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MAIN 19 LLCReturn to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019108293 04/09/2019 09:48 AM OFF REC BK: 20492 PG: 1083-1084 DocType:EASEMENT RECORDING: $18.50 D DOC STAMP: $0.70 DRAINAGE & 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, Main 19, LLC, a Florida limited liability company, whose mailing address is 7978 Cooper Creek Blvd University Park, FI 34201 ("Grantor"), does hereby grant and convey to the City of Clearwater, Florida, a Florida municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Grantee"), its licensees, agents, successors and assigns a 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") 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 utilities, 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 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. [A05-00152 /230176/1] IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this Z I day of /a 40. , 2019. Signed, sealed and delivered in the presence of: Main 19, LLC Witness signature Shaun B:'derson, Manager or Stephen C. Scalione, Manager //Gem/ 1. Gess/ O Print witness name Witness signat Wer113 L Print witness name STATE OF FLORIDA COUNTY OF MANATEE : ss Before me, the undersigned authority, personally appeared - P C • SCCkVCI, as i` e,•-r-c‘gQ f Main 19, 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 [ X, ] is personally known to me, or who [ ] did produce as identification. Notary Public - State of Flori Type/Print Name [A05-00152 /230176/1] My commission expires: 1 '} -a GINA HOLIER MY COMMISSION #GG222814 diEXPIRES: JUN 18, 2022 Banded through 1st State Insurance AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared , as of Main 19, 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" appended hereto and by this reference made a part hereof 2. - no labor performed or materials furnished on said propert there are unpaid bills for la will be paid Burint • • •• - • • - o an those which usiness, excep , - none, insert "NONE". If n , wi I 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 government, whether or not said assessments appear of record. 5. That 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. [A05-00152 /230176/1] Signed, sealed and delivered In the presence of: Main 19 LLC Witness signat Print Witness Name Witness signature /L,d-e-d e7'1 n (Jssi cc Print Witness Name STATE OF FLORIDA COUNTY OF MANATEE : ss By: aun Ben Stephen C son, Manager or calione, Manager Before me, the undersigned authority, personally appeared 2r)\-X,c) C \C��nQ as `hr`c10.„l1Cl of Main 19, LLC, who executed the foregoing instrument, and who acknowledged tl4e execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ "G ] is personally known to me, or who [ ] did produce as identification. Notary Public - State of Florida C-5” •CCA \-\O\2( Type/Print Name [A05-00152 /230176/1] My commission expires: (-,P GINA HOLZER P4 MY COMMISSION #GG222814 EXPIRES: JUN 18, 2022 Bonded through 1st State Insurance SECTION 30 TOWNSHIP 28S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3964-02 MAIN STREET STATE ROAD 580 RIGHT—OF—WAY WIDTH VARIES P.O.C. FORMER SOUTH RIGHT-OF-WAY N 89'55'13"W 857.14' LINE OF S.R. NO. 580 CENTER OF SECTION 30-28-16 FORMER CENTERLINE OF U.S. w " HIGHWAY 19 1n O O '— O ou O ti N EXISTING SOUTH RIGHT-OF-WAY LINE DRAINAGE & UTILITY EASEMENT O.R. 4398, PAGE 362 1- O N O N 23.33' S 89'56'49"E � /� / •4 cab I EXISTING BUILDING NOT A SURVEY ITEM DATE BY QC 0 20 40 SCALE: 1"=40' H: \JN\3964\DWG\3964SDNE W RE V2.DWG EXHIBIT "A" LEGEND BNDY = BOUNDARY COR = CORNER OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT—OF—WAY SR = STATE ROAD US = UNITED STATES SHEET 1 OF 2 POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 DESCRIPTION SECTION 30 TOWNSHIP 28S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3964-02 THAT PORTION OF SECTION 30, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SECTION 30, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE S.00'12'15"E., 50.00 FEET, ALONG FORMER CENTERLINE OF U.S. 19: THENCE N.89'55'13"W., 857.14 FEET ALONG THE FORMER SOUTH RIGHT-OF-WAY LINE OF S.R. NO. 580; THENCE S.00'04'47"W., 84.88 FEET, THENCE SOUTH, 70.28 FEET; THENCE S.89'56'49"E., 23.33 FEET TO THE POINT OF BEGINNING; THENCE S.89'56'49"E., 151.85 FEET, THENCE N.78'09'10"E., 64.84 FEET, THENCE S.56'25'13"E., 14.04 FEET, THENCE S.78'09'10"W., 75.74 FEET, THENCE N.89"56'49"W., 158.94 FEET, THENCE N.31'13'33"E., 11.69 FEET TO THE POINT OF BEGINNING. CONTAINING 0.052 ACRES, (2,255 SQ. FEET) MORE OR LESS NOTES 1. BEARINGS ARE BASED ON THE FORMER SOUTH RIGHT-OF-WAY LINE OF S.R. NO. 580, SAID LINE BEING ASSUMED AS N.89'55'13"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 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 I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVE •' AND MAPPERS CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 LORID STATUTES NOT A SURVEY AN H. RIZZUTO PROFESSIONALF, URVEYOR LS 5227, STAT: • LORIDA SHEET 2 OF 2 ITEM DATE BY QC SKETCH & DESCRIPTION 1-15-19 SMW DHR H: \JN\3964\DWG\3964SDNE W RE V2.DWG EXHIBIT "A" v POLARIS ASSOCIATES INC. • N PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113