21-13RESOLUTION NO. 21-13
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM NRF PINEWOOD,
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 NRF PINEWOOD, 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 21-13.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this c0 day of hial , 2021.
Approved as to form:
Af--)7X-eat-Z-16
Laura Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Rosemarie Call
City Clerk
Resolution No. 21-13
Exhibit "A" to
Resolution 21-13
Return to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel I. D. No. 23-28-16-74402-001-0010
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, NRF PINEWOOD LLC, a Ohio Limited
Liability company whose principal address is 212 E 3RD ST STE 200 CINCINNATI OH 45202-5500
("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, FL 33758-4748 ("Grantee"), a non-
exclusive, gas utility easement over, under and across the following described land lying and being situate
in the County of Pinellas, State of Florida, to wit:
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. The legal description on the accompanying Exhibit "A" attached hereto and incorporated herein
by this reference, will be replaced with a Descriptive Easement, two and a half (2.5) feet on either side
of all facilities installed/as-built by GRANTEE, as will be shown on a certified surveyed sketch and
legal description to be provided by GRANTEE within sixty (60) days after the installation of facilities
by GRANTEE. The easement will then be recorded in the public record with the Descriptive Easement
attached as Exhibit "A".
3. 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.
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4. The Grantor shall 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.
5. 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.
6. This Easement shall not be changed, altered, or amended except as to the Descriptive
Easement as contemplated in section 2, above, or 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.
7. 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.
8. 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
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IN WITNESS MIEREOF, the undersigned Grantor has caused these presents to be duly executed this
iv- day ofAril 2021.
Signed, sealed, and delivered
In the presence of:
WITNESS signature
Print Witness Name
WITNESS signature
Print Witness Name
STATE OF �t:b ,
as
COUNTY OF ihimaTiq
NRF PINEWOO LLC
By:
Print Name: Ntstea C2`0-111
Title: _ 4 Osic
The foregoing instrument was acknowledged be are me by ins of ysical presence or 0
online notarization, this ,dM /14 u((date) by o,f -rJl* 11
(name of member, manager, officer or agent, title of member, manager, officer or agent), of NRF
PINEWOOD LLC, a Ohio Wed liability company, on behalf of the company, who is personally known to
me or has produced i "t c-etei $ as identification.
�MORSCH
SIgedOhio
mon E *es 04.18.2022
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Sign e of person taking acknowledgment
Name typed, printed or stamped
A‘
Title or rank
Serial number, if any
• SECTION 14 & 23, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
Sketch of Legal not a Survey
EXHIBIT "A"
LEGAL DESCRIPTION: CLEARWATER GAS EASEMENT
A PORTION OF LOT 1, BLOCK 1, RETAIL CENTER AT TAMPA ROAD AND PINE AVENUE,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 136, PAGES 3 AND
4, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 1 FOR A POINT OF BEGINNING AND
THENCE RUN N 76'22'55" W ALONG THE SOUTH BOUNDARY OF LOT 1, A DISTANCE OF
86.71 FEET ; THENCE LEAVING SAID LINE , N 02'24'42" W, A DISTANCE OF 43.91
FEET; THENCE N 68'57'11" W ALONG A LINE 20 FEET SOUTH OF A PARALLEL WITH THE
SOUTH LINE OF THE EXISTING MASONRY BUILDING, A DISTANCE OF 102.82 FEET ; THENCE
N 21'02'49" E, A DISTANCE OF 20.00 FEET TO SOUTH EDGE OF SAID MASONRY BUILDING;
THENCE S 68'57'11" E, A DISTANCE OF 20.00 FEET ALONG SAID SOUTH EDGE OF SAID
MASONRY STRUCTURE; THENCE S 21'02'49" W, A DISTANCE OF 5.00 FEET ; THENCE S
68'57'11" E, A DISTANCE OF 87.22 FEET ; THENCE S 02'24'42" E, A DISTANCE OF 48.3
FEET TO A POINT 10 FEET NORTH OF THE SOUTH BOUNDARY OF SAID LOT 1; THENCE S
76'22'55" E ALONG A LINE 10 FEET NORTH OF AND PARALLEL WITH SAID SOUTH
BOUNDARY OF LOT 1, A DISTANCE OF 79.89 FEET TO THE WEST RIGHT OF WAY OF PINE
AVENUE; THENCE S 17'42'54" W ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 10.03
FEET TO THE POINT OF BEGINNING.
CONTAINING 2969.8 SQUARE FEET OR 0.068 ACRES MORE OR LESS.
LEGEND
(D)= Data Per Description
(M) = Data Measured
(C) = Calculated Data
PG.(s) = Page (s)
O.R.= Official Record Book
P.B. = Piot Book
R/W = Right—of—way
CERTIFIED AS A SKETCH OF LEGAL
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA UCENS D SURVEYOR & MAPPER OR
DIGITALLY SIGNED, THIS DR NG, SKETCH, PLAT OR MAP IS FOR
INFORM. INAL PURPO S NLY AND IS NOT VALID.
GU D. HA PLS
Licensed ' rofessional Land Surveyor
Florida Registration Number 4626
JOB NUMBER:2006194 2-3-21
PAGE 1 OF 2
G
UY
LAND SURVEYING
40650. ARCTUR4SAVENUE
SUITE ONE
CLEARHOTER, FL 33785
(727 7844266GHsurrvyragIMiawn
tV
0
LEGEND
SECTION 14 & 23, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
Sketch of Legal not a Survey
EXHIBIT "A"
TAMPA ROAD STATE ROAD 584 (R/W VARIES)
S68'56'36"E
246.37'
•67. S.
(D) = Data Per Descriil�irj9'�y
(M) = Data Measured
(C) = Calculated Data
PG.(ss) = Page (s)
O.R. = Official Record Book
P.B. = Plat Book
R/W = Right—of—way
LOT 1
BLOCK 1
144.0'
ONE STORY MASONRY & STEEL STRUCTURE
3860 TAMPA ROAD
OLDSMAR, FLORIDA 34677
N 21'02'49" E
20.00'
S 68'57'11" E
20.00' S 21'02'49" W
5.00'
144.0'
0
22.0'
S 68'57'11" E 87.22'
CLEARWATER GAS EASEMENT
NI4'57'30"E 4.90'
N 68'57'11" W 102.82'
yr
0 vi
10' STORM WATER EASEMENT
N76'22 55 W 219.28'0/A
SOUTH BOUNDARY LOT 1'
F -
z
w
En
w
0
v
S 76'22'55" E 79.89'
CLEARWATER GAS EASEMENT
N 7622'55" W 86.71'
A"
S 1.142 X003
W R/W PINE AVENUE
in
GRAPHIC SCALE
1"=40'
0 40
in
1,3
P.O.B.
S.E. CORNER
OF LOT 1
BLOCK 1
PINE AVENUE
PAG
2 OF 2
80
LAND SURVEYING
40650. ARCTURAS AVENUE
SU/TEONE
CLEARWATER,, FL 33765
JOB NUMBER:2006194 (74 734-4266 GHsuiveyor@gmailcom
AFFIDAVIT OF NO LIENS
STATE OF Ohio
COUNTY OF Hamilton ss
David Birdsall , (name of member, manager, officer or agent, title
of member, manager, officer or agent), of NRF PINEWOOD LLC, whom, being duly authorized does depose
and say:
1. That NRF PINEWOOD 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 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.)
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.
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Signed, sealed, and delivered NRF PINEWOOD LLC
In the presence of: , t
WITNESS signature
0 f► Toy
Print Witness Name
WITNE nature
DcJA.c*4 4ilk,(o-2
Print Witness Name
Print Name: Gk) C 1J C ks, C(
Title: 0^1
STATE OF CJii d
COUNTY OF f4h:II::ss
The foregoing instrument was acknowledged bore me byeans of,iphysical presence or D
online notarization, this 1744 (date) by G�vr�. 1rrGI S4�f
(name of member, manager, officer or agent, title of member, manager, officer or agent), of NRF
PINEWOOD LLC, a Ohio mited liability company, on behalf of the company. who is personally known to
me or has produced e•Perr Z,:r se.. as identification.
STEPHEN MORSCH
Nokni Ohio
Ili Oxiif CI Edres 008-20
(GM15-2064-066/25806911) GM 15-2064-066/257077/1
Sign thre of person taking acknowledgment
s4,Alorfc,
Name typed, printed or stamped
kt, ev444_
Title or rank
Serial number, if any
MoccaS..:n
3860 Tampa Road, Oldsmar, FL 34677 — Pinewood Plaza Gas Easement
/ 3860 Tampa Road
State St W
3f
23-28-16-74402-001-0010
Gas Easement
Y a ,.o CGS