22-04RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM CEDAR HILL
APARTMENTS, FOR THE CONSTRUCTION, INSTALLATION,
AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a utility easement from CEDAR HILL
APARTMENTS, 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 Easement,
a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 22-04.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this Dday oNia-'MU-a/Y , 2022.
Approvgd as to form:
Laura Mahony
Assistant City Attorney
Frank V. Hibbard74;etvolv.w
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution No. 22-04
Exhibit "A" to
Resolution 22-04
Return to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel 1. D. No. 19-27-16-89442-000-0270
GAS UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, CEDAR HILL APARTMENTS REALTY
TRUST ZAGARIS, VARNAVAS TRE, a New Hampshire Resident/Company/Association whose principal
address is 96 PLEASANT ST., CLAREMONT, NH 03743-2608 ("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, FL 33758-4748 ("Grantee"), a non-exclusive, gas utility easement over, under and
across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit:
This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater
Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter
upon the above-described premises to construct, reconstruct, install, and maintain therein the herein
referenced natural gas transmission pipes, 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. Grantor and Grantee, for themselves, their heirs, successors, and assigns, agree as
follows:
1. Grantor hereby grants to Grantee, its successors and assigns a non-exclusive five (5) feet
easement (herein referred to as the "Easement Area"), in perpetuity on, over, under, across and
through the Servient Property described in Exhibit "A", attached hereto, for the purpose of
constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant
equipment for the provision of natural gas as the same may be installed from time to time; with the
right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of
them within the Easement Area. In the event the Easement Area crosses any roadway, sidewalk or
other impervious area, Grantor will require Grantee to perform installations and repairs without
removing said surface improvement. This may require a directional bore or other contractor suggested
and owner approved method.
2. The legal description on the accompanying Exhibit "A" attached hereto and incorporated herein
by this reference, will be replaced with a Descriptive Easement, two and a half (2.5) feet on either side
of all facilities installed/as-built by GRANTEE, as will be shown on a certified surveyed sketch and
legal description to be provided by GRANTEE within sixty (60) days after the installation of facilities
by GRANTEE. The easement will then be recorded in the public record with the Descriptive Easement
attached as Exhibit "A".
3. Grantee by acceptance hereof, agrees to construct, repair, and maintain, at its sole cost and
expense, the Facilities which shall comply with all applicable rules and regulations. In the event
Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any
Facilities, Grantee shall thereafter restore any improvements, including landscaping and related
irrigation, disturbed thereby to as near as practicable the condition which existed prior to such
activities.
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4. The Grantor shall have and retains the right to construct improvements on, maintain and utilize
the Easement Area (including, but not limited to, the construction of driveways, parking areas,
landscaping, and related improvements) provided such construction does not unreasonably impair
Grantee's access to the Easement Area or Grantee's ability to repair, replace and service the Facilities
within the Easement Area.
5. Nothing herein shall create or be construed to create any rights in or for the benefit of the
general public in or to the Easement Area.
6. This Easement shall not be changed, altered, or amended except as to the Descriptive
Easement as contemplated in section 2, above, or by an instrument in writing executed by Grantor
and Grantee or their respective successors and assigns; provided, however, that in the event Grantee
shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter,
release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this
Easement.
7. This Easement and all conditions and covenants set forth herein are intended to be and shall
be construed as covenants running with the land, binding upon, and inuring to the benefit of Grantor
or Grantee, as the case may be, and their respective successors and assigns.
8. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the
herein described Servient Parcel, 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.
The Remainder of this Page intentionally Left Blank
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IN WITNESS W EREOF, the undersigned Grantor has caused these presents to be duly executed this
01 day of Dec ,mI�Q , 2021.
Signed, sealed, and delivered
In the presence of:
WITNESS signat
Print Witness Name
WITNESS sign
Print Wit ess Name
STATE OF ALO(\ IAA:
•
COUNTY OFP1i1Q.0 CSS ss
CEDAR HILL APARTMENTS REALTY
TRUST ZAGARIS, VARNAVAS TRE
By:C ar fit}rrr\ks pec
Print Name: d1 U K at_
Title:
The foregoing i ns me t was acknowledged before me by me sof physical presence or 0
online notarization, this IL et 2,1(date) by �h Y�C��I"%C Q r\S , (name
and title of position), who is personally known to me or has produced V.--Lr"tJ.-Q,.\ S I tC--L 1.S -Cas
identification.
•-tom �....
?:��= ALYSSA RO,AS
• •<, • Notaryootic z -
04- Commission
State of Florida
.�� es' Commission HH 174610
My Comm. Expires Seo 11. 2025
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Signature of pe s - king' acknowledgment
L SSc20\&
Name typed, pri ted or stamped
Title or rank
Serial number, if any
AFFIDAVIT OF NO LIENS
STATE OF TLVI(`I e ---
COUNTY OF 121 :f
cicQ cv- , (name of member, manager, officer or agent, title
of member, manager, officer or agent), EtAR HILL APARTMENTS REALTY TRUST ZAGARIS,
VARNAVAS TRE, whom, being duly authorized does depose and say:
1. That CEDAR HILL APARTMENTS REALTY TRUST ZAGARIS, VARNAVAS TRE is the owner of
legal and equitable title to the following described property in Pinellas County, Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended hereto and by
this reference made a part hereof
2. That said property is now in the possession of the record owner.
3. 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, except: (list, or if none, insert "NONE". If no
entry, it will be deemed that "NONE" has been entered.)
4. That there are no liens or encumbrances of any nature affecting the title of the property herein
described, except leasehold tenancies, 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.)
5. 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.
6. That there are no outstanding sewer service charges or assessments payable to any government.
7. 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 a gas utility
easement to encumber the above-described property.
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Signed, sealed, and delivered
In the presence of:
WITN�SS sign.,�
Print Witness Name
et c,1L014br`
WITNES sign
Print Witness Name
CEDAR HILL APARTMENTS REALTY TRUST
ZAGARIS, VARNAVAS TRE
By:Q(CtOY ¥\z \ AVX4M,
CS
Print Name: � - h v - S �� t•
Title:
STATE OF \ Vn dill :
COUNTY OFVk (1k11OS: ss
The foregoing instru nt.was acknowledged before me b means of physical presence or ❑
online notarization, this 12.1CA X21 (date) by is 4 • •, (name
and title of position), who is personally known to me or has produced L. Ice - as
identification.
:,452.;I : ALYSSA RO-AS
�.'iota.:
j Naar), 3 i0iiC • State of Florida
``'.� a mission
Com '1M 174610
MY Comm. Expires Seo 11, 2025
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Signature of pers. T - king ac nowledgment
SSQQ 12o\
Name type , printed or stamped
Title or rank
Serial number, if any
Exhibit "A"
[INSERT SKETCH AND LEGAL DESCRIPTION]
[TO BE REPLACED WITH AS -BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE RECORDING]
INN KWSTERMAN 1=;C
y811OPE
1 MOPE w
51 HOPE
4,i
Tip•
dr
Proposed 5' Easement
granted to CGS
1 HOPE
Proposed 5' Easement
granted to CGS
NON E KLOSTERMAN RE
A,724 LIS HIGH VAY IN N
11/10101111••••• Arr IMT WIN
Proposed 5' Easement
granted to CGS
2 MOPE
=8.j00IJS HIGHWAY
Parcel ID# 19-27-16-89442-000-0270
5
12 FARE CASING
L
851 E. Klosterman Rd.— Gas Easement
851 E. Klosterman Rd. Tarpon Springs, FL 34689 - Parcel ID# 19-27-16-89442-000-0270
851 E Klosterman Rd
E Klosterman Rd.
Parcel ID# 19-27-16-89442-000-0270
E KLOSTERMAN RD
Gas Easement
Granted to CGS
1
Gas Easement
Granted to CGS
E KLOSTERMAN RD