IMPERIAL PALMS APARTMENTS LIMITED PARTNERSHIPRetum to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel I. D. No. 35-29-15-00000-110-0100
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2022301081 10/13/2022 03:34 PM
OFF REC BK: 22230 PG: 1345-1356
DocType:AGM RECORDING: $103.50
GAS UTILITY EASEMENT
AGREEMENT
THIS GAS UTILITY EASMENT AGREEMENT is made effective as of 121 L9) / , 2022
("Effective Date"), by and between IMPERIAL PALMS APARTMENTS LI TED PARTNERSHIP, a
Minnesota limited partnership whose principal office address is 1107 HAZELTINE BLVD., STE 200,
CHASKA, MN 55318-1070 ("Grantor") and the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, whose mailing address is P.O. Box 4748 Clearwater, FL 33758-4748
("Grantee").
WHEREAS, Grantor is the owner of certain real property situated in the County of Pinellas, State
of Florida, legally described on Exhibit A attached hereto and made a part hereof ("Property").
WHEREAS, Grantee has determined that it is necessary to construct, reconstruct, install,
operate and maintain on a portion of the Property underground conduit and pipes, together with
appurtenances thereto, for the sole purpose of natural gas transmission to the Property (collectively,
"Facilities"), to inspect and alter such Facilities from time to time, and be solely responsible for
obtaining all governmental and regulatory permits required to exercise the rights granted herein,
without cost or expense to Grantor for any of the foregoing, to the mutual benefit of the parties.
WHEREAS, in connection with the construction of the Facilities, Grantee desires to receive from
Grantor, and Grantor desires to grant to Grantee, a non-exclusive 5 -foot easement solely for the
installation, maintenance and repair of the Facilities upon, over, under and across that portion of the
Property described and depicted on Exhibit B attached hereto and made a part hereof ("Easement").
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency whereof being acknowledged, Grantor and Grantee
hereby covenant and agree as follows:
1. The foregoing recitals are hereby incorporated herein and made a part hereof.
2. Grantor hereby grants to Grantee, its successors and assigns, the Easement.
3. All work by Grantee related to the Facilities shall be performed in a good and
workmanlike manner and in accordance with the plans and specifications for the project on file with
Grantee and approved by Grantor, which approval will not be unreasonably withheld, conditioned or
delayed. Any restoration of the Property needed as a consequence of the construction of the Facilities
shall mean restoration to a condition that is the same or better than the condition that existed prior to
the commencement of the construction of the Facilities, including, without limitation, repair, restoration
and/or replacement of any and all fences, landscaping material, signage, cement or asphalt, and shall
be done at the Grantee's sole cost and expense. No equipment or supplies used in the construction
of the Facilities shall be stored on the Property. Grantee will protect and preserve Grantor's trees,
landscaping, and signage, if any, adjoining the Easement as part of the requirements for construction,
maintenance and repair of the Facilities and nothing contained herein shall prohibit or restrict Grantor
from utilizing the surface area of the Easement for pavement, driveway, parking, landscape and other
uses appurtenant to Grantor's ongoing business activities on the Property.
[A04-02064 /284370/1]
4. Grantee, to the extent of the limits of Florida Statute 768.28, will indemnify and hold
the Grantor, its members, partners, managers, directors, officers, employees, agents, and affiliates
harmless from and against any and all claims, actions, causes of action, loss, damages, injury, liability,
cost, or expense, including without limitation attorneys' fees, arising out of the negligence of Grantee
in the construction and installation of the Facilities or Grantee's use of the Easement or from the
exercise by Grantee of any rights granted by this Agreement. Nothing contained herein, however,
shall be construed to waive or modify the provisions of Florida Statute 768.28 (2021), or the doctrine
of sovereign immunity as to any party hereto. Further, nothing contained herein shall be construed as
consent by Grantee to be sued by third parties in any manner arising from this grant of easement or
as a waiver of sovereign immunity.
5. Grantor agrees to indemnify and hold Grantee, its employees, elected officials, agents,
or vendors harmless for, from and against any and all losses, claims, or damages incurred by Grantee
arising directly from Grantor's negligence in the occupation, use and operation of the Easement area.
6. Prior to entering upon the Property to construct the Facilities, and as may be requested
by Grantor subsequently, Grantee shall provide Grantor with proof of Grantee's self-insurance
coverages and limits, as the same may be amended from time to time, and proof of Grantee's agents
and contractors' insurance coverages and limits as required by any corresponding agreement(s)
Grantee has with said agent or contractor.
7. 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 or any part of the Property.
8. Neither this Agreement nor any provision hereof may be changed, altered, waived,
discharged, terrninated or amended except as 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, then Grantee shall, within a reasonable time thereafter, release
and convey to Grantor or its successors and assigns all rights hereby granted to Grantee pursuant to
this Agreement.
9. The 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.
10. Grantor warrants and represents that it is the owner of fee simple title of the Property,
and that Grantor has full right and lawful authority to grant and convey the Easement to Grantee, and
that Grantee shall have the non-exclusive, limited purpose, quiet and peaceful possession, use and
enjoyment of the Easement as provided herein. It is expressly understood that Grantor shall at all times
maintain all rights of ownership in the Property.
11. Grantee shall permit no mechanics', materialmens' or other liens to be filed against the
Property for work or materials furnished to or at the request of Grantee (directly or indirectly) in
connection with the Facilities and the Easement, and Grantee agrees to indemnify and hold Grantor
harmless from the same.
12. I n connection with any litigation arising under this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees and other legal costs, including, but not limited to, reasonable
attorneys' fees and costs incurred in any appellate or bankruptcy proceeding.
13. This Agreement embodies and constitutes the entire understanding between the
parties with respect to the matters set forth in this Agreement.
[A04-02064 /28437011]
14. This Agreement may be executed in two or more separate counterparts, each of which
shall be deemed an original, and all of which, when taken together, shall constitute one and the same
instrument.
[A04-02064 /284370/1]
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be effective as of the
Effective Date.
Signed, sealed, and delivered
In the presence of:
2extdLilli 6. -not -12
WITNESS signature
13aasie iK. ,Irf2d{
Print Witness Name
c5
WITNES ignal:ure
rkIr /sonnve,i de pAcol
Print Wi ess Name
STATE OF MINNESOTA :
: ss
IMPERIAL PALMS APARTMENTS
LIMITED PARTNERSHIP, a
Minnesota limited partnership
By: JBGE/Imperial Palms Apartments, Inc.
Its: General Partner
By:
Print Name: Randall Benson
Title: Treasurer
COUNTY OF CARVER
The forgoing Gas Utility Easement Agreement was acknowledged before me this
day of Maiell , 2022, by Randall Benson, the Treasurer of JBGE/Imperial Palms
Apartments, Inc., the general partner of Imperial Palms Apartments Limited Partnership, a
Minnesota limited partnership, on behalf of the limited partnership, Grantor.
KART LYN FOGARTY
Notary Public
No ary Public
State of Minnesota
My
Commission January 31.202res
5
STATE OF FLORIDA
) ss.
COUNTY OF
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation
By:
Its:
The foregoing Gas Utility Easement Agreement was acknowledged before me this
day of , 2022, by the of The City of
Clearwater, Flcrida, a Florida municipal corporation on behalf of the municipal corporation,
Grantee.
Notary Public
[A04-02064 /284492/1] A04-02064 /284492/1
Countersigned:
K,
hk V. Hibbard
Mayor
Approved a:: to form:
CITY OF CLEARWATER, FLORIDA
Laura Mahony
Assistant City Attorney
Attest:
Jon P. Jennings
City Manager
Rosemarie Call
City Clerk
c Oat
Exhibit A
Property
All of that certain lot, piece or parcel of land, situate, Tying and being in Pinellas County,
Florida, being more particularly described as follows:
Parcel A:
Commencing at the North 1/4 corner of Section 35, Township 29 South, Range 15 East,
Pinellas County, Florida, run thence South 89 degrees 09 minutes 14 seconds East, 890.13
feet to a point on the East right of way line of Dr. Bob McMullen Road (County Road 26)
per Right of Way Plat Book B, Page 25, March 14, 1979, said point being the Point of
Beginning; thence South 89 degrees 09 minutes 14 seconds East, 775.16 feet; thence South
00 degrees 27 minutes 55 seconds West, 1403.25 feet; thence North 89 degrees 11 minutes
02 seconds West 340.00 feet; thence North 00 degrees 00 minutes 00 seconds East, 676.54
feet; thence North 89 degrees 11 minutes 02 seconds West, 507.58 feet to a point on said
East right of way line of Dr. Bob McMullen Road (County Road 26); thence along said
right of way line North 06 degrees 35 minutes 05 seconds East, 730.86 feet to the Point of
Beginning.
Parcel B:
From the Northeast corner of Section 35, Township 29 South, Range 15 East, run South 00
degrees 11 minutes 16 seconds West, along the East line of said Section 35, 1782.77 feet;
thence run North 89 degrees 11 minutes 02 seconds West, along a line 877 feet North of and
parallel to the East-West centerline of said Section 35, 50.00 feet to a point on the Westerly
right of way line of Keene Road (CR 26) for a Point of Beginning; thence continue North 89
degrees 11 minutes 02 seconds West, 450.00 feet; thence run North 00 degrees 48 minutes
58 seconds East, 202.64 feet; thence run North 58 degrees 31 minutes OS seconds East,
220.60 feet; thence run North 00 degrees 11 minutes 16 seconds East, 132.97 feet, to the
point on the Southerly right of way line of Coronet Drive as shown on the Plat of Parkway
Estates (see Plat Book 45, Page 64, Public Records of Pinellas County, Florida), and
Parkway Estates, 1st Addition (see Plat Book 46, Page 71, Public Records of Pinellas
County, Florida}; thence run South 89 degrees 09 minutes 39 seconds East along a 40 acre
line, 260.02 feel:; thence run South 00 degrees 11 minutes 16 seconds West along the
Westerly right of way of said Keene Road, 453.40 feet to the Point of Beginning.
Parcel C:
From the Northeast corner of Section 35, Township 29 South, Range 15 East, run South 00
degrees 11 minutes 16 seconds West, along the East line of said Section 35, 1972.78 feet;
thence run North 89 degrees 11 minutes 02 seconds West, along a line 687 feet North of and
parallel to the East-West centerline of said Section 35, 50.00 feet to a point on the Westerly
right of way line of Keene Rd. (CR 26) for a Point of Beginning; thence continue North 89
Loan No. 694082960203150.01516; 2/23/17 degrees 11 minutes 02 seconds West, 958.57 feet;
thence run North 00 degrees 27 minutes 55 seconds East, along the East line of the West 1/4 of
the Southeast 1/4 of the Northeast 1/4 of said Section 35, 280 feet; thence run South 89 degrees
11 minutes 02 seconds East, 330 feet; thence run North 58 degrees 31 minutes OS seconds
East, 210.82 feet; thence run South 00 degrees 48 minutes 58 seconds West, 202.64 feet; thence
run South 89 degrees 11 minutes 02 seconds East, 450.00 feet, to a point on the Westerly right
of way line of Keene Road (CR 26); thence run South 00 degrees 11 minutes 16 seconds West,
along said right of way line 190.01 feet to the Point of Beginning.
[A04-02064 /28437011]
Parcel D:
From the Northeast corner of Section 35, Township 29 South, Range 15 East, run South 00
degrees 11 minutes 16 seconds West along the East line of said Section 35, 1329.39 feet; run
thence North 89 degrees 09 minutes 39 seconds West along the South line of Coronet Drive,
as shown on Plat of Parkway Estates (see Plat Book 45, Page 64, Public Records of Pinellas
County, Florida), 310.02 feet for a Point of Beginning; run thence South 00 degrees 11
minutes 16 seccnds West 132.97 feet; run thence South 58 degrees 31 minutes OS seconds
West, 431.42 feet; run thence North 89 degrees 11 minutes 02 seconds West, 330 feet; run
thence North 00 degrees 27 minutes 55 seconds East along the East line of the West 1/4 of
the Southeast 144 of the Northeast 1/4 of said Section 35, 363.78 feet; run thence South 89
degrees 09 minutes 39 seconds East along the South line of Coronet Drive, as shown on Plat
of Parkway Estates 1st Addition (see Plat Book 46, Page 71, Public Records of Pinellas
County, Florida) 695.44 feet to the Point of Beginning
[A04-02064 /284370'1]
Exhibit B
[INSERT LEGAL DESCRIPTION OF 5 -FOOT EASEMENT]
Gas Easement
Granted to CGS
Parcel ID:
35-29-15-00000-110-0100
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[A04-02064 /284370/1]
AFFIDAVIT OF NO LIENS
STATE OF MINNESOTA :
: ss
COUNTY OF CARVER
Randall I3enson, as Treasurer of its General Partner, JBGE/Imperial Palms Apartments, Inc. on
behalf of IMPERIAL PALMS APARTMENTS LIMITED PARTNERSHIP, a Minnesota limited partnership
("Imperial Palms"), whom, being duly authorized does depose and say:
1. That Imperial Palms is the owner of legal and equitable title to the following described real
property located 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 (the "Property").
2. That saicl Property is now in the possession of the Imperial Palms.
3. That there has been no labor performed or materials furnished in the past 90 days on said
Property for which there are unpaid bills for labor or materials, 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.)
NONE
4. That there are no liens or encumbrances of any nature affecting the title TO the Property 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:
Amended and Restated Mortgage and Security Agreement and Fixture Financing Statement with
Assignment of Leases and Rents dated March 1, 2017 in favor of Riversource Life Insurance
Company, recorded in OR Book 19537, Page 2392, Public Records of Pinellas County, Florida.
5. That no written notice has been received for any public hearing regarding the imposition of
assessments against the Property for improvements to be constructed on the Property by any
governmental authority, and there are no unpaid assessments against the Property for any such
improvements thereto by any governmental authority.
6. That there are no past due sewer service charges or assessments payable to any governmental
authority.
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 by Imperial
Palms to the City of Clearwater of that certain Gas Utility Easement Agreement on or about the
even dale hereof upon the Property.
[A04-02064 /284370/1]
Signed, sealed, a.nd delivered
In the presence of:
WITNESS`'signatiure
S
ULSinti; cleemar\
Print Wi ess Name
WITNESS signature
rrY yr) r.nN'
Print Witness Name
STATE OF MINNESOTA :
: ss
COUNTY OF CARVER
IMPERIAL PALMS APARTMENTS
LIMITED PARTNERSHIP, a
Minnesota limited partnership
By: JBGE/Imperial Palms Apartments, Inc.
Its: General Partner
By: n
Print Name: Randall Benson
Title: Treasurer
The foregoing instrument was acknowledged before me by means of Q physical presence or ❑
online notarization, this ate) by Randall Benson, Treasurer of its General Partner,
JBGE/Imperial Palms Apartmen , Inc. on behalf of IMPERIAL PALMS APARTMENTS LIMITED
PARTNERSHIP, a Minnesota limited partnership. He/she is personally known to me or has produced
(type of identification) as identification.
[A04-02064 /284370/1]
KARI LYN POG ARTY
Notary
State of Minnesota
My CommissionExpires
January 31, 2
025
SigMature of ersotakin nowled ment
p �� g
Name typed, printed or tamped
fil,h A 06e46/'L
/ Title or rank
Serial number, if any