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21-16RESOLUTION NO. 21-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A DRAINAGE AND UTILITY EASEMENT FROM CL CLEAWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLEARWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6, LLC, (COLLECTIVELY, AND AS TENNANTS IN COMMON), FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY DRAINAGE AND UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater required a drainage and utility easement from; CL CLEAWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLEARWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6, LLC, (collectively, and as tenants in common), as a condition of vacation Ordinance 9455-21, for the construction, installation, and maintenance of certain drainage and 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 Drainage and Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 21-16. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this /‘&41 - day of 26`^-'7" , 2021. Frank Hibbard Mayor Approved as to form: Attest: �tt�Laura Mahony Senior Assistant City Attorney [A05-00152 /269220/1] Rosemarie Call City Clerk Resolution No. 21-16 EXHIBIT A TO RESOLUTION 21-16 Return to: Rob Brzak .Engineering Department Citjr of Clearwater P. a Box 4748. Clearwater, FL 33756-4748: IDRAINAGE AND UTILITY EASEMENT I 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, CL CLEARWATER LP, a Delaware limited partnership, CL CLEARWATER LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC, CL CLEARWATER OWNER 3 LLC', a Delaware limited liability company, CL CLEARWATER OWNER 4 LLC, a Delaware limited liability company, CL CLEARWATER OWNER 5 LLC, a Delaware limited liability company, and CL CLEARWATER OWNER 6 LLC, a Delaware limited .liability company, (collectively,and as tenants in common, "Grantor") whose mailing address is c/o Castle Lanterra Properties, 1 Executive Blvd. Ste. 204, Suffern, NY 109.01, does hereby grant and convey to the City of Clearwater, Florida,. a Florida Municipal Corporation, whose mailing address is 600 Cleveland St, Suite 600, Clearwater, Florida 33756 ("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, maintain and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining'.all govemmental 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 & 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 faculties 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 facilities. constructed within the Easement Premises, and shall at. Grantors. sole cost and expense reconstruct the utility facilities within. the.altemate. easement.. Upon completion of the facilities relocation Grantee:shali cause this easernent to be vacated and evidence of vacation duly recorded in the. public records of Pinellas County, Florida. [A05-00152 469222/1J 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 WHEREOF, the undersigned grantor has causedthese presents to be duty executed this 1ti'' .day of , 2021.. Signed,.sealed and delivered in the presence of CL CLEARWATER LP, a Delaware limited partnership By: CL CLEARWATER GP LLC., a Delaware limiter ilityp%mpa y, its general. partner By; .Ellie Rieder, Authorized Person CL CLEARWATER LLC, a7Delaware limited liability 5 10 compa By: Ellie Rieder, Authorized Person. CL CLEARWATER :_OWNER 3 LLC, a Delaware limit .liab' ity-cd any By: Ellie. .leder, Authorized Person CL CLEARWATER. OWNER 4 LLC, a Delaware lirnited jabjlity.cortpany By: Ellie Rieder, Authorized Person CL CLEARWATERQWNER LLC, a Delaware limited is' . x y corp any By.: Ellie Rieder, Authorized Person WNER fi LLC, a Delaware er, Authorized Person Witness gnature EA05-00152/269222/11 Z Print witness name Dfvi o A S H.t R l r -- Print witness name STATE OF }Jtv +-( COUNTY OF "24.stsciVw% The foregoing instrument was acknowledged before me by means of X:f physical presence or 0 online notarization, this jt `v ' Mot 110 '(date) Ellie Rieder, of (i) CL Clearwater GP, a Delaware limited liability company, general partner of CL Clearwater LP, a Delaware limited partnership, (ii) CL Clearwater LLC, a Delaware limited liability company, (iii) CL Clearwater Owner 3 LLC, a Delaware limited liability company, (iv) CL Clearwater Owner 4 LLC, a Delaware limited liability company, (v) CL Clearwater Owner 5 LLC, a Delaware limited liability company, and (vi) CL Clearwater Owner 6 LLC, a Delaware limited liability company, on behalf of the companies described in and which executed the above instrument; who is personally known to me or has produced 0 paps as : ss Ma." identification. • c ,,, STATE OF COUNTY OF rt un Signa'•erson taking acknowledgement Type/Print Name STEN C1NNEY NOTARY Pt1BUC : ,. 4EW JERSE r Commission!. s 1 t 1037 My Commission e..• .. } . 820f2024 Title AFFIDAVIT OF NO LIENS :ss BEFORE ME, the undersigned authority, personally appeared E i. ie being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the property in Pinellas County, Florida, to wit: 1A05-00152 /269222/11 i , whom, following described See Exhibit A appended hereto and by this reference made a part hereof 2s That there has been no labor perforrned or materials furnished on said property for which thereare 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 assessmentsfor 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 WHEj EOF, the undersigned grantor has caused these presents to be duly executed this `kday of yYVYI� 4-1 , 2021. Signed, sealed and delivered in the presence of: 1A05-00152 1269222/1.1 CL CLEARWATER LP, a Delaware limited partnership By: CL CLEARWATER GP LLC,a Delaware limited ility c¢rany, iks`general partner Ellie fir; Authorized Signatory CL CLEARWATER LLC., a Delaware limited liability company, By: Ellie Rieder, Authorized Signatory CL CLEARWATER OWNER 3 LLC, a Delaware limited ity co By: Ellie `leder, Authorized Signatory CL CLEARWATER OWNER 4 LLC, a Delaware limited li . ility J- pany By: Ellie Rieder, Authorized Signatory CL CLEARWATER OWNER 5 LLC, a Delaware limited iia • By: Ellie Rieder, Authorized Signatory CL CLEARWATE ' •Air >> limite10044 • leder, Authorized Signatory By: Ellie Witness signature Print witness name, R 6 C, a Delaware STATE OF N gt,A) c : ss IVIoAmoksAft COUNTY OF tin The foregoing instrument was acknowledged before me by means ofphysical presence or 0 online notarization, this) tt41.4441 Z (date) Ellie Rieder, of (1) CL Clearwater GP, a Delaware limited liability company, general partner of CL Clearwater LP, a Delaware limited partnership, , (ii) CL Clearwater LLC, a Delaware limited liability company, (iii) CL Clearwater Owner 3 LLC, a Delaware limited liability company, (iv) CL Clearwater Owner 4 LLC, a Delaware limited liability company, (v) CL Clearwater Owner 5 LLC, a Delaware limited liability company, and (vi) CL Clearwater Owner 6 LLC, a Delaware Limited liability company, on behalf of the companies described in and which executed the above [A05-00152 /268222/11 instrument; who is personally known to me or has produced Q. p0A4ro -- as identification. • ♦ •••"y '• 2 ..• r [A05-00152 /269222/1] "OW' Sign a e o n taking acknowledgement TypelPrint Name Title KRISTEN S. KINNEY NOTARY pukeOF NEW JERSEY Commission #50111037 M►Commission Explses 8120r2024i EXHIBIT A to cn S.TEAK 'N SHAKE, INC: OR 9842, .PG 1005 SECTION 20, TOWNSHIP 29S; RANGE 16E PINELLAS COUNTY,1 FLORIDA PROJECT NUMBER 4552-01 BAY ARISTOCRAT VILLAGE MOBILE HOME PARK .6. 0 L5 S8916‘50"E 885.03' 60' EASEMENT/RIGHT-OF-WAY OR 3875, PG 36 OR 3856, PG. 824 X S TH LIN •SEg 20 j NORTH UNE, SEC 29 NOT A SURVEY CLEARWATER 'CAY HOLDINGS LLC OR 17648, PG 1748 0. 50.100 SCALE; 111=100' z _J X m 60' EASEMENT/RIGHT-OF-WAY <1 OR 3875, PG 36 OR 3856, PG 824 CLEARWATER CAY HOLDINGS LLC OR 17648, Pp 1748 BAY ARISTOCRAT VILLAGEMOBILE. MOBILE HOME PARK S892650"E 885.03* IRE GE ND COR = CORNER CPB = CONDOMINIUM PUT BOOK OR = oFriam. RECORDS BOOK PS - PLAT BOOK PG(S) PAGE(S) POB = POINT OF BEGINNING POC non or COMENCENENT RPM = RICHT-OF-WAY SR = STATE ROAD SEC = SEC11014 • UNE TABLE LINE BEARING LENGTH Ll S8919'48"E 100:01r' 1_2 NO1 '2621 “E 30.00' L3 S012621'W 6 0. 01' L4 NO0'33'11rE 5.00' 15 ,N8976'50W :7000' L6 SOW33'10"W 5.00' 17 N89'26'50"W 62.50':. 18 N0126'21"E 30.00' L9 N89'26'50'1,'20.0' w z 7_1 0 SHEET 1 OF 2 ITEM DATE BY REVISE DESCRIPTION 09-03-20 DHR CIDIP SKETCH & DESCRIPTION 106_05_20 06-05-201 SW H: \JN \4552 \DWG \4552SD1 VACRE VINO DHR D.RAINAGE.43t UTILITY EASEMENT 1 POLARIS ASSOGATES. INC. PROFESSIONAL SURVEYING LB. 6113 Z55 SUNNYDALE-BOULEVAM SURE .OLEARWATER. FLORIDA 33765 (727) 461-6113 SECTION 20, TOWNSHIP 29S, RANGE 16E PINELLAS: COUNTY, FLORIDA PROJECT NUMBER 4552=01 DESCRIPTION A PARCEL OF LAND IN SECTION .20, TOWNSHIP 29 .SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. COMMENCE AT THE SOUTHWEST CORNER. OF SAID SECTION 20; THENCE ALONG THE SOUTH UNE OF SAID SECTION 20, S.8919'48"E.; 100.01 FEET TO THE EAST RIGHT OF WAY UNE OF U.S. HIGHWAY 19; THENCE ALONG 'SAID EAST RIGHT OF WAY UNE, N.0126'21"E., 1100:56 FEET TO. THE POINT OF BEGINNING; THENCE. CONTINUE ALONG SAID EAST RIGHT OF WAY LINE, N.01`26'21"E., 30.00 FEET, THENCE LEAVING SAID EAST RIGHT OF .WAY UNE; 5.89'26'50"E., 885.03 FEET; THENCE •S.01.26'21'%, 60.01 .FEET;. THENCE. N.89'26':50"W., 2'0.03 FEET THENCE N.01'26'21"E., 30;00 FEET; THENCE N.8926'50"W., 732.50 I- LT; THENCE N:00'33'i O`E., 5.00 FEET; THENCE N:89'26'50"W., 70.00 FEET; THENCE S.0033'10"W., 5.00 FEET; THENCE N.8926'50"W., 62.50 FEET TO 114E POINT OF BEGINNING: CONTAINING 0:615. ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE EAST RIGHT—OF—WAY LINE OF U.S. HIGHWAY 19, SAID LINE BEING ASSUMED. AS N01'26'21 "E. 2. LEGAL DESCRIPTION WAS. PREPARED BY POLARIS ASSOCIATES, INC. 3. RE—USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT.WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT .THE RE—USERS SOLE RISK AND WITHOUT UABIUTY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS: SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5: THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND .MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF=WAY AND OTHER. MATTERS OF RECORD. CE'RTIFIC.ATI0N I HEREBY CER11FY THAT THE SKETCH REPRESENTED HEREON MEETS 11 -IE MINIMUM TECHNICAL .STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472:027 FLORIDA STATUTES. a`, • ,._ Dlgttagy.signed by Dae RiIIutd Date: 20214 6.10 78:40 ..... o4roo NOT A SURVEY DAN: H. RIZZUTO PROFESSIONAL LAND. SURVEYOR LS. 5227,. STATE OF FLORIDA REVISE SKET! H: W�. ITEM DATE. BY QC DESCRIn0N 09-03-20 DHR DHR L>ESGRIPPON 06-05-2n.I SM!1 ^HR 4552\DWG.\4552SD1 VACREV2.DWG DRAINAGE it UTILITY EASEMENT SHEET 2OF'2 ASSOCIATES INC. PROFESSIONAL SURVEYING LB. 6113 2165 SUN.NYDA� E BOULEVARD, nI:TE D• CLEARWAIER, FLORIDA 33765 (727) 461-6113.