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GULFVIEW LODGING LLPReturn to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT COUNTY, FL AND COMPTROLLER PINELLAS C INST# 2020045836 0211112020 09:08 AM OFF REC BK: 20878 PG: 1484-1487 DocType:EASEMENT RECORDING: $35.50 D DOC STAMP: $0.70 DRAINAGE & 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, 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 CITY 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 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. [A05-00152 /244979/1] IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 31:-=.4 day of Ltcetr►b&r , 2019. Signed, sealed and delivered in the presence of: Witness signatuya Terri tin/J�, Print witness ntme it l \� ) bur Witness signature Saab S�o1c-�s Print witness name STATE OF TENNESSEE : ss COUNTY OF HAMILTON Gulfview Lodging, LLP Before me, the undersigned authority, personally appeared 1--1-i ren i}¢Sci i , 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 [ (] is personally known to me, or who [ ] did produce as identification. ary Public - State of Ten r ssee Jason Roth 14 kc/ Type/Print Name .l [A05-00152 /244979/1] My commission expires: [ZM/20 11111 I 111/1/0 �• \�� ` \� O'T ... ?�\CO STATE •••. .1. O F •• ;TENNESSEE _ NOTARY PUBLIC,./,(1- ''•,2j�' ....... ••••,-\ •i,,,/'z ON *11C0`\\\\�� AFFIDAVIT OF NO LIENS STATE OF TENNESSEE : ss COUNTY OF HAMILTON BEFORE ME, the undersigned authority, personally appeared t-+ ire n DQSct 1 , 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 which 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.) None 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.) None 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. [A05-00152 /244979/1] Signed, sealed and delivered in the presence of: Gulfview Lodging, LLP UOU2i‘ Witness signature �Ztri (.tai IILs Print witness naf e Witness signature S Vt0A SY/-S Print witness name STATE OF TENNESSEE : ss COUNTY OF HAMILTON Before me, the undersigned authority, personally appeared &H rs-v D2Sa, , 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 [X] is personally known to me, or who [ ] did produce as identification. N 1f. ry Public - State of Tend ssee 34Eorr kart•hP^r1 - Type/Print Name [A05-00152 /244979/11 My commission expires: t •-1 Pf J*2-0 \\` R O Ty '�., SA•*. FE 53•' :TENNESSEE: NOTARY r PUBLIC SECTION 7 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA SKETCH OF LEGAL NOTA SURVEY EXIHIBIT "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 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THENCE RUN NORTH 83°50'17" WEST ALONG THE NORTH RIGHT—OF—WAY OF 5th STREET, A DISTANCE OF 3.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 83'50'17 WEST, A DISTANCE OF 10.03 FEET; THENCE LEAVING SAID RIGHT—OF—WAY, NORTH 10'15'10" EAST, A DISTANCE OF 54.86 FEET; THENCE NORTH 76'50'31" 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.C. = Point of Commencement P.O.B. = Point of Beginning PRM = Permanent Reference Monument FCM = Found Concrete Monument (No Number) ((P)) Dota per Deecriptlon (D) = DEED Data (F = Field Data PG.(s) = Page (s) O.R. = Official Record Book P.B. = Plot Book R/W = Right—of—way P.L.S. = Professional Land Surveyor = Centerline F = Found Open Pipe (No Cap) F/T = Fence Tie FIR = Found Iron Rod FPP = Found Pinch Pipe S.I.R. = Set Iron & Cap 1 /e L.S. #4626 SURVEY IS SUBJECT TO A 11TLE SEARCH FOR EASEMENTS, RIGHTS—OF—WAY AND OTHER MATTERS OF RECORD. BASIS OF BEARINGS ARE ASSUMED AND REFERENCED TO THE NORTH RIGHT OF WAY OF 5th STREET, BEARING N 8350'17' W. NO UNDERGROUND LOCATED UNLESS SHOWN HEREON. CER 17F/CA TION.• CERTIFIED AS A SKETCH OF LEGAL UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR & MAPPER OR DIGITALLY SIGNED, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. GUY D. HALE PLS # 4626 JOB NUMBER: 2016231 DATE: 10-18-2019 G u �r LAND CJURVEYING 406 SO. ARCTURASAVE. STE. 1 CLEARWATER, FL 33765 (727) 734-4266 GHsurveyor )gmai/. com SECTION 7 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA SKETCH OF LEGAL NOTA SURVEY EXHIBIT "A" tt w 0/ sa ca SIR DRAINAGE & uTIUTY EASEMENT S S 76•49,32.:e 3s00. 0/4 a 97, 0 0 S 2707'46" W 8.46' 0 S.W. CORNER LOT 71 N83'5O'17"W 3.68' 110 LEGEND P.O.C: = Point of.Commencement ROA, = Point of Beginning PRM = Permanent Reference Monument FCM round Concrete Monument (No Nutlike() (P) Doto per Deecriptlon D - DEED Dote f - Field Dote PC.() = Pa9e. (s) O.R. = °tectal Record Book P:B. = Plat Boric RAN = Right -of -may P,LS. - Professional Land Surveyor. GC, Centerline FOP = Found Tie Pipe (No Cop) F,'T -Fence Tie BR = foend Iron Red FRP = Found Pinch Pipe - Set tron 8 Cep i/2' LS. /4626 GRAPHIC SC 1" = 20' 20 vi Go' R/W 40 SURVEY IS SUBJECT TO A DRE SEARCH FOR EASEMENTS, RICNTS-GF-WAY AND OTHER MATTERS OF RECORD. BASIS OF BEARONGS ARE ASSUMED AND R g�."N.%.tD TO T!'E NORTH RIGHT Cr WAY or ..th "aTREET os .RnG , oY5O1r W. NO UNDERGROUND LOCATED UNLESS SHOWN HEREON. JOB NUMBER: 2016231 DATE: 10-18-2019 GLW H"-' LAND 5URVE ING 406 SO. ARCTUR4SA-VE. STTE. f CLEARWATER, FL 3$765 (727) 734-4266 GHsuveyoreggmaftcam