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BROOKER CREEK V LLCReturn to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 13-28-16-00000-310-0300 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2022285471 09122/2022 10:13 AM OFF REC BK: 22209 PG: 545-551 DocType:EASEMENT RECORDING: 961.00 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, BROOKER CREEK V LLC, a Florida Limited Liability company whose principal address is 5550 W EXECUTIVE DR STE 550, TAMPA, FL 33609-1009 ("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 situated in the County of Pinellas, State of Florida, to wit: The property located at 500 Brooker Blvd, Oldsmar FL 34677 As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof 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 [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities. 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 4°' day of Ply , 2021r Signed, sealed, and delivered In the presence of: -- ITNESS signature 0: it ti h ✓✓1 S Print Witness Name 4_ WITNESS signature Print Witness Name Print Name: i d " < • 1174 Title: -Prise =,e vs H a r a j; y, J H' v he STATE OF 14.0,2-it>4 : ss COUNTY OF /4 t-e-sAevut/�� The foregoing instrument was acknowledged before me by means of C7 physical presence or Dew lop online notarization, this /- r 9. 2.02-2 (date) by R.06r-rLr C. u..)slwx..- P,ersipeNToF/ r (name of member, manager, officer or agent, title of member, manager, officer or agent), of BROOKER Hc,, CREEK V LLC, a Florida limited liability company, on behalf of the company, who is personally known to mor has produced NP-- as identification. 1:F.i' DEBORAH L. BOYER '• = MY COMMISSION # HH 092448 *-:1;..:41`•4 EXPIRES: May 26, 2025 '•.os Fl.?,.' Bonded Thru Notary Public UndenMters ::.:. ♦ I .. [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Signature of person tat ng acknow dgment Name typed, printed or stamped Noav' -Pt,L6I Title or rank *HA vgg 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] POND 70Q 5' Gas Easement granted to CGS I „CANE/VEGE,K,EpAREA } OMNI In • WAREHOUSE - 130.000SF 9?5I tric IW [n21 rM �9ee Ati 1 h i I 1 )(Id'L. L h [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 AFFIDAVIT OF NO LIENS STATE OF FLORIDA: ss COUNTY OF HILLSBOROUGH: Robert C. Webster, II, President of Harrod Development Inc., managing member of BROOKER CREEK V LLC, whom, being duly authorized does depose and say: 1. That BROOKER CREEK V 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. [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Signed, sealed, and delivered BROOKER C In the presence of: NESS signature K I& M.e L'v S Print Witness Name WITNESS signature &lcn Reichc/ Print Witness Name STATE OF Rwre- I 0-A : • ss COUNTY OF 111 IlSborou�ll Print Name: Title: / rtb, d rr, , M a n k 5 ,,; Hem Le_, - The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this May 9, 2022 by Robert C. Webster, II, President of Harrod Development, Inc., managing member of BROOKER CREEK V LLC, a Florida limited liability company, on behalf of the company, who is DersonpLly known to ma or has produced NA-- as identification. I DEBORAH L. BOYER ,. ,+. MY COMMISSION # HH 092448 EXPIRES: May 26, 2025 •OF lEF°P• Bonded This: Notary Public Unde tens [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Signature of person taRing acknowledgment ltloovok L.73„yci Name typed, printed or stamped RAH Title or rank Serial number, if any DEERPAT-. East Lake Woodlands Country Club 9 ELW 500 Brooker Creek Blvd - Gas Easement 500 Brooker Creek Blvd, Palm Harbor - Parcel ID: 13-28-16-00000-310-0300 WORTHINGTON Cypress Forest Spray Park Tampa Bay Skating Academy, `. Walrnart Supercenter CYPRESS LAKES PRESERVE F west Laker B4C a Goodwill Oldsmaon Superstore aRIDGEPORT ' G=ill - We ch se V 1 Deer Parte A '' . r Elementary School r ` Wi d Rover - Br,ewing Company© 'r. N,v.yOr . O ..! MANDOLIN VIEMaureenn B. Gauzza9 n , opublic Library Aston Gardens? At Tampa Bay W L"'Meugh Tampa Bay Downs 0 •500 Brooker Creek Blvd, Oldsmar, FL 34677 Douglas Buffalo Wdd Wing Oldsmar Bicentennial Park rioi er Adventu Tampa Publiz Super Market at, Westchase y TWIN BRANCH ACRES 9.. Glencliff Park t • Lowe's Hom Improvemegb a we 15"e.arl, Dr Westchase Golf Club estchas^ Sf • .-t OUNTRYWA� • orSePower for Kids nS ntrrlal.Sanctuary Bayt P. Atonso High School o GAS EASEMENT GRANTED TO CGS