20-24RESOLUTION NO. 20-24
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM WEINGARTEN
NOSTAT INC, FOR THE CONSTRUCTION, INSTALLATION, AND
MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a utility easement from WEINGARTEN NOSTAT
INC, 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 20-24.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 4th day of June , 2020.
Approved as to form:
fet-'• Laura Mahony
Assistant City Attorney
Fjnk V. Hibbard
Mayor
Attest:
6dLrvc ah e,
Rosemarie Call
City Clerk
Resolution No. 20-24
Exhibit "A"
To Resolution 20-24
Retum to:
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL 33755
Parcel I. D. No. 06-29-16-00000-410-0200
IGAS 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, Weingarten Nostat Inc, a Florida Commercial
Reit whose principal address is 2720 E Colonial Drive, Orlando FL 32803 ("Grantor) does hereby grant and
convey to the CRY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Grantee"), a non-exclusive,
gas utility easement over, under and across the following described land lying and being situate in the County of
Pinellas, 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")
This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater
Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises to construct, reconstruct, install and maintain therein the herein referenced
natural gas transmission 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. 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 five
(5) feet easement (herein referred to as the "Easement Area"), 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, underground conduit, pipes,
facilities appurtenant equipment for the provision of natural gas as the same may be installed
from time to time; 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. 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 and owner approved
method.
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 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 landscaping and related irrigation, disturbed thereby to as near as practicable the
condition which existed prior to such activities.
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 driveways,
parking areas, landscaping and related improvements) provided such construction does not
unreasonably impair Grantee's access to the Easement Area or Grantee's ability to repair,
replace and service the Facilities within the Easement Area.
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.
[A04-02064 /176103/1] -
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,
then Grantee shall, within a reasonable time thereafter, 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 of the Easement
Premises 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
/5- day of OCrog,'i , 2019.
Signed, sealed and delivered
in the presence of
ct .A "—
WITNES ignature
Nn. LCAA.A v�ciV�
Print Witness Name
WITNESS sign t v
L 1`v ay.
Print Witness N
Weingarten Nonstat Inc.
2720 E Colonial Drive, Orlando FL 32803
Stephen F. Trommsdorff
Sr. Project Manager
STATE OF FLORIDA
COUNTY OF Orange :
Before me, the undersigned authority, personally appeared ` ti't'""" ` Fs 1-fOtvuv. CiortT,
as Sr. Pro) e na.olt r of ,L Florida Commercial REIT,
whom, being duly authorized, personally executed the fore oing instrument"ori behalf of said LLC on the
aforementioned date, and who acknowledged the execution thereof to be free act and deed for the use
and purposes herein set forth, and who [L•lis personally known to me, or who [ ] did provide
as identification.
: ss
otary Public - State of Florida
iZ A clVic 1 M Wax -1-w\
Type/Print Name
[A04-02064 /176103/11
My commission expires:itA� 31, 2023
Exibit A
Sketch of Description
[A04-02064 /176103/1]
Kevin Randolph E:14005.04 CLEARWATER GAS SYSTEMSIUS HWY 19111161_11162 CLEARWATER GAS.dwg -- Plotted: 3/10/2020 9:04:36 AM Saved: 3/10/2020 9:03:16 AM
LEGAL DESCRIPTION: 5' GAS LINE EASEMENT
AN EASEMENT FOR GAS LINE LOCATED IN SECTION 6, TOWNSHIP 29 SOUTH , RANGE 16 EAST, PINELLAS
COUNTY, FLORIDA.
COMMENCE AT THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE S 01 °06'36" W, 239.28 FEET TO A
POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 6; THENCE N 88°53'24" W, 100.00 FEET
TO THE WEST LINE OF PARCEL #062916000004100200; THENCE CONTINUING N 88°53'24" W, 3.83 FEET TO THE
POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES AND DISTANCES:
L1 3.45' N81°34'36"W
L2 11.55' N78°45'52"W
L3 20.93' N78°24'29"W
L4 13.24' N74°03'25"W
L5 18.57' N74°54'39"W
L6 1.88' N70°18'39"W
L7 14.86' N76°15'04"W
L8 3.45' N83°48'47"W
L9 27.60' N83°05'25"W
L10 27.75' N89°51'16"W
L11 10.52' S88°05'22"W
L12 31.31' S89°12'22"W
L13 7.70' N84°13'10"W
L14 38.21' N85°39'46"W
L15 22.81' N89°24'17"W
L16 16.63' S89°42'40"W
L17 16.00' N87°49'20"W
L18 42.12' N89°07'51"W
L19 38.15' S89°24'25"W
L20 58.94' S2°29'43"W
L21 61.57' S1°33'05"W
L22 4.75' S2°32'02"E
L23 5.00' N87°27'58"E
L24 4.57' N2°32'02"W
L25 61.35' N1°33'05"E
L26 54.16' N2°29'43"E
L27 33.35' N89°24'25"E
L28 42.00' S89°07'51"E
L29 16.05' S87°49'20"E
L30 16.70' N89°42'40"E
L31 22.61' S89°24'17"E
L32 37.98' S85°39'46"E
L33 7.93' S84°13'10"E
L34 31.64' N89°12'22"E
L35 10.48' N88°05'22"E
L36 27.37' S89°51'16"E
L37 27.34' S83°05'25"E
L38 3.15' S83°48'47"E
L39 14.27' S76°15'04"E
L40 1.82' S70°18'39"E
L41 18.73' S74°54'39"E
L42 13.39' S74°03'25"E
L43 21.14' S78°24'29"E
L44 11.68' S78°45'52"E
L45 3.57' S81 °34'36"E
L46 5.00' N8°25'24"E
THENCE N08°25'24"E, 5.00 FEET TO THE END OF SAID EASEMENT AND THE POINT OF BEGINNING CONTAINING
0.06 ACRES MORE OR LESS.
PROJECT:
MAIN ID#11161_#11162 GRID 263B
DATE:
REVISION: BY:
TASK:
5' GAS LINE EASEMENT U.S. 19 NORTH
PREPARED BY:
11'
WGIm
3111 W. Dr. Marlin Luther I0ng Jr. Blvd, Suite 375, Tampa, FL 33607
Phone No. 866.909.2220 www.wginc.com
Cert No. 6091 - LB No. 7055
CAD 11161_11162_CLEARWATER GAS.DWG
DRAWN/DESIGNED KER
CHECKED/QC
DPC
JOB NO. 4005.04 US 19N
DATE 03/06/2020
SHEET:
1 OF 3
Kevin Randolph E:14005.04 CLEARWATER GAS SYSTEMSIUS HWY 19111161_11162 CLEARWATER GAS.dwg — Plotted: 3/10/2020 9:04:49 AM Saved: 3/10/2020 9:03:16 AM
SKETCH AND DESCRIPTION FOR 5' GAS LINE EASEMENT
P.O. C.
PARCEL ID
062916000004100100
<---
v
4RANGE
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4
I
Ihco
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Li
T
1 PER
(D
Nk
1/4 CORNER
OF SECAON 6
TOWNSHIP 29
SOUTH
16 EAST
CCR#106336
(5
PARCEL ID
062916000004100200
16
14.1
.0 1:1
N �� O
2
Itp(n
\
019 018 L17 LIS 014 1 L,2LI 010 Lq �) 6 Li�'D'B
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1.27 1.28 L29 L30 031 132 L33 L34 L36 L37�
is 453
ts
183' (t j m Q SOUTH DRIVE
co
usrywr
S
LI+E r�TARE£t5F].881r
LAE74.61E
L
L. /
LENc1N
OIRE'Cnanr
LI /
[ENGIN
011E00 1
L40
1.4 L L -
01 ` w
CCD
LI
.145'
N81'3428 19
1.24
4.57'
N2'32'0211.
I = -
12
71.55'
N78'45'52'W
1.25
81..x1
NI J3'05'E
US
L3
20.93'
N782429 W
126
54.16'
N229431
/
1.4
13.24'
N7423251V
1.27
33.35•
N8914151
1
L22\ jL24
L5
18.57'
N74242914
128
4200'
519707211
023
LB
1.88'
147018291,1
129
168.7
5874920 E
lj
1.7
14,86'
87675'04w
130
1x70'
N89'42407•
LQ
145'
146348'471V
L31
2281'
589.24'171
SOUTHEAST CORNER
SECTION 6
L9
2790•
14183252514
L.32
37.95'
=WW1',
'TOWNSHIP 29 SOUTH
l 00
L10
27.75'
N69•s1'f61r
135
7.93'
561'13'10E
RANGE 16 EAST
PER CCRf106335
LII
10.52'
588'0522'W
134
31.84'
N891222
RIGHT
1.12
31.31'
S89'/2'2Pw
13s
10.48•
NB8'0572 E
OF
Lis
7.70'
N84'13'IOw
136
27.37'
5875716$
WAY
L14
38.21'
1485:39'411V
1 37
27.34'
58310575f
I
L15
2281'
103924'17w
138
.115'
583'48'471
L18
18.63'
589'42'401Y
L39
14.27'
S76'15'04T
L17
1600'
148749Z0w
1.40
1.82'
57018291
I
1.18
4212'
hero7'5Iw
041
18.73'
57454591
1.19
38.15'
580'24'1512'
1.42
13.x'
57403 5'E
120
58.94'
5279'4312'
L43
21.14'
578'24291
L21
81.57'
51133 2519
1.44
11.66'
575'452217
L22
4.75'
52'202'
1.45
3.57'
58124281
I
1.23
SOC
N8727'581'
L46
5.00'
N825241
LEGEND:
OR = OFFICIAL RECORDS 0 100 200
BK = BOOK 1 / \
P=PAGE
1 INCH = 100 FEET
P.O.B. = POINT OF BEGINNING (INTENDED DISPLAY SCALA
P.O.C. = POINT OF COMMENCEMENT
Feet
ALL OFFICIAL RECORDS SHOWN IN THIS SKETCH AND DESCRIPTION ARE DERIVED FROM THE
OFFICIAL RECORDS OF PINELLAS COUNTY
PROJECT:
MAIN ID# 11161 _# 11162 GRID 263B
DATE: REVISION: BY:
TASK:
5' GAS LINE EASEMENT U.S. 19 NORTH
PREPARED BY:
CAD 11161_11162_CLEARWATER GAS.DWG
DRAWN/DESIGNED KER
SHEET:
iliy
1VVG I®
CHECKED/QC DPC
3111 W. Dr. Martin Luther IGng Jr. Blvd, Suite 375, Tampa, FL 33607
Phone No. 866.909.2220 www.wginc.com
Cert No. 6091 - LB No. 7055
JOB NO. 4005.04 US 19 N
2 OF 3
DATE 03/06/2020
NOTES
1. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD
SURVEY AS SUCH.
2. THE BEARINGS SHOWN HEREON ARE GRID NORTH REFERENCED TO THE NORTH AMERICAN DATUM 1983
(2011) ADJUSTMENT, AND BASED ON THE SOUTHEASTERLY LINE OF SAID SECTION SIX BETWEEN THE
EAST 1/4 CORNER OF SAID SECTION 6 AND THE SOUTHEAST CORNER OF SAID SECTION 6 WHICH BEARS
3. S 01°06'36" W.
4. THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN
HEREON.
5. THIS SKETCH AND LEGAL DESCRIPTION HAVE BEEN PREPARED WITHOUT A REVIEW OF A TITLE POLICY
OR OWNERSHIP AND ENCUMBRANCE REPORT; AND IT IS POSSIBLE THAT THERE ARE EASEMENTS OR
OTHER INSTRUMENTS WHICH COULD AFFECT THE SUBJECT PROPERTY, IN PARTICULAR OTHER
EASEMENTS OF RECORD THAT MAY BE IN CONFLICT WITH THE GRANTING OF THIS EASEMENT.
6. DATUM = NAD 83, 2011 ADJUSTMENT
ZONE = FLORIDA WEST
LINEAR UNITS = U.S. SURVEY FOOT
COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION.
For The Firm
Wantman Group, Inc.
BY: DATE:
3 294 c
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO.7128
PROJECT:
MAIN ID#11161_#11162 GRID 263B
DATE:
REVISION: BY:
TASK:
5' GAS LINE EASEMENT U.S. 19 NORTH
PREPARED BY:
\1'
WGIm
3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375, Tampa, FL 33607
Phone No. 866.909.2220 www.wginc.com
Cert No. 6091 - LB No. 7055
CAD 11161_11162_CLEARWATER GAS.DWG
DRAWN/DESIGNED KER
CHECKED/QC
DPC
JOB NO. 4005.04 SR52
DATE 03/06/2020
SHEET:
3 OF 3
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF Pinellas :
BEFORE ME, the undersigned authority, personally appeared
iazAe cse4-14' , as I2gtx_k Avr.4=1.,( of G ',t,ta c A/ Ale -A-727 rn1 C
whom, being duly authorized does depose and say:
1. That Weingarten Nostat Inc is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended hereto
and by this reference made a part hereof
2. That said property is now in the possession of the record owner.
3. 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 that
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
4. That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except leasehold tenancies, 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
5. 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.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7 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 a gas utility easement to encumber the above-described property.
[A04-02064 /176103/1]
Signed, sealed and delivered
In the presence of:
WITNE signature
Print Witness Name
VVITNESS sign t(rT'e
ick Zick
Print Witness Name
WITNESS signature
Print Witness Name
Weingarten Nostat Inc.
2720 E Colonial Drive, Orlando FL 32803
Stephen F. Trommsdorff
Sr. Project Manager
Sworn to and subscribed to before me this IS 'day of Oe^rb. ,- , 2019.
Notary Public - State of Florida
gachea( M_ Wo-nrc"
Type/Print Name
[A04-02064 /176103/1]
My Commission Expires:.kA►y 31, 2023
Notary Public stay of Fonds
4 ' Rachsal M Warren
`.:y My Comm u on GG 336899
444,1nd�' Expires 07/31/2023
Sunset Point + US19 Shopping Center - Gas Easement
23894 & 23886 US Hwy 19 N - Parcel ID#: 06-29-16-00000-410-0200
Sunset Point Rd
1,2
Parcel ID#:
06-29-16-00000-410-0200
WEINGARTEN REALTY
May 28, 2019
To: County and City Building Departments: (including)
2600 Citadel Plaza Drive
Houston, Texas 77008
800-688-8865
713-866-6049 Fax
eingarten.cc m
Cities of: Boca Raton, Clearwater, Clermont, Cooper City, Deerfield Beach, Hollywood,
Jacksonville, Largo, Miami, Oakland Park, Orlando, Palm Coast, Palm Harbor, Pembroke Pines,
Plantation, Sea Ranch Lakes, Stuart, St. Augustine, Wellington; and
Counties of: Palm Beach, Pinellas, Lake, Broward, Duval, Miami -Dade, Orange, Seminole,
Flagler, Martin, St. Johns
RE: Approval from owner for signature acceptance
Dear City Official:
Please be advised that the following Weingarten personnel are authorized to sign the types of
documentation listed below on behalf of the owners listed on Page 2.
Weinearten Personnel:
Mark Schultz — Associate Director of Property Management
Chris Oftedal — Senior Regional Property Manager
Ryan Tufts — Regional Property Manager
John Haggerty — Regional Property Manager
Karl Brinkman — Area Vice President/Leasing
Alexander Evans — Area Vice President/Leasing
Stephen F. Trommsdorff — Senior Construction Manager
Martin Espejo — Construction Manager
Gina Hurst — Regional Property Manager
Documentation:
Permit Applications
Sign Approval Letters
Notice of Commencement
Documents required by City Department and Code Enforcement Department (violations)
Documents regarding utility and or refuse service
Waste Water Applications
Development Orders
Development Agreements
Page 2
Owners:
Weingarten Realty Investors
Weingarten Nostat Inc.
WRI JT Tamiami Trail, LP
WRI JT Pembroke Commons, LP
WRI JT Flamingo Pines LP
WRI-TC East Lake Woodland LLC
WRI-TC Marketplace at Dr. Phillips LLC
Weingarten I-4 Clermont Landing LLC
Weingarten 1-4 Clermont Landing TRS, LLC
WRI Shoppes of South Semoran LLC
Weingarten/Investments Inc.
Weingarten 1-4 St. Augustine EV LLC
WRI JT Northridge, LP
WRI JT Hollywood Hills I, LP
WRI JT Hollywood Hills II, LP
Pineapple Commons Retail LP
WS Atlantic West, LLC
WS Kernan Village, LLC
WRI Wellington Green, LLC
Sincerely,
Weingarten Realty Investors,
a Texas real estate investment trust
By:
Mark [!Stout
Senior Vice President/General Counsel
Page 3
STATE OF TEXAS
COUNTY OF HARRIS
The foregoing instrument was acknowledged before me this ZS day of
, 2019, by Mark D. Stout, Senior Vice President/General Counsel of Weingarten
Realty Investors, a Texas real estate investment trust, on behalf of the trust. He is personally known
to me.
L U.TNas�SWCRMISC�'OEPSBUH HIFGPL SIGNATURE APPROVAL URI it ASIS .yllrily Lem 101911Dep
BA=: R' M:
a .
t :• votary Public. State of Texa
'.�. Comm. Expires 05-45.2021
Notary ID 405968-3
un1�
NOTARY STAMP