19-16RESOLUTION NO. 19-16
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A DRAINAGE & UTILITY EASEMENT FROM MAIN
19, LLC FOR THE CONSTRUrTION, INSTALLATION, AND
MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a utility easement from Main 19, LLC for the
construction, installation and maintenance of certain drainage & utility facilities; and
WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept
said grant of easement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby accepts the Drainage & Utility
Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to
Resolution 19-16.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this I day of Ca t cc.et-;` , 2019.
" t,i0 LLMC/t\4
Ap%rov-d as to form:
Laura Mahony
Assistant City Attorney
George N. Cretekos
Rosemarie Call
City Clerk
Resolution No. 19-16
EXHIBIT A TO RESOLUTION 19-16
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
IDRAINAGE & UTILITY EASEMENT I
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, Fl 34201 ("Grantor'"),
does hereby grant and convey to the City of Clearwater, Florida, a Florida municipal corporation whose
mailing address is 600 Cleveland St, 6th Floor, Clearwater, Florida 33755 ("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.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this Z.‹. day of , 2019.
Signed, sealed and delivered
in the presence of:
a -s
Witness sign ure�
'rcat'1 &A^rNF.
Print witness name
Witness si9 r4ture)1 (--
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STATE OF FLORIDA
: ss
COUNTY OF MANATEE
Main 19, LLC
By:
Shaun fiderson, Manager or
Stephen C. Scalione, Manager
Before me, the undersigned authority, personally appeared S�cteq C `' e as
4:\ ex. Main 19, LLC, who executed the foregoing instrument, and who
acknowledgebi 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.
I
Notary Pu
?t4er'k ! .
Type/Print Name
of Fl. Ida
)41. if/
My commission expires:
KIMBERLY J. TAYLOR
MY COMMISSION *00005222
EXPIRES AUG 05.2020
Bonded through 1st State Insurance
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared evnpJ -„Sc E;
as /�gwg�� 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
there are unpaid bills for labor or materials against said property, other tha - = ich
will be paid during the normal course of business, except: (lis • e, insert "NONE".
If no entry, it will be deemed that "NONE" ha red.)
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.
Signed, sealed and delivered
In the presence of: Main 19 LLC
Witness si gg nat re
43-t'►'vt- S By:
oet� VES
Print Witness Name
Witness si nature 7C-
KIVAI eelLi. •
. Ay toe -
Print Witness ame
STATE OF FLORIDA
n Bende
Stephen C.
n, Manager or
alione, Manager
: ss
COUNTY OF MANATEE .
Before me, the undersigned authority, personally appeared cle C. c. �'Yt.0 , as
thG him ra r of 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 [)(1 is personally known to me, or who [ ] did produce as
identification.
/79/"--
Notary ublic - ate of FIida
KliYAVTI t4i, I C�tl
Type/Print Nam
My commission expires:
KIMBERLY J. TAYLOR
MY COMMISSION 4400005222
EXPIRES- AUG 05, 2020
Bonaed through 1s! State Insurance
SECTION 30 TOWNSHIP 28S, RANGE 16E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3964-02
P.O.C.
CENTER OF SECTION
30-28-16
MAIN STREET
STATE ROAD 580
RIGHT—OF—WAY WIDTH VARIES
FORMER SOUTH RIGHT—OF—WAY
N 89'55'13"W 857.14' LINE OF S.R. NO. 580
FORMER
CENTERLINE---__
OF U.S. w
HIGHWAY 19 In
—o
CV O
og
0
U,
EXISTING SOUTH RIGHT—OF—WAY LINE
ti
S 00'04'47"W
LINE TABLE
LINE
BEARING
DISTANCE
L1
NORTH
4.26'
N
O
N
23.33'
S 89'56'49'T
/1
/s
//A)
-DRAINAGE & UTILITY EASEMENT
O.R. 4398, PAGE 362
P.O.B.
S 89'58'02"E 228.93'
us�
8o•3F
NOT A SURVEY
N 89'58'02"W 256.48'
EXISTING BUILDING
0 20 40
SCALE : 1"=40'
LEGEND
BNDY = BOUNDARY
COR = CORNER
OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
RAW = RIGHT-OF-WAY
SR = STATE ROAD
US = UNITED STATES
SHEET 1 OF 2
ITEM
DATE
BY
QC
SKETCH & DESCRIPTION
04-12-19
SM
OHR
H: \JN\3964\DWG\3964S DNE W RE V3.DWG
EXHIBIT "A"
POLARIS ASSOCIA TES 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
5.89'58'02"E ., 228.93 FEET, THE NCE NORTH 4.26 FEET, THENCE S .5625.13"E ., 25.80 FEET, THE NCE
N.89'58'02"W., 256.48 FEET, THENCE N.31 '13"33"E ., 11.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.057 ACRES, (2,472 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 CONS TRUED TO GIVE ANY RIGHTS OR BENE FITS 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 SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLO' ` STATUTES.
i
NOT A SURVEY
DAN H. RIZZ
PROFE S S ION
LS 5227, S T
ND SURVEYOR
OF FLORIDA SHEET 2 OF 2
ITEM
DATE
BY
QC
SKETCH & DESCRIPTION
04-12-19
51*
DHR
H: \JN\3964\DWG\3964SDNE W RE V3.DWG
EXHIBIT "A"
paLARis ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
009-3
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