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21-15RESOLUTION NO. 21-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING THREE 10 -FOOT UTILITY EASEMENTS FROM WSSA PALM HARBOR VA, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires three 10 -foot utility easements from WSSA PALM HARBOR VA, 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 Easements, a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 21-15. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this �� day of 'n / , 2021. 7 Approved as to form: Laura Mahony Senior Assistant City Attorney Frank Hibbard Mayor Attest: Rosemarie CaII City Clerk Resolution No. 21-15 EXHIBIT A TO RESOLUTION 21-15 Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, WSSA PALM HARBOR VA, LLC, a Florida Limited Liability Company, whose mailing address is 503 S. Saginaw St., Suite 600, Flint, Michigan 48502 ("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 a non-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 "A" and Exhibit "B" 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 exercise of 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 fee simple title to the herein described Easement Premises, 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. 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 facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding 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 VITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 2"J, day of (5Q/ay , 20291.1 Pc Signed, sealed and delv-r€d in the presence of: Witness signature Print witness name i Witness signature .-; e 1 /aZ.. Print witness name STATE OF J***efi-A2-4) COUNTY OF di411,CS4,. : ss WSSA Palm Harbor VA, LLC Johjn%Sabty - Member The foregoing instrument was acknowledged before me by means of El. physical presence or 0 online notarization, this ("2'45 by-V/IY1100f WSSA Palm KtCftr Harbor VA, LLC, a -Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. r�{ DONNA L KLAGSTAD ,i Notary Public - State of Michigan County of Genesee My Commission Expires Apr 21, 2024 Acting in the County of 6,04Em_ /6. Signature of person taking acknledgement L. KL s —14, Type/Print Name 46-64,ey » s;.0•ir>: of "rehiz= ) Title r`1 ac cr f x� STATE OF 'FLORIDA COUNTY OF PINELL-AS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Dorf -,o t574'37-5° as Member of WSSA Palm Harbor VA, LLC., whom, being duly authorized does 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.) None 3. That there are no liens 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.) None 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 government. 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. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ,92 ^ day of xudie y , 20Z,0' t� Signed, sealed and delivered in the presence of: WSSA Palm Harbor VA, LLC Witness signature fisyrz----,A- Print witness name Witnes signature co r,,, L, Print witness name STATE OF M ZMz6, ern) : : ss COUNTY OF Ger, The foregoing instrument was acknowledged before me by means of & physical presence or 0 online notarization, this/w3.2. by S4+67'/ /fl ,iii of WSSA Palm Harbor VA, LLC, aFlorda-li�miteed liability company, on behalf of the company, who is _-- personally known to me or has produced as identification. EY DONNA L KLAGSTAD Notary Public - State of Michigan County of Genesee My Commission Expires Apr 21, 2024_ 1 Acting in the County of Gorse. Signature of person taking ackno ledgement /. Type/Print Name lav°,Cy— —, 4G /y1 C/ZrG' Title EXHIBIT A SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION: 10' UTILITY EASEMENT COMMENCING AT THE COMMON CORNER OF LOTS 2 AND 3, THE VILLAGE AT COUNTRYSIDE PARCEL 4 REPLAT, ALSO BEING THE SOUTHWEST UNE OF PARCEL 5 THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGES 3-6. THENCE RUN ALONG THE SOUTHEASTERLY UNE OF SAID LOT 2, S 47'06'06" W, 30.09 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHEASTERLY UNE OF LOT 2 S 4T06'06" W, 10.00 FEET; THENCE N 43'03'15" W, 375.34 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 2; THENCE N 47'06'06" E, ALONG SAID NORTHWESTERLY LINE, 10.00 FEET; THENCE S 43'03'15" E, 375.34 FEET TO THE POINT OF BEGINNING. SURVEYORS REPORT 1.) THIS IS A SKETCH AND DESCRIPTION ONLY, NOT A SURVEY. ITS PRIMARY PURPOSE IS TO SHOW / DOCUMENT THE LOCATION OF THE PARCEL & EASEMENTS. 2.) THIS SKETCH COMPUES I4TH THE FLORIDA STANDARDS OF PRACTICE PURSUANT TO 54-17 FLORIDA ADMINISTRATIVE CODE FOR THIS TYPE OF SURVEY AND IS NOT INTENDED TO MEET THE NATIONAL STANDARDS. 3.) THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS. OWNERSHIP TITLE EVIDENCE. OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT 1171.E SEARCH MAY DISCLOSE. 4.) THE BEARING BASIS IS PER PLAT BOUNDARY. THE BEARING REFERENCE UNE IS EASTERLY UNE OF LOT 2 BEING N 42.53'54" W. NORTH ARROW 15 BASED ON THE BEARING STRUCTURE 5.) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. NO EVIDENCE OR STATEMENT IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND CONTAINERS OR FACILITIES THAT MAY AFFECT THE USE OR DEVELOPMENT OF THIS PROPERTY. 6.)THIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. CERTIFICATION 15 NOT TRANSFERABLE 7.) COPYRIGHT o LAND PRECISION CORPORATION. ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED. PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS PLAN WITHOUT AN ORIGINAL SIGNATURE AND IMPRESSION SEAL ARE NOT VAUD. SHEET 1 OF 2 UPDATE: 11111111t11RFFFRFF� ��``����NT E. C0'',,,,f G ' SE — N(j' e/ � ,•-\c' � 4608 ').p . � Digitally signed b?, I Vincent E. Corbitt , Reason: 1 attest to the Vincent E. Corbitt accuracy and integrity of r this document r Date: 2020 O6 26 u p STATS oaoo ; c,i off'.V. FLORIDA -'4Y s �a N1'1'1114114i itLItIttV LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#6168 SURVEYING MAPPING — PLANNING JOB NUMBER: 20037SD1.DWG DATE: 6/11/20 SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA UNE BEARING DISTANCE L1 S 47'06'06" W 10.00' L2 N 47.06'06" E 10.00' '/•r 1 i 1 6]' • «•• 1•i• ct 113.82 21.76 21.73 N 16'45 33 W C2 15.00' 26.44' 23.15' N 61'46'30' W / LOT 1 Ave 434, N42'53'54'W 75.01' RENAISSANCE PLAZA A CONDOMINIUM, O.R. 800K 5908. PAGE 1860-1906, CODOMINIUM BOOK 81 PAGE 57 a, / \ G \ ,yo00. (AJ\ SOUTHWESTERLY RIGHT-OF-WAY UNE s'sr /\ EASTERLY UNE LOT 2 SOUTHWESTERLY UNE PARCEL 5 PAR: jsF Qty\1r� THE VILLAGE SAT COUNTRYSIDE PLAT BOOK 86 PAGE 3-6 LOT 2 S� y\*- ', ''% 'P' sr, \�4p's POC ```s• COMMON OF LOTS CORNER2 & 3 SECTION UNE 30-28-16 SECTION UNE 31-28-16 10' UTILITY EASEMENT / / ABBREVIATION LEGEND PG — PAGE ri — Centerline AP — Found Iron Pipe R/W — RIGHT—OF—WAY N&D — Noll and Disk CI — Curb Ile PC — Point Of Curve POB— Point Of Beginnning F/1' - fence Tie P0L — Point On Line PCP — Permanent Control Point (M) — Measured POC — Point Of Commencement (P) — Piot BRL — Bearing Reference Une FCM — Found Concrete Monument FOIL — Field Reference Line PRM — Permanent Reference Monument i� — Section Comar 0.R. — OFFlCIAL RECORDS NTS — NOT TO SCALE / PO\ 80 GRAPHIC SCALE 80 ( IN FEET ) 1 inch = 80 ft. LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER. FL 33759 727-796-2737 FAX 727-796-3326 LB#6168 SHEET 2 OF 2 SURVEYING MAPPING - PLANNING JOB NUMBER: 20037SD1.DWG DATE: 6/11/20 EXHIBIT B SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION: EASEMENT "A" (10' UTIUTY EASEMENT) COMMENCING AT THE COMMON CORNER OF LOTS 2 AND 3 THE VILLAGE AT COUNTRYSIDE PARCEL 4 REPLAT, ALSO BEING THE SOUTHWEST UNE OF PARCEL 5 THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGES 3-6; THENCE RUN ALONG THE EASTERLY OF SAID LOT 2, ALSO BEING THE WESTERN UNE OF SAID PARCEL 5, THE FOLLOWING TWO COURSES; 1) N 42'53'54" W, 162.35 FEET; 2) N 47'06'06" E, 233.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 19, AS RECORDED IN O.R. BOOK 6407, PAGE 171; THENCE N 42'53'54" W ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE, 129.09 FEET TO THE POINT OF BEGINNING; THENCE S 46'45'35" W. 359.28; FEET, THENCE S 3519'09" W 107.01 FEET; THENCE S 42'52'11" E, 16.91 FEET, THENCE S 47'07'49" W, 85.34 FEET, THENCE S 42'53'54" E, 81.79 FEET; THENCE S 47'06'06" W, 10.00 FEET TO THE SOUTHWESTERLY UNE OF SAID LOT 2; THENCE N 42'53'54" W, ALONG SAID SOUTHWESTERLY UNE, 90.61 FEET; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE, N 06'53'41" W, 1.46 FEET; THENCE N 47'07'49" E, 84.48 FEET; THENCE N 42'52'11" W, 15.04 FEET; THENCE N 3519'09" E, 116.14 FEET; THENCE N 46'45'35" E 360.34 FEET, TO THE AFORESAID SOUTHWESTERLY RIGHT-OF-WAY UNE OF HIGHWAY U.S. 19, THENCE S 42'53'54" E, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 10.00 FEET TO THE POINT OF BEGINNING. LEGAL DESCRITION: EASEMENT "B" (10' UTILITY EASEMENT) COMMENCING AT THE COMMON CORNER OF LOTS 2 AND 3, THE VILLAGE AT COUNTRYSIDE PARCEL 4 REPLAT, ALSO BEING THE SOUTHWEST UNE OF PARCEL 5, THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGES 3-6; THENCE RUN ALONG THE SOUTHEASTERLY UNE OF SAID LOT 2, S 47'06'06" W, 333.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE OF LOT 2, S 47'06'06" W, 10.76 FEET; THENCE ALONG THE SOUTHWEST UNE OF SAID LOT 2 BEING A CURVE TO THE RIGHT, CONCAVE NORTHEAST, HAVING A RADIUS OF 113.82 FEET, AN ARC OF 21.76 FEET. BEARING N 16'45'33" W, 21.73 FEET; THENCE CONTINUE ALONG SAID SOUTHWESTERLY UNE OF LOT 2 N1116'30"W, 82.81 FEET. THENCE N 78'43'30" E, 10.00 FEET. THENCE S 1116'30" E, 82.81 FEET. THENCE ALONG A CURVE TO THE LEFT, CONCAVE NORTHEAST, HAVING A RADIUS OF 103.82 FEET, AN ARC OF 16.05 FEET, BEARING S 15'42'40" E, 16.04 FEET TO THE POINT OF BEGINNING. SURVEYORSREPORT 1.) THIS IS A SKETCH AND DESCRIPTION ONLY, NOT A SURVEY. IYS PRIMARY PURPOSE 15 TO SHOW / DOCUMENT THE LOCATION OF THE PARCEL & EASEMENTS 2.) THIS SKETCH COMPLIES WITH THE FLORIDA STANDARDS OF PRACTICE PURSUANT TO 5J-17 FLORIDA ADMINISTRATIVE CODE FOR MIS TYPE OF SURVEY AND IS NOT INTENDED TO MEET THE NATIONAL STANDARDS 3.) ME PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS. OWNERSHIP 7111E EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 4.) THE BEARING BASIS 15 PER PLAT BOUNDARY. ME BEARING REFERENCE UNE IS EASTERLY UNE OF LOT 2 BEING N 4753'54' W. NORM ARROW IS BASED ON 11-E BEARING STRUCTURE 5.) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. NO EVIDENCE OR STATET, ENT IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND CONTAINERS OR FAC1UTIES THAT MAY AFFECT THE USE OR DEVELOPMENT OF THIS PROPERTY. 8.)THIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. CERTIFICATION IS NOT TRANSFERABLE 7.) COPYRIGHT a LAND PRECISION CORPORATION. ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPROOUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS RITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS PLAN WITHOUT AN ORIGINAL SIGNATURE AND IMPRESSION SEAL ARE NOT VALID. SHEET 1 OF 2 UPDATE: �fttwnf f f►rrrrr `J\\-\C'G IgE NUMB ,46) //Ns � 4664611y si 41,tD Vincent E. Corbitt Reason: 1 attest Id Vir?cent E. Corbitt the accuracy and integrity of this document Date: 2020.0626 r' .a'• STAT2'go' FLORIDA QQ� a;Srve of+a, ``````` LAND PRECISION CORPORATION 2663 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#6168 SURVEYING MAPPING - PLANNING JOB NUMBER: 20037SD2.DWG DATE: 6/11/20 SECTIONS 30 Sc 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LINE BEARING DISTANCE L1 S 42'52'11" E 16.91' L2 S 47'06'06" W 10.00' L3 N 06'53'41" W 1.46' L4 N 42'52'11" W 15.04' L5 S 42'53'54" E 10.00' L6 S 4T06'06" W 10.76' L7 N 78'43'30" E 10.00' CURVE RADIU LENGTH CHORq BEARING. C1 113.82, 21,76 21.73 N 16'4533 W C2 103.82 16.05' 16.04' 15'42'40" E C3 15.00' 26.44' 23.15' 61'46'30" W LOT 1 / A. A047 t/ \)„ N42.53'54'W 75.01' / / G ti \ cwt:S kq. \ e, / / 4.4 o°'• r 4 •V`�� =Cli r` h0 N ^O^• f 4 o 43 4 43 J 0 g: 56156 10' UTILITY EASEMENT RENAISSANCE PLAZA A CONDOMINIUM. 0.R. BOOK 5908. PAGE 1860-1906, CONDOMINIUM BOOK 81 PAGE 57 SOUTHWESTERLY UNE OF LOT 2 LOT 2 / ?� �coJ\ E4�51 EASEMENT 'AN�-� , Oq SOUTHWESTERLY RIGHT-OF-WAY UNE S/ Q 10' UTILITY EASEMENT Az :Pod +('‘7117 / POB EASEMENT "B' LEGEND PG - PAGE R/W -RIGHT-OF-WAY - Centerline FlP - Found Iron Pipe N&cD - Nall and Disk C/T - Curb Tie PC - Point 0f Curve POB - Point Of Beglnnning F/Tfence Tie POL - Point On Line PCP - Permanent Control Point (M) - Measured POC - Point Of Commencement (P) - Plat BRL - Bearing Reference Une FCU - Found Concrete Monument F1IL - Field Reference Line PRM - Permanent Reference Monument • - Section Corner 0.R. - OFFICIAL RECORDS NTS - NOT TO SCALE SECTION .11E 30-28-16 / l EASTERLY UNE LOT 2 \ /'WESTERN UNE PARCEL 5 403 SECTION 111E 31-28-18 PARCEL'S THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGE 3-6 POCC. .4 COMMON CORNER SOUTHWESTERLY _..— UNE OF PARCEL 5 / g41.�P 0 01 { LOT 3 OF LOTS 2 & 3 BO GRAPHIC SCALE 80 ABBREVIATION0 ( IN FEET ) 1 inch = 80 ft. SHEET 2 OF 2 LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#61 68 SURVEYING MAPPING - PLANNING JOB NUMBER: 20037S02.DWG DATE: 6/11/20