20-48RESOLUTION NO. 20-48
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM JONES
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 JONES 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 20-48.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 day of 61C'2r1-0 , 2020.
Approve yi as to form:
Laura Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Q > t i 92(
Rosemarie Call
City Clerk
Resolution No. 20-48
Return to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel I. D. No. 07-30-15-00000-430-1000
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, _Jones Properties LLC a Florida
Resid tlCompany/Associatio`rt whose principal address is _301 W Platt' St #393, Tampa
FL -.335064-1.. , .3; , >' ("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:
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 govemmental
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.
[A04-02064 /176103/1]
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.
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
�{ th day of ItA41 , 2020.
Signed, sealed and delivered
In the presence of:
WITNESS signature
f
C a\\�ear� ones
Print Witness Name
WITNESS sigh ure
Jok-hrJ ms
Print Witness Name
STATE OF FLORIDA
: ss
<Jones Properties LLC>
Ovr15 Sones
Print Name/Title
nuavlizikr
COUNTY OF Hillsborough
Before me, the undersigned authority, personally appeared CAN 1-‘3 OY1Q3
as of Jones Properties LLC, a Florida Company, whom,
being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the
aforementioned date, and who acknowledged t execution thereof to be free act and deed for the use
and purposes herein set forth, and who [ t4 is personally known to me, or who [ ] did provide
as identification.
uvkejLe
No ry Public - State of Florida
Da-rl est, 1Na.i k-&,/
Type/Print Name
[A04-02064 /176103/1]
My commission expires:
<►2`Y°''DARLENE WALKER
. ,yca : Notary Public - State of Florida
Commission it GG 353441
or n: My Comm. Expires Oct 9, 2023
Bonded through National Notary Assr..
EXHIBIT "A"
SURVEYOR'S 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 REFERENCED TO THE NORTH AMERICAN DATUM 1983 (2011)
ADJUSTMENT AND BASED ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 30
SOUTH, RANGE 15 EAST, BEING S89°14'25"E.
3. THIS IS NOT A 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 THAT 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. ALL SECTIONAL TIES AND COORDINATES SHOWN ARE GRID.
DATUM = NAD 83, 2011 ADJUSTMENT
ZONE = FLORIDA WEST
LINEAR UNITS = U.S. SURVEY FOOT
COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE
MERCATOR PROJECTION.
(NOT A SURVEY -DESCRIPTION AND SKETCH ONLY)
FOR THE FIRM
WGI, INC.
BY: c
ERIC M. ORNDORFF
PROFESSIONAL SURVE4R AND MAPPER
FLORIDA LICENSE NO. 7 48
DATE: 9/04/2020
PROJECT:
14219 WALSINGHAM ROAD
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
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 400504-SV-LEGAL.DWG
DRAWN/DESIGNED MAS
CHECKED/QC
ERM
JOB NO. 4005.04
DATE 9/4/2020
SHEET:
LEGAL DESCRIPTION:
A STRIP OF LAND LYING WITHIN A PORTION OF SECTION 7, TOWNSHIP 30 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF
SECTION 7, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY FOR STATE ROAD 688, SECTION 15120-2526; THENCE SOUTH 89°14'25" EAST
ALONG SAID SOUTH LINE OF SECTION 7, A DISTANCE OF 492.88 FEET; THENCE NORTH
00°45'35" EAST, A DISTANCE OF 44.48 FEET TO A POINT ON THE NORTH RIGHT OF WAY
LINE OF STATE ROAD 688, AND THE POINT OF BEGINNING OF THE CENTERLINE OF A 5
FOOT WIDE EASEMENT LYING 2.5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE; THENCE NORTH 00°05'43" WEST, A DISTANCE OF 206.45 FEET; THENCE
NORTH 05°25'14" EAST, A DISTANCE OF 49.12 FEET; THENCE NORTH 90°00'00" WEST, A
DISTANCE OF 185.55 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 17.79 FEET
TO THE POINT OF TERMINUS.
SAID LANDS CONTAIN 2294.54 SQUARE FEET OR 0.053 ACRES, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, COVENANTS, RESERVATIONS
AND RESTRICTIONS OF RECORD, IF ANY.
LEGEND:
ORB = Officio/ Records Book
PBCR = Pinellas County Records
PG. = Page
R/W = Right—of—Way
(NOT A SURVEY—DESCRIPTION AND SKETCH ONLY)
PROJECT:
14219 WALSINGHAM ROAD
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
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 400504-SV-LEGAL.DWG
DRAWN/DESIGNED MAS
CHECKED/QC
ERM
JOB NO. 4005.04
DATE 9/4/2020
SHEET:
2
N
S00'00'00"E
17.79'
PO/NT OF
TERMINUS
N
N90'00'00"W 185.55'
0 25 50 100
SCALE: 1" = 50'
N05'25' 14"E
49.12'
Centerline
5' Easement
PARCEL ID
07-30-15-00000-430-1000
(ORB 16113, PG. 1572, PCR)
North R/W Line SR 688
7
18
N=
E=
1290158.221'
385929.010'
STATE ROAD 688
S89°14 '25''E 492.88'
BASIS OF BEARING
S00°45'35"W
PO/NT OF COMMENCEMENT
Southwest Corner of the
Southeast 1/4 Section 7,
Township 30 South,
Range 15 East
(NOT A SURVEY -DESCRIPTION AND SKETCH ONLY)
5.00'
2.50'
44. 48
2.50'
PO/NT OF BEGINNING
N = 1290195.858'
E = 38F423.636'
Southeast Corner
Section 7,
Township 30 South,
Range 15 East
1329.19'
South line of the
Southeast 1/4 Section 7
8
17
PROJECT:
14219 WALSINGHAM ROAD
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
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 400504-SV-LEGAL.DWG
DRAWN/DESIGNED MAS
CHECKED/QC ERM
JOB NO.
4005.04
DATE
9/4/2020
SHEET:
3
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Gas Easement
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STATE OF FLORIDA
: ss
COUNTY OF Pinellas:
AFFIDAVIT OF NO LIENS
BEFORE ME, the undersigned authority, personally appeared Chris Jones, as member
of Jones Properties LLC, whom, being duly authorized does depose and say:
1. That Jones Properties 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.)
NOWE
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:
WI ESS signature
CO‘Neer1 3 -One -C a 05 U-dirh e5
Print Name/Title
Jones Properties LLC
By: C
kte)--
Print Witness Name
WI ESS sign re
Kche (MCLC
Print Witness Name
1
Sworn to and subscribed to before me this - day of JU , 2020.
Notary Public - State of Florida
V Jo j �K
Type/Print Name
[A04-02064 /176103/1]
My Commission Expires:
DARLENE WALKER
Notary Public • State of Florida
Commission # GG 353441
ti.. My Comm. Expires Oct 9, 2023
Bonded through National Notary Assn.