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CEDAR HILL APARTMENTS REALTY TRUST ZAGARIS, VARNAVAS TREReturn to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 19-27-16-89442-000-0270 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2022069036 03/0412022 11:37 AM OFF REC BK: 21960 PG: 313-320 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, 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. [GM15-2064-066/258069/1] GM 15-2064-066/257077/1 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 [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this 01 day of Dererf\OeQ , 2021. Signed, sealed, and delivered In the presence of: WITNESS signat CEDAR HILL APARTMENTS REALTY TRUST ZAGARIS, VARNAVAS TRE BY:CPCkar lfil► 40.rfirOkS ?eniKji 1n�S-r Print Witness Name Print Name: Print Witness Name STATE OF 1' LO0 dc : • ss COUNTY OFP1��tt CAS Title: The foregoing instr ment was acknowledged before me by me sof physical presence or CI online notarization, this I2. t 2,1 (date) by .YC\GVCL Q r'S , (name and title of position), who is personally known to me or has produced —L rl -Q 1 S (i C� (ti e as identification. ALYSSA Ra.,AS Notary i,blic - State of Florida Commission a HH 174610 My Comm. Expires Sec 11, 2025 [GM15-2064-066/258069/1] GM 15-2064-066/257077/1 Signature of pers•© aking acknowledgment SSG anc Name typed, prirfted or stamped Title or rank Serial number, if any LEGAL DESCRIPTION EXHIBIT A A EASEMENT LYING IN PARCEL ID: 19-27-16-89442-000-0270 PINELLAS COUNTY, FLORIDA VICINITY MAP (NOT TO SCALE) (PART "A") A 5.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCEL ID: 19-27-16-89442-000-0270, RECORDED IN OFFICIAL RECORD BOOK 14862 PAGE 874 ALSO KNOWN AS PART OF LOT 27 AND LOT 28 OF PLAT OF PROPERTY OF TAMPA & TARPON SPRINGS LAND CO., RECORDED IN PLAT BOOK H1 PAGE 116 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LYING AND SITUATE IN SECTION 19, TOWNSHIP 27 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT CENTER OF SECTION 19, TOWNSHIP 27, RANGE 16 EAST; THENCE NORTH 89°30'19" WEST ALONG THE SOUTH UNE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 19 FOR A DISTANCE OF 611.37 FEET; THENCE NORTH 00°30'19" EAST FOR A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT OF WAY LINE OF KLOSTERMAN ROAD AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP OF STATE ROAD 55 (U.S. 19) SECTION 15150-XXXX WORK PROGRAM ITEM SEGMENT 429005-1 AND THE POINT OF BEGINNING; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF SAID KLOSTERMAN ROAD NORTH 89° 30' 19" WEST, FOR 5.55 FEET; THENCE DEPARTING THE NORTH RIGHT OF WAY UNE OF SAID KLOSTERMAN ROAD NORTH 26° 12' 43" EAST, FOR 10.65 FEET; THENCE NORTH 12° 01' 17" EAST, FOR 9.62 FEET; THENCE NORTH 02° 45' 40" EAST, FOR 64.05 FEET; THENCE NORTH 08° 04' 43" EAST, FOR 19.05; THENCE NORTH 23° 05' 21" EAST, FOR 37.72 FEET; THENCE SOUTH 66° 54' 39" EAST, FOR 5.00; THENCE SOUTH 23° 05' 21" WEST, FOR 37.06 FEET; THENCE SOUTH 08° 04' 43" WEST, FOR 18.16 FEET; THENCE SOUTH 02° 45' 40" WEST, FOR 84.23 FEET; THENCE SOUTH 12° 01' 17" WEST, FOR 10.65 FEET; THENCE SOUTH 26° 12' 43" WEST, FOR 8.87 FEET TO THE POINT OF BEGINNING. SAID LANDS (PART A) CONTAIN 700 SQUARE FEET, MORE OR LESS. TOGETHER WITH (PART "B"( A 5.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCEL ID: 19-27-16-89442-000-0270, RECORDED IN OFFICIAL RECORD BOOK 14862 PAGE 874 ALSO KNOWN AS PART OF LOT 27 AND LOT 28 OF PLAT OF PROPERTY OF TAMPA & TARPON SPRINGS LAND CO., RECORDED IN PLAT BOOK H1 PAGE 116 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LYING AND SITUATE IN SECTION 19, TOWNSHIP 27 SOUTH, RANGE 18 EAST, PINELLAS COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT CENTER OF SECTION 19, TOWNSHIP 27, RANGE 16 EAST; THENCE NORTH 89°30'19" WEST ALONG THE SOUTH UNE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 19 FOR A DISTANCE OF 857.83 FEET; THENCE NORTH 00°30'19" EAST FOR A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT OF WAY LINE OF KLOSTERMAN ROAD AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP OF STATE ROAD 55 (U.S. 19) SECTION 15150-XXXX WORK PROGRAM ITEM SEGMENT 429005-1 AND THE POINT OF BEGINNING; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF SAID KLOSTERMAN ROAD NORTH 89° 30' 19" WEST, FOR 5.00 FEET; THENCE DEPARTING THE NORTH RIGHT OF WAY UNE OF SAID KLOSTERMAN ROAD NORTH 01° 06' 04" EAST, FOR 7.28 FEET; THENCE NORTH 03° 25' 34" WEST, FOR 29.19 FEET; THENCE NORTH 00° 32' 17" WEST, FOR 166.27 FEET; THENCE SOUTH 88" 46' 39" EAST, FOR 23.65 FEET; THENCE SOUTH 01° 13' 21" WEST, FOR 5.00 FEET; THENCE NORTH 88° 46' 39" WEST, FOR 18.49 FEET; THENCE SOUTH 00° 32' 17" EAST, FOR 160.99 FEET; THENCE SOUTH 03° 25' 34" EAST, FOR 29.26 FEET; THENCE SOUTH 01° 06' 04" WEST, FOR 7.42 FEET TO THE POINT OF BEGINNING. SAID LANDS (PART B) CONTAIN 1,106 SQUARE FEET, MORE OR LESS. SAID LANDS (PART A AND PART B) CONTAIN 1,806 SQUARE FEET, MORE OR LESS. 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 WTHOUT 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 14862 PAGE 874 5.2. FDOT SECTION NUMBER 15150-XXXX WPIS 429005-1 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 THE NW ONE-QUARTER OF SEC. 19, TWP. 27, RGE. 16 AS BEING ON A BEARING OF N 89°3019'W. WGI. 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. PREPARED FOR/ CERTIFIED TO: CLEARWATER GAS SYSTEM ,,�gN\\\Ngllll/ C i i'17 3 O • S'• co STATE OF NJ,, FLORIDA FOR THE WGI, INC. FIRM ,,,,o ��q ; t„� h ( .. Eric M Ogtalr:yxd by Eric NI O,"dom Date: 5azozzz osa:s9 By. Orndorff DATE: ERIC MATTHEW ORNDORFF PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 7248 DATE: OFFICE REVISION: BY. JO DATE: 01/24/2022 JOB: KLOSTERMAN RD CHECKED SB DWG 400505-CGS-KLOSTERMAN SHEET 1 OF 2 Z LEGAL DESCRIPTION EXHIBIT A A EASEMENT LYING IN PARCEL ID: 19-27-16-89442-000-0270 PINELLAS COUNTY, FLORIDA PARCEL ID: 19-27-16-89442-000-0282 OWNER: STACYS CAR WASH INC — X XFENCE NORTHERLY RIGHT OF WAY OF KLOSTERMAN ROAD LOT 28 LOT 27 PARCEL ID: 19-27-16-89442-000-0270 OWNER: CEDAR HILL APARTMENTS REALTY TRUST POINT OF BEGINNING PART "A" L12 vt\ Cg C L10 L11 £5 L6 L4— y L3 L2 f..1 Ce I -LU QCI O ILI ,Q M Y • 2 w 0 U) Lk! 0 0, Z U. n LL o 2ry0 o, O 2 z co Oo Orn U 0 In a¢ iiuw)w LL Z <0 iI- X ooh J 8 Y rr L18 L22 ^-a L20 �r—FENCE - it M -- L15 J 1 L14 n PARCEL L21 N89`30191N U) r; 0l m M cooaZ N00'30'19"E 50.00' J I D:19-27-16-89442-000-0260 OWNER: SUN COUNTRY PROPERTIES INC NORTHERLY RIGHT OF WAY OF KLOSTERMAN ROAD I PARCEL UNE TABLE LME / LENG7H DIRECTION LI 5.55' N89'30'191V L2 10.85' N26'12'43"E L3 9.62' nitro' '17'E L4 64.05' N2'45'401E L5 19.05' N8'04'43'E' L8 37.72' N23'05'211E L7 5.00' S66'54 391 L8 37.06' S23 05^21 w L9 18.16' S8'04131V L 10 84.23' S2'4540'W L11 10.85' S12'01'171' L12 8.87' S261243'W L13 5,00' N89'30'191V L14 7.28' N11)6'041- 106041 - L15 L15 29.19' N3'25'341Y L16 186.27' NO'32'171V L17 23.65' S88'4839r L18 5.00' S1'132191 L19 18.49' N88'48'39%, L20 180.99' S0'32'17$ L21 29.26' S3'25341E L22 7.42' 510604'W 0 40 80 160 SCALE: 1" = 80' (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 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. DATE: REVISION: BY: OFFICE JO DATE: 01/24/2022 JOB:KLOSTERMAN RD CHECKED SB DWG 400505-C06-KLOSTERMAN SHEET 2 OF 2 AFFIDAVIT OF NO LIENS STATE OF�-- COUNTY OF til IA L.0 :Jr ( f Vex.' (& ..(i C cicQ & - + , (name of member, manager, officer or agent, title of member, manager, officer or agent), MAR 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. [GM15-2064-066/258069/1] GM 15-2064-066/257077/1 Signed, sealed, and delivered In the presence of: -t) 0 61- y WITNESS signior Print Witness Name Px WITNES sign Print Witness Name CEDAR HILL APARTMENTS REALTY TRUST ZAGARIS, VARNAVAS TRE By:eec1ay 11 mo rS (-tot Print Name: Title: tQb 11r .S STATE OF qoyid0 : • ss COUNTY OF? n-Q,kl, : The foregoing instru entwas acknowledged before me .by means of physical presence or ❑ online notarization, this 12-1CA /Ll (date) by VastriThaV'O CO/ , (name and title of position), who is personally known to me or has produced L. D4�S iGen&( as identification. �; x A;.YSSA RO„AS •'��' ?t- rotm't uc - State of Florida Commission » HH 174610 MY Comm. =xpires Seo 11, 2025 [GM 15-2064-066/258069/1] G M15-2064-066/257077/1 n Signature of pers• -aking acknowledgment SSC CP Name typented or stamped Title or rank Serial number, if any 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 0 E Klosterman Rd. US Highway 19 N Parcel ID# 19-27-16-89442-000-0270 E KLOSTERMAN RD c 447