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22-08RESOLUTION NO. 22-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM GOOD GOAT, 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 Good Goat, 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 22-08. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17thday of March , 2022. id4k" k Hibbard Mayor Approved as to form: Laura Mahony Assistant City Attorney Attest: to -11/ u. 4--e Rosemarie Call City Clerk Resolution No. 22-08 Return to: Suzanne Kramer Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758-4748 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, GOOD GOAT, LLC, a Florida Limited Liability Company, whose mailing address is 620 Drew St, Clearwater, FL 33755-4108 ("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, Florida 33758-4748 ("Grantee"), its licensees, agents, successors and assigns a 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 Premises") The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein the herein referenced 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. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall 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 alternate 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 WHEI3E0F, the undersigned grantor has caused these presents to be duly executed this /6 day of f 8i2 ✓•4A.y , 2022. Signed, sealed and delivered in the presence of: Witness signature E Print witness name it ess signature "4E4 IW MSTe 1 NI Print witness name STATE OF FLORIDA : ss COUNTY OF Pone-Ik4S Grantor: Good Goat, L C Harold A Holderith, anaging Partner The foregoing instrument was acknowledged before me by means of I' physical presence or 0 online notarization, this 1 day of Fobcu..a r 4 2022, by M to&o //oLe$ Iterlf 14. , of GOOD GOAT, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. Notary Public - State of Florida E\ c l A --C ► r-& Type/Print Name Title AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared AMU>,4)eirtm , whom, being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit A appended hereto and by this reference made a part hereof 2. 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.) 3. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except 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.) 4. 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. 5. That there are no outstanding sewer service charges or assessments payable to any government. 6. 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 the easement herein being conveyed to encumber the above-described property. IN WITNESS WFIEREOF, the undersigned grantor has caused these presents to be duly executed this /go day of E/R ✓,e4 V , 2022. Signed, sealed and delivered Grantor: in the presence of: Good Goat, Witness signature • EV.x-41r•--P l-t)In , rC Print witness name W. s signature Juliiv4 00Ms ,tJ Print witness name STATE OF FLORIDA COUNTY OF Pi A tk.4 : ss Harold A Holderith, Managing Partner The foregoing instrument was acknowledged before me by means of l physical presence or ❑ online notarization, this Jg day of tEe for , 2022, by //i.OG D //0 1-6 ti.'N Ta , of GOOD GOAT, LLC, a Florida limited liability company, on behalf of the company, who isprs eonally known_to me or has produced as identification. ., BANE WHIMIRE f IAY COMMISSION 1 OG 2W 1 `•t,' ++v EXPIRES: June 8, 2022 ..N44.^:°�' Raided T ru Notary Futile Undendite 4 r No ary Public - State of Florida 0.44..,. r-4 LliV Type/Print Name Title SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA EXHIBIT "A" THIS IS NOT A SURVEY LEGAL DESCRIPTION: UTILITY EASEMENT A PORTION OF LAND, LYING IN THE SW 1/4 OF THE NE 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW 1/4 OF THE NORTHEAST 1/4 OF SECTION 17; THENCE RUN N 89'46'01" E, ALONG THE SOUTH LINE OF THE SW 1/4 OF THE NE 1/4, 530.00 FEET; THENCE N 00'20'15" W, 60.00 FEET TO THE NORTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD, ALSO BEING ON THE EAST LINE OF GULF TO BAY GARDENS, AS RECORDED IN PLAT BOOK 50, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE CONTINUE ALONG EAST LINE N 0020'15" W, 1037.51 FEET; THENCE N 89'39'45" E, 30.00 FEET TO THE EAST LINE OF A 30' DRAINAGE & UTILITY EASEMENT FOR THE POINT OF BEGINNING: THENCE N 00'20'15" W, ALONG SAID EAST LINE OF EASEMENT, 19.55 FEET; THENCE S 90'00'00" E, 25.93 FEET; THENCE N 00'06'10" E, 12.00 FEET; THENCE S 90'00'00" E, 10.00 FEET; THENCE S 00'06'10" W, 12.00 FEET; THENCE N 90'00'00" E, 67.45 FEET; THENCE N 00'00'00" W, 5.02 FEET; THENCE S 90'00'00" E, 4.00 FEET; THENCE S 00'00'00" E, 5.02 FEET; THENCE N 90'00'00" E, 65.54 FEET; THENCE S 53'10'54" E, 39.16 FEET; THENCE S 90'00'00" E, 7.36 FEET; THENCE S 5310'54" E, 45.26 FEET; THENCE N 00'20'15" W, 10.12 FEET; THENCE N 89'39'45" E, 10.00 FEET; THENCE S 00'20'15" E, 17.70 FEET; THENCE S 5310'54" E, 15.68 FEET TO THE EAST LINE OF SAID NORTH 300' OF THE EAST 100' OF THE WEST 830' OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF AFORESAID SECTION 17; ; THENCE S 00'20'15" E ALONG SAID EAST LINE OF SAID PARCEL, 12.55 FEET; THENCE N 5310'54" W, 76.93 FEET; THENCE N 90'00'00" W, 7.36 FEET; THENCE N 5310'54" W, 39.97 FEET; THENCE S 90'00'00" W, 159.99 FEET; THENCE S 44'49'53" W, 13.47 FEET TO THE POINT OF BEGINNING. CONTAINING 3,243± SQUARE FEET MORE OR LESS. LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING L1 30.00 N89'39'45"E L11 7.36 590'00'00"E L2 19.55 N00'20'15"W L12 45.26 S53'10'54"E L3 25.93 S90'00'00"E L13 10.12 N00'20'15"W L4 12.00 N00'06'10"E L14 10.00 N89'39'45"E L5 10.00 S90'00'00"E L15 17.70 S0020'15"E L6 12.00 S00'06'10"W L16 15.68 S5310'54"E L7 5.02 N00'00'00"W L17 12.55 S0020'15"E L8 4.00 S90'00'00"E L18 7.36 N90'00'00"W L9 5.02 S00'00'00"E L19 39.97 N5310'54"W L10 39.16 S53'10'54"E L20 13.47 S44'49'53"W 1.) THIS ISA SPECIFIC PURPOSE SKETCH. THIS IS NOT A BOUNDARY SURVEY. IT'S PRIMARY PURPOSE IS TO DOCUMENT THE LOCATION OF THE UTIUTY EASEMENT AS IT RELATES TO SUBJECT PROPERTY. 2.) THIS SKETCH COMPLIES WITH THE FLORIDA STANDARDS OF PRACTICE PURSUANT TO 5J-17 FLORIDA ADMINISTRATIVE CODE. IT IS NOT INTENDED TO MEET ANY ADDITIONAL OR NATIONAL STANDARDS. 3.) THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 4.) THIS SKETCH DOES NOT DETERMINE OR IMPLY OWNERSHIP. 5.) BASIS OF BEARING IS PER NEIGHBORING PLAT. THE BEARING REFERENCE UNE IS THE EAST BOUNDARY OF AFORE SAID PLAT BEING N 00'20'15" W. NORTH ARROW IS BASED ON THE BEARING STRUCTURE. 6.) COPYRIGHT z LAND PRECISION CORPORATION. ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS SKETCH/MAP WITHOUT AN ORIGINAL SIGNATURE WITH IMPRESSION SEAL OR AN ELECTRONIC SIGNATURE AND SEAL BY SECURE AUTHENTICATION CODE ARE NOT VALID. UPDATES/HISTORY: SHEET 1 OF 2 DRAWN BY: JREIII CHECKED BY: VEC Digi : 1 signed by Vincent E C •':A01410D000001783B497C7700005626 R- -son: I attest to the accuracy and integrity of = this document. This document is digitally signed and sealed. STATE OF 4 Date: 2022.01.03 15:06:42-05'00' oma•. FLORIDA , �dl Sus rveyaid ".•`,` LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#61 68 JOB # 19237UE SURVEYING MAPPING - PLANNING DATE : 12/22/2021 SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA EXHIBIT "A" THIS IS NOT A SURVEY GRAPHIC SCALE r 80 0 40 80 %-e11 ( IN FEET ) 1 inch = 80 ft. EAST LINE OF GULF TO BAY GARDENS GULF TO BAY GARDENS PLAT BOOK 50 PAGE 60 N J L1 J CI m_ \LLJ t` 0 __ o � z F- o' ,,Z<EL, CV W D_ �o� —ow o o oN Z Zw Mw _I w -0 I= Z~ o Q w N 90'00'00" E N L5 67.45' 8 L3� c) 90'00'OQ" E 65.54 10' 70 L13 L14 /1(5•1/4. L18\ lops_ O S 90'00'00 W 159.99' UTILITY EASEMENT POB POC SW CORNER OF THE SW 1/4 OF THE NE 1/4 OF SECTION 17-29-16 N89'46'01 "E Y 530.00"— EAST LINE OF THE NORTH 300' OF ITHE EAST 100' OF THE WEST 830' FEET I OF THE SW 1/4 OF THE NE 1/4 OF SECTION 17-29-16 w LLJ CO Q w LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING R/W RIGHT-OF-WAY BRL BEARING REFERENCE LINE N 00'20'15" W, � NORTH R/W OF 60.00' GULF TO BAY BLVD GULF TO BAY BOULEVARD SOUTH LINE OF SW 1/4 OF THE NE 74 OF SECTION 17-29-16 UPDATES/HISTORY: SHEET 2 OF 2 DRAWN BY: JREIII CHECKED BY: VEC UTILITY EASEMENT CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#6168 JOB # 19237UE SURVEYING MAPPING - PLANNING DATE : 12/1/2021