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FT HARRISON PROP CO LLCReturn to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINES COUNTY, FL INST# 2021134349 04/23/2021 02:39 PM OFF REC BK: 21501 PG: 118$-1194 Docrype'4SEMENT RECORDING: $61.00 D DOC STAMP: $0.70 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, FT HARRISON PROP CO LLC, a Florida Limited Liability Company, whose mailing address is 24671 US HWY 19 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 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" 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 WITNESSHEREO , the undersigned grantor has caused these presents to be duly executed this t�`"day of/14L , 2021. Signed, sealed and delivered in the presence of: FT HARRIS N -PROP CO LLC WI ess tignature / Ben Atkins Managing Member U►►zwr fA_hv Print ivitnes name JVitne s signature Print witness name STATE OF t ISM 7AS COUNTY OF 171110 : ss The foregoing instrument was acknowled ed before me by means of 8' physical presence or 0 online notarization, this 2,Airby 114/'(,0 rPiN' AlcPYH RISON PROP CO LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced '..''' !'.i;'' JAMES ROCKY DAVIS 1 ?� • 1•• Notary Public - State of Florida I 1 ,...1, Commission k GG 243639 "'•....p. ° ` My Comm. Expires Nov 26, 2022 P Bonded through National Notary Assn. I as identification. Title AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared t': (i1AMy\ , as 4 of FT HARRISON PROP CO LLC,J whom, being duly authorize 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 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.)1w 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. 1J�V WITNES WHER OF, the undersigned grantor has caused these presents to be duly executed this n day of 11/04/16 , 2021. Signed, sealed and delivered in the presence of: FT HARRISON PROP CO LLC fit Witness signature �l� Iia M2 Print wi ness na e itnsi9 nature i tL it - c,wf f p'tT Print witness name Ben Atkins, (Man ging Member The foregoing instrument was acknowledged VINO me by means{�of /physicalV presence or ❑ online notarization, this /1.ITV\by VV/yw AnAI\ bf FT HARRISON PROP CO LLC, a Florida limited liability company, on behalf of the company, who is as identification. personally known to me or has produced ''iv rp JAMES ROCKY DAVIS aF' • �l�`t:`. Notary Public - State of Florida .. • •• " Commission N GG 243639 1 '',Eofr - My Comm. Expires Nov 26, 2022 4 ..,,.. Bonded through National Notary Assn. I Sigl o person taking acknowledgement Tyt Name Title DESCRIPTION & SKETCH SANTA ROSA Section 21, Township 29 S, Range 15 E City of Clearwater, Pinellas County, Florida ASHINGfON oADSDEN LEON TE co, JACAONNLIt WAKUUA UWANNE, IAYI CR IAEAYI fl{ F AUGhVINI AGLER NOT TO SCALE !N/EDNA BEAC4. VOLJSA CIIRUS BELLEVIEW BILTMORE COUNTRY CLUB RNANDO PASCC OCOA OS EOIA EI BOURNE +NEWS tq LSBOAOUGII AMPA NDUN AMA 1 NACU ARADFNiON 'IIGNIANDS PERCE IJL SOTO BELLEVIEW BLVD CINRI OPE HENDRY WILDWOOD WAY "MYERS NAPtS COI IPR F LAUDERDALE_ VICINITY MAP OOOWaQp NOT TO SCALE STATE OF FLORIDA 000000� The seal appearing on this document was authorized by Scott K. Acker, LS 6045 on 01/18/2021 NOTA 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 He: 19067ds.dwg 806 Franklin Street, Clearwater, FL 33756 - Ph. 727.230-9606 Fax 727.230 9234 - LB No.: 8128 • DESCRIPTION & SKETCH Description: Section 21, Township 29 S, Range 15 E City of Clearwater, Pinellas County, Florida 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 Tess. 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 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 727.230.9234 - LB No.: 8128 DESCRIPTION & SKETCH S FT. HARRISON AVE LOT 3 Section 21, Township 29 S, Range 15 E City of Clearwater, Pinellas County, Florida LOT 20 LOT 19 122' (P) 0-2 SUBJECT PROPERTY 1250 SQUARE FEET L LOT 4 0 0 Ln 0 Ln0 BELLEVIEW COURT BLOCK A (PLAT BOOK 10, PAGE 43) LOT 5 E5.00'- 6.70 0 Ln LOT 6 122' (P) E 5.00' -- Ln0 Et= 0 lf1 50' (P) W 5.00' W 5.00' 10.00' LOT 7 50' (P) 0 LOT 8 McLENNAN ST (F) COURT DR (P) 60 R/W (P) ABBREVIATIONS: (F) FIELD DATA (P) PLAT DATA R/W RIGHT-OF-WAY NOT A SURVEY 0' 30' SCALE:1 "=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: 19067ds.dwg 806 Franklin Street, Clearwater, FL 33756 - Ph. 727.230.9606 Fax 727.230.9234 - LB No.: 8128