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21-18RESOLUTION NO. 21-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING TWO UTILITY EASEMENTS FROM GULF TO BAY LM, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires two utility easements from GULF TO BAY LM, 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 21-18. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approve as to form: Laura Mahony Senior Assistant City Attorney 1 day of , 2021. 7cZ Frank Hibbard Mayor Attest: Rosemarie Call City Clerk Resolution No. 21-18 EXHIBIT A TO RESOLUTION 21-18 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, 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 WITNESSHEREOF, the undersigned grantor has caused these presents to be duly executed this 1-22 day of H , 2421. Signed, sealed and delivered in the presence of: Witness signature Dovcik ctiesottk Print witness name fitness sign ure /tcs Print witness name STATE OF i#rfYY ss COUNTY OF I i GULF TO BAY LM, LLC Anthony Sa avanos, President The foregoing instrument was acknowledged before me by means of Lphysical presence or 0 online notarization, this (date) by &Mot/ '4 W0 _oar 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. /.0i" "ice , DOUGLAS MICHAEL SCHROCK \ Notary Public . State of Florida _ d fCommission # NH 49539 My Comm. Expkes Oct 25, 2024 Bonded through National Notary Assn, Si: ure of person taking acknowledgement t�vAs tit, Sato Type/Print Name Title AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAAS BEFORE ME, the undersigned authority, personally appeared Alin 40 SkttAV'A1(O5 as *PmEcitiOri 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 : That there has been no iabor'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 narmal..course of business, except: (list, or if none, insert "NONE". If no entry, it'will be deemed that"NONE" hasbeen. entered.) NO+J£. 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. 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 havebeen 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. tN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 71,14 day of-31.l^'E , 2021. Signed, sealed and delivered in the presence of: GULF TO BAY LM, LLC W ness signature Anthony Saratanos, President s signature L>t` /-fgcs Print witness name STATE OF TwW t ss. COUNTY OF `i iK The foregoing instrument was acknowledged before me by means of Me physical presence or Cl online notarization, this 6121121 (date) by A iw*.*j k - j to 1beAr 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. r w DOUGLAS MICHAEL SCHROCK Notary Public • State of Florida Commission; NH 49539 1 �,w My Comm. Expires Oct 25. 2024 Banded through National Notary Assn. Sign ure o person taking acknowledgement btALAS Sct teUt-' Type/Print Name 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 8972'08" 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 0023'59" WEST FOR ALONG SAID RIGHT OF WAY 10.01 FEET; THENCE NORTH 87'41'05" EAST FOR 59.27 FEET; THENCE SOUTH 8913'30" 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 02'23'29" EAST FOR 14.20 FEET TO THE POINT OF BEGINNING. CONTAINING 4,919.84 SOUARE FEET OR 0.1129 ACRES, MORE OR LESS. E = EAST (F) = FIELD MEASURE FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION FT = FEET LB = LICENSED BUSINESS NUMBER N = NORTH ORB = OFFICIAL RECORDS BOOK 0/A = OVERALL PB = PLAT BOOK PG = PAGE P08 = POINT OF BEGINNING POC = POINT OF COMMENCEMENT RAN = 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 I SCALE: 1"=100' DRAWN: LIN CHECKED: 1W COUNTY: PINELLAS JOB NO. 3286001 DATE: 03/18/2021 SECTION: 13 TOWNSHIP: 29S I NGE: 15E REV 04/09/2021 CIVIL ENGINEERING LAND PLANNING it) ENVIRONMENTAL SCIENCES SURVEY NG GRO'C/P 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 WARY DN: CN=JOHN t,.: WARY. 00-101410000000174F758673A000 00387;0 -AVID GROUP, C=US Date: 2021.04.0914:07:3t-04'00' JOHN L. WABY, PROFESSIONAL LAND SURVEYOR LICENSE NUMBER 02711 STATE OF FLORIDA SHEET 1 of 2 THIS IS NOT A SURVEY 0 50 100 200 MIME MIN SCALE: 1 = 100 GRAPHIC SCALE IN FEET z r O w 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) cru O 134 all N 50(]`07'25"E (F) 30.1.6' (F) S8922'08"E (F) 249.97' (F) NO2'18'55"W UTILITY EASEMENT 1 4.18' N87'41'05"E /59'271 209.74' 8741'95"W I 34.69 02'18'55"E 4.18'e� S814310Q5"W S=7'41'05"W NO2'23'29"W II 13.37' 13.9-' NORTH R/W SR 60 10.01'' N89'22'08"W (F) BASIS OF BEARINGS STATE ROAD 60 GULF TO BAY BLVD S01•04'09"W 11.58' ch 0 CO MI mr "2 T 588'55'51 "E CA 6.37' SO1'04'09"W 11.34' N89'22'O8"W (F) N88',55'51 "W 6.37 SO 1'04'09 "W 84.04' I. w 01'04109"E o 197.15' 0 s 0 02'23`9"E 0 14.20 POB 180.04' 444.24' (F) 107.70' (F) l�157.70' (F) N89'22'08"W(F) EAST LINE OF NE 1/4 50.00' (F NO0'07'50"W 0 0 rY W W CON POC' SE CORNER SE 1/4 OF THE NE 1/4 SECTION 13, TOWNSHIP 29 5, RANGE 15 E PREPARED FOR: GREENLEAF CAPITAL SHEET DESCRIPTION: UTILITY EASEMENT 1 Al NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE VDBENEFIT OF A TITLE POLICY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. G/P©UP® 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 2of .2_ 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 PUBUC 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'D7'50" 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 8972'08" WEST ALONG SAID NORTH LINE FOR 157.70 FEET; THENCE CONTINUE NORTH 8972'08" 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 UNE, 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 8916'01" WEST FOR 11.00 FEET TO THE POINT OF BEGINNING. CONTAINING 264.00 SQUARE FEET OR 0.0061 ACRES, MORE OR LESS. E=EAST '. (F) = FIELD MEASURE FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION FT = FEET L8 = 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 Rfw = 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: DRAWN: JLW CHECKED: JLW COUNTY: PINELLAS JOB NO, 3286001 DATE: 03/18/2021 SECTION: 13 TOWNSHIP: 29S RANGE: 15E A REV 04/09/2021 CIVIL ENGINEERING LAND PLANNING JD ENVIRONMENTAL SCIENCES SURVEYING GROUP® GIS 2300 CURLEW ROAD STE 201 PALM HARBOR, FLORIDA 34683 PHONE (727) 769.9500 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 SEALOF A FLORIDA LICENSED SURVEYOR AND MAPPER FLORIDA CERTIFICATE OF AUTHORIZATION No. 7345 Digitally signed by JOHN L WARY ON: CN" JOttN L WARY, OU,A01410000000174F758873A00 000387,CAVID GROUP, C=t1S Orate: 2021.04.0914:11:13-0440' JOHN L. WABY, PROFESSIONAL LAND SURVEYOR LICENSE NUMBER #4270, STATE OF FLORIDA SHEET 1 of THIS IS NOT A SURVEY 0 50 100 200 SCALE: 1" = 100' GRAPHIC SCALE IN FEET RAINBOW DRIVE 60 o0'R/w S89'22'08"E (F) 274.90' (F) ,N00'23'59"W (F) jJ 129.99 (F) f189'36'01"E 11.00' TILITY EASEMENT 2 0O23'59"E 24.00' 4.00' 58923'05"E (F) 274.37' (F) SOUTH MAIN AVENUE 22.75' EAST R/W SOUTH MAIN AVENUE S8916'01 "W OB11.001 _ —1 UTILITY EASEMENT 1 NORTH R/W SR 60 (F) BASIS OF BEARINGS STATE ROAD 60 — GULF TO BAY BLVD a) rn 0 N v w N n P 0 N 30.16' (F) 180.04' S89 22'08"E (F) 249.97' •(F) N89'22.08"W (F) 107.70' (F) .157.70' (F) w z EAST LINE OF SE 1/4 OF S BELCHER ROAD 444.24' F N89'22'08"W(F) 50.00' (F NOO 07'50"W 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 a NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE IDBENEFIT OF A TITLE POLICY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. CROUP BASISBEING N OF 89BEA'22'R44" INGS:W NORTHERN RIGHT OF WAY OF STATE ROAD 60 SEE SHEET 1 OF 2 FOR DESCRIPTION AND LEGEND, SHEET 2 OF 2 FOR SKETCH SHEET Lof .,