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SPECTRUM SUNSHINE STATE LLCReturn to: Jim Benwell Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2021415234 12/23/2021 09:57 AM OFF REC BK: 21863 PG: 450-452 DocType:EASEMENT RECORDING: $27.00 D DOC STAMP: $0.70 1 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, CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Grantor"), does hereby grant and convey to SPECTRUM SUNSHINE STATE LLC, whose mailing address is 12405 Powerscourt Drive, St. Louis, MO 63131 ("Grantee"), its successors and assigns, non-exclusive easement over, under, across and through the following described land Tying 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 Prem ises") Grantee 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. Grantee covenants and agrees with Grantor that it shall maintain the Facilities installed hereunder and 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 altemate 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 WHEREOF, the undersigned grantor has caused these presents to be duly executed this I71 -h day of Lie Liv, lj.e / , 2021. Countersigned: 740,411' Frank Hibbard Mayor Approved as to form: Laura Mahony Senior Assistant City Attorney STATE OF FLORIDA COUNTY OF R nQ\\o0.S : ss CITY OF CLEARWATER, FLORIDA By: Attest: dC' Zftbe. Jon P. Jennings City Manager Rosemarie Call City Clerk The foregoing instrument was acknowledged before me by means of 'physical presence or ❑ online notarization, this 1 \'1.1 (date) by Z'01\ • '. -.21rNry oer, , of the City of Clearwater, Florida, a Florida a Florida Municipal Corporation, on behalf of the company, who is personally known to me or has produced as identification. Notary Public - State of Flor Type/Print Name 1"A Srtnff Burrows ��' •, '�"= COMMISSION # GG261179 = 1, 2022 EXPIRES: October in ``��Bonded i m Aaron Notary My commission expires: 10' 0‘ cid 1 L__ Vacated 30' ROW (Ordinance 9517-21 Lot 12 STATE ST. u• RMI n 1 r -r - - I Lot 1 Lot 2 Lot 3 I Lot 4 I 1 1 1 1 --1 bL W . 1 m 1 Lot 13 i Lange's Replat of Brown's Subdivision Plat Book 24, Page 74 Lot 12 Lot14 _ _ Lot 5 C Lot I1 This is not a survey E.A. Marshall Subdivision Plat Book 3, Page 44 Lot 11 Clearwater Village Phase One -A Plat Book 135, Page 6 30' Lot 18 Vacated 40' ROW (Ordinance 7370-05) 40' Drainage & Utility Easement Retained (0.R. BK. 14084 PG. 1698) l 1 Lot 10 1 1 I 1 1 Lot 9 Lot 9 I Lot 8 Lot 7 Lot 6 E.A. Marshall Subdivision Plat Book 3, Page 44 Lot 18 -----��----------- SUNSET POINT RD. RAY VARIES Legal Description A 30' Utility Easement described as follows: Lot 19 ------ N.T.S. All portions of vacated Right -of -Way of State Street per City of Clearwater Ordinance No. 9517-21, abutting Lot 11 and Lot 18 of E.A. Marshall Subdivision, as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, FL. J CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY Jim Benwell CHECKED BY Tom Mahony Exhibit "A" 30' Utility Easement MR NO. Lg1_2021-10 SECT-TWNSP-RNG DATE DRAWN SHEET 1 OF 1 3 - 29S - 15E 11/16/2021