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20-43RESOLUTION NO. 20-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM FL -TARPON SQUARE-QRX, 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 FL -TARPON SQUARE- QRX, 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 20-43. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _3,vdC day of �-p-/ r-- , 2020. Approvgd as to form: Laura Mahony Assistant City Attorney Mayor inah Rosemarie Call City Clerk Resolution No. 20-43 Return to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 12-27-15-89982-023-0100 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, FL -TARPON SQUARE-QRX, LLC, a Delaware limited liability company whose principal address is 8816 Six Forks Road, Suite 201, Raleigh, NC 27615 ("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 Pinellas, State of Florida, to wit: 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. See legal description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. This easement will be replaced with a Descriptive Easement, 2.50 feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTEE within sixty (60) days after the installation of facilities by GRANTEE. 3. 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. 4. 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. GM 15-2064-066/257077/1 5. 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. 6. 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. 7. 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. 8. 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. 9. Grantee, to the extent permitted by section 768.28, Florida Statutes (2019) agrees to defend, protect, indemnify and hold harmless Grantor from and against all losses, costs, expenses, claims, demands and liabilities of any kind relating thereto, including reasonable attorneys' fees and costs of suit, arising out of or resulting from Grantee's negligence in the exercise by Grantee of its rights pursuant to this Easement; unless due to the gross negligence or willful misconduct of Grantor or its officers, agents, employees, contractors. However, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. The Remainder of this Page Intentionally Left Blank OMI5-2064-066/257 077/ 1 IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this day of , 2020. Signed, sealed and delivered FL -TARPON SQUARE-QRX, LLC In the presence of: C.,portutii 9,64A - WITNESS signature tA-nit- A. S- msec By: �-- Jonathan Gaines, Manager Print Witness Name Print Name/Title ITNESS signatur)6J-G2 e Yo it; mkt Santi.ias. Print Witness Name Countersigned: FLORIDA z CITY OF CLEARWATER, By: Frank V. Hibbard William B. Horne II Mayor Approved as to form: Attest: Laura Mahony Senior Assistant City Attorney GM 15-2064-066/257077/1 City Manager Rosemarie Call City Clerk STATE OF NORTH CAROLINA : ss COUNTY OF Wake Before me, the undersigned authority, personally appeared Jonathan Gaines, as Manager of FL - TARPON SQUARE-QRX, LLC, a Delaware limited liability company, whom, being duly authorized, personally executed the foregoing instrument on 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 ipersonally known to me. Yr) Public - State o North ': rolina ince. 111. dm IN Type/Print Name GM 15-2064-066/257077/1 ,`P NIS\Uuq.,,,,,,,#4, ••' ��T ARj ��-' if Comm. Exp. 3-21-2021. J %71:::: CO �, UN " My commission expires: 34i-909/ Exhibit "A" Sketch of Description Parcel Tying North of E Tarpon Ave, East of N Huey Ave, South of Cypress St and West of US Highway 19 North whose ID is 12-27-15-89982-023-0100. GM1 5-2064-066/257077/1 AFFIDAVIT OF NO LIENS STATE OF NORTH CAROLINA : : ss COUNTY OF WAKE : BEFORE ME, the undersigned authority, personally appeared Jonathan Gaines, as Manager of FL -TARPON SQUARE-QRX, LLC, whom, being duly authorized does depose and say, to the best of the undersigned's knowledge: 1. That FL -TARPON SQUARE-QRX, LLC, 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.) 06/28/2018 MORTGAGE/PROMISSORY NOTE - ARGENTIC REAL ESTATE FINANCE, LLC 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. GM15-2064-066/257077/1 Signed, sealed and delivered FL -TARPON SQUARE-QRX, LLC In the presence of: WITNESS signature ,tn ,0 A, sii i) By: Jonathan Gaines. Manager Print Witness Name Print Name/Title $flC Lw S signature lama Scums Print Witness Name Sworn to and subscribed to before me this II day of R L15 USt , 2020. •� ary Public - State of Nortl(JCarolina Ina M. gom Type/Print Name GM 15-2064-066/257077/1 My Commission Expires: 3 -491' a0o'1 l EXHIBIT A LEGAL DESCRIPTION PARCEL I: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LAND OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 582) IN SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; RUN SOUTH 89°5713" WEST, ALONG THE CENTER LINE OF TARPON AVENUE 251.10 FEET; THENCE NORTH 0093'47" WEST, 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF TARPON AVENUE AND THE POINT OF BEGINNING OF HEREIN DESCRIBED PROPERTY; RUN THENCE SOUTH 89°5713" WEST, ALONG SAID RIGHT-OF-WAY LINE 936.27 FEET; THENCE NORTH 00°01'07" WEST. 330.00 FEET; THENCE SOUTH 89°5713' WEST, 100.00 FEET; THENCE NORTH 00°01'07" WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE, 640.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CYPRESS STREET; TIIENCE NORTH 89°5713" EAST, ALONG SAID RIGHT-OF-WAY LINE 1155.09 FEET TO THE WESTERLY RIGHT- OF-WAY UNE OF U.S. 19; THENCE SOUTH 02°28'47" EAST, ALONG SAID RIGHT-OF- WAY LINE 365.27 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 5661.58 FEET, A CENTRAL ANGLE OF 02° 15'00", A CHORD DISTANCE OF 222.32 FEET, AND A CHORD BEARING OF SOUTH 01°02'17" EAST; THENCE SOUTHERLY ALONG ARC OF SAID CURVE 222.33 FEET TO THE END OF SAID CURVE; THENCE SOUTH 00°13'47' EAST, 175.20 FEET; THENCE NORTH 89°57'13" EAST 35.00 FEET; THENCE SOUTH 00°13'47" EAST, 37.60 FEET; THENCE SOUTH 89°5713" WEST, 150.00 FEET; THENCE SOUTH 00°13'47' EAST. 150.00 FEET; THENCE SOUTH 89°S713" WEST, 26.10 FEET; THENCE SOUTH 00°13'47" WEST, 20.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: THAT PART OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 FAST, PINFL.1.AS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 582), RUN SOUTH 89°5T13" WEST, 251,10 FEET ALONG SAID CENTER LINE OF TARPON AVENUE; THENCE NORTH 00°13'47" WEST, 30.00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF TARPON AVENUE (A 60 FOOT RIGHT-OF-WAY); THENCE SOUTH 89°5T13' WEST 936.27 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE NORTH 00°01'07' WEST, 330.00 FEET; THENCE SOUTH 89°5713" WEST 100.00 Hix! TO THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE (A 40 FOOT RIGHT-OF-WAY); THENCE NORTH 00°01'07" WEST, 307.77 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°01'07" WEST, 85.20 FFE l; THENCE NORTH 27°58'53" EAST, 157.66 FEET; THENCE 152.48 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 270.00 FEET. CHORD NORTH 44°09'36" EAST. 190.46 FEET; G M 15-2064-066/257077/ 1 THENCE NORTH 89°3713" EAST, 133.43 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF CYPRESS STREET (A 40 FOOT RIGHT -0F -WAY); THENCE SOUTH 00°02'47" EAST, 4.73 FEET; THENCE 248.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST RADIUS 230.00 F±1, CHORD SOUTH 58°58'03" WEST, 236.82 FEET; THENCE SOUTH 27'58'53" WEST, 232.89 FEET TO THE POINT OF BEGINNING. AND LESS: THAT PART OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19 (SR 582), RUN SOUTH 89°5713' WEST, 251.10 FEET ALONG SAID CENTER LINE OF TARPON AVENUE; THENCE NORTH 00°13'47" WEST, 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF TARPON AVENUE (A 60 FOOT RIGHT-OF- WAY); THENCE CONTINUE NORTH 00°1317" WEST, 20.00 FEET; THENCE NORTH 89°5713" EAST, 26.10 FEET; THENCE NORTH 00°13'47" WEST, 150.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°02'47° WEST, 23.00 FEET; THENCE SOUTH 89°5713" WEST, 92.69 FEET; THENCE NORTH 00°02'47" WEST, 56.00 FEET; THENCE SOUTH 89°57'13' WEST, 113.00 FEET; THENCE NORTH 00°02'47" WEST, 80.00 FEET; THENCE NORTH 89'5713" EAST, 320.17 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19; THENCE ALONG SAID RIGHT-OF-WAY BY THE FOLLOWING THREE COURSES: (1) SOUTH 00013147° EAST, 121.40 FEET; (2) NORTH *9°57'13" EAST, 35.00 FEET; (3) SOUTH 00°13'47' EAST, 37.60 FEET; THENCE SOUTH 89°5713" WEST. 150.00 FEET TO THE POINT OF BEGINNING. AND LESS: THAT PART OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM 111E INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 5*2); RUN SOUTH 89°57'13" WEST, 25110 FEET ALONG SAID CENTER LINE OF TARPON AVENUE; THENCE NORTH 00°13'47" WEST 30.00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF TARPON AVENUE (A 60 FOOT RIGHT-OF-WAY) TO THE POINT OF BEOINNING; THENCE SOUTH 89°5713" WEST. 253.13 FEET ALONG SAID RIGHT-OF- WAY LINE; THENCE NORTH 00°02'47" WEST, 249.00 FEET; THENCE NORTH 89°57'13" EAST, 73.00 FEET; THENCE SOUTH 00°02'47" EAST, 56.00 FEET; THENCE NORTH 89°5713' EAST, 205.69 FEET; THENCE SOUTH 00°02'47" EAST, 23.00 FEET; THENCE SOUTH 00°13'47" EAST, 150.00 FEET; THENCE SOUTH 89°5713" WEST, 26.10 FEET; THENCE SOUTH 00°13'47 EAST, 20.00 FEET TO THE POINT OF BEGINNING. AND LESS: THAT PART OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: GM 15-2064-066/257077/1 FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 582); RUN SOUTH 89°5713" WEST, 251.10 FEET ALONG SAID CENTER LINE OF TARPON AVENUE; THENCE NORTH 009317" WEST, 30.00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF TARPON AVENUE (A 60 FOOT RIGHT-OF-WAY); THENCE SOUTH 89°5T13" WEST, 936.27 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE NORTH 00°01'07' WEST, 330.00 FEET; THENCE SOUTH 89°57'13" WEST, 100.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE (A 40 FOOT RIGHT-OF-WAY); THENCE NORTH 00°01'07" WEST 640.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CYPRESS STREET; THENCE NORTH 89°5713" EAST, 991.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'13" EAST, 163.22 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. 19; THENCE SOUTH 02°28'47' EAST, 280.25 I f ALONG SAID RIGHT- OF -WAY LINE; THENCE SOUTH 89°57'13" WEST, 175.12 FEET; THENCE NORTH 00°02'47" WEST, 280.00 FEET TO THE POINT OF BEGINNING. AND LESS: THAT PART OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 582) IN SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, RUN SOUTH 89'57'13" WEST, ALONG THE CENTER LINE OF TARPON AVENUE 251.10 FEET; THENCE NORTH 00°13'47" WEST, 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF TARPON AVENUE; THENCE SOUTH 89'5713" WEST, ALONG SAID RIGHT-OF-WAY LINE 936.27 FEET; THENCE NORTH 00°0I'07" WEST, 330.00 FEET; THENCE SOUTH 89°57'13" WEST, 100.001 1; THENCE NORTH 00°01'07' WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE 640.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CYPRESS STREET; THENCE NORTH 89°57'13" EAST, ALONG SAID RIGHT-OF-WAY LINE 815.52 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'13' EAST, ALONG SAID RIGHT-OF-WAY LINE 176.35 FEET; THENCE SOUTH 00^02'47" EAST, 325.00 FEET; THENCE SOUTH 89°5713" WEST, 176.35 FEET; THENCE NORTH 00°02'47" WEST, 325.00 FEET TO THE POINT OF BEGINNING. AND ALSO LESS THAT PORTION TAKEN FOR STATE ROAD RIGHT-OF-WAY BY ORDER OF TAKING RECORDED IN O.R. BOOK 6222, PAGE 2147. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. AND LESS A PORTION OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY; FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 10, BLOCK 9, RIVO ALTO, AS RECORDED IN PLAT BOOK 17, PAGES 2 AND 3 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89°52'45"E., 603.93 FEET TO THE SURVEY LINE OF STATE ROAD 55 (U.S. 111); THENCE S 00°11'00"E.. 2818.54 FEET ALONG GM 15-2064-066/257077/1 SAID SURVEY LINE; THENCE N. 89°59'00"W., 250.93 FEET TO A POINT ON THE OLD NORTH RIGHT-OF-WAY LINE OF TARPON AVENUE; THENCE ALONG SAID OLD NORTH RIGHT -OF- WAY LINE THE FOLLOWING TWO COURSES: 1) S 00°011'00"W, 20.00 FEET, 2) N 89°59'00"W., 253.13 FEET; THENCE N 00"01'00"E., 249.00 FEET; THENCE S 89°59'00" E., 73.00 FEET TO THE POINT OF BEGINNING; THENCE S 89°59'00" E, 113.001& I ; THENCE S 00°01'00" W, 56.00 FEET; THENCE N 89°59'00"W., 113.00 FEET; THENCE N 00°01'00"E., 56.00 FEET TO THF. POINT OF BEGINNING. AND LESS A PORTION OF BLOCK 23 AND 34, OFFICIAL MAP OF THE TOWN OF TARPON SPRINGS, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 79 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 7; THENCE ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 7, N 03°15142"W., 441.54 FEET TO THE CENTERLINE OF SURVEY FOR TARPON AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 15150-2548; THENCE ALONG SAID CENTERLINE OF SURVEY. N.89°42'12"W., 628.76 FEET; THENCE LEAVING SAID CENTERLINE OF SURVEY, N.00°1 T48"E., 76.19 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 12,873.66 FEET; THENCE ALONG THE NORTH RIGHT-OF- WAY LINE OF TARPON AVENUE, AS SHOWN ON THE FLORIDA DEPARTMENT' OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 15150-2548, WESTERLY 16.48 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°0472" (CHORD BEARING N.89°09'30"W., 16.48 FEET); THENCE S.74°05'0"W., 41.94 FEET TO A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 12,861.66 FEET; THENCE WESTERLY ALONG SAID CURVE 73.95 FEET THROUGH A CENTRAL ANGLE OF 004946" (CHORD BEARING N.89'32'19"W. 73.95 FEET); THENCE N.89°42'12"W.. 402.44 FEET; THENCE LEAVING SAID NORTH RIGHT-OF- WAY LINE, N.0094'45"E., 295.47 FEET; THENCE N.89•42'37"W., 100.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE; THENCE ALONG SAID EAST RIGHT- OF-WAY IGHTOF-WAY LINE, N.0091'49"E., 201.62 FEET; THENCE S.8942414"E., 390.03 FEET; THENCE S.00°17'46"W., 1038 FEET; THENCE S.89°42'14"E., 213.03 FEET; THENCE S.0G°1746"W., 73.44 FEET; THENCE S.89°42'14"E., 451.76 FEET TO THE WEST RIGHT- OF-WAY IGHTOF-WAY LINE OF U.S. HIGHWAY 19 (Sit. No. 55) AS PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 15150-2548; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S.00°04'46"W., 117.08 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE. N.89°49'57"W., 198.99 FEET; THENCE S.00°10'03"W., 80.00 FEET; THENCE N.89°49'57"W., 223.16 FEET; THENCE S.00°10'03"W., 203.70 FEET TO THE POINT OF BEGINNING. GM 15-2064066/257077/1 PARCEL H: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19, WITH THE CENTER LINE OF TARPON AVENUE, RUN SOUTH 89°57'13" WEST, 251.10 FEET ALONG SAID CENTER LINE OF TARPON AVENUE; THENCE NORTH 00°1347" WEST, 30.0 FEET TO THE NORTH RIGHT-OF-WAY LINE OF TARPON AVENUE; THENCE SOUTH 89°57'13" WEST, 253.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°57'13" WEST, 150.00 FEET; THENCE NORTH 0°02'47" WEST, 249.0 FEET; THENCE NORTH 89°57'13" EAST 150.0 FEET; THENCE SOUTH 0°02'47 EAST, 249.0 FEET TO THE POINT OF BEGINNING. LESS RIGHT-OF-WAY AS RECORDED IN ORDER OF TAKING BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CASE NUMBER 86-2664-14, PROJECT NUMBER 15150-2548, RECORDED 5/7/86 IN O.R. 1300K 6222, PAGE 2147, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL III: (KNOWN AS PARCEL "C") THAT PART OF SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LANE OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 582), RUN SOUTH 89°57'13' WEST, 251.10 FEET ALONG SAID CENTER LINE OF TARPON AVENUE; THENCE NORTH 00°13'47" WEST. 30.00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF TARPON AVENUE (A 60 FOOT RIGHT-OF-WAY); THENCE SOUTH 89°5713' WEST, 93627 FEET ALONG SA03 RIGHT-OF-WAY LINE; THENCE NORTH 00°01'07" WEST, 330.00 FEET; THENCE SOUTH 89°57'13" WEST, 100.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE (A 40 FOOT RIGHT-OF-WAY); THENCE NORTH 00°0I'07" WEST, 640.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CYPRESS STREET; THENCE NORTH 89°57'13' EAST, 991.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°5713" EAST, 163.22 FEET TO THE WEST RIGHT-OF-WAY LINE OF US. 19; THENCE SOUTH 02`28'47" EAST, 280.25 FEET ALONG SAID RIGHT- OF -WAY LINE; THENCE SOUTH 89°57'13' WEST, 175.12 FEET; THENCE NORTH 00°02'47" WEST, 280.00 FEET TO THE POINT OF BEGINNING. LESS THOSE LANDS TAKEN FOR RIGHT-OF-WAY PURPOSES BY THAT INSTRUMENT RECORDED IN O.R. BOOK 6222, PAGE 2147, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL IV: (KNOWN AS PARCEL H REVISED) THAT PART OF SECTION 7, TOWNSHIP 27 SOUTIL RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE CENTER LINE OF THE NORTH BOUND LAND OF U.S. HIGHWAY 19 (S.R. 55) WITH THE CENTER LINE OF TARPON AVENUE (S.R. 582) G M 15-2064066/25 7077/ 1 IN SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; RUN SOUTH 89°57'13" WEST, ALONG THE CENTER LINE OF TARPON AVENUE 251.10 FEET; THENCE NORTH 00°13'47" WEST, 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF TARPON AVENUE; THENCE SOUTH 89°57'13" WEST, ALONG SAID RIGHT-OF-WAY LINE 936.27 FEET; THENCE NORTH 00°01'07' WEST, 330.00 FEET; THENCE SOUTH 89°5713" WEST, 100.00 FEET; THENCE NORTH 00°01107" WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF HUEY AVENUE, 640.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CYPRESS STREET; THENCE NORTH 89°5713" EAST, ALONG SAID RIGHT-OF-WAY LINE 815.52 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'13" EAST, ALONG SAID RIGHT-OF-WAY LINE 176.35 FEET; THENCE SOUTH 00°0747" EAST, 325.00 FEET; THENCE SOUTH 89°5713" WEST, 176.35 FEET; THENCE NORTH 00°02'47" WEST, 325.00 FEET TO THE POINT OF BEGINNING. GM15-2064-0661257077/1 41260 US HWY. 19 N. — Gas Easement 41260 US HWY. 19 N. Tarpon Springs, FL 31689— Parcel ID#: 12-27-15-89982-023-0100 ,n,,,,. . z 40 NORTHLAKE OF TARPON SPRINGS 1041260 US Zghway 19 North Elan " E Tarpon Ave iyPan Ave 2 H wnxtode Rd Parcel ID#: 12-27-15-89982-023-0100 Gas Easement granted to CGS