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CITY SQUARE LLCReturn to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 16-29-15-32274-005-0040 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2022069035 03104/202211:37 AM OFF REC BK: 21960 PG: 305-312 DocType:EASEMENT RECORDING: $69.50 D DOC STAMP: $0.70 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, 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 govemmental 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. [GM15-2064-066/258069/1] 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 [GM15-2064-066/258069/1] G M 15-2064-066/257077/1 IN WITyESS WH€REOF, the undersigned Grantor has caused these presents to be duly executed this S ay of j-tCef24 44.4 , 202vZ Signed, sealed, and delivered In the presence of: NESS signature Print Witness Name -7/Ya-e-j WITNESS signature 04402(rk E rigs, Print Witness Name CITY SQUARE LLC Bv• Print Name: Title: STATE OF CA l : ss COUNTY OF—Pt /Lp_ TIS The foregoing instrument was acknowledged bef reArie by means ofih sical presence or ❑ online notarization, this /5-71" (date) by JUiteQc t del Ci (name of member, manager, officer or agent, title of m tuber, manager, officer or agent), of CITY SQUARE LLC, a Illinois li ed lability company, on behalf of the company, who is personally known to me or has produced J2�-- as identification. „,r'F� PAMELA E. VASIL � Vs, Notary Public -State of Florida Commission # GG 961628 My Commission Expires February 24. 2024 [GM15-2064-066/258069/1] GM15-2064-066/257077/1 ture of person taking acknowledgment Q �1 AS► Name typed, printed or stamped NG \a” LI Title or rank Serial number, f any LEGAL DESCRIPTION EXHIBIT A A EASEMENT LYING IN PARCEL ID: 16-29-15-32374-005-0040 PINELLAS COUNTY, FLORIDA r r! PROJECT LOCATION .i �• ,�A, I. r 13 dry'. • `fit VICINITY MAP (NOT TO SCALE) S;1 A 5.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCEL ID: 16-29-15-32274-005-0040, RECORDED IN OFFICIAL RECORD BOOK 15541 PAGE 2028 ALSO KNOWN AS THE NORTH 5.0 FEET OF LOT 4 BLOCK 5, OF GOULD AND EWING'S ADDITION TO CLEARWATER HARBOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK H1 PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LYING AND SITUATE IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 4 BLOCK 5; ; THENCE SOUTH 8E 45' 33" EAST ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 208.00 FEET TO EAST LINE OF SAID LOT 4; THENCE SOUTH 00° 06' 38' WEST ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 5.00 FEET; THENCE NORTH 8E 45' 33" WEST, A DISTANCE OF 208.00 FEET TO THE WEST LINE OF SAID LOT 4; THENCE NORTH 00°06'33" EAST, A DISTANCE OF 5.00 FEET TO THE NORTH LINE OF SAID LOT 4 AND THE POINT OF BEGINNING. SAID LANDS CONTAIN 1,040 SQUARE FEET, MORE OR LESS. ABBREVIATIONS: FND. = FOUND PKN&D = PARKER KALON NAIL & DISK MN&D = MAGNETIC NAIL & DISK LB = LICENSED (SURVEY) BUSINESS PLS = PROFESSIONAL LAND SURVEYOR (P) = PLAT (M) = MEASURED (C) = CALCULATED SURVEYORS NOTES: 1. THIS SKETCH WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J-17.050 THROUGH 5J-17.053, OF THE FLORIDA ADMINISTRATIVE CODE. 2. ADDITIONS OR DELETIONS TO SKETCH BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. COPYRIGHT © 2021 BY WGI, INC. 4. THIS SKETCH DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE COMMITMENT, OPINION, OR ABSTRACT. DURING THE COURSE OF THE LEGAL DESCRIPTION AND SKETCH SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL. 5. THE FOLLOWING DOCUMENTS WERE UTILIZED IN THE PREPARATION OF THIS SKETCH: 5.1. OFFICIAL RECORD BOOK 15541 PAGE 2028 5.2. PLAT BOOK Ht PAGE 52 6. THIS SKETCH DELINEATES THE LOCATIONS OF THE LEGAL DESCRIPTIONS ON THE GROUND, BUT DOES NOT DETERMINE OWNERSHIP OR PROPERTY RIGHTS. 7. ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM THE PINELLAS COUNTY PROPERTY APPRAISERS OFFICE. 8. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF BLOCK 5, AS BEING ON A BEARING OF N 89°53'27'W. 3111 W. Dr. Marlin Luther King Jr. Blvd, Suite 375 Phone No. 866.909.2220 www.wginc.com Cell No. 6091 - LB No. 7055 LEGAL DESCRIPTION AND SKETCH OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FOR THE FIRM WGI, INC. BY: PREPARED FOR/ CERTIFIED TO: CLEARWATER GAS SYSTEM �N'B„BVAp•. 41'4 :OZ? NO. 4982 `; STATE OF Raaro?,:• AED •UND0," Digitally si h8llby Steven B Steven B Burton Bu'ton Date: 2022.07,&8:49:S1 -05'00' STEVEN B. BURTON, PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 4982 DATE: OFFICE CHECKED REVISION: BY: JO DATE: 02/03/2022 SB DWG 400505 -CGS -CLEVELAND JOB: CLEVELAND ST SHEET 1 OF 2 Z NE CORNER LOT 5 BLK 5 FND PKN&D LB 2129 S00°0618°W 5.00' LEGAL DESCRIPTION EXHIBIT A A EASEMENT LYING IN PARCEL ID: 16-29-15-32374-005-0040 PINELLAS COUNTY, FLORIDA N. GARDEN AVENUE (A VARIABLE RIGHT OF WAY) S00°14'27°W 100.00'(P) 100.95 LOT 5 BLOCK 5 PARCEL ID: 16-29-15-32274-005-0050 OWNER: CLEVELAND 534 LAND TRUST S00°06'33' W 100.00'(P) 101.02' (C) LU Z LYv� 0 US w- 0 Z LLO z x 5.O' 4 h= cy,T TJ W 8 x ZO N O m WN1 o WOm x z00 03 U. Da �W� zZ 0 x LLL N00°06'33'E 350.00'(P) 352.46' (M) N00°06'33°E 5.00' 1 O J \ P3W� W N Z = 0. 0 m N00°06'33'E 100.00'(P) 101.02' (C) WATTERSON AVENUE (55' RIGHT OF WAY) LEGEND: PROPERTY LINE FENCE LINE GAS LINE FOUND MONUMENT BUILDING Q W LL O m= Cl 5� J UT§ ///////. 0 15 30 60 SCALE: 1" = 30' (NOT A SURVEY—DESCRIPTION AND SKETCH ONLY) 3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375 Phone No. 866.909.2220 www.wgInc.com Cert No. 6091 - LB No. 7055 LEGAL DESCRIPTION AND SKETCH OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DATE: REVISION: BY: OFFICE JO DATE: 02/03/2022 JOB: CLEVELAND ST CHECKED SB DWG 400505 -CGS -CLEVELAND SHEET 2 OF 2 AFFIDAVIT OF NO LIENS STATE OF Roft CJS&: COUNTY OF't ' IIACSS ss ttII G�`CU11 ( laVI C.( Dim` t ct .S (name of member, manager, officer or agent, title of member, managek officer orant), 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 govemment, and there are no unpaid assessments against the above- described property for improvements thereto by any govemment, whether or not said assessments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any govemment. 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. [GM15-2064-066/258069/1] GM15-2064-066/257077/1 Signed, sealed, and delivered In the presence of: �VITNE SS signatu e eti1(1/1–Sri,� 4S€ Print Witness Name WITNESS signature 01446 Print Witness Name STATE OF H 06 cLi&4.. COUNTY OF • ss CITY SQUARE LLC By: Print Name: Title: bLc The foregoing instrument was acknowledged befor me byeans of F ysipal presence or CIonline notarization, this (Z.– Ir- Z+ (date) by i< t Va pi ffia-qD� 0....._s" (name of member, manager, officer or agent, title of member, anager, oc or agent), of CITY SQUARE LLC, a Illinois I?ited Ii*Dility company, on behalf of the company, who is personally known to me or has produced A— JL- as identification. PAMELA E. VASIL ,'•_ Notary Public -State of Florida • Commission # GG 961628 ::`•' nay Commission Expires February 24, 2024 [GM 1 5-2 064-06 6/25 806 911 ] GM 15-2064-066/257077/ 1 /_; Signature of perso' aking acknowledgment f-aat-e(a £_ VA,'s Name typed, printed or stamped lv Title or rank Serial number, if any 512 Cleveland St.—Gas Easement 512 Cleveland St, Clearwater, FL 33755 Parcel ID: 16-29-15-32274-005-0040 Coachman park Cal fishing pier Causeway Bridgeiq r i. A 4 Jones St n Clearwater Main Library Drew s<' Drew Sr ( 9 Drew St Coachrnan Park- riemporaely - Life Storage - Clearwa' closed Hendricks St Ni o S Laura s 572 Cleveland St, 9 La`s St it Clear Sky on Cleveland® +'Clearwater, FL 337551 Reserve on OpenTaale 9The Nolen Cleveland St f $ I o Park St Y pi 1 Park St �tli---\ Park St it C m Pierce St of . m 1 I Franklin St uepu„nrein .I a ClearwaterAcademya JOn,tSt International Joneaaner Freedom Boat Club - Clearwater Downtown Church of Scientology ebb Flag Service Organization Pinellas County Clerk Of the Circuit Court... Franklin St The Oaks of Clearwater \ coat) CWiiTSt� fWAl6reens Pharmacy. �tP.harmaty._. Sunshine Liquors•0 Rita's Italian Ice® [ & Frozen Custard CourtSt_ Rogers St ' Chase Bank MIL =IF r rn Parcel ID: 16-29-15-32274-005-0040 Gas Easement ranted to CGS