BRYAN CRAIG BEXLEY AS SECCESSOR TRUSTEE OF THE BEXLEY RANCH LAND TRUSTC!'ry epe cc E54 e-LOATEA
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Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL 33755
Parcel I. D. No.: Portion of 16-26-18-0000-00100-0000
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019411577 12/27/2019 08:48 AM
OFF REC BK: 20823 PG: 802-809
DocType:EASEMENT RECORDING: $69.50
D DOC STAMP: $0.70
LGAS 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, BRYAN CRAIG BEXLEY, as Successor Trustee
of the BEXLEY RANCH LAND TRUST dated December 26, 1991 whose principal address is P. O. Box 10,
Sumterville, FL 33585 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a*
Florida municipal corporation d/b/a Clearwater Gas System ("Grantee"), a non-exclusive, gas utility easement over,
under and across the following described land lying and being situate in the County of Pasco County, 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" or the "Easement Area")
This Easement (as defined below) is for underground natural gas distribution pipes and appurtenant
facilities for the provision of natural gas utility service only (herein the "Facilities"). Grantee shall have the
right to enter upon the above-described premises to construct, reconstruct, install and maintain the 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 easement
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 the
Facilities, 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 (the "Easement"). 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 method, which must be approved by
Grantor in writing, which approval shall not be unreasonably withheld, conditioned or delayed.
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 laws, 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, without
limitation, roadway and related improvements, landscaping and related irrigation, disturbed thereby
to as near as practicable the condition which existed prior to such activities. Grantee agrees to and
shall indemnify and hold Grantor harmless from and against the claims (including reasonable
attorneys' fees and costs) for death, injury or damage to any person or any person's property, or
other utility facilities, resulting from Grantee's use of the Easement Area and/or the Facilities or the
exercise of its rights under the Easement. Nothing contained herein, however, shall be construed
to waive or modify the provisions of Florida Statute Section 768.28 or the doctrine of sovereign
immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent
by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as
a waiver of sovereign immunity, except to the extent provided by Florida Statutes Section 768.28.
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 roadway and drainage
improvements, driveways, parking areas, landscaping and related improvements, all as further
described herein) provided such construction does not unreasonably impair Grantee's ability to
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Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL 33755
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019411577 12/27/2019 08:48 AM
OFF REC BK: 20823 PG: 802-809
DocType:EASEMENT RECORDING: $69.50
D DOC STAMP: 30.70
Parcel 1. D. No.: Portion of 16-26-18-0000-00100-0000
GAS UTILITY EASEMENT I
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, BRYAN CRAIG BEXLEY, as Successor Trustee
of the BEXLEY RANCH LAND TRUST dated December 26, 1991 whose principal address is P. O. Box 10,
Sumterville, FL 33585 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation d/b/a Clearwater Gas System ("Grantee"),a non-exclusive, gas utility easement over,
under and across the following describedland lying and being situate in the County of Pasco County, 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" or the "Easement Area")
This Easement (as defined below) is for underground natural gas distribution pipes and appurtenant
facilities for the provision of natural gas utility service only (herein the "Facilities"). Grantee shall have the
right to enter upon the above-described premises to construct, reconstruct, install and maintain the 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 easement
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 the
Facilities, 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 (the "Easement°). 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 method, which must be approved by
Grantor in writing, which approval shall not be unreasonably withheld, conditioned or delayed.
2. Grantee by acceptance hereof, agrees to construct, repair and maintain, at its solecost
and expense, the Facilities which shall comply with all applicable laws, 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, without
limitation, roadway and related improvements, landscaping and related irrigation, disturbed thereby
to as near as practicable the condition which existed prior to such activities. Grantee agrees to and
shall indemnify and hold Grantor harmless from and against the claims (including reasonable
attorneys' fees and costs) for death, injury or damage to any person or any person's property, or
other utility facilities, resulting from Grantee's use of the Easement Area and/or the Facilities or the
exercise of its rights under the Easement. Nothing contained herein, however, shall be construed
to waive or modify the provisions of Florida Statute Section 768.28 or the doctrine of sovereign.
immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent
by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as
a waiver of sovereign immunity, except to the extent provided by Florida Statutes Section 768.28.
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 roadway and drainage
improvements, driveways, parking areas, landscaping and related improvements, all as further
described herein) provided such construction does not unreasonably impair Grantee's ability to
[A04-02064 /176103/11
repair, replace and service the Facilities within the Easement Area or access to the Servient
Property in connection therewith. Without limiting the foregoing rights, Grantee acknowledges and
agrees that Tower Road may be extended in multiple phases by Grantor, Pasco County, or a third
party, over or adjacent to the Easement Area (all such Tower Road and related improvements
referred to generally and collectively as, the "Tower Road Improvements"). Further, Grantee
acknowledges and agrees that in connection with the rights retained in this section, including the
construction of the Tower Road Improvements, the Easement Area may, and likely will, be altered
by (without limitation) filling of the grade, construction of down slopes from the road bed into the
Easement Area, construction of drainage swales, storm drainage pipe and culvert crossings, utility
crossings including construction and installation of domestic water, reclaimed water, gravity and
force main sewer, electrical power and telecommunications utilities, and including the use of heavy
equipment and trucks crossing the Easement Area in various locations including at the adjacent
borrow pit. In addition, permanent paved driveway and road connections to Tower Road across the
Easement Area will be constructed. Grantee acknowledges and agrees that some of its Facilities
may need to be reasonably modified or relocated to accommodate the construction of future
improvements as described in this Section 3, and such modifications or relocation will be completed
by the Grantee at the Grantee's sole cost and expense upon at least ninety (90) days prior written
notice from Grantor to Grantee, together with final design plans for such modification or relocation.
Grantee agrees that the exercise of the rights retained in this Section 3, or the need for Grantee to
modify or relocate its Facilities, shall not be deemed an unreasonable impairment of Grantee's
rights under this Easement. Grantee shall be responsible for evaluating the impact of such
modification or relocation of its Facilities, and Grantee shall make adjustments or relocations that
are needed to avoid any conflicts between its Facilities and other improvements within the
Easement Area. If any modification or relocation of Grantee's Facilities pursuant to this section
requires an additional easement over land owned by Grantor to accommodate the Facilities, then
Grantor shall grant such additional easement over its land as reasonably necessary.
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 for a period exceeding one
(1) year, then Grantee shall, within forty-five (45) days of Grantor's request following any such
abandonment, 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 and use of the Easement Area 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
2•q b day of dc'tn‘:,, , 2019.
Signed, sealed and delivered
In the presen - of:
ITNESS signature
C\\ C. s‘tifi a
Pri t Witness Na e
IP
WIT ESS signatu
RICHARD H.
Print Witness Name
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH:
RYAN LC'Y, accessor
Trustee of the BEXLEY RANCH LAND
TRUST dated December 26, 1991
C BEX
Before me, the undersigned authority, personally appeared Bryan Craig Bexley, as Successor
Trustee of the Bexley Ranch Land Trust dated December 26, 1991, whom, being duly authorized,
personally executed the foregoing instrument on behalf of said trust on the aforementioned date, and who
acknowl dged the execution thereof to be free act and deed for the use and purposes herein set forth, and
who [oto personally known to , or who [ ] did provide as
identifi
Notary Public -state of Florida
My commission expires:
Type/Print Name
(Stamp)
[A04-02064 /176103/1]
mar CMJ.AC.SHAPIRO
4'"•'"'+Capinkslon190114933
W001111,2021
"EXHIBIT A"
SCHEDULE "A"
LEGAL DESCRIPTION:
ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 26 SOUTH, RANGE 18
EAST, PASCO COUNTY, FLORIDA, BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 8827, PAGE 663 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST,
PASCO COUNTY, FLORIDA, BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK
STAMPED "PRM LB6707"; THENCE NORTH 00°17'30" EAST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 2447.17 FEET TO A POINT ON THE
NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA;
THENCE SOUTH 70°24'39" WEST ALONG SAID NORTH LINE, A DISTANCE OF 109.09 FEET TO A
POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13 FEET TO A POINT; THENCE SOUTH
70023138" WEST ALONG SAID NORTH LINE, A DISTANCE OF 2689.51 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 68°'39"37" EAST, A DISTANCE OF 7.63 FEET TO A POINT; THENCE
SOUTH 70°23'38" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE,
A DISTANCE OF 2415.53 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF
178.57 FEET TO A POINT; THENCE SOUTH 70°23'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF
AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 65.96 FEET TO A POINT ON THE WEST LINE
OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 26 SOUTH, RANGE 18 EAST; THENCE
NORTH 00°22'14" EAST ALONG SAID WEST LINE, A DISTANCE OF 5.32 FEET TO A POINT ON SAID
NORTH LINE; THENCE NORTH 70°2344" EAST ALONG SAID NORTH LINE, A DISTANCE OF 64.71
FEET TO A POINT; THENCE NORTH 83°20'14" EAST, A DISTANCE OF 178.57 FEET TO A POINT ON
SAID NORTH LINE; THENCE NORTH 70°23'38" EAST ALONG SAID NORTH LINE, A DISTANCE OF
2409.20 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,281 SQUARE FEET, MORE OR LESS.
SHEET 1 OF 4
DATE: 05/02/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
0 cpwg
CRIBB PHILBECK WEAVER GROUP, INC.
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
LEGEND
ORB = OFFICIAL RECORDS BOOK
N00°22' 14"E
5.32'
N70°2344"E 64.71'
N83°20' 14"E
178.57'
583°20' 14"W
178.57'
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339 h TOWERROAD m
N70°23'38"E 2409.20'
_ TL -7724 -_ 57023°'38"W 2415.53 _ - - - -
U N
W■
LANDS DESCRIBED IN OFFICIAL ui
570°23'44"W 65.96' RECORDS BOOK 8827, PAGE 663
WEST LINE OF THE SW 1/4
OF SECTION 16-26-18
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
TOWER ROAD
N70°23'38"E 2409.20'
S70°23'38"W 2415.53'- -
1
LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 8827, PAGE 663
UTILITY EASEMENT
TOTAL AREA=13,281 SQUARE FEET ±
S70°23'38"W
2689.51'
POINT OF
BEGINNING
568°39'37"E
7.63'
0 0 100 200
O
2 m SCALE: 1"=200' m
'1.: 4g j
Oo,
WN T
in
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
TOWER ROAD
570°23'38"W 2689.51'
LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 8827, PAGE 663
SHEET 2 OF 4
DATE: 05/02/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
CRIBB PHILBECK WEAVER GROUP, INC.
3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE: (813) 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER: L88232
SKETCH OF DESCRIPTION
LEGEND
ORB = OFFICIAL RECORDS BOOK
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
0 (.4 PER ORB 732, PAGE 339
jW N TOWER ROAD
Z
2 570°23'38"W 2689.51'
z0
W N� T
�
* \ LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 8827, PAGE 663
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
TOWER ROAD
570°23'38"W 2689.51'
S55°49'29"W
159.13'
570°24'39"W N LINE OF A 32 FEET WIDE WATER
N 709.09' TRANSMISSION MAIN EASEMENT
trl NI PER ORB 732, PAGE 339
14, 69
0 '11 Lel Zta,Z Ns
Q j CJ� J`
O
— 1 0 100 200
z• — — — — — —' — T SCALE: 1"=200'
m _ T
U n — N00°17'30"E 2447.17'
ul
I I WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 15
POINT OF COMMENCEMENT
SW CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST
FOUND 4"X4" CONCRETE MONUMENT WITH NAIL & DISK "PRM LB6707" SHEET 3 OF 4
DATE: 05/02/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
CRIBB PHILBECK WEAVER GROUP, INC.
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 SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18
EAST HAVING A BEARING OF NORTH 00017130" EAST.
3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS SKETCH IS 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
PASCO COUNTY, FLORIDA, UNLESS OTHERWISE NOTED.
7. THIS SKETCH I5 NOT A SURVEY.
SHEET 4 OF 4
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 W TME FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER SJ-I7JLOmDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 OF
THE FLORIDA STATUTES. SUBJECT TO NOTES AND NOTATIONS SHOWN HEREON.
JEFFREY �HWARTZ, Pi?OFESSIORAL SURVEYOR �'r''MAPPER !CENSE NUMBER: 156618 DATE
DATE: 05/02/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpw9
CRIBB PHILBECK WEAVER GROUP, INC.
3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE: (813) 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER: LB8232
IMEMEIMI=NIFeet
0 187.5375 750 1,125 1,500
Bud Bexley Parkway (Tower Road) Easement
Bexley Ranch Land Trust
Clearwater Gas System
Natural & Propane Gas
400 NORTH MYRTLE AVENUE
CLEARWATER, FL 33755
PINELLAS COUNTY AND PASCO COUNTY
Exhibit A"
Utility Easement
Total Distance =2,648 Linear Feet ±