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20-02RESOLUTION NO. 20-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM 1250 MAIN, L.L.C., FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from 1250 Main, L.L.C. for the construction, installation, and maintenance of certain 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 Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 20-02. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1tith day of q l2f7tL X , 2020. gears( (\ George N. Cretekos Mayor Appr•ve• as to form: Attest: Laura Mahony Assistant City Attorney Rosemarie Call City Clerk Resolution No. 20-02 EXHIBIT A TO RESOLUTION 20-02 Return to: Rob Brzak Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758-4748 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, 1250 Main L.L.C., a Florida Limited Liability Company, iriiiose mailing address is 001 Bayview Dr. BeIieair, Florida 33756 ("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 and construct, reconstruct, install and maintain sanitary 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. 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 ail 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, IL WITNESS VEREOF, the undersigned grantor has caused these presents to be duly executed this / 79day of Ws ecem , 2019. Signed, sealed and delivered in the presence of: 1250 Main Vitness signatu e frfge,..e-Ti-) e rc-C, ‘164 e cc_ e Print witness dame ignature Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS ,foolos Before me, the undersigned authority, personally appeared { cNkr4 1)0 11 .';" as IY\ 07,R 1250 Main L.L.C., who executed the foregoing instrument, and who acknowledged the execution thereof to his/her free act and deed personally, for the use and purposes herein set forth, and who [ is personally known to me, or who [ ] did produce as identification. Notary Public - te of Florida 6hdteti •E Type/Print Name My commission expires: EXHIBIT A =CR OF DISCRIMION FOR UmzTT'ABS NOT ABM SEE SHEET 2 FOR SYMBOL LEGEND & ABBREVIATIONS MAUI= ui SECTION 14, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA 1.------W,•21.-- .� I „s- "I eeERLEt OLNPNtY QN Otl4gpOEeRMPtEiatQt .WIY EAEDBIT lg0. NONNI .zi Ren !ENiEYAt aONDQ No7►aatR' FeowEO/ONRGoMe K* 7 i' �G. WDw9�DN1YMs GULF TO .BAY.81(JLVARO AKA STATE ROAD : BO 100'. Rj FLOOD INFORMATION: Z01E: x RIMIER: 12103COlO6H GATE. 05-17-2005 o4 SHEET 1 OF 2 LEGAL: SECTION 14, TWP. 29 S., RGE, 15 E. PLEASE SEE ABOVE FOR LEGAL CERTIFIED TO: 1250 MAIN, LLC FREDERICK S. BACHMANN PROFESSIONAL LAND SURVEYOR LICENSE NO. 5174 1425 GULF TO BAY BLVD. CLEARWATER. FLORIDA 33755 PH. (727) 421-6457 FIELD WORK BY; DRAWN BY: F.9; DATE: 10-02-19 DATE: 10-02.,-19 REVISION DATE: 1: TTNA, , AaAMR ont aTAIOMIT. 2; FB J08 #[ 19.004 CERTIFICATION: TRS RUMMY AS NOT YAW VATNRR THE'SMAMIURE MO °OpNAL RAM MAL OF A ALMA SWEETER.. MC NAPPER FREDERICK S. OA aM M* DAME. OF SIaNARRE FLORIDA PROCES$pNAL LARD CMSEYCR. MASER: ST74 i w NMI= OP LIGAL DiA9CRIPT!ON TOR UMW MUNIMIT MT A wart SEE SHEET 1 FOR SKETCH (LI IFO cF NO 00 IW SPE SECTION 14, TOWNSHIP 29 SOUTH. RANGE 15 EAST PINELLAS COUNTY, FLORIDA OVERALL BOUNDARY LEGAL DECSR1PTION: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF JUPITER AVENUE AND GULF -TO -BAY BOULEVARD, AS SHOWN ON THE PLAT OF UNIT 1 OF SKYCREST SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE RUN NORTH 00°33'28: WEST, 200 FEET; THENCE RUN NORTH 88°47'06" WEST 135 FEET; THENCE SOUTH 00°33'28" WEST 200 FEET; THENCE SOUTH 88°47'06" EAST 135 FEET TO THE POINT OF BEGINNING; BEING A TRACT OF LAND 135 FEET ON GULF -TO -BAY BOULEVARD BY 200 FEET ON JUPITER AVENUE, SAID LANDS LYING AND BEING IN THE SOUTH HALF (S I/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 114) OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 15 EAST. LEGEND A C00004040 00. •madiiii.04 CAPE 000090.04ANA Pn .401000 OAP PCP vasie psthic PON 4flimar Mks PLS •* c888. POO ims401040 PENS POC Allami4014104miloor PRL1 AilaciNsiriNevema PE 000MANsAls Seek •0410001010 Piitikdi •P010440 Comci Pas 4 PAWN Psdisibut tariii**0444 • P404 of 04EniNg PON 4400001444004 A PeAmmixtRiName ON 01 Piled OPEL O888moisr4 Mass* aC .Comaleamrab CM .a.litii1141416 CASW WPM* O. *COM*" �F .01•Mb8rIMO• CO, • CiNinem OP ommim mriN pm• CROP Commisid10011PMA Cans *Commis 4 AIWA P* 0.0. 011d88* MA. vOiimeiN D • 000•04 0811 •Wimp MiNPNIO EIF *EMPIPIP0vment EL A EN.. 800 AMMO VO* P011 APNANI Wm 044 & Om FOE APponteanairaMartivest P88alNmo loon RIM No Cap AV* NE04 PAAmi NOE OSP PUP PANNONIA PM* PPP 888188881*88118 CLL 0rtNi010 EV •GM* VIPs HYD #18*yAw* LE. 11814 818888n LB COI** 041eosis IP 'UKP* VI *Lousy PtarElmmisr MAL AMP* 44 Lim MES *Nitwit 8,8 Ss hIP "NINLIFNAMs ?vim •pAd PENS* NNE 414M RAAB 0.40imai4 POISE f woo A*040 roo • RCP • Rei)knod Conalt•RIC, ANA ..grommommmummiLeamm SIR SIRIMIROdiCsp MINN SNAP A $0,0111101141007410 A•Sordrivliii040 • 1410NewyMindme0 Tmo pi Sok At* Maw WIN PON WP 0/40,4;40.0 .-ristoolAbtee SPAii BOO TOS 11P SYMBOL LEGEND .P•Wvirtfavir * Flre tirimrs 0 • OON PO4 V Oily AsMai * • Wilw1104i v— ASO ISmtry MEWS 000040 MPAPAN A Saimm IMP oiSpoi 88880 * °WV* %NNW 41 Flo8dliM4 •• Mow IF ParNikri StAVEYORI NOTES 1. BEARINGS 9401AN ARE BASED ON THE RECORD LEGAL DESCRIP11014.,UNE 2.. DIMENSIONS SHOWN ARE IN FEET AND DECIMAL PARTS THEREOF, SHEET 2 OF 2 N FLOOD INFORMATION: ZONE: X NUMBER; 1210300106H DATE 05-17-2005 LEGAL: J SECTION 14, TWP. 29 S., RGE. 15 E. PLEASE SEE ABOVE FOR LEGAL CERTIFIED TO: 1250 MAIN, LLC FREDERICK S. BACHMANN PROFESSIONAL LAND SURVEYOR LICENSE NO. 5174 1425 GULF TO BAY BLVD. CLEAR WATER FLORIDA 33755 PH. (727) 421-6457 DATE: 10-02-19 DRAWN BY: DATE: 10-02-19 REVISION DATE: 14/0.04 WM= Ine 01 LalitlaDr 2. JCB # 19-004 CERTIFICATION: Vim 01111VEY IF POT PAW VATHOUT 1)€ OCNATURE PRO ORMIR. PASES SEAL Cr 0 FLORCA ONNEYOR AND MAPPER rfamtoc 5. BACHMANN OATC Of MONAIVRE MOMS PROcEsSicELAL LAPO SURVEYOR MIMES 5114 AFFIDAVIT OF NO LIENS STATE OF FLORIDA s COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared MAR.! KOL113-q#0 rucv as PI 6-12.114 14 of 1250 Main L.L.C., 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. That there has been no labor performed or materials furnished on said property for whic there are unpaid bills for labor or materials against said property, 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.) 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.) 4/0 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. 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. INITNESS WHEREOF,.the undersigned grantor has caused these presents to be duly executed this %7" day of •ec.'ivtb r , 2019. Signed, sealed and delivered in the presence of Print witness name 1250 Main L.L.C. Merinos G. Kot opoulos. STATE OF FLORIDA COUNTY OF PINELLAS Before me, the undersigned authority,personallyepvt©S appeared �CY';z t' as riltS k 1250 Main LL.C., 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 [ j is personally known to me or who [ j did produce as identification. 44., No ary Public - S : ss My commission expires: •..St.:t•4• s,.F •'.a f 02276 A