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TARPON SPRINGS HOUSING AUTHORITYReturn to: Clearwater Gas System 400 N. Myrtle Avenue Clearwater, FL 33755 Parcel I. D. No. 18-27-16-47520-000-0001 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 20/9109085 04/09/2019 02:53 PM OFF REC BK: 20493 PG: 791-797 DocType:EASEMENT RECORDING: $61.00 D DOC STAMP: $0.70 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, TARPON SPRINGS HOUSING AUTHORITY, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statues whose principal address is 500 S. Walton Avenue, Tarpon Springs, Florida, 34689, ("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 five (5) feet easement (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. [A04-02064 /176103/1] 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 Property, 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 [A04-02064 /176103/1] IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this j_a__ day of�P0W A 207 1 Signed, sealed and delivered in the presence of WITNESS signature 6 Picw..ov•. Print Witness Name 2 ( Prin Witness Name v STATE OF FLORIDA : ss COUNTY OF PINELLAS TARPON SPRINGS HOUSING AUTHORITY, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statues. 500 S. Walton Avenue Tarpon Springs, Florida, 34689 Print Name/Title Elt-00''}6.041 91. rent$ Before me, the undersigned authority, personally appeared Robbin Sotelo Redd, as Executive Director of TARPON SPRINGS HOUSING AUTHORITY, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statues, whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the aforementioned date, and who acknowle ed the execution thereof to be free act and deed for the use and purposes herein set forth, and who Vis personally known to me, or who [ ] did prove as identification. �°�ary Public - Sta -of Florida V T et‘_ • 4U Cia.)./• l Type/Print Name [A04-02064 /176103/1] My commission expires:ah o1 �/i 4'2 o62-9 Exibit A Sketch of Description [A04-02064 /176103/1] 9'44' s `z'E_ 42 NORTH LINE, SW 1/2, SEC 18 POC NW COR, SW 1/4, SECTION 18-27-16 W m z W ct W CO -J W 0 1- N _ SECTION 18 TOWNSHIP 27S, RANGE 16E EBELL STREET (F) PINELLAS COUNTY, FLORIDA MANGO STREET (D) PROJECT NUMBER 4799-01 LEGEND COR - CORNER OR - OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY 0 50 100 SCALE: 1 "=100' NOT A SURVEY SHEET 1 OF 3 ITEM DATE BY QC SKETCH & DESCRIPTION 10/02/18 JT DHR H:\JN\4799\DWG\4799SD VAC.DWG TARPON SPRINGS HOUSNG AUTHORITY MANGO STREET. TARPON SPRINGS. FL R/W VACATION POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 LEGEND (L) = LEGAL (C) - CALCULATE SECTION 18 TOWNSHIP 27S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4799-01 UNE TABLE LINE BEARING LENGTH L1 N74'50'42"W(L) 26.31' 88.17' N74'57'14"W(C) -- CURVE TABLE CURVE ARC RADIUS DELTA CHORD BEARING, LENGTH C1 (L) 88.17' 68.00' -- S37'42'03"E, 82.07' C1 (C) 88.10' 68.00' 7414'08" S37'48'35"E, 82.07' C2 (L) 57.68' 68.00' -- S80'51'18"W, 55.97' C2 (C) 57.68' 68.00' 48'36'13" S80'44'46"W, 55.97' C3 (L) 88.05' 68.00' -- S37'45'07"E, 82.02' C3 (C) 88.04' 68.00' 7410'58" N37'51'39"W, 82.02' C4 (L) 109.60' 68.00' -- S45'30'51 "W, 98.12' C4 (C) 109.61' 68.00' 92'21'07" S45'24'19"W, 98.12' C5 (L) 109.06' 68.00' -- N42'21'58"W, 97.74' C5(C)N42'28'30-0/,109.06' 68.00' 91'53'26" N42'28'30", 97.74' C6 L) 101.34' 501.66' -- N09'22'04"E, 101.17' C6 (C) 101.34' 501.66' 11'34'28" N0915'32"E, 101.17' C7 (L) 49.13' 68.00' -- N35'51'18"E, 48.07' C7 (C) 49.20' 68.00' 41'27'22" N35'45'20"E, 48.13' C8 (L) 67.78' 68.00' -- N27'59'57"E, 65.01' C8 (C) 67.78' 68.00' 57'06'42" N27'53'25"E, 65.01' NOT A SURVEY SHEET 2 OF 3 ITEM DATE BY QC SKETCH & DESCRIPTION 10/02/18 JT DHR H:\JN\4799\DWG\4799SD VAC.DWG TARPON SPRINGS HOUSNG AUINORTIY MANGO STREET, TARPON SPRINGS FL R/W VACATION poL.ARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 SECTION 18 TOWNSHIP 27S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4799-01 DESCRIPTION CONVEYANCE OF RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 4157, PAGES 906 THROUGH 908 (CLERK'S NUMBER 74048405) OF PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. RIGHT-OF-WAY BEING DESCRIBED AS FOLLOWS: A 30.00 FOOT ROAD RIGHT-OF-WAY EASEMENT, BEING 15.00 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE N.W. CORNER OF THE S.W. 1/4 OF SECTION 18, TOWNSHIP 27 SOUTH, RANGE 16 EAST AND GO S.89'44'05"E., 423.90 FEET, ALONG THE NORTH BOUNDARY OF SAID S.W. 1/4 (CENTERLINE OF MANGO STREET); THENCE S.00'33'25"E., 299.97 FEET, ALONG THE CENTERLINE OF FLETCHER AVENUE AS SHOWN ON THE PLAT OF LAKE BUTLER HEIGHTS AS RECORDED IN PLAT BOOK 3, PAGE 79 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, TO THE P.O.B.; THENCE S.00'33'25"E., 201.85 FEET; THENCE ALONG A CURVE TO THE LEFT THAT HAS A RADIUS OF 68.00 FEET, AN ARC LENGTH OF 88.17 FEET, A CHORD LENGTH OF 82.07 FEET, A CHORD BEARING OF S.37'42'03"E., TO REFERENCE POINT "A"; THENCE N.74'50'42'W., 26.31 FEET; THENCE ALONG A CURVE TO THE LEFT THAT HAS A RADIUS OF 68.00 FEET, AN ARC LENGTH OF 57.68 FEET, A CHORD LENGTH OF 55.97 FEET, A CHORD BEARING OF S.80'51'18W., TO REFERENCED POINT "B"; THENCE, FROM THE PREVIOUSLY ESTABLISHED REFERENCED POINT "A", S.74'50'42"E., 207.69 FEET; THENCE ALONG A CURVE TO THE RIGHT THAT HAS A RADIUS OF 68.00 FEET, AN ARC LENGTH OF 88.05 FEET, A CHORD LENGTH OF 82.02 FEET, A CHORD BEARING OF S.37'45'07"E.; THENCE S.00'39'32"E., 155.00 FEET; THENCE ALONG A CURVE TO THE RIGHT THAT HAS A RADIUS OF 68.00 FEET, AN ARC LENGTH OF 109.60 FEET, A CHORD LENGTH OF 98.12 FEET, A CHORD BEARING OF S.45101511'W.; THENCE N.8818'46"W., 249.65 FEET; THENCE ALONG A CURVE TO THE RIGHT THAT HAS A RADIUS OF 68.00 FEET, AN ARC LENGTH OF 109.06 FEET, A CHORD LENGTH OF 97.74 FEET, A CHORD BEARING OF N.4221'58"W.; THENCE N.0314'S0"E., 122.72 FEET; THENCE ALONG A CURVE TO THE RIGHT THAT HAS A RADIUS OF 501.66 FEET, AN ARC LENGTH OF 101.34 FEET, A CHORD LENGTH OF 101.17 FEET, A CHORD BEARING OF N.09'22'04"E.; THENCE ALONG A CURVE TO THE RIGHT THAT HAS A RADIUS OF 68.00 FEET, AN ARC LENGTH OF 49.13 FEET, A CHORD LENGTH OF 48.07 FEET, A CHORD BEARING OF N.35'S1'18"E., TO THE PREVIOUSLY ESTABLISHED REFERENCE POINT "B"; THENCE ALONG A CURVE TO THE LEFT THAT HAS A RADIUS OF 68.00 FEET,AN ARC LENGTH OF 67.78 FEET, A CHORD LENGTH OF 65.01 FEET, A CHORD BEARING OF N.27'59'57"E.; THENCE N.00'33'25"W., 211.43 FEET, TO THE P.O.B. CONTAINING 1.057 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE SOUTH RIGHT-OF-WAY UNE OF CAMPBELL STREET, BEING ASSUMED AS S89'44'05"E. 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 CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE 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 EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION 1 HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORI► ATUTES. ar NOT A SURVEY DAN H. RIZZUTO PROFESSIONAL LS 5227, STA URVEYOR F FLORIDA SHEET 3 OF 3 ITEM DATE BY QC SKETCH & DESCRIPTION 10/02/18 JT DHR H:\JN\4799\DWG\4799SD VAC.DWG TARPON SPRINGS HOUSING AUIHORIIY MANGO STREET. TARPON SPRINGS. FL R/W VACATION poLARis ASSOCIATES 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 PINELLAS : BEFORE ME, the undersigned authority, personally appeared Robbin Sotelo Redd, as Executive Director of TARPON SPRINGS HOUSING AUTHORITY, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statues, whom, being duly authorized does depose and say: 1. That TARPON SPRINGS HOUSING AUHTORITY, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statues, 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. [A04-02064 /176103/1] Signed, sealed and delivered In the presence of: WITNESS signature Print Witness Name 34-;) i9 � signatitfe_� / )CSS Prinf Witness N WITNESS sign •Jilkk- /Pt - Print Witness Name TARPON SPRINGS HOUSING AUTHORITY, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statues. 500 S. Walton Avenue Tarpon Springs, Florida, 34689 Print Name itle Sworn to and subscribed to before me this/ 2 day of / (J , / 16. r/ / �n My Commission Expires: rc 2 o`1 a tary Public - State of lorida Ja4-ems / t C7Q(2)// Type/Print Name [A04-02064 /176103/1]