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21-27RESOLUTION NO. 21-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A SIDEWALK EASEMENT FROM GIANT OIL, INC., FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT OF A SIDEWALK AT 3009 GULF TO BAY BLVD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires a sidewalk easement from Giant Oil, Inc. for the repair, maintenance and replacement of a public sidewalk; 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 Sidewalk Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 21-27. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of act- j `l' , 2021. Approve yt as to form: Laura Mahony Senior Assistant City Attorney rank Hibbard Mayor Attest: g-2cc. � a..C2 Rosemarie Call City Clerk Resolution No. 21-27 EXHIBIT A TO RESOLUTION 21-27 Return to: Rob Brzak Engineering Department City of Clearwater- P. O. Box 4748 Clearwater, FL 33758-4748: A_ SIDEWALK EASEMENT FOR AND IN 'CONSIDERATION of th'e.surnOf-Ten Dollars: ($10.00) in hand paid, the receipt•of which is hereby acknowledged, and the benefitsto beaierived:therefrom, Giant Oil, Inc:,, Whose mailing address is 1806 N Franklin. Street, Tampa; Florida 33602 C Grantor" , does hereby grant and convey to the City of Clearwater, Florida, a Florida .Municipal Corporation, whose mailing address is P.O. Box 47.48, 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 (f"Easement Premises") This• easement' is for public. 'sidewalk repair, maintenance and replacement. The CITY OF CLEARWATER FLORIDA, shall have.the right to enter. upon the above -described -.premises. and to maintain thereon such sidewalk and to inspect and alter and/or replace same 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 existedas of thedate •Grantee;first exercised any of its rights hereunder, and oneach and every succeeding occasion` thereafter. Grantee further represents, and warrants that it shall diligently pursue the completion of all work-edit/hies in ;a ti'nely'manner. The General Public shall h'avefull and free lite ,ofsaid sidewalk -at anytime and all times for traveling purposes. Grantor warrants and covenants with Grantee that, Grantor, is theowner 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 havethe non-exclusive, limited purpose -quiet and peaceful possession, use and enjoyment of this easement. It expressly understood that Grantor; reserves all rights of ownership of the Easement Premises hot -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 Facilities constructed within -the Easement Premises„and shall at Grantor's sole cost and expense• reconstruct the Facilities, within the alternate easement. Upon completion of the: Facilities relocation. Grantee shall cause this 'easement to be vacated and evidence of vaoation duly recorded in the public records of'Pinellas County, Florida. This easement is binding Upon the Grantor, the. Grantee, their heirs, successors and assigns. , Thee rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written. rhuhiatagreement of both parties,, or by abandonment of the, Easement Premises by Grantee. IN WITNESSI-IREOF, the undersigned grantor has caused these, presents to be duly executed i this L day of Li /y ,. 2021 Signed, sealed and delivered in the presence of: 'ant Oil, Inc. or. .13aierti AU, President bless signature aandn Sank) s nnt Witness name flak A 17 1 ss signet e AtAlL nt witness name: STATE OF FLOR COUNTY OF '10411 The foregoing instrument was acknowledged before me by means ofphysical presence or 0 online notarization, this jayAi2 (date,)j by &-oc. en Ai -, who is personally known to me or who has produced (type ofidentification) as identification. WITNESS my hand and official seal this 2 day of ,2071. 4,0°046 LUISAJORGEGOERIE Signatu Conimmilon#11}1090327 /frik— k6/116 'Expires FebruarY0028 ()Fn.° am:4Iva Most Mary spritAs Type/Print Name /344 pe o Acknowledgement Title. / STATE OF FLORIDA COUNTY. OF MIS -60010 AFFIDAVIT OF NO LIENS ss BEFQ.Ct E ME, the undersigned authority, personally appeared G J / 1 /( , as • f.eS7? ,',-v r— of Giant Oil, Inc.; 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 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, encept: (list, or if none, insert "NONE". Ifno entry, it will be deemed that "NONE has been entered.) 3. That there are no liens or encumbrance's of'.any nature affecting the title of the property herein described;. except easements and restrictions of record,. any encroachments,• overlaps orother rights of tnird 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 tearing '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 areno 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. ,) N IN 'WITNESS HgREOF, the undersigned grantor has caused these presents. to' be -duly executed this /- day of it y ,INI. Signed, Sealed:and delivered in the presence of: Giant Oil, Inc. Brawn Ali, President Witness signature eag Ot Olh/ Sarik Print witness name. Print Witness name STATE OF FLORIDA] COUNTY OF PINELLAS] The foregoing instrument Wasacknowledged before me by means of)!Lphysical presence or CI online notarization, this. 14 iv 4 7021 (date) by 4.-/ , 'who is . . . . pet -tonally' .know to Me or who has produced (type of identification) as identification. WITNESS illy. hand and official seal this 4- day:Of .e.aN WISAJORGEOCETHE coMmIssiontiHH090327 Expires February II, 2025 aderlerflIneetetriciarisareue , 202.1. --r ,• Signa - of ierson t- g acknowledgement iu(fif etPerl-k<e-- Type/Print Name zr 44/r c_ c. tr8'45*OTIOD 75.979D3 POINT OF COMMENCEMENT \ 6 FT ACCESS EASEMENTNoR THWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION. 16, TOWNSHP 29 SOUTH, RANGE 16 EAST • CENIERFE ..../61.3-F TO BAY (/) CENT Cr AWE.' AvERE N5C53136E 35.82' GULF TO BAY BOULEVARD siTEEr PER PLAT — srme Awo =nom 1504E030 SPEED LHT45 ICH RENT.OF WAY %WW1/ARES POINT OF BEOINNING 6 FT ACCESS EASEMENT 4.4t1. 4 - EASt BOO -rRAva_ LANES. „cb tar45/07-E • Azar SURVEYORS NOTES; 5/6 LB 07E52 REAIIRWS ARE BASED ow AN • csrieuttmi. MISWISAN. A BEARING OF N.89•45071 AS SHOWN IN OFFICW. RECORDS BOOK. 10384, PACE 1632-1834 PINELLAS COUNTY RECORDS MID ARE REFERENCED 10 1HE STATE PLANE COONERNATE SYSTEM, taD es-zoi I AOJL1STLIENT FOR THE WEST ZONE OF FLORIO& •N2tV77, N21 47'37"10( .6.1 LEGEND OFSYMBOLS:AND.ABBREVIATIONS SHOWN HEREON: o Survay Marker 'as intrawt' FR Wg LB gotgo- rand tat Rod' p3 Ana)* tag FE' 1/2%---- Fouid'ion IFDOT) 31211ker FOOT w.yo tog Fouad Von ADS FA's 13' olcninni 1.3 arvoysir tog USIty p nqa211111* ix. Prow, pole ucht FrAn •14/•.Water Valve ;4' .FIra Hydrant Wm Water Hater 0 Wats! SLPFtY BarAdtow F.t•Yr*ir ID) Illminnen per D..d CoN*Ti .FEAttilE. AS CESCRSED FOOT FLORDA OEM -RENT OF TRANSPORTATION PSI PROFESSONN. 51.1WEYOR. A1.13 MAPPER OCINSTR coNsTRucT0N ACIMTES FE.5nr EASEMENT SKETCH 6 FT ACCESS EASEMENT 'SECTION TOWNSEXp RANGE- coulTry, STATE 16 .295 16E. piNIELLAS couNTY..FunioA sunVirrort's cxcirtxr•xcAVE I HEREBY CERTIFy THAT WS SURVEY WAS MADE IN COMPUANCE WITH NE.STANDARDS OF PRACTICE FOR LAND SURVEYS IN FLORIDA AS SET FORTH. IN CHAPTER 5J-17, FLORIDA ADMINISTRAVE CODE, PURSUANT TO FLORIDA STATUTE CHAPTER 472.027. ts/D)/2021. EASEMENT EXHIBIT ,FOR GIANT OIL PROJECT BAY VIEW CITY suBONISION BLOCK 8. LOT. A 3009 GULP TO BAY CLEARWATER, FLORIDA 3.4619 2021 VAN sump& ./ FISH a ASSOCIATES. 1t1C. TIT6L: DATE: 66/61/262t •616C0.: DATE: 'Tama 66/16/21 &trie/21 SHEET SWAM #1 0F2 ROBERT J. BREEDiove — PROFESSION./ SURvEYOR & WAFFIR./7040. DAlraF SKETCH NOT VALID yaniourk 9444TuRtmio ORatiAL RAISED •ssAL oF..A FLORIDA 'LICENSED SURVEYOR AND- MAPPER OR ITS ELECTRONIC:EQUIVALENT VANT ) N:FISU •V \'' Surveying &Mapping. Inc. I 425 ROBERTS ROAD OLDSMAR, FLORIDA 34877 040 426-0881 EASEMENT DESCRIPTION 6 FT PUBLIC ACCESS EASEMENT ON NEW 5 FT CONCRETE SIDEWALK. DESCRIPTION: A PORTION OF PARCEL A OF ORIGINAL. RECORDS BOOK 1.0384, PAGES 1632-1935, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING AND BEING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1\4 SECTION .16, TOWNSHIP 29. SOUTH, RANGE 16 EAST; RUN THENCE ALONG THE. CENTERLINE OF GULF TO BAY BOULEVARD,. N89°45'07"E; 75.97' TO THE CENTERLINE EXTENSION OF BAYVIEW AVENUE, THENCE SOUTHERLY ALONG THE EXTENDED CENTERLINE OF BAYVIEW AVENUE, S21 "05'29"E, 53.50' TO A POINT LOCATED ON THE SOUTHERLY RIGHT OF WAY OF GULF TO BAY BOULEVARD (STATE ROAD 00), THENCE N89°45'07"E, 62:31" TO A FOOT CAPPED IRON PIN, THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY OF GULF TO BAY BOULEVARD, N89"45'O7"E, 1.60' TO THE POINT OF BEGINNING OF THE 6 FT ACCESS EASEMENT; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY, N.89°45'07"E, 10.50' TO A POINT; THENCE. LEAVING SAID 'RIGHT OF WAY, .S54°53'36"W, 45.90' 'TO A POINT LOCATED ON THE EASTERLY RIGHT OF WAY OF BAYVIEW AVENUE;. THENCE N21 °17 37"W, 6.18' TO A POINT;, THENCE N54°53'36"E,35.82'' TO THE SOUTHERLY RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD LOCATED AT THE POINT OF BEGINNING. SAID _EASEMENT BEING CENTERED ON A NEW .5 FT CONCRETE. SIDEWALK AND .CONTAINING 245 SQUARE' FEET, OR 0:0056 ACRES MORE OR LESS. SECTION TOWNSHIP RANGE couNTY. STATS 16 29S 16E PANp L& COUN Y, FLORIDA SURVEYOR'S. NOTES: BEARINGS -ARE BASED ON AN ESTABLISHED MERIDIAN. A BEARING"OF N 8.9'45'Q7`E.AS SHOWN IN OFFICIAL RECORDS BOOK. iO384,. PAGE 1632-1635. PINELLAS COUNTY•RECORDS AND ARE REFERENCED To THE. STATE. PLANE COORDINATE SYSTEM. NAD :83-20.1.1 :A IUST)4ENT FOR THE WEST' ZONE- OF FLORIDA. EASEMENT EXHIBIT FOR GIANT OIL PROJECT BAY VIEW- CITY SUBDIVI5ION BLOCK B. LOT A 3009 GULF TO BAY CLEARWATER. FLORIDA 34619 © 2021 VIA BI1.SKIRK i FISH c A5SQC& 1SS, Ric. DIVE DB/aI/zOzl DATE REVISED.: a/2/2o21 SHEET RUBBER:. #2 OF2 CiRCD.: VAN Bi7SKIRKK .& FRS>i Surveying .& Mapping.Inc.\_/I • 425. ROBERTS ROAD • OLD5MAR, FLORIDA 34477 (941) 42570861