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CLEARWATER TIDES LLCReturn to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 09-29-15-55249-000-0020 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, CLEARWATER TIDES LLC, a Florida Limited Liability company whose principal address is 2600 E BAY DR STE 230 LARGO FL 33771-2518 ("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 880 N OSCEOLA AVE, CLEARWATER, FL 33755 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 irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities. [GM 15-2064-066/258069/1] 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 nITNESS WigREOF, the undersigned Granto has caused these presents to be duly executed this CtUI day of 0 ' L 202 Signed, sealed, and delivered In the presence of: CLEARWAER TIDES LLC WITNESS signature (d(C ViekifitrettiO Print Witness Name tn` 4) TNESS Signa ure H uJ:dcile Print Witness Name STATE OF t Otkk.. COUNTY OF ('carne The foregoing ,11i.trument was acknowledged f re me by m I=1ns oi'physical presence or online notarization, this !$ ,� _� ' ,"(date) by (U' (name of member, manag , officer or agent, title of member, manager, offiber or agent), of CLEARWATER TIDES LLC, a Florida limilpd liability company, on behalf of the company, who is personally known to me or has produced dkiMA A4_10\3 as identification. : ss By: Print Name:5 V4-71- Cffedt7---1 Title: Malt 4:414,_,4„ 414 i a,„ Notary LORI R. Public -State DDet HUDDLESTON • Commission # HH 228761 My CommissionExpires %.,,° ill q�` July 17, 2026 [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 atu of p rson king acknowledgment uhcifekD Name typed, printed or stamped Title or rank Serial number, if any Exhibit "A" (Legal Description of Property) A PORTION OF LAND LYING IN THE SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, J.A. GORRA'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 44, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S14°15'14"W, A DISTANCE OF 64.88 FEET; THENCE N76°43'36"W, A DISTANCE OF 0.10 FEET; THENCE S16°19'50"W, A DISTANCE OF 29.98 FEET; THENCE S14°23'29"W, A DISTANCE OF 162.60 FEET; THENCE SO4°34'23"W, A DISTANCE OF 155.21 FEET; THENCE N77°02'21"W, A DISTANCE OF 99.53 FEET; THENCE 5 16°19'23"W, A DISTANCE OF 59.28 FEET; THENCE N77°34'06"W, A DISTANCE OF 30.00 FEET; THENCE N15°58'55"E, A DISTANCE OF 30.03 FEET; THENCE N89°27'02"W, A DISTANCE OF 136.74 FEET; THENCE N77°37'43"W, A DISTANCE OF 74.80 FEET; THENCE S72°49'00"W, A DISTANCE OF 176.35 FEET; THENCE N62°50'25"W, A DISTANCE OF 8.96 FEET; THENCE N26°34'15"E, A DISTANCE OF 88.63 FEET; THENCE N26°49'52"E, A DISTANCE OF 32.30 FEET; THENCE N89°20'22"W, A DISTANCE OF 16.86 FEET; THENCE N00°39'3811E, A DISTANCE OF 186.16 FEET; THENCE S89°20'22"E, A DISTANCE OF 38.06 FEET; THENCE N00°16'44"W, A DISTANCE OF 95.72 FEET; THENCE N89°28'22"W, A DISTANCE OF 135.07 FEET; THENCE S00°31'38"W, A DISTANCE OF 20.00 FEET; THENCE N89°28'22"W, A DISTANCE OF 216.67 FEET; THENCE N00°31'38"E, A DISTANCE OF 45.00 FEET; THENCE N89°27'17"W, A DISTANCE OF 46.19 FEET; THENCE S09°30'13"W, A DISTANCE OF 49.76 FEET; THENCE N83°07'41"W, A DISTANCE OF 25.52 FEET; THENCE N10°40'19"E, A DISTANCE OF 72.24 FEET; THENCE S89°32'18"E, A DISTANCE OF 658.84 FEET; THENCE S88°58'55"E, A DISTANCE OF 119.49 FEET; THENCE S89°15'22"E, A DISTANCE OF 151.37 FEET; THENCE S88°48'26"E, A DISTANCE OF 9.32 FEET TO THE POINT OF BEGINNING. CONTAINING 228775.36 SQUARE FEET OR 5.252 ACRES. LEGAL DESCRIPTION (LOT 1/UNIT 1): A PORTION OF LAND LYING IN THE SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY; FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, J.A. GORRA'S SUBDIVISION, ACCORDING TO THE PLAT/THEREOF RECORDED IN PLAT BOOK 1, PAGE 44, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S14°15'14"W, A DISTANCE OF 26.58 FEET, TO THE POINT OF BEGINNING; THENCE S14°15'14"W, A DISTANCE OF 38.30 FEET; THENCE N76°43'36"W, A DISTANCE OF 0.10 FEET; THENCE S16°19'50"W, A DISTANCE OF 29.98 FEET; THENCE S14°23'29"W, A DISTANCE OF 162.60 FEET; THENCE SO4°34'23"W, A DISTANCE OF 102.69 FEET; THENCE N89°23'24"W, A DISTANCE OF 132.82 FEET; THENCE N00°52'30"E, A DISTANCE OF 190.02 FEET; THENCE N89°23'24"W, A DISTANCE OF 226.84 FEET; THENCE N79°59'50"W, A DISTANCE OF 79.79 FEET; THENCE N00°36'36"E, A DISTANCE OF 123.37 FEET; THENCE S89°23'24"E, A DISTANCE OF 500.59 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION (LOT 2/UNIT 2): A PORTION OF LAND LYING IN THE SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, J.A. GORRA'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 44, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 14° 15'14"W, A DISTANCE OF 64.88 FEET; THENCE N76°43'36"W, A DISTANCE OF 0.10 FEET; THENCE 516°19'50"W, A DISTANCE OF 29.98 FEET; THENCE S14°23'29"W, A DISTANCE OF 162.60 FEET; THENCE SO4°34'23"W, A DISTANCE OF 155.21 FEET; THENCE N77°02'21"W, A DISTANCE OF 99.53 FEET; THENCE S 16°19'23"W, A DISTANCE OF 59.28 FEET; THENCE N77°34'06"W, A DISTANCE OF 30.00 FEET; THENCE N15°58'55"E, A DISTANCE OF 30.03 FEET; THENCE N89°27'02"W, A DISTANCE OF 136.74 FEET; THENCE N77°37'43"W, A DISTANCE OF 74.80 FEET; THENCE S72°49'00"W, A DISTANCE OF 176.35 FEET; THENCE N62°50'25"W, A DISTANCE OF 8.96 FEET; THENCE N26°34'15"E, A DISTANCE OF 88.63 FEET; THENCE N26°49152"E, A DISTANCE OF 32.30 FEET; THENCE N89°20'22"W, A DISTANCE OF 16.86 FEET; THENCE NOO°39'38"E, A DISTANCE OF 186.16 FEET; THENCE S89°20'22"E, A DISTANCE OF 38.06 FEET; THENCE N00°16'44"W, A DISTANCE OF 95.72 FEET; THENCE N89°28'22"W, A DISTANCE OF 135.07 FEET; THENCE S00°31'38"W, A DISTANCE OF 20.00 FEET; THENCE N89°28'22"W, A DISTANCE OF 216.67 FEET; THENCE N00°31'38"E, A DISTANCE OF 45.00 FEET; THENCE N89°27'17"W, A DISTANCE OF 46.19 FEET; THENCE S09°30'13"W, A DISTANCE OF 49.76 FEET; THENCE N83°07'41"W, A DISTANCE OF 25.52 FEET; THENCE N10°40'19"E, A DISTANCE OF 72.24 FEET; THENCE S89°32'18"E, A DISTANCE OF 658.84 FEET; THENCE S88°58'55"E, A DISTANCE OF 119.49 FEET; THENCE S89°15'22"E, A DISTANCE OF 151.37 FEET; THENCE S88°48'26"E, A DISTANCE OF 9.32 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT LOT 1/UNIT 1 LESS AND EXCEPT LOT 3/UNIT 3 LEGAL DESCRIPTION (LOT 3/UNIT 3): A PORTION OF LAND LYING IN THE SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, J.A. GORRA'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK I, PAGE 44, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S14°15'14"W, A DISTANCE OF 64.88 FEET; THENCE N76°43'36"W, A DISTANCE OF 0.10 FEET; THENCE S16°19'50"W, A DISTANCE OF 29.98 FEET; THENCE S14°23'29"W, A DISTANCE OF 162.60 FEET; THENCE SO4°34'23"W, A DISTANCE OF 131.74 FEET; THENCE N87°10'22"W, A DISTANCE OF 150.79 FEET TO THE POINT OF BEGINNING; THENCE N87°10'22"W, A DISTANCE OF 216.88 FEET; THENCE S73°01'56"W, A DISTANCE OF 104.45 FEET; THENCE N16°57'57"W, A DISTANCE OF 32,50 FEET; THENCE N73°02'00"E, A DISTANCE OF 115.79 FEET; THENCE S82°42'35"E, A DISTANCE OF 24.73 FEET; THENCE 587°10'25"E, A DISTANCE OF 192.56 FEET; THENCE S02°49'34"W, A DISTANCE OF 32.50 FEET TO THE POINT OF BEGINNING. Exhibit "A" Marina Bay Townhomes - Gas Easement Parcel ID: 09-29-15-55249-000-0020 880 N Osceola Ave Clearwater, FL 33755 *• 3ONOsce C,learwater, FL Clearwater n9° go) Highpoint Feathe- .686) CLEARWATER BAY MARINA ''ARCEL ID: 5249-000-0020 5 GAS EASEMENT GRANTED TO CGS Exhibit "A" [INSERT SKETCH AND LEGAL DESCRIPTION] [TO BE REPLACED WITH AS -BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE RECORDING] Parcel Map 5' wide gas easement granted to CGS [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 AFFIDAVIT OF NO LIENS STATE OF VIOLA, r� : ss COUNTY OF 1'ihz, OO i -f OI a LOA , (name of member, manager, officer or agent, title of member, manager, officer or aged), of CLEARWATER TIDES LLC, whom, being duly authorized does depose and say: 1. That CLEARWATER TIDES 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 15-2064-066/25806911 ] GM 15-2064-066/257077/1 Signed, sealed, and delivered In the presence of: WITNESS signature /uct(7iub Print Witness Name TNESS signature Lr i HuilatiNkon Print Witness Name STATE OF : • ss COUNTY OF Qt (Z.�QQ� CLEARWATER TIDES LLC By. Print Name: Sf `" -'‘ L� #17-e Title: The foregoing in vument was acknowledgedfere me by mans of ❑ physical presence or ❑ online notarization, this r• bit' u1 .:t i -k, -) by lukrk (name of member, manager, officer or agent, title of member, manager, ofer or agent), of CLEARWATER TIDES LLC, a Florida limit d liabilitympany, on behalf of the company, who is personally known to me or has produced it' jijj. as identification. LORI R. HUDDLESTON ;(.';Notary Public -State of Florida Commission # HH 288761 ,,S ted,`, My Commission Expires '4a,;';,,aJuly 17, 2026 [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Signature of person taking acknowledgment orfRiAte Name typed, printed or stamped Title or rank Serial number, if any