22-05RESOLUTION NO. 22-05
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A UTILITY EASEMENT FROM CITY SQUARE, LLC,
FOR THE CONSTRUCTION, INSTALLATION, AND
MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a utility easement from CITY SQUARE 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 Easement,
a copy of which is attached hereto and incorporated herein as Exhibit "A" to Resolution 22-05.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of,<Jam(L , 2022.
Apprpvejt as to form:
1,1424 -
Laura Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
BUSHED
Resolution No. 22-05
Exhibit "A" to
Resolution 22-05
Return to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel I. D. No. 16-29-15-32274-005-0040
GAS UTILITY EASEMENT I
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, CITY SQUARE LLC, a Illinois Limited
Liability company whose principal address is 2907 W GREGORY ST CHICAGO IL 60625-3911 ("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 conditionwhich existed prior to such
activities.
[GM15-2064-066/25806911] GM15-2064-066/257077/1
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
[GM15-2084066/258088/1] GM15-2064-066/257077/1
IN W�ITP ESS WHkREOF, the undersigned Grantor has caused these presents to be duly executed this
J S ' flay of pereopt 6,1. t , 202031
Signed, sealed, and delivered
In the presence of:
NESS signatu
/ 1 d/u►U,r4— 5rEet N - 4G
Print Witness Name
'el/4k S/Jaej
WITNESS signature
Print Witness Name
STATE OF ' (ori
CITY SQUARE LLC
By:
C./
Print Name:
Title:
• ss
COUNTY OF tM (IAS :
The foregoing instrument w�,s acknowledged befre rn bmeans of h ical presence or 0
online notarization, this /s (date) by , tiviteetil
e
(name of member, manager, officer or agent, title of m mber, manager, officer or agent), of CITY
SQUARE LLC, a Illinois li d 1'iability company, on behalf of the company, who is personally known to
me or has produced LL. as identification.
qyi
PAMELA E. VASIL
sNotary Publio-State of Florida
•� Commission # GG 981626
My Commission Expires
February 24, 2024
.,.w,.rrrn :
(GM15-2064-066/258069/1] GM15-2064-066/257077/1
ure of person taking acknowledgment
awAe6._ e_
Vj
Name typed, printed or stamped
r
r
t -(Title or rank
Serial number, if any
AFFIDAVIT OF NO LIENS
STATE OF r- O\t
COUNTY OF--
` Mti : as
f,tk -1-a. vi G� t 0IAA i. a_ S , (name of member, manager, officer or agent, title
of member, manage officer or adint), of CITY SQUARE LLC, whom, being duly authorized does depose
and say:
1. That CITY SQUARE LLC 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.
[GM15-2064-066/25806911) GM15-2064-066/257077/1
Signed, sealed, and delivered
In the presence of:
ijAP &wort - s ly Y'&tee
Print Witness Name
WITNESS signature
vi (0
Print Witness Name
STATE OF f 0 r(1
COUNTY OF
CITY SQUARE LLC
By:
Print Name:
Title:
!Cep .?/Lc L to
The foregoing instrument was acknowledged beforg me by Bans ofhysipal presence or 1:3online notarization, this ((2.-1 �- Z�(date) by i< Cttil�/ a vi i._ pt s_1 t -- ' ,
(name of member, manager, officer or agent, title of member, }nanager, offi or agent), of CITY
SQUARE LLC, a Illinois �L liab'1! ity company, on behalf of the company, who is personally known to
me or has produced (F JCS as identification.
PAMELA E. VASIL
Notary Public -State of Florida
"�. Commission # GG 961628
.::":' My Commission Expires
February 24, 2024
[GM15-2064-066/258069/1) GM15-2064-066/257077/1
gnature of pers• :kin acknowledgment
Mv34-eL L. Vi,' s
Name typed, 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]
520 Cleveland St. X
Sho search -1 results �cr 520 0I_
5' Gas Easement to be
granted to CGS
Parcel
I D# 16-29-15-32274-005-0040
[GM 15-2064-066/258069/1]
G M 15-2064-066/257077/ 1
512 Cleveland St.—Gas Easement
512 Cleveland St, Clearwater, FL 33755 Parcel ID: 16-29-15-32274-005-0040
Causeway Bridge
Co.achrnan park
ishmg pier
Freedom Boat Club -'
Clearwater Downtown
LJepar uuem r
SfClearwater Main Library m.... st
Coachman 9
Parkl
� rr�,pocirdy
Clearwater Academy
International
Sr
Jon. Ane,
Drew St
9 Life Storage - Clearwa
®I
512 Cleveland St,
Clear Sky on Cleveland Q •Clearwater, FL 33755
ee,e,>e on openraeie 47he Nolen
Caevelae,; Sil
Church of Scientology
Flag Service Organization V
Pineilas County Clerk
of the Circuit Court...
an
m
Park SI
Court st _ enam9aeens Pharmacy
Sunshine Liquor s9 Rita s ttalian Ice
---- _—
& Frozen Custard
Court St
Parcel ID:
16-29-15-32274-005-0040
Gas Easement
Granted to CGS