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:
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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/
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N42.53'54'W
75.01'
/
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ti
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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