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CARLOS SAENZ\ci CQe., FL 331T Return to: Clearwater Gas System 400 N. Myrtle Avenue Clearwater, FL 33755 Parcel I. D. No. 11-25-17-0000-00100-0015 INSTR# 2020099447 BK 10123PG 3319 06/23/2020 02:56pm Page 1 of 10 Rcpt: 2174564 Rec: 86.50 DS: 0.00 IT: 0.00 Nikki Alvarez-Soules, Esq. Pasco County Clerk & Comptroller GAS UTILITY EASEMENT 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, Carlos Saenz, a Florida whose principal address is 18865 SR 54, Suite 240, Lutz, FL 33558 ("Grantor") does hereby grant and convey to the CITY 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 Pasco, 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 WHER OF, the undersigned Grantor has caused these presents to be duly executed this ZSi day of S f , 2019. Signed, sealed and delivered in the presence of NESS sigelatu Ila 0s DW) Print Witness Name WITNESS sige s+fu er.L= Print Witness Name STATE OF FLORIDA : ss COUNTY OF PASCO : Carlos Saenz Bv: Carlos Saenz Before me, the undersigned authority, personally appeared Carlos Saenz a Florida person, whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the aforementioned date, and who acknowledged the a ution thereof to be free act and deed for the use and purposes herein set forth, and who [ ' personally known to me, or who [ ] did provide as identification. ()vete Notary Pub is - to of Florida Type/Print Name [A04-02064 /176103/1] My commission expires: skilt il&fir4 MOLLY LAIC WNPII EXPIRES January 06. 2020 Kevin Randolph E:W005.04 CLEARWATER GAS SYSTEMS1State RD 52111128 SR52.dwg — Plotted: 3/10/2020 9:28:51 AM Saved: 3/10/2020 9:28:24 AM LEGAL DESCRIPTION: 5' GAS LINE EASEMENT AN EASEMENT FOR GAS LINE BEING 2.5 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED IN SECTION 11, TOWNSHIP 25 SOUTH, RANGE 17 EAST, PASCO COUNTY, FLORIDA. COMMENCE AT A POINT ON THE NORTH LINE OF A PARCEL RECORDED IN ORIGINAL RECORDS BOOK 8177, PAGE 1529 RECORDS OF PASCO COUNTY; SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL NO. 1725110000001000015 OF RECORDS OF SAID COUNTY AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG WEST LINE OF SAID PARCEL AND SAID CURVE , HAVING A RADIUS 44.15 FEET, A CENTRAL ANGLE OF 33°44'01" FOR 25.99 FEET; THENCE N 06°49'48" W, 43.60 FEET; THENCE NORTHEASTERLY ALONG WEST LINE OF SAID PARCEL AND A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS 64.00 FEET, A CENTRAL ANGLE OF 29°20'14" FOR 32.77 FEET; THENCE N 22°30'35" E, 53.52 FEET; THENCE N 11°04'48" E, 6.05 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXTERIOR BOUNDARY OF SAID GAS LINE EASEMENT THE FOLLOWING COURSES AND DISTANCES: L1 5.32' N11°04'48"E L2 8.77' N81°10'03"E L3 16.14' N83°06'19"E L4 14.13' N79°42'49"E L5 23.06' N83°10'09"E L6 15.62' N86°43'06"E L7 24.03' N84°48'28"E L8 22.20' N81 °59'38"E L9 16.15' N83°14'54"E L10 7.06' N79°45'47"E L11 18.32' N82°51'14"E L12 22.73' N84°06'55"E L13 13.28' N84°51'15"E L14 10.35' N86°19'54"E L15 5.01' S6°26'37"E L16 10.53' S86°19'54"W L17 13.20' S84°51'15"W L18 22.63' S84°06'53"W L19 18.13' S82°51'14"W L20 7.07' S79°45'47"W L21 16.24' S83°14'54"W L22 22.27' S81 °59'38"W L23 24.24' S84°48'28"W L24 15.55' S86°43'06"W L25 22.76' S83° 10'09"W L26 14.13' S79°42'49"W L27 16.20' S83°06'19"W THENCE S81°10'03"E, 10.50 FEET TO THE END OF THE SAID EASEMENT AND THE POINT OF BEGINNING CONTAINING 0.25 ACRES MORE OR LESS PROJECT: MAIN ID#11128 GRID 08786 DATE: REVISION: BY: TASK: 5' GAS LINE EASEMENT PREPARED BY: 11' WGIa 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 11128_SR52.DWG DRAWN/DESIGNED KER CHECKED/QC DPC JOB NO. 4005.04 SR52 DATE 03/06/2020 SHEET: 1 OF 3 Kevin Randolph E:W005.04 CLEARWATER GAS SYSTEMS1State RD 52111128 SR52.dwg — Plotted: 3/10/2020 9:29:01 AM Saved: 3/10/2020 9:28:24 AM SKETCH AND DESCRIPTION FOR 5' GAS LINE EASEMENT PARCEL ID -1725110000001000014 EASEMENT LINE TABLE um # LEMON DIRECTION LI 5.32' NI /124'48T 1.2 8.77' N11110bPE L.3 16.14' N11.70017T L4 1413' N76.4249t LS 2306' NNT1o17QT L6 15.52' N66'43.06T L7 24.03' 1180.1117r La 22.20' 171l70J8'E L6 15.15' N&314'54! 1.10 7.06' N7174s'47T L11 18.32' ?5l'14'E 1.12 22.73' 118705WE L13 13.16' N6471'I5'E L14 10.36' N661934? 1.15 5.01' S626'37T L16 10.53' S81'193.w 1.17 13.20' 5.54"31 •?S W 1.18 2263' 564'06531V 1.19 15.13. S875/'1411' L20 7.07' S7P'4547w 121 16.24' Sart 47WW 122 22.27' 5.6/' 926 W 123 24.24' 564.4671617 124 15.55' 566450617 126 22.76' =SWUM 126 1613' S7142'401 1.27 16.20' 58.7106'19 W 146 10.50' SW1017317 RUM Sir moo 140 N8377'081" 201.02' N110448E 6.05' P.O. N.22:12'.35"E 5.152' 14671 STATE ROAD 52, HUDSON, FL 34669 64.00' n 29'20'14' L-32.77' 49"481V 43.60' PARCEL ID =1725110000001000015 15' A-3244'01 • L25.99' son 0040 52 Y _oc_wAY LINE tionigtROAD 52 LEGEND: OR = OFFICIAL RECORDS BK = BOOK PG = PAGE P.O.B. = POINT OF BEGINNING P.O.C. = PONT OF COMMENCEMENT O =FOUND 5/8" IRON ROD AND CAP LB# 4514 (UNLESS OTHERWISE NOTED) ❑ =FOUND 1/2" IRON ROD AND CAP LB# 7013 (UNLESS OTHERWISE NOTED) ALL OFFICIAL RECORDS SHOWN IN THIS SKETCH AND DESCRIPTION ARE DERIVED FROM THE OFFICIAL RECORDS OF PASCO COUNTY 0 PARM B 771P9 1530 OR NORTH 60 1 INCH = 60 FEET (INTENDED DISPLAY SCALE) 120 Feet PROJECT: MAIN ID# 11128 GRID 0878B DATE: REVISION: BY: TASK: 5 GAS LINE EASEMENT PREPARED BY: 11' WGIo 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 11128_SR52.DWG DRAWN/DESIGNED KER CHECKED/QC DPC JOB NO. 4005.04 SR52 DATE 03/06/2020 SHEET: 2 OF 3 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 AND REFERENCED TO THE NORTH AMERICAN DATUM 1983 (2011) ADJUSTMENT AND BASED ON THE NORTH LINE OF PARCEL ID =1725110000001000015 BEING NORTH 83°27'08" EAST. 3. THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. 4. 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. 5. 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: PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO.7128 PROJECT: MAIN ID# 11128 GRID 08788 DATE: REVISION: BY: TASK: 5' GAS LINE EASEMENT PREPARED BY: 11' WGI. 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 11128_SR52,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 PASCO: BEFORE ME, the undersigned authority, personally appeared CARLOS SAENZ whom, being duly authorized does depose and say: 1. That Carlos Saenz is the owner of legal and equitable title to the following described property in Pasco 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.) 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.) 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: NESS si9 nJre Carlos Saenz �✓coi&S k/Li kr Carlos Saenz Print Witness Name' Print Name/Title ITNESS sig ture Print Witness Name WITNESS signature Print Witness Name Sworn to and subscribed to before me this 2% day of tt ubt , 2019. Notary P tic tate of Florida cicv.,4 ,,au -pix( Type/Print Name [A04-02064 /176103/1] My Commission Expires: MOLLY LANE O N PMY mV comm16a,ON • mums? EXPIRES Mowry 06. 2020 • 3• 114113 nomiftlerAprais, / —awLaaaa•aaa ,. axASsaL_E a-•aaa IIP 4' j \/ 04' 4T.: )I 4'{ II I --4-- ve C 1 T T STOP -11 �� it 1 €` - 4 r Il (try+ i frJ!A • / VA 4 1 i• PR•P• ONUME ICN 0 allitij •D 0 0 ❑ 1 11 • e 1,TCP Of SLAB ASSPEO TO EV YEW, O o• lRFION SLAV snr /am DPW. HOT wMi® AS PART OF INS voruarr PAOK. BILONS 1 70", 721D 2"_ 2°":-.C'°' 0" ^ '0' 4 ---- 8 8----------- BENCHMARK 2 EEARE CUT IN 7Up OF CURB ION: 47•9t' (NAYpgg) cR-G-R TLC, I UR -ATI -SITE -FLAN >• >• s s>•t♦� 709 '1,9;16 1 -- 0 J 4/ 6 c, SITE FLAN 1,411ES a OF TO PROMS MOM.. REARMS TO STE ma. Isa•es muo ARE TO eE •Dcwo•••• INTO M e•.. SIZE OBCN PEW 10 CRAMPS EWAN°6111eCIVIL BMW NO LNOSCIFE OPASOPIVNI.. «r.,E r FOR 0 POT WO LOT 'DBMS e,WWI NRTECRYEETrrllaiNRvSTAu cmwNCOwAS PER WV Wet. WCvMMaAUA O .OM YE DK Pm DETAILS PAWNS seABESEE BBL 01•96 © Noe® 0LANDSCAMIE TOEVa PER LANIESIPE ARD.,ECn„AR BLS W. URN•16 1 TO MULL., OFDEPPOS. SEE 'RACISM rorsn TOeE�rmOR 611WINS, 6To•.OAa AIo ON SRE. 0IOT MEP OCONCRETE PATIO PATO 1W11 TO EV 11.44„ EA N QKAYTYEI� FI DR. NO HaK • A/COLORED CONSIVTE YEE M.T11.90 O �6�OD.DAL DOSS ,O,� 0 tor I® 0 W DETAIL RIAU NO ELECTRICAL CA e.R�WIARD•.S1th. rE11 FARM SPEWR SEE AIL • N DINS SEE SEE BALI LOOP WV. WWI SEE SINS OR VAIN [MOP, MYER BMW. a oerµ'r ,.0 I SIVET 0 0SEMPAL � SEE POLE NMAA aSOe Hw.x DEAR�fLAS FN. NO rsmr 0160.616L TO 'SMUT. 0 0 0 0 0 FLAN WE BST. ROWED wo Av.., BY 6C W 1131 NO BI PLR SW 0 [PIDP. P11.1.4%.YE WM_ �51611/. INET 5NCHU. ASS 4 Or S 83'29'52” W 241.23' Ii. �PO8 W JAMES E. WILKERSON A.I.A. 119E•k'1'Ykkh Delve GeanFse,ac29e05 •64-9704112 e44-2e053e5f FL REDS Po ARaOMOS JOB NO. 201501 AMERICAN DAIRY QUEEN MINNEAPOLIS, MN USA. •PWISIEREP W. PATENT OPP., AMERICAN DAIRY WENMA,r INVENTION ARE THE PROPERTY OP INC. SNAL.L NOT BE COMB, IN ANY MANHER NOR DIY-LOSED TO ANY OUTSIDE PARTY MTPOUT ADa CONSENT. EglILD1IL 4& E! Sli , DAIRY QUEEN GRILL 4 CHILL CORE 12M W/ SIDE CANOPY " APO .1 ., I APPRROTRUOBY 0101 CTON DEPARTMENT THIS IS RAN. NORTH POR ACT!, BJILDINS 'wpm., OR ENT NON REFBR. TO SITE PLA OT> mlalluw PATE.REVISION wane A WE POR GONS/NLCT. 0xM D rE.em ow/. ® PORuNSVMVI01N SITE PLAN & DETAILS A1.1 Dairy Queen - Gas Easement 14671 State Rd 52 Hudson, FL 34669 - Parcel ID#: 11-25-17-0000-00100-0015 Werne. Boyce Sett SOWS Slate Pal, WeIslone; 0,4.4,44 ft Otitsf amfa, Ronda Wafer Warne!' Boyce 555,00090 Stele Park ROI 1,5014, ® Bayonet Pant Jasmine Ellales ISa murne Dew Nidder Lake Prcaact Vbuor (helm= 1.1,11, qenntil O 914671 Stele Road 5:1 SR52 9 Con., Pfeser,•• Parcel ID#: 11-25-17-0000-00100-0015