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MARINA DEL RAY UN B ASSNReturn to: Clearwater Gas System 400 N. Myrtle Avenue Clearwater, FL 33755 Parcel I. D. No. 19-29-15-55303-000-0010 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019342417 10124/2019 09:06 AM OFF REC BK: 20744 PG: 466-471 DocType:EASEMENT RECORDING: $52.50 1 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, MARINA DEL REY UN B ASSN, a Florida Homeowner Association whose principal address is 1571 GULF BLVD ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Grantee"), a nonexclusive, gas utility easement over, under and across the following described land Tying 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 perforrn 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. 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. [A04-02064 /176103/11 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 IA04-02064 /176103/11 IN yoytess WHE day of F,t eu Signed, sealed and delivered in the presence of ed Grantor has caused these presents to be duly executed this , 2019. WITNESS signature -Q� 21 ge PrintName ess e W TNE signature Print W ess Name STATE OF FLORIDA : ss COUNTY OF Pinellas MARINA DEL REY UN B ASSN, a Homeowner Association By: JOHN R CARDOSI / President Print Name/Title Before me, the undersigned authority, personally appeared _ JOHN R CARDOSI, as President of MARINA DEL REY UN B ASSN, a Florida Homeowner Association, whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the aforementioned date, and who acknowled the execution thereof to be free act and deed for the use and purposes herein set forth, and who [ is personal }x known to me, or who [ ] did provide idAtification. /4 ry F�labllc - State 'o for da Mil KJJ Type/P nt Name (A04-02064 /176103/11 My commission expires: Notary Public State of Florida Lynn RohUnq My Commission GG 113149 as far Expires 08/05/2021 AFFIDAVIT OF NO LIENS STATE OF FLORIDA . : ss COUNTY OF Pinellas : BEFORE ME, the undersigned authority, personally appeared JJOHN R CARDOSI , as _President of _ MARINA DEL REY UN B ASSN _, whom, being duly authorized does depose and say: 1. That _ MARINA DEL REY UN B ASSN 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 fitness Name N1 Ili Ai /. ITN 'SS signatur Print W ness Name WITNESS s alb ature • Sher( ti Lb Z,.) Print Witness dame Sworn to and subscribed to before me this {A04-02064 /17610311] MARINA DEL REY UN B ASSN, a Homeowner Association JOHN R CARDOSI / President Print Name/Title day of ,{ , 2019. My Commission Expires: 0bytis Notary Public State of Florida Lynn Rohling N c. : My Commission GG 113149 �?�OF Expires 08/05/2021 "EXHIBIT A" SCHEDULE "A" LEGAL DESCRIPTION: ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, BEING A PORTION OF LOT 1, AS SHOWN ON THE PLAT OF MARINA DEL REY AT SAND KEY UNIT B, AS RECORDED IN PLAT BOOK 81, PAGES 54 THROUGH 55 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE PLAT OF MARINA DEL REY AT SAND KEY UNIT B, AS RECORDED IN PLAT B00K 81, PAGES 54 THROUGH 55 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA BEING A FOUND NAIL AND DISK STAMPED "PLS 2043"; THENCE NORTH 31°56'56" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 269.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 31°56'56" EAST ALONG SAID WEST LINE, A DISTANCE OF 5.84 FEET TO A POINT ON THE NORTH LINE OF A 38 FOOT INGRESS AND EGRESS EASEMENT AS SHOWN ON SAID PLAT; THENCE SOUTH 89°05'32" EAST ALONG SAID NORTH LINE, A DISTANCE OF 54.46 FEET TO A POINT; THENCE NORTH 01°24'21" EAST, A DISTANCE OF 5.00 FEET TO A POINT; THENCE SOUTH 89°05'32" EAST, A DISTANCE OF 1.27 FEET TO A POINT; THENCE EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 151.00 FEET, A DELTA ANGLE OF 05°01'15", AN ARC DISTANCE OF 13.23 FEET, A CHORD DISTANCE OF 13.23 FEET AND A CHORD BEARING OF NORTH 88°23'51" EAST TO A POINT; THENCE SOUTH 04°05'43" EAST, A DISTANCE OF 5.00 FEET TO A POINT ON SAND NORTH LINE; THENCE EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 156.00 FEET, A DELTA ANGLE OF 14°26'34", AN ARC DISTANCE OF 39.32 FEET, A CHORD DISTANCE OF 39.22 FEET AND A CHORD BEARING OF NORTH 78°39'06" EAST TO THE POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 194.00 FEET, A DELTA ANGLE OF 19°27'47", AN ARC DISTANCE OF 65.90 FEET, A CHORD DISTANCE OF 65.58 FEET AND A CHORD BEARING OF NORTH 81°10'34" EAST TO A POINT; THENCE SOUTH 89°05'32" EAST, A DISTANCE OF 30.25 FEET TO A POINT ON THE WEST LINE OF LOT 2 OF SAID PLAT OF MARINA DEL REY; THENCE SOUTH 00°54'28" WEST ALONG SAID WEST LINE, A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 89°05'32" WEST ALONG A LINE 5 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 30.25 FEET TO A POINT; THENCE WESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 189.00 FEET, A DELTA ANGLE OF 19°27'47", AN ARC DISTANCE OF 64.21 FEET, A CHORD DISTANCE OF 68.51 FEET AND A CHORD BEAR/NG OF SOUTH 80°34'19" WEST TO THE POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 161.00 FEET, A DELTA ANGLE OF 01°39'44", AN ARC DISTANCE OF 4.67 FEET, A CHORD DISTANCE OF 4.67 FEET AND A CHORD BEARING OF SOUTH 72°16'33" WEST TO A POINT; THENCE SOUTH 16°00'12" EAST, A DISTANCE OF 14.00 FEET TO A P0/NT ON THE CENTERLINE. OF HARBORAGE COURT, A PRIVATE ROAD, SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 73 OF SAID PLAT OF MARINA DEL REY; THENCE WESTERLY ALONG SAID CENTERLINE OF HARBORAGE COURT AND SAID NORTH LINE, ALSO BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET, A DELTA ANGLE OF 01°38'13", AN ARC DISTANCE OF 5.00 FEET, A CHORD DISTANCE OF 5.00 FEET AND A CHORD BEARING OF SOUTH 73°59'48" WEST TO A POINT; THENCE NORTH 16°00'13" WEST, A DISTANCE OF 14.00 FEET TO A POINT; THENCE WESTERLY ALONG A CURVE 5 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE AND A CURVE TO THE RIGHT HAVING A RADIUS OF 161.00 FEET, A DELTA ANGLE OF 16°01'17", AN ARC DISTANCE OF 45.02 FEET, A CHORD DISTANCE OF 44.87 FEET AND A CHORD BEARING OF SOUTH 82°53'50" WEST TO A POINT; THENCE NORTH 89°05'32" WEST A DISTANCE OF 58.77 FEET TO THE POINT OF BEGINNING. CONTAINING 1,176 SQUARE FEET, MORE OR LESS. SHEET 1 OF 3 DATE: 09/13/2019 PROJECT NUMBER: 190116 DRAWN: D. HEATH CHECKED: D. WINTERS MARINA DEL RAY CLEARWATER, FLORIDA 0 cpw9 CRIBB PHILBECK WEAVER GROUP, INC. (CPWG) 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 PHONE: (813) 361-2644, FAX: (813) 223-2469 PROFESSIONAL SURVEYOR & MAPPER BUSINESS LICENSE NUMBER: LB8232 SKETCH OF DESCRIPTION C1 R=151,00' A=05°01'15" L=13.23' CD=13.23' CB=N88°23'51 "E C2 R=156.00' A=14°26'34" L=39.32' CD=39.2Z CB=N78°39'06"E N01°24' 21 "E 5.00' 589°05'32"E 54.46' N31 °56'56"E 5.84' POINT OF BEGINNING N89°05'32"W 58.77' CENTERLINE OF HARBORAGE COURT WEST LINE OF PLAT BOOK 81 PAGE 54 C3 R=194.00' A=19°27'47" L=65.90' CD=65.58' CB=N81 °10'34"E 18' EASEMENT FOR DRAINAGE SYSTEMS & FOR MAINTENANCE AND REPAIR OF SEAWALL (P) LI 589°05'32"E 1.27' UTILITY EASEMENT _ TOTAL AREA=1,176 SQUARE FEET ± LI C1 504°05'43"E 5.00' C2 1 (COMMON AREA) 2 500°54'28"W 5.00' S89°05'32"E / 30.25' N89°05'32"W 30.25' 38' INGRESS EGRESS EASEMENT (P) C7 L N16°00' 13"W 14.00' N31°56' 56"E 269.63' POINT OF COMMENCEMENT SOUTHWEST CORNER OF PLAT BOOK 81, PAGE 54 FOUND NAIL AND DISK "PLS 2043" C4 R=189.00' A=19°27'47" 47" L=64.21' CD=68.51' CB=S80°34' 19"W C5 R=161.00' LA=01°39'44" L=4.67' CD=4.67' CB= S72°16'33"W 72' UTILITY EASEMENT (P) C6 S 16°00' 12"E 14.00' / 73 72 71 70 69 i MARINA DEL REY AT SAND KEY UNIT B N PB 81, PGS 54 AND 55 C6 R=175.00' L1=01°38'13" L=5.00' CD=5.00' CB=S73°59'48"W C7 R=161.00' A=16°01'17" L=45.02' CD=44.87' CB=582°53'50"W 0 20 40 SCALE: 1"=40' SHEET 2 OF 3 DATE: 09/13/2019 PROJECT NUMBER: 190116 DRAWN: D. HEATH CHECKED: D. WINTERS MARINA DEL RAY CLEARWATER, FLORIDA *cpyvg CRIBB PHILBECK WEAVER GROUP, INC. (CPWG) 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 PHONE: (813) 361-2644, FAX: (813) 223-2469 PROFESSIONAL SURVEYOR & MAPPER BUSINESS LICENSE NUMBER: LB8232 SKETCH OF DESCRIPTION GENERAL NOTES: 1. THE PURPOSE OF THIS SKETCH I5 TO DELINEATE THE DESCRIPTION ATTACHED HERETO, THIS DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983/2011 ADJUSTMENT (NAD83/11), WEST ZONE, WITH THE WEST LINE OF THE PLAT OF MARINA DEL REY AT SAND KEY UNIT B, AS RECORDED IN PLAT BOOK 81, PAGES 54 THROUGH 55 OF THE PUBLIC RECORDS OF PINELLAS COUNT, FLORIDA HAVING A BEARING OF NORTH 31°56'56" EAST. 3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS SKETCH I5 FOR INFORMATIONAL PURPOSES ONLY. 4. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. 5. THIS SKETCH WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT OF WAYS, EASEMENTS, OWNERSHIPS OR OTHER INSTRUMENTS OF RECORD. 6. ALL RECORDING REFERENCES SHOWN ON THIS SKETCH REFER TO THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, UNLESS OTHERWISE NOTED. 7. THIS SKETCH I5 NOT A SURVEY. ABBREVIATIONS: CB = CHORD BEARING CD = CHORD DISTANCE A = DELTA L = LENGTH PGS = PAGES PB = PLAT BOOK (P) = PLAT MEASUREMENT R = RADIUS SHEET 3 OF 3 REVISION BY DATE 1 HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION AND SKETCH 15 CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS'IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 OF THE FLORIDASTATUTES. SUBJECT TO NOTES AND NOTATIONS SHOWN HEREON. I�f ���r/!EFAR72,PROFE55fONAL URVEYOR 6 MAPPER LICENSE NUMBER: L56618 DATE DATE: 09/13/2019 PROJECT NUMBER: 190116 DRAWN: D. HEATH CHECKED: D. WINTERS MARINA DEL RAY CLEARWATER, FLORIDA Qcg CRIBB PHILBECK WEAVER GROUP, INC. (CPWG) 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 PHONE: (813) 361-2644, FAX: (813) 223-2469 PROFESSIONAL SURVEYOR & MAPPER BUSINESS LICENSE NUMBER: LB8232