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ELEVATE SAFEPOINT LLCRetum to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 02-29-15-25580-000-0020 & 02-29-15-25580-000-0010 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, ELEVATE SAFEPOINT LLC, a Florida Limited Liability company whose principal address is 727 ABBY MIST DR ST JOHNS FL 32259-6901 ("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 1555 Union St, 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 ] G M15-2064-066/257077/1 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 ] G M15-2064-066/257077/1 1 Signed, sealed, and delivered In the • --: ceof: NESS signature Wilitom W'ese i Print Witney ame ESS sign. ure (FL 7s?P Print Witness Name STATE OF F L ELEVATE SAFEPOINT LLC By: Print Name: f'(,{ pt WsaA Title: Vt/16U/A-61 ss COUNTY OF $the -1 I04.s The foregoing instrument was acknowledged before me by means of, physical presence or ❑ online notarization, this 9 14S1r (date) by �'�yw�Q�(►k (name of member, manager, officer or agent, title of member, manager, officer or agent), of ELEVATE SAFEPOINT LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. Signature • person t- g acknowledgment Ll„ris WI.r0 Name type printed or stamped • iP0.." .I, CHRI - \.% Notary PubIc • State of Florida ' NJ` Commission # GG 930106 oF My Comm. Expires Nov 7, 2023 Bonded through National Notary Assn. ..—w---'NM,- [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Title or rank Serial number, if any Exhibit "A" (Legal Description of Property) A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, THENCE RUN SOUTH 00° 09'21" EAST, A DISTANCE OF 33.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 89°09'36" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET, A DISTANCE OF 418.03 FEET TO THE NORTHWEST CORNER OF LOT 63, WALDEN WOODS PLAT, AS RECORDED IN PLAT BOOK 70, PAGE 49, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE OF UNION STREET, RUN SOUTH 00°05'24" EAST, ALONG THE WEST BOUNDARY LINES OF LOTS 52 THROUGH 63, OF SAID WALDEN WOODS PLAT, A DISTANCE OF 730.26 FEET TO THE INTERSECT/ON OF LOTS 50 AND 52, OF SAID WALDEN WOODS PLAT; THENCE RUN NORTH 89°14'27" WEST, ALONG THE NORTH BOUNDARY LINE OF LOTS 44 THROUGH 50, OF SAID WALDEN WOODS PLAT, A DISTANCE OF 417.40 FEET TO THE NORTHWEST CORNER OF SAID LOT 44 OF SAID WALDEN WOODS PLAT; THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID WALDEN WOODS PLAT, RUN NORTH 00°08'20" WEST, A DISTANCE OF 730.86 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET AND THE POINT OF BEGINNING. CONTAINING 7.00 ACRES MORE OR LESS. Exhibit "A" Elevate Safepoint - Gas Easement 1551 Union St, Clearwater FL 33755 Parcel ID 02-29-15-25580-000-0020 02-29-15-25580-000-0010 Dunedin Golf Club'Q Caladesi Island Countryside ,Mali State Park Mease Countryside V Hospital Oldsmar Dunedin Philippe Park 9 1551 Union St, 74 Clearwater, FL 33755 h Walmart Neig h:Jc-hdod Market Clearwater Marine ,Aquarian ., CLEAROATER BEACH I I Clearwater Sand Key Park` Morton Plant Hospital Bellew c Moccasin Lake Nature Park C©stca N7holesai'e Safety Harbor St. Pete - PROPOSED 5' WIDE GAS EASEMENT GRANTED TO CGS PARCEL ID - 02 -29-15-25580-000-0020 02-29-15-25580-000-0010 Exhibit "A" [INSERT SKETCH AND LEGAL DESCRIPTION] [TO BE REPLACED WITH AS -BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE RECORDING] ummuum Existing Gas Main Proposed Sevice Line Proposed 2'PE Gas Main QProposed Meter Manifold Ii 0 Proposed Meter ii EIN ...a..b./..,.. 1 is;— NORM. n• • 1 ii 7 1 UTILITY PLAN ij [GM 15-2064-066/258069/ 1 ] GM 15-2064-066/257077/1 I f ! ± i $ i ];i AFFIDAVIT OF NO LIENS STATE OF I OVIA 0. : ss COUNTY OF P ne}`QS •1. St -1A y. A O SCJ/\ , (name of member, manager, officer or agent, title of member, manag r, officer or agent), of ELEVATE SAFEPOINT LLC, whom, being duly authorized does depose and say: 1. That ELEVATE SAFEPOINT 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.) nvv Q 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.) _b 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 IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this day of , 2022% Signed, sealed, and delivered In the • since of: ITNESS signature Vin% l 9 l 11 a'wt W��C k Print Witness Name WIT ESS sign ture A/4 -pm Rri- Print Witness Name STATE OF L : ss COUNTY OF gwt\0.5 ELEVATE SAFEPOINT LLC Print Name: Title: �ryu aaSal The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this a I (date) by yt (OPS (name of member, manager, officer or agent, title of member, anager, officer or agent), of ELEVATE SAFEPOINT LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. (->)-Yr Signature person tak acknowledgment 9 P 9 (. hr' j Name ged rinted or stamped IVo rv� RLir. Title or rank AP 4iir7i4;' CHRISTOPHER DANIEL MURPHY PP."I `t;? Notary Public • State of /lona. `' Commission # GG 930106 �sI�rr. My Comm. Expires Nov 7, 2023 P Bonded through National Notary Affn. [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Serial number, if any