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20-08RESOLUTION NO. 20-08 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 20-08 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of Approved as to form: -�oc '• Laura Mahony Assistant City Attorney June , 2020. r 9'1e/ Lrank Hibbard Mayor Attest: Rosemarie Call City Clerk Resolution No. 20-08 EXHIBIT A TO RESOLUTION 20-08 Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 UTILITY EASEMENT II FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the of which is hereby acknowledged, and the benefits to be derived therefrom, Florida Spine Properties, LLC,ta Florida Limited Liability Company, whose mailing address is 2250 Drew St. Clearwater, Florida 33765 ("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 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, rights granted herein shall bee successors and assigns. The mutual agreement of both parties, or by abandonment of the Easement Premises land, by the written WITNESSyHEREOF, the undersigned grantor has caused these presents to be duly executed this 1 day of r'U Q r L , 2020. Signed, sealed and delivered in the presence of: Mv� tness sign ure Ga51-rc1 Z1 t1CY Print witness name AlU Witness signature `) v'a Print w ess name Florida Spine Properties, LLC STATE OF FLORIDA COUNTY OF PINELLAS ss Before me, the undersigned authority, personally appeared &M j Ip q� et1 Florida Spine Properties, LLC who executed the foregoing Intrstrumen� kAnntjO d as acknowledged the execution thereof tg..be his/her free act and deedwh herein set forth, and who ✓ Personally, for the use and purposes [ J is personally known to me, or who [ ] didroduce as identification. p Notary Public - State Flonda `�oSC f�hngl�rL� Type/Prmt Name My commission expires: g/) 212% ROSE A BINGHAM Notary Public State of Florida Commission it GG 114114 My Comm. Expires Aug 11,1011 &sn&d through Nahon a Notary Mtn. STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss BEF REM thendersi undersigned authority, personally appeared (=lc, LIbrC D as (i a 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 fumished 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.) 3. That there are no hens 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 ente ) N O hr e 4. That no written notice has been received for any public hearing regarding assessments for improvements by any govemment, and there are no unpaid assessments against the above described property for improvements thereto by any govemment, whether or not said assessments appear of record. 5. That there are no outstanding sewer service charges or assessments payable to any govemment. 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 WITNESS WHEREOF the undersigned grantor has caused these presents to be duly executed thisday j=�4j of ��rC.f , 2020. Signed, sealed and delivered in th presence of: Florida Spine Properties, LLC 4-/ tness signa re Ca.hrie (.g(a4v Print witness name Witness signature ..r Print withess name STATE OF FLORIDA COUNTY OF PINELLAS : ss Before me, the undersigned authority, personally appeared % '� �` lda14ii ded Florida Spine Properties LLC who executed the foregoing instrument, and who ac knowle the execution thereof t his/her free act and deed personally, for the use andpurposes herein set forth, and who [ ce personally known to me, or who [ ] did produce as identification. 41-ipor. wpm) Notaryublp is _ State of Florida Type/Print Name My commission expires: 02/21 ::N ROSE A BINGHAM Notary public - State of Flaw - • •ri Commission i GG i 14124 Y.' My Comm. Expires Aug 12, 2021 .y.:.. ` handed through NahcoalWarr Asw artilP NV 1/L1_ OF IIIP Mr 16 ,tier CENTERLINE OF DREW STREET 1181P18815111 a5&eo'roiI it I ta LEGAL DESCRIPTION: BEING A PORTION OF 2251 DREW STREET, CLEARWATER, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW OF NW OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE RUNNING S89°22'51"E, ALONG THE CENTERLINE OF DREW STREET, 553.20 FEET; THENCE DEPARTING CENTERLINE AND RUNNING S00°18'05"W, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DREW STREET; THENCE RUNNING WITH SAID LINE S89°22'51"E, A DISTANCE OF 220.00 FEET; THENCE DEPARTING SAID LINE AND RUNNING S00°18'05"W, A 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 FEET; THENCE RUNNING N00°18'05"E, A DISTANCE OF 40.00 FEET; THENCE RUNNING S89°22'51"E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. "EXHIBIT A" LEGAL DESCRIPTION AND SKETCH OF UTILITY EASEMENT FOR SANITARY SEWER USE DREW STREET SOUTH RIGHT OF WAY LINE OF DREW STREET ._..._ - Sai'88'aj is Zia 00 80 l 0 10 20 40 SCALE: 1 "= 20' POINT OF THE BEGINNING S89°22'51"E 10.00' BEING A PORTION OF 2251 DREW STREET CLEARWATER, FLORIDA 18.29.16.00000.220.0300 1V89'2818181I ROO'(?) ADIACIINT PARCEL 18.8&11.000100.8810:06010 NOTA SURVEY w in CO 0 Co N89°2751"1N 10.00' I HEREBY CERTIFY THAT TH/S SKETCH IS TRUE AND CORRECT AND IS NOT VALID WITHOUT AN AUTHENTICATED ELECTRON/C SIGNATURE AND SEAL. ORA RAISED EMBOSSED SEAL AND SIGNATURE BILL HYATT (c) 2019 Know It Now, Inc. Fbmda Business Certificate Of LOCA710N - 2011 HEIDELBERG AVENUE, pUNEDIN. Ft. Authorization Number LB 8912 VOICE 727-415-8305 Surveyor & Mapper Number 4838 FLORIDASURVEYOR©AOLCOM