20-03RESOLUTION NO. 20-03
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A DRAINAGE & UTILITY EASEMENT FROM
GULFVIEW LODGING, LLP, FOR THE CONSTRUCTION,
INSTALLATION, AND MAINTENANCE OF CITY DRAINAGE &
UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, as a prerequisite to the development of certain property owned by Gulfview
Lodging, LLP ("Gulfview"), Gulfview made application for the vacation of a portion of Gulfview
Boulevard right-of-way which contained public and private utilities (the "Vacation"); and
WHEREAS, as a condition of the Vacation, City of Clearwater ("City") Vacation Ordinance
No. 9167-18 required Gulfview to relocate certain existing City drainage and utility facilities (the
"Facilities") at Gulfview's expense; and
WHEREAS, the relocation was subsequently determined not to be necessary, but rather
Gulfview now desires to grant the City an easement for the construction, installation and
maintenance of the Facilities, so that Facilities may be left in place and maintained; 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 and
Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to
Resolution 20-03.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 (C#41 day of gGihr , 2020.
CteprI \C►t ICV
George N. Cretekos
Mayor
Appro e • as to form: Attest:
Laura Mahony
Assistant City Attorney
[A05-00152 /244978/1]
Rosemarie Call
City Clerk
Resolution No. 20-03
EXHIBIT A TO RESOLUTION 20-03
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
1 DRAINAGE & UTI !TY EASEMENT
l
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which
Is hereby acknowedged, and the benefits to be derived therefrom, Gulfview Lodging. LLP a Florida Limited
Liability Partnership, whose mailing address is 505 Riverfront Parkway, Chattanooga, Tennessee 37402
("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 crry OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and 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 activitiesundertaken 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 ownerof 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.
1A05-00152 /244979111
WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this auf day of teceMW , 2019.
Signed, sealed and delivered
in the presence of:
Witness signatu
Print witness n me
134 War
Witness signature
Soak\ ..-toi.cts.
Print witness name
STATE OF TENNESSEE
COUNTY OF HAMILTON
SS
Gulfview Lodging, LLP
Before me, the undersigned authority, personally appeared l+irerl 114,54 , 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 t)(1 is personally known to me, or who 1 did produce
as identification.
Type/Print Name
[A05-00152 /244979/11
My commission expires: 1 e/21/.241)
o0111111 I 1111/10
ogYrile
/ STATE.'•
(
P
.TENNESSEE
NOTARY !
ON C
innoo
STATE OF TENNESSEE
COUNTY OF HAMILTON
AFFIDAVIT OF NO LIENS
ss
BEFORE ME, the undersigned authority, personally appeared n DMA I , 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:
Sae Exhibit A appended hereto and by this reference made a part hereof
2. That there has been no labor performed or materials furnished ori said property for which
there are unpaid bilis for labor or materials against said propeity, other than 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.)
Nope
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 current survey, except:
(list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been
entered.)
None
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.
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 /244878/1)
Signed, sealed and delivered
in the presence of
Witness signatures
—1—thi (Ili I girl
Print witness nate
/i
‘qt I
Witness signature
n A..
va
SA1s
Print witness name
STATE OF TENNESSEE
ss
COUNTY OF HAMILTON
Guifview Lodging, LLP
Before me, the undersigned authority, personally appeared n, 'von DetE4, , who executed
the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed
personally, for the use end purposes herein set forth, and who rA is personally known to me, or who [ j did
produce as identification.
N o ry Public - State of Ten ee
Type/Print Name
[A05-00152 79/1]
My commission expires; t 212m
Immin
0T
STATE
OF
?TENNESSEE'S
NOTARY
PUBLIC./
7.0N CO
SECTION 7 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA
SKETCH OF LEGAL NOTA SURVEY
EXIH!BIT "A"
LEGAL DESCRIPTION: DRAINAGE AND UTILITY EASEMENT
A PORTION OF THE VACATED RIGHT-OF-WAY OF GULFVIEW
BOULEVARD, AS RECORDED IN OFFICIAL RECORD BOOK 20203, PAGE
1614 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING
FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 71,
LLOYD—WHITE—SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK
13 PAGES a. AND 13 OAF THE t�%irw^J i( RECORDS O P!NELLAS
COUNTY, FLORIDA AND THENCE RUN NORTH 8350'17" WEST ALONG
THE NORTH RIGHT—OF—WAY OF 5th STREET, A DISTANCE OF 3.68
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
8350'17 WEST, A DISTANCE OF 10.03 FEET; THENCE LEAVING SAID
RIGHT—OF—WAY, NORTH 1015'10" EAST, A DISTANCE OF 54.86 FEET;
THENCE NORTH 7650'31"' WEST, A DISTANCE OF 13.83 FEET; THENCE
SOUTH 19'33'53" WEST, A DISTANCE OF 42.75 FEET TO THE
INTERSECTION WITH THE EAST RIGHT—OF—WAY LINE OF THE NEW
ALIGNMENT OF GULFVIEW BOULEVARD; THENCE NORTH 13'14'12" EAST
ALONG SAID EAST RIGHT—OF—WAY LINE, A DISTANCE OF 49.94 FEET;
THENCE LEAVING SAID LINE, SOUTH 76'49'32* EAST ALONG THE
WESTERLY EXTENSION OF THE NORTH BOUNDARY OF AFORESAID LOT
71, A DISTANCE OF 30.91 FEET; THENCE SOUTH 29'07'46" WEST, A
DISTANCE OF 8.46 FEET; THENCE SOUTH 10'15'10" WEST, A DISTANCE
OF 52.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 865 SQUARE FEET OR 0.0199 ACRES MORE OR LESS.
LEGEND
P.O.0 - Point of Commencement
P.0.8.. - peint of Deplaning:..
PRMermanent Befws nos Monument.
FCtd - Found Concrete Monument (No Number)'
( LLD ). - Dote per Description )) - DEED Coto
F - feed Dota
p e s)
= pf c of Record Book
P.B. - Plat Book
R/W = Right—of—way
r.i.�: = Prateaeleno I.nd. Surveyor
e
FOP = Found Open Pipe (No Cop).
F/T'' = Fence Eke
FIR = Found Iron Rod
EPP = Found Finch Ppa
Set iron & Cop l/2.• 45. #4878.
0,4111101/.,
ee�rlJr�'•.
&WET IS SUBJECT TO A 11ILE SEARCH FOR EASEMFATS, RIGHTS-OF-WAY AND O11*8 MATTERS
OF RECORD. BAS OF BEARINGS ARE ASSUIIEC M40 REFERENCED T4 THE NORTH RIGHT OF WAY OF
5th SlRE£T. @EARING N 83'50'17' W. NO UNDERGROUND LOCATED UNLESS SHOW HEREON.
CER)7F/CA 1TON:
CERTIFIED AS A SKETCH OF LEGAL
UNLESS IT BEARS 11* SIGNATURE AND 11* ORIGINAL RAISED SEM.
OF A FLORIDA LICENSED SURVEYOR & MAPPER OR DIGITALLY SIGNED.
IRIS DRASSING, SKETCH, PLAT CR MAP IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT VAIJD.
=D L
GUY D. HALE PLS if 4626
-Mom nt
JOB NUMBERS 2016231 DATE: 10-18-2019
G u Y"
LAND 9URvEYING
406 SO. ARCTUR4SA"VE STE 1
CLEARWATER FL 33765
(727)734-44266 GHsurveyorrgmarnn
SECTION 7 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA
SKETCH OF LEGAL NOTA SURVEY
li:
Z
Jr
34
02'1
r,/
51
kid
J.Z.
J
6
LEGEND
EXHIBIT "A"
3
oI
ZL I
9R
DRAINAGE &
unu1Y
EASEMENT
S 76.9•
76.4 t932. E 3800' alA
�91.
0
/
/
/
f
r
0
S 29'07'46" W
8.46'
1—
Q.
O
Z
0
S.W. CORNER LOT 71
N 83'50'17" W
3.68'
1
7
110
P.O C.. = Fotnt.. of. Commaneamant
P.0.& _' Point of attoingtng
PRM - Parmonaat Reference Ygnwnent
FOA • Found Canareta Monument (No Nww.r)
(P) (tato par Oaadottaa
((0)j . GEED pots
F - Plaid Godo
PG,(aI) - Pegs (s)
0. OmCId Record bode
P.B. = Plat Book
RAM" - Right—of--riot'
P.L.S..: Profttofonai Lond &poor. r
Ft _� found. Pip. (No Cop)
FIT . Fano! no
FtR = Found kon. Rod.
FRP = Found Pi,cf Pipe
W.A. Set Iron & ..Cop i/2' LS. #4626
GRAPHIC SC
1 = 20'
0 20 40
SURVEY IS SUBJECT TO A TINE SEARCH FOR EASEMENTS, RIGHTS-OF-WAY Ate
OTHER MATTERS OF RECCRD. BASIS OF BEADS ARE ASSUMED AND
TO THE NCRTN RIGHT Cr NAY Cr 5th STREET. BEARING N Brat i
W. NO I DEROROUNID LOCATED UNLESS NOM HEREON.
JOB NUMBER. 2016231 DATE:10-18-2019
G
H' -
L AND
SURVEYING
408 SO. ARCTURASA VE STE. 1
CLEARWATER, FL 33765
(72) 734-4S66 GHsurveyor lgnt al(.com