20-49RESOLUTION NO. 20-49
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM SPILEO
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 SPILEO 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 20-49.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this -544\ day of 77 OLS -U , 2020.
1.4 proved s to form:
Laura Mahony
Assistant City Attorney
Q v1 9 W t°t/r
rank V. Hibbard
Mayor
Attest:
j4;44_,KVLO-1/4-J
Rosemarie Call
City Clerk
Resolution No. 20-49
Exhibit "A" to
Resolution 20-49
Retum to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel L D. No. 01-28-15-88560-136-0800
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, Spileo Properties LLC, a Florida Limited Liability
Company whose principal address is 5420 Monte Verde Ct, Palm Harbor, FL 34685 ("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 Tying 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 shat/ 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 /176103/11
I WITNESS WH REOF, the undersigned Grantor has caused these presents to be duly executed this
3 day of 5$ �P g, 2020.
Signed, sealed and delivered Spileo Properties LLC
In the presence of:
V1TNESS signat
4, 41it sZ
Print Witness Name
S (_
Print Witness Nan
STATE OF FLORIDA
COUNTY OF PINELLAS
•
•
•
•
Louie Spvridakos / Managing Member
Print Name/Title
The foregoing instrument was ack owledged before me by means of 1 physical
presence or 0 online notarization, this 1 01 20 0 (date) by Louie Spyridakos, Managing
Member, of Spileo Properties LLC, a Flori a li ited liability company, on behalf of the company,
who is personally known to me or has produced 1)r,skjr (o ,rte. as identification.
Thomas William Stafford
ov Notary Public
* State of Florida
%op"My Commission Expires 10/20/2023
Commission No. GG 924020
[A04-02064 /17610311]
Signature of person .=ring acknowledgment
,27t"L.a !t/k- a.7^
Name typed, printed or stamped
66 7 2 'a -z.-9
Title or rank
Serial number, if any
EXHIBIT "A"
CLEARWATER GAS SYSTEMS
620 ALT HWY 19
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 ONE-QUARTER (SE 1/4) OF SECTION
2, TOWNSHIP 28 SOUTH, RANGE 15 EAST, BEING N89°39'42"W.
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:
(..
STATE OF
FLORIDA
ERIC M. ORNDORFF
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 7248
DATE: 10/15/2020
PROJECT:
620 ALT HWY 19 (PALM HARBOR)
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 MRG
CHECKED/QC
EMO
JOB NO. 4005.04
DATE
10/15/2020
SHEET:
EXHIBIT "A"
CLEARWATER GAS SYSTEMS
620 ALT HWY 19
LEGAL DESCRIPTION:
A STRIP OF LAND LYING WITHIN A PORTION OF THE LANDS RECORDED IN OFFICIAL RECORD BOOK
18582, AT PAGE 1018, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID LANDS LYING
AND SITUATE IN THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 2, TOWNSHIP 28 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 2;
THENCE NORTH 89°39'42" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4)
OF SECTION 2, FOR 1,222.57 FEET TO A POINT ON THE ALIGNMENT FOR ALTERNATE HIGHWAY 19 PER
RIGHT OF WAY CONTROL SURVEY 15020-xxxx-4037251, DATED 2010, THENCE THE FOLLOWING THREE
(3) COURSES BEING ALONG SAID ALIGNMENT; 1) NORTH 20°48'58" EAST, FOR 197.38 FEET TO A
POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST, 2) SAID CURVE HAVING A RADIUS OF
1,432.40 FEET AND A CENTRAL ANGLE OF 21"04'02"; THENCE NORTHERLY ALONG SAID CURVE FOR
526.68 FEET; 3) NORTH 00°15'04" WEST, FOR 2.75 FEET; THENCE DEPARTING SAID ALIGNMENT OF
ALTERNATE HIGHWAY 19 NORTH 89°44'56" EAST, FOR 30.00 FEET TO A POINT AT THE INTERSECTION
OF THE EAST RIGHT-OF-WAY LINE OF ALTERNATE HIGHWAY 19 AND THE NORTH RIGHT-OF-WAY LINE
OF OHIO AVENUE; THENCE NORTH 89°45'17" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF OHIO
AVENUE, FOR 145.85 FEET TO THE POINT OF BEGINNING OF A 5.00 FOOT WIDE STRIP OF LAND LYING
2.50 FEET EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE
NORTH 02°30'54" WEST, FOR 146.36 FEET TO THE POINT OF TERMINUS.
SAID LANDS CONTAIN 732 SQUARE FEET, MORE OR LESS.
SUBJECT TO EXISTING
OF RECORD, IF ANY.
EASEMENT LINES ARE
EASEMENT.
LEGEND:
ORB = Official Records
PBCR = Pinellas County
PG. = Page
R/W = Right—of—Way
EASEMENTS, RIGHTS-OF-WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS
LENGTHENED OR SHORTENED TO PROVIDE A 5.00 FOOT WIDE CONTIGUOUS
Book
Records
(NOT A SURVEY -DESCRIPTION AND SKETCH ONLY)
PROJECT:
620 ALT HWY 19 (PALM HARBOR)
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
WGL
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 MRG
CHECKED/QC
EMO
JOB NO. 4005.04
DATE 10/15/2020
SHEET:
2
EXHIBIT "A"
CLEARWATER GAS SYSTEMS
620 ALT HWY 19
For Continuation See Sheet 4
South Line of Southeast 1/4 Section 2
(Basis of Bearings)
N89'39'42" W 1222.57'
PROJECT:
N
0 25 50
SCALE: 1" = 50'
100
Point of
Commencement
Southeast Corner
Section 2,
Township 28 South,
Range 15 East
N 1359545.00
E 409823.98
(NOT A SURVEY -DESCRIPTION AND SKETCH ONLY)
620 ALT HWY 19 (PALM HARBOR)
1
11 12
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
WGL
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 MRG
CHECKED/QC
EMO
JOB NO. 4005.04
DATE 10/15/2020
SHEET:
3
EXHIBIT "A"
CLEARWATER GAS SYSTEMS
620 ALT HWY 19
N. 73¢36,,
F S9> 06. 0 /
�st066;6�2
7S>
For Continuation See Sheet 5
N
0 25 50 100
SCALE: 1" = 50'
South Line of Southeast 1/4 Section 2
(Basis of Bearings)
N89'39'42"W 1222.57'
(NOT A SURVEY—DESCRIPTION AND SKETCH ONLY)
For Continuation See Sheet 3
PROJECT:
620 ALT HWY 19 (PALM HARBOR)
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
WGL
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 MRG
CHECKED/QC
EMO
JOB NO. 4005.04
DATE 10/15/2020
SHEET:
4
I
0
<1-
PT:: 441+32.6
N: 1360252.03
E: 408765.06
1
EXHIBIT "A"
CLEARWATER GAS SYSTEMS
620 ALT HWY 19
PO/NT OF
TERMINUS
PARCEL ID
01-28-15-88560-136-0800
W I(ORB 18582, PG. 1018, PCR)
co .
h p I Centerline
O,' 5' Easement
rnN
2
PO/NT OF BEGINNING
N = 1360255.531'
E = 408940.897'
N89'45�E
145.85'
N
0 25 50 100
SCALE: 1" = 50'
5.00'
2.50'
0
0
2.50'
Szt in North R/W Line Ohio Ave
tr) IN
2
For Continuation See Sheet 4
(NOT A SURVEY -DESCRIPTION AND SKETCH ONLY)
PROJECT:
620 ALT HWY 19 (PALM HARBOR)
TASK:
CLEARWATER GAS SYSTEMS
PREPARED BY:
WGIT.
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 MRG
CHECKED/QC
EMO
JOB NO. 4005.04
DATE 10/15/2020
SHEET:
5
AFFIDAVIT OF NO LIENS
Louie Spyridakos, Managing Member, of Spileo Properties LLC, whom, being duly
authorized does depose and say:
1. That Spileo 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.)
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 Spileo Properties LLC
In the presence of:
TNESS signatur l //
Print Witness Name
Print Witne Nam
STATE OF FLORIDA
t --
Louie-
Louie Spvridakos / Managing Member
Print Name/Title
COUNTY OF PINELLAS
The foregoing instrument was ack owl d ed before me by means of*physical
presence or 0 online notarization, thisb (date) by Louie Spyridakos, Managing
Member, of Spileo Properties LLC, a Flori a !i ite liability cpinpany, on behalf of the company,
who is personally known to me or has produced Vro,itrt L t-efArt. as identification.
430 Po.
Thomas William Stafford
Notary Public
State of Florida
My Commission Expires 10/20/2023
op
Commission No. (33 924020
[A04-02064 /176103/1]
Signature of person to ti ! acknowled ment
-7/70,141 .4.114A, fl
Name typed, printed or stamped
ftia X‘44 -
Title or rank
6C? i
Serial number, if any
600/620 Alt Hwy 19, Palm Harbor, FL 34683 — Gas Easement
Parcel I D#: 01-28-15-88560-136-0800