20-07 RESOLUTION NO. 20-07
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM FLORIDA SPINE
PROPERTIES, LLC, FOR THE CONSTRUCTION,
INSTALLATION, AND MAINTENANCE OF CITY UTILITY
FACILITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a utility easement from FLORIDA SPINE
PROPERTIES, LLC 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 20-07
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _21 i- day of May , 2020.
jnkV7 rC/4-1°-
Hibbard
Mayor Cyt ftT is
Approved as to form: Attest: 44► ,0
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Laura Mahony Rosemarie Call 17.0 "";
Assistant City Attorney City Clerk `q
EsriausIO
Resolution No.20-07
EXHIBIT A TO RESOLUTION 20-07
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
UTILITY EASEMENT
.1
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, Florida Spine Properties,LLC,a Florida
Limited Liability Company, whose mailing address is 2250 Drew St. Clearwater, Florida 33785 (-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 any and all 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 shalt 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.
1 WITNESS VWHgREOF , the undersigned grantor has caused these presents to be duly executed
this day of F.- , U Q. , 2020.
Signed,sealed and delivered
in the presence of: Florida Spine Properties, LLC
1 rtness sign ure
Gablifc) o�j�-4rP
Print witness name
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Witness signature
T � '✓/J
Print wirriess name
STATE OF FLORIDA •
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared arrilik Li ipnco , as
Florida Spine Properties, LLC who executed the foregoing instrument, and who
arrcliowleralged the execution thereof t9-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.
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Ar-an9ibojr0 My commission expires: $112121
Notary Public-State drFlorida
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Type/Print Name
. `..r• ROSE A BINGHAM
+.. Note Public-State d Florida
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA •
: ss
COUNTY OF PINELLAS Lt J
r `°BEFQ7en�ersigned authority, personally appeared
as
of Florida Spine Properties, LLC.,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.)
HOME
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
enter.),
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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.
IN WITNESSH REOF1_the undersigned grantor has caused these presents to be duly executed
this % day of r .AbfL( ,2020.
Signed, sealed and delivered
in th- presence of: Florida Spine Properties, LLC
tti ' tzt ( --e__./(- Qa..—
rtness signa re
Ccibrie ( _c(a v
Print witness name
Witness signature
r lay..}
Print • ess name
STATE OF FLORIDA •
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared da1.4bjtr, as
f Florida Spine Properties, LLC, who executed the foregoing instrument, and who
aTc=ackn ed the execution thereof 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.
e---?,06A.---' 1 el 8 ry j My commission expires: 11/12/21
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Notary is-S °= of Florida
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Type/Print Name
I :;.";;'p'; ROSE A BINGHAM I
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NW a ILL "EXHIBIT A"
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2911
BairCENTERLINE OF DREW STREET LEGAL DESCRIPTION AND SKETCH
�, OF UTILITY EASEMENT FOR
's8$l
SANITARY SEWER USE
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DREW STREET
L. SOUTH RIGHT OF WAY LINE OF DREW STREET
aerest:es 220.00.000)
LEGAL DESCRIPTION:
BEING A PORTION OF 2251 DREW STREET, $ I
CLEARWATER, FLORIDA,MORE PARTICULARLY DESCRIBED m
AS FOLLOWS: ; I
COMMENCING AT THE NW CORNER OF THE NW}OF NW
OF SECTION 18,TOWNSHIP 29 SOUTH,RANGE 16 EAST;
THENCE RUNNING S89°22'51'1E,ALONG THE CENTERLINE OF .
DREW STREET,553.20 FEET;THENCE DEPARTING
CENTERLINE AND RUNNING S00°18'05"W,A DISTANCE OF I
50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE
OF DREW STREET;THENCE RUNNING WITH SAID UNE f 4
S89°22'51"E,A DISTANCE OF 220.00 FEET;THENCE POINT OF THE
DEPARTING SAID LINE AND RUNNING SO0'18'054W,A BEGINNING
DISTANCE OF 318.60 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S00°18'05'W,A DISTANCE OF 40.00
FEET;THENCE RUNNING N89'22'51"W,A DISTANCE OF 10.00 S89°22'51"E 10.00' ,1
FEET;THENCE RUNNING N00°18'05"E,A DISTANCE OF 40.00
FEET;THENCE RUNNING S89°22'51"E,A DISTANCE OF 10.00 8
FEET TO THE POINT OF BEGINNING. BEING A PORTION OF 6 g
2251 DREW STREET E E
CLEARWATER,FLORIDA
0 10 20 40
18.29.16.00000.220.0300 k
SCALE: 1"4= 20'
Nag m of"I lf0.00.0) N89°2751'W 10.00'
MANNA
PAR=
1•29.14.00000.1110.0800
I HEREBY CERTIFY THAT THIS SKETCH IS TRUE AND CORRECT
AND IS NOT VALID WITHOUT ANAUTHENTICATED ELECTRONIC
NOT A SURVEY SIGNATURE AND SEAL, ORA RAISED EMBOSSED SEAL AND SIGNATURE
BILL HYATT
Surveyor&Mapper Number 4698
(c)2019 Know It Nov, Inc.
Melds Dulness c«wcMu Of LOCA1ON - 2011 PEDMDENO AVENUE. DUNEDIN. FL
AWqutralonNumbs(LB8Q12 VOICE 727-415-8305 FLORIDASURVEYOR@AOL.COM
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2251 Drew St.
Prepared by: Parcel: 18-29-16-00000-220-0300
Engineering Department l
Geographic Technology Division 1
100 S.Myrtle Ave,Clearwater,FL 33756 1- --- —-_ -.-- _
Ph:(727)562-4750,Fax:(727)526-4755 Grid#:290A . S-T-R:18-29s-16e I Aerial Flown 2019 I Map Gen By:WD Reviewed By: RB Date:5/5/2020 1 Page 1 of 1
www.MyClearwatecwm
Document Path:C:\Users\Wiolena.Dabrown o Chy of ClearwaterfEngineering Geographc Technology-Location Maps12251 Drew Si.mxe