21-03RESOLUTION NO. 21-03
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM FT HARRISON
PROP CO LLC, FOR THE CONSTRUCTION, INSTALLATION,
AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater requires a utility easement from FT HARRISON PROP
CO 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 21-03.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this )."-*i‘day of 0.61 , 2021.
Approved as to form:
Laura Mahony
Senior Assistant City Attorney
-9:A_6u_e
Frank Hibbard
Mayor
Attest:
Lakc-- 0€11"
Rosemarie Call
City Clerk
Resolution No. 21-03
EXHIBIT A TO RESOLUTION 21-03
Return o:
Rob Brzak.
Engineering Department.
City of Clearwater
P. O..Box 4748
Clearwater, FL 33758-4748
UTILITY EASEMENT
3
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the:receipt.ofwhich
is hereby acknowledged, and the benefits to be derived therefrom, FT HARRISON PROP CO LLC, a Florida.
Limited Liability Company; whose mailing address is 24671 US HWY 1.9 N., Clearwater, Florida 33763
("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 anon=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 t' 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 exerciseof 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 feesimple title to the herein
described: Easement -Premises,- and'that Grantor has full right and lawfulauthorityto 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 faciUties'relocatibn Grantee shall cause this easement
to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida.
This easement isbinding .upon the Grantor, the Grantee, their heirs,. successors and assigns. The
rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written
,mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this 114 day of A l\ , 2021.
Signed, sealed and delivered
in the presence of:
W
t(
ess ignature
Print itness name
itness ignature
1/L La rJ *SA 44., l
Print witness name
STATE OF 110'11A.V
COUNTY OF 1 lr101'�
: ss
FT HARRtSQ.NROP CO LLC
Ben Atkins Managing Member
The foregoing instrument was acknowledged before me by means of }" physical
presence or 0 online notarization, this y Mkt f HARRISON
PROP CO LLC, a Florida limited liability company, on behalf of the company, who is
personally known to me_or has produced as identification.
JAMES ROCKY OAYIS
Notary Public - State of Florida
7g;° Commission X GG 243639
My Comm. Expires Nov 26, 2022
Bonded through National Notary Assn.
Title
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared 4P.r'1,kuttitr\
as of FT HARRISON PROP CO LLC,JJ whom, being duly
authorized dos 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 furnished 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 diens 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
entered.)
4. 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.
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.
. .J WITNES WHER OF, the undersigned grantor has caused these presents to be duly executed
this /'U day of i�,1t�/1, 2021.
Signed, sealed and delivered
in the presence of: FT HARRISON PROP CO LLC
r r /
Witnes's signature
Print witness na e
ritns signature
i tw- c_wNNP41
Print witness name
Ben Atkins, imaging Member
The foregoing instrument was acknowledged before me by means of /physical
presence or 0 online notarization, this 'Wiry VINO f ' # HARRISON,' _FT
PROP CO LLC, a Florida limited liability company, on behalf of the company, who is
personally known to me or has produced as identification.
JAMES AOCKV DAVIS
Notary Public • State of Florida
Commission N GG 243639
My Comm, Expires Nov 26, 2022
Bonded through National Notary Assn.
Signat
4
Ty. - • tint Name
o person taking acknowledgement
Title
DESCRIPTION & SKETCH
Section 21, Township 29 S. Range 15 E
City of Clearwater, Pinellas County, Florida
•
"VAtt
NOT TO SCALE
LJ
0
111
BELI_E'VIENXf BILTIVKDRE
COUNTRYLUB
E EST
E)ESCRIPTION
AREA
MCLENNAN ST
BELLEVIEW BLVD
WILDW0013 WAY
VICINITY MAP
NOT TO SCALE
The seal appearing on this document was authorized
by Scott K. Acker, LS 6045 on 01/18/2021
NOT A SURVEY
Sheet 1 of 3
FLS Project: 19067-A2
Scott K. Acker
Professional Surveyor and Mapper
License Number LS 6045
State of Florida
For: Stellar Construction
Date: 01/15/2021
Ferguson
Land Surveyors
Project Manager: Scott
Drawn By: Jason
File: 19067ds.dwg
806 Franklin Street, Clearwater, FL 33756 - Ph. 727.230.9606 Fax 727.2309234 - LB No.: 8128
•
•
DESCRIPTION & SKETCH
Section 21, Township 29 5, Range 15 E
City of Clearwater. Pinellas County, Florida
Description:
The East 5.00 feet of Lot 5 and Lot 6 together with the West 5.00 feet of Lot 7, Block A, according to the plat
of Belleview Court as recorded in Plat Book 10, page 43 of the Public Records of Pinellas County, Florida.
Containing 1,250 Square feet, more or less.
Notes:
1. Belleview Court, Plat Book 10. Page 43 of the public records of Pinellas County, Florida, was utilized in the preparation
of this description and sketch.
2. This description and sketch was prepared without the benefit of a title commitment.
3. Re -use of the description and sketch for purposes other than which it was intended, without the written verification,
will be at the re -users sole risk and without liability to the Surveyor. Nothing herein shall be construed to give any rights
or benefits to anyone other than those prepared for.
4. This description and sketch is not intended to show the location of any jurisdictional hazards.
5. This description and sketch was prepared for Stellar Construction Management, LLC, 1728 Coral Way, Suite 711,
Miami, FL 33145, Tel: 305-500-2408
NOT A SURVEY Sheet 2 of 3
FLS Project: 19067-A2
For: Stellar Construction'Ferguson
sne rgu s o n
Date: 01/15/202 I d Surveyors
Project Manager: Scott
Drawn By: Jason
File: 19067ds.dwg
806 Franklin Street, Clearwater, FL 33756 - Ph. 727.230.9606 Fax 727.230.9234 - L8 No.: 8128
DESCRIPTION & SKETCH
Lu
>
z
<
•0
LL
LOT 3
Section 21, Township 29 S. Range 15 E
City of Clearwater, Pinellas County, Florida
LOT 20
LOT 19
22(P)
50111
SUBJECT PROPERTY
1250 SQUARE FEET
LOT 4
BELLEV1EW COURT
BLOCK A
(PLAT BOOK 10, PAGE 43)
LOT 5
E 5.00
E 5.00' —
LOT 6
122(P)
11)
0
Lrl
0
W 5.00'
moo'
LOT 7
LOT 8
McLENNAN ST (F)
COURT DR (P)
60' R/W (P)
ABBREVIATIONS:
(F) FIELD DATA
(PJ PLAT DATA
R/W RIGHT-OF-WAY
NOTA SURVEY
0 30'
SCALE: I "=30'
Sheet 3 of 3
FLS Project: 19067-A2
For: Stellar Construction
Date: 01/15/2021
Ferguson
Land Surveyors
Project Manager: Scott
Drawn By: Jason
File: I9067ds.dwg
806 Franklin Street, Clearwater, FL 33756 - Ph, 727,230.9606 Fax 727.230.9234 - LB No.: 8128