the full
right of ingress thereto and egress therefrom. Grantee shall be solely responsible for obtaining all
governmental and regulatory permits required to exercise the rights granted herein.
Grantee 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.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this �3Y`\ day of c -V`__ , 2017.
Signed, sealed and delivered
in the presence of:
,/c•tt&_.\\
WITNonyar5. Karcher
Print Witness Name
aP
PUBLIX SU R MARKETS, INC, a Florida
Corporatio
Je ey Chamberlain
Se for Vice President
WITNESS signature
Cayla Connell
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF POLK
Before me, on this 5 day of airs ilK-0" , 2017, the undersigned authority,
personally appeared Jeffrey Chamberlain, as Senior Vice President of Publix Super Markets, Inc., a
Florida Corporation, who executed the foregoing instrument as such officer, and who acknowledged
the execution thereof to be his free act and deed personally and as such officer, for the use and
purposes herein s t forth, and who [ ,4' is personally known to me, or who [ ] did provide
� as identification.
,P
lic State''of Florida
Bettye H. Winoker
Type/Print Name
My commission expires:pll
+0`,7-Y•1:::,,,, BETTYE H. WINOKER
* t_t: * MY COMMISSION t FF 199571
EXPIRES: February 15, 2019
�44or sr Bended Thru kepi Nary BotYioes
LINE TABLE
LINE
BEARING
LENGTH
LINE
BEARING
LENGTH
L1
NO1'21'01"E
40.00'
L8
N85.35'22"E
19.59'
L2
S08'08'42"E
64.82'
L9
N40.35'22"E
4.24'
L3
S81'51'18"W
35.79'
L10
N85.35'22"E
29.84'
L4
N49'24'38"W
4.24'
L11
S49.24'38"E
4.24'
L5
S85'35'22"W
21.56'
L12
N81.51'18"E
25.46'
L6
S 40'35'22"W
4.24'
L13
N08'08'42"W
54.82'
L7
S85'35'22"W
23.25'
L14
N81.51'18"E
10.00'
0 0
0
L7
r -t
73
-4
z
L6
L4
SECTION 8 TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4514-01
S AGE
O.R. B
P A,S PC
00K 2873, PAGE BE
80' RIGHT-OF-WAY
S 85'35 22 W 152.97
114
1.3
S 81'51'18"W
76.66'
CURVE
CURVE TABLE
CURVE
RADIUS
ARC
DE LTA
CHORD BEARING
CHORD
C1
5310.00'
40.00'
0'25'54"
N01'07'56"E
40.00'
C2
5310.00'
200.00'
2'09'29"
N00'09'37"W
199.99'
C3
5310.00'
600.00'
6'28'27"
N04'28'34"W
599.68'
C4
4995.00'
10.01'
0'06'53"
N07.09'56"W
10.01'
0
LEGEND
NOT A SURVEY
OR = OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PG = PAGE
POB - POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W - RIGHT-OF-WAY
0 25' 50'
r --
0
NORTH RIGHT OF WAY LINE
WINDWARD PASSAGE
80' RIGHT OF WAY
SCALE: 1" = 50'
POINT OF COMMENCEMENT
NORTHEAST CORNER OF LOT 3, BLOCK "C", UNIT
FIVE, ISLAND ESTATES OF CLEARWATER
PLAT BOOK 51, PAGE 34
70
i7
CV
D
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DATE
BY
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RE VISE DESCRIPTION
08/15/17
DHR
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SKETCH & DESCRIPTION
08/03/17
RE D
DHR
H: \,1N\4514\DWG\4514S D W ATE R.DW G
EXHIBIT AN
POLARIS ASSOCIA TES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
SECTION 8 TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
DESCRIPTION PROJECT NUMBER 4514-01
THAT PORTION OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "C", UNIT FIVE , ISLAND E STATES OF CLE ARWATE R,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 51, PAGE 34, PUBLIC RE CORDS OF PINE LLAS
COUNTY, FLORIDA; THE NCE N.01'21'01 "E ., 40.00 FEET TO A CURVE CONCAVE WESTERLY AND HAVING A RADIUS
OF 5310.00 FEET; THE NCE NORTHERLY ALONG SAID CURVE 40.00 FEET, THROUGH A CENTRAL ANGLE OF
00'25'54" (CHORD BEARING N.01'07'56"E ., 40.00 FEET) TO THE NORTHWEST CORNER OF THE INTERSECTION OF
ISLAND WAY AND WINDWARD PASSAGE AS SHOWN ON THE PLAT OF UNIT 2 ISLAND ESTATES OF CLEARWATER,
RECORDED IN PLAT BOOK 47, PAGES 19A-20, PUBLIC RE CORDS OF PINE LLAS COUNTY, FLORIDA; THE NCE
CONTINUING ALONG SAID CURVE HAVING A RADIUS OF 5310.00 FEET, NORTHERLY ALONG THE WEST
RIGHT-OF-WAY LINE OF ISLAND WAY ON SAID CURVE CONCAVE WESTERLY, 200.00 FEET THROUGH A CENTRAL
ANGLE OF 02'09'29", (CHORD BEARING N.00'09'37"W., CHORD DISTANCE 199.99 FEET), SAID POINT BEING ALSO
THE NORTHEAST CORNER OF THAT CERTAIN TRACT CONVE YE D BY DEED RECORDED IN O.R. BOOK 228, PAGE
509, PUBLIC RE CORDS OF PINE LLAS COUNTY, FLORIDA; THE NCE CONTINUING NORTHERLY ON SAID 5310.00 FOOT
CURVE 600.00 FEET THROUGH A CENTRAL ANGLE OF 06'28'27", (CHORD BEARING N.04'28'34"W. CHORD
DISTANCE 599.68 FEET) TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DORY PASSAGE (AS
CONVE YE D TO THE CITY OF CLE ARWATE R BY DEED RECORDED IN O.R. BOOK 2873, PAGE 143, PUBLIC RE CORDS
OF PINE LLAS COUNTY, FLORIDA); THENCE ALONG SAID LINE , S.81'51' 18"W., 76.66 FEET FOR THE POINT OF
BE GINNING; THE NCE LEAVING SAID LINE , S.08'08'42"E ., 64.82 FEET; THE NCE S.81'51' 18"W., 35.79 FEET;
THE NCE S.85'35'22"W., 152.97 FEET; THE NCE N.49'24'38"W., 4.24 FEET; THE NCE S.85'35'22"W., 21.56 FEET;
THE NCE S.40'35'22"W., 4.24 FEET; THE NCE S.85'35'22"W., 23.25 FEET TO A CURVE CONCAVE WESTERLY AND
HAVING A RADIUS OF 4995.00 FEET ON THE EAST RIGHT-OF-WAY LINE OF LARBOARD WAY; THENCE
NORTHERLY ALONG SAID CURVE 10.01 FEET, THROUGH A CENTRAL ANGLE OF 00'06'53" (CHORD BEARING
N.07'09'56"W., 10.01 FEET); THE NCE LEAVING SAID LINE , N.85'35'22"E ., 19.59 FEET; THE NCE N.40'35'22"E .,
4.24 FEET; THE NCE N.85'35'22"E ., 29.84 FEET; THE NCE S.49'24'38"E ., 4.24 FEET; THE NCE N.85'35'22"E .,
148.51 FEET; THE NCE N.81'51' 18"E ., 25.46 FEET ; THE NCE N.08'08'42"W., 54.82 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF DORY PASSAGE; THENCE N.81'51'18"E., 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,968 SQUARE FEET OR 0.068 ACRES, MORE OR LESS.
NOTES
1. BEARINGS ARE BASED ON THE SOUTH RIGHT-OF-WAY LINE OF DORY PASSAGE, BEING ASSUMED AS S 81'51'18"W.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR.
NOTHING HEREIN SHALL BE CONS TRUED TO GIVE ANY RIGHTS OR BENE FITS TO ANYONE OTHER THAN
THOSE CERTIFIED TO.
4. THIS SKETCH IS NOT INTE NDE D TO SHOW THE LOCATION OR E XIS TE NCE OF ANY JURISDICTIONAL,
HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT
TO E ASE ME NTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RE CORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH RE PRE SE NTE D HEREON MEETS THE STANDARDS OF PRACTICE SE T
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLOR r• .TATUTES..
917
NOT A SURVEY
DAN H. RIZZUTO
PROFE S S IONAL
LS 5227, STATE
URVE YOR
FLORIDA
SHEET 2 OF 2
ITEM
DATE
BY
QC
REVISE DESCRIPTION
08/15/17
DHR
DHR
SKETCH & DESCRIPTION
08/03/17
RED
DHR
H: \JN\4514\DWG\4514SD WATER.DWG
EXHIBIT "A"
POLARIS ASSOCIA TES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA •
. ss
COUNTY OF�\
BEFORE ME, the undersigned authority, on the ,�'" day of
, 2017, personally appeared Jeffrey Chamberlain, as Senior
Vice President of Publix Super Markets, Inc., a Florida corporation whom, being first
duly sworn, do 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, to affiant's knowledge, 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, to affiant's knowledge, 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, to affiant's knowledge, 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.
5. That, to affiant's knowledge, there are no outstanding sewer service charges or
assessments payable to any government.
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.
Signed, sealed and delivered
in the presence of:
WITNES`�• a ure
PUBLIX SU R MARKETS, INC, a Florida
Corporatio
Jeffrey Chamberlain
Tonya S. Karcher enior Vice President
Print Witness Name
Ct
WITNESS signs ure
Layla Connell
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF POLK
Before me, on this ,J day of ( , 2017, the undersigned authority,
personally appeared Jeffrey Chamberlain, as enior Vice President of Publix Super Markets, Inc., a
Florida Corporation, who executed the foregoing instrument as such officer, and who acknowledged
the execution thereof to be his free act and deed personally and as such officer, for the use and
purposes herein spt forth, and who [ ✓f is personally known to me, or who [ ] did provide
/- as identification.
Bettye H. Winoker
Type/Print Name
My commission expires:
BETTYE H. WINOKER
r� �c MY COMMISSION A FF 19;71
Fel:nary 15, 2019
Thru Budget Notary Service=.