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GULF TO BAY LM LLCReturn to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 071231202120212419412210-9:362196AM OFF REC BK: 2163950 99 DocType:EASEMENT RECORDING: ' 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, GULF TO BAY LM, LLC, a Florida Limited Liability Company, whose mailing address is 5300 West Cypress St., Suite 100, Tampa, Florida 33607 ("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 WITNESS HEREOF, the undersigned grantor has caused these presents to be duly executed this l-7' day of , 2021. Signed, sealed and delivered in the presence of: GULF TO BAY LM, LLC Witness signature Anthony Saitavanos, President DovcUK M,S Print witness name fitness signature f4- /U5 Print witness name STATE OF' COUNTY OF t'irialAc : ss The foregoing instrument was acknowledged before me by means of Iphysical presence or 0 online notarization, this (o(1,2121 (date) by 'fl o * "I'41"4". of GULF TO BAY LM, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. ---------- 4ir"' •. DOUGLAS MICHAEL SCHROCK Notary Public - State of Florida Commission # HH 49539 oFv My Comm. Expires Oct 25, 2024 Bonded through National Notary Assn. Si: ature of person taking acknowledgement t�Cu,k5 M. Satnotu. Type/Print Name Prv\, Title AFFIDAVIT OF NO LIENS STATE OF FLORIDA :ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Awi 4pNy 1,pY WO S. as ?WOW( of GULF TO BAY LM, 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" and Exhibit "B" appended hereto and by this reference made a part hereof 2. That there has been no labor performed or materials fumished 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.) 4. That no written notice has been received for any public hearing regarding assessments for improvements by any govemment, and there are no unpaid assessments against the above described property for improvements thereto by any govemment, 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. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of „Wye- , 2021. Signed, sealed and delivered in the presence of: GULF TO BAY LM, LLC Wifness signature •'1�,", _'�'� Anthony Saraanos, President T*s AkSV }IWAV Print witness name /iA-• VVi ess signature Lt}` !-la3cs Print witness name STATE OF OR•1 COUNTY OF Pita.41 : ss The foregoing instrument was acknowledged before me by means of Loi physical presence or 0 online notarization, this 0/22,121 (date) by Ai44014.0 001Z" eile5Ibkwr of GULF TO BAY LM, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. 4r► •^,, DOUGLAS MICHAEL SCHROCK {;F 'f \ Notary Public - State of Florida i , ` Commission # HH 49539 9 •..,orn.T' My Comm. Expires Oct 25, 2024 y Bonded through National Notary Assn. moirwourmiommerours Sign ure o person taking acknowledgement bo u* kit coma- Type/Print Name P Title EXHIBIT A THIS IS NOT A SURVEY NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. BASIS OF BEARINGS: NORTHERN RIGHT OF WAY OF STATE ROAD 60 BEING N 89'22'44" W SEE SHEET 1 OF 2 FOR DESCRIPTION AND LEGEND, SHEET 2 OF 2 FOR SKETCH LEGAL DESCRIPTION— UTILITY EASEMENT 1 AN EASEMENT OVER A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA ; THENCE NORTH 00'07'50" WEST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 FOR 50.00 FEET TO INTERSECT THE NORTH RIGHT OF WAY FOR STATE ROAD 60 ; THENCE NORTH 8922'08" WEST ALONG SAID NORTH LINE FOR 157.70 FEET; THENCE CONTINUE NORTH 89'22'08" WEST, ALONG SAID LINE, FOR 180.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'22'08" WEST, ALONG SAID LINE, FOR 10.01 FEET; THENCE NORTH 02'23'29" WEST FOR 13.98 FEET; THENCE NORTH 01'04'09" EAST FOR 197.15 FEET; THENCE NORTH 89'33'30" WEST FOR 199.39 FEET; THENCE SOUTH 87'41'05" WEST FOR 34.69 FEET; THENCE SOUTH 0218'55" EAST FOR 4.18 FEET; THENCE SOUTH 87'41'05" WEST FOR 11.30 FEET; THENCE NORTH 0218'55" WEST FOR 4.18 FEET; THENCE SOUTH 87'41'05" WEST FOR 13.37 FEET TO INTERSECT THE EASTERN RIGHT OF WAY FOR SOUTH MAIN AVENUE; THENCE NORTH 00'23'59" WEST FOR ALONG SAID RIGHT OF WAY 10.01 FEET; THENCE NORTH 87'41'05" EAST FOR 59.27 FEET; THENCE SOUTH 89'33'30" EAST FOR 209.74 FEET; THENCE SOUTH 01'04'09" WEST FOR 11.58 FEET; THENCE SOUTH 88'55'51" EAST FOR 6.37 FEET; THENCE SOUTH 01'04'09" WEST FOR 11.34 FEET; THENCE NORTH 88'55'51" WEST FOR 6.37 FEET; THENCE SOUTH 01'04'09" WEST FOR 184.04 FEET; THENCE SOUTH 0273'29" EAST FOR 14.20 FEET TO THE POINT OF BEGINNING. CONTAINING 4,919.84 SQUARE FEET OR 0.1129 ACRES, MORE OR LESS. /4RRRE 4ATIONS LEGEND E = EAST (F) = FIELD MEASURE FDOT = FENT LORIDA (TRANSPORTATION FT = FEET LB = LICENSED BUSINESS NUMBER N = NORTH ORB = OFFICIAL RECORDS BOOK 0/A = OVERALL PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT OF WAY S = SOUTH SEC = SECTION SQ = SQUARE W = WEST XX' = DEGREES XX' = MINUTES (BEARINGS) XX" = SECONDS (BEARINGS) XX' = FEET (DISTANCES) R = RADIUS ARC = ARC LENGTH CH = CHORD CB = CHORD BEARING = CENTRAL ANGLE NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREON AND A BOUNDARY SURVEY BY AVIDGROUP. PREPARED FOR: GREENLEAF CAPITAL SHEET DESCRIPTION: LEGAL DESCRIPTION UTILITY EASEMENT 1 SCALE: 1"=100' DRAWN: JLW CHECKED: JLW COUNTY: PINELLAS JOB NO. 3286001 DATE: 03/18/2021 SECTION: 13 TOWNSHIP: 29S RANGE: 15E REV 04/09/2021 CIVIL ENGINEERING LAND PLANNING A%/ID ENVIRONMEASIENCES FFIC/TRA GROUP® GIS 2300 CURLEW ROAD STE 201 PALM HARBOR, FLORIDA 34683 PHONE (727) 789-9500 FAX (727) 784-6662 AVIDGROUP.COM CERTIFIED AS TO SKETCH AND LEGAL DESCRIPTION SKETCH AND LEGAL DESCRIPTION OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FLORIDA CERTIFICATE OF AUTHORIZATION No. 7345 Digitally signed by JOHN L WABY DN: CN=JOHN L WABY, OU=A01410D00000174F75B673A000 003B7,O=AVID GROUP, C=US Date: 2021.04.09 14:07:31-04'00' JOHN L. WABY, PROFESSIONAL LAND SURVEYOR LICENSE NUMBER #4270, STATE OF FLORIDA SHEET 1 of �_ THIS IS NOT A SURVEY 0 50 100 cc O O O c0 W SOUTH MAIN 200 MIN SCALE: 1" = 100' GRAPHIC SCALE IN FEET w z z EAST R/W SOUTH M RAINBOW DRIVE 60.00'R/W S89'22'08"E (F) 274.90' (F) TILITY EASEMENT 2 10.01' S89'23'05"E (F) 274.37' (F) NO2' 18'55"W 4.18' N87' 41'05"E %59.27' 209.74' ----PAITSTM 199.39' S87'41'95"W 34.69 S02' 18'55"E 4.18' S87'4.1 p5"W S:7'41'05"W 13.37' S00'07'25"E (F) 30.16' (F) S89'22'08"E (F) 249.97' (F) UTILITY EASEMENT 1 NO2'23'29"W 13.98' NORTH R/W SR 60 10.01 SO1'04'09"W 11.58' S88'55'51 "E 6.37' 4-1 S01'04'09"W 11.34' N89'22'08"W (F) N88'S5'51 "W 107.70' (F) 6.37 1 1 S01'04'09"W LT �) 84.04' w _I l\__-N01'04'09"E o 1 197.15' 0 o S02'23'9"E 0 11 14.20 P0B 180.04' U)O coin of o '0 O N89'22'08"W (F) 444.24' (F) BASIS OF BEARINGS STATE ROAD 60 — GULF TO BAY BLVD 57.70' (F) LINE OF NE 1- w N89'22'08"W(F) 50.00' (F) ((F) — 0 ce w J W m POC SE CORNER SE 1/4 OF THE NE 1/4 SECTION 13, TOWNSHIP 29 S, RANGE 15 E PREPARED FOR: GREENLEAF CAPITAL SHEET DESCRIPTION: UTILITY EASEMENT 1 NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. GROUP® BASIS OF BEARINGS: NORTHERN RIGHT OF WAY OF STATE ROAD 60 BEING N 89'22'44" W SEE SHEET 1 OF 2 FOR DESCRIPTION AND LEGEND, SHEET 2 OF 2 FOR SKETCH SHEET hof EXHIBIT B THIS IS NOT A SURVEY NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. BASIS OF BEARINGS: NORTHERN RIGHT OF WAY OF STATE ROAD 60 BEING N 89'22'44" W SEE SHEET 1 OF 2 FOR DESCRIPTION AND LEGEND, SHEET 2 OF 2 FOR SKETCH LEGAL DESCRIPTION— UTILITY EASEMENT 2 AN EASEMENT OVER A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA ; THENCE NORTH 00'07'50" WEST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 FOR 50.00 FEET TO INTERSECT THE NORTH RIGHT OF WAY FOR STATE ROAD 60 ; THENCE NORTH 89'22'08" WEST ALONG SAID NORTH LINE FOR 157.70 FEET; THENCE CONTINUE NORTH 89'22'08" WEST, ALONG SAID UNE, FOR 444.24 FEET TO INTERSECTION OF THE SAID NORTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY FOR SOUTH MAIN AVENUE; THENCE NORTH 00'23'59" WEST ALONG SAID EAST RIGHT OF WAY FOR 542.61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'23'59" WEST, ALONG SAID LINE, FOR 24.00 FEET; THENCE NORTH 89'36'01" EAST FOR 11.00 FEET; THENCE SOUTH 00'23'59" EAST FOR 24.00 FEET; THENCE SOUTH 89'36'01" WEST FOR 11.00 FEET TO THE POINT OF BEGINNING. CONTAINING 264.00 SQUARE FEET OR 0.0061 ACRES, MORE OR LESS. /►BBRENU71ONS LEGEND E = EAST (F) = FIELD MEASURE FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION FT = FEET LB = LICENSED BUSINESS NUMBER N = NORTH ORB = OFFICIAL RECORDS BOOK 0/A = OVERALL PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT OF WAY S = SOUTH SEC = SECTION SQ = SQUARE W = WEST XX' = DEGREES XX' = MINUTES (BEARINGS) XX" = SECONDS (BEARINGS) XX' = FEET (DISTANCES) R = RADIUS ARC = ARC LENGTH CH = CHORD CB = CHORD BEARING = CENTRAL ANGLE NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREON AND A BOUNDARY SURVEY BY AVIDGROUP. PREPARED FOR: GREENLEAF CAPITAL SHEET DESCRIPTION: LEGAL DESCRIPTION UTILITY EASEMENT 2 SCALE: 1"=100' DRAWN: JLW CHECKED: JLW COUNTY: PINELLAS JOB NO. 3286001 DATE: 03/18/2021 SECTION: 13 TOWNSHIP: 29S RANGE: 15E REV 04/09/2021 CIVIL ENGINEERING 2300 CURLEW ROAD STE 201 LAND PLANNING PALM HARBOR, FLORIDA TRAFFIC/TRANSPORTATION 34683 ENVIRONMENTAL SCIENCES PHONE (727) 789-9500 SURVEYING FAX (727) 784-6662 GROUP® GIS AVIDGROUP.COM CERTIFIED AS TO SKETCH AND LEGAL DESCRIPTION SKETCH AND LEGAL DESCRIPTION OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FLORIDA CERTIFICATE OF AUTHORIZATION No. 7345 Digitally signed by JOHN L WABY DN: CN=JOHN L WABY, OU=A01410000000174F75B673A00 000387,0=AVID GROUP, C=US Date: 2021.04.0914:11:13-04'00' JOHN L. WABY, PROFESSIONAL LAND SURVEYOR LICENSE NUMBER #4270, STATE OF FLORIDA SHEET 1 of 2 THIS IS NOT A SURVEY MAIN AVENUE 0 50 100 200 mom SCALE: 1" = 100' GRAPHIC SCALE IN FEET MIN RAINBOW DRIVE 60.00'R/W S89'22'08"E (F) 274.90' (F) N00'23'59"W (F) / 129.99' (F) 89'36'01"E 11.00' TILITY EASEMENT 2 0073'59"E 24.00' 4.00' EAST R/W SOUTH M w �?v • 01• 0 N 0 z S8923'05"E (F) 274.37' (F) S89'36'01"141 0811.00' UTILITY EASEMENT 1 NORTH R/W SR 60 II N89'22'08"W (F) 444.24' (F) BASIS OF BEARINGS STATE ROAD 60 — GULF TO BAY BLVD 1 0) 0) CO N S00'07'25"E (F) 30.16' (F) S89'22'08"E (F) 249.97' (F) 180.04' w vW 10 O co) 0) N N 0 0 N89'22'08"W (F) cif W O O tn 00 °D o 0 107.70' (F) 157.70' (F) w z OF SE 1/4 OF THE N89'22'08"W(F) 50.00' (F) N00'07'50"W (F) — 0 IX w U J w CO w g_ N Q POC SE CORNER SE 1/4 OF THE NE 1/4 SECTION 13, TOWNSHIP 29 S, RANGE 15 E PREPARED FOR: GREENLEAF CAPITAL SHEET DESCRIPTION: UTILITY EASEMENT 2 NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE A%/ID BENEFIT OF A TITLE POLICY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. GROUP® BASIS OF BEARINGS: NORTHERN RIGHT OF WAY OF STATE ROAD 60 BEING N 89'22'44" W SEE SHEET 1 OF 2 FOR DESCRIPTION AND LEGEND, SHEET 2 OF 2 FOR SKETCH SHEET hof