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TARPON SQUARE ASSOCIATESReturn to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 18-27-16-89424-000-0491 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023034922 02/09/2023 03:27 PM OFF REC BK: 22341 PG: 713-719 DocType:EASEMENT RECORDING: $61.00 D DOC STAMP: $0.70 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023053983 03/02/2023 09:36 AM OFF REC BK: 22360 PG: 1850-1860 DocType:EASEMENT RECORDING: $95.00 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, TARPON SQUARE ASSOCIATES, a Florida Association whose principal address is CIO ALL STAR 5480 58TH ST N KENNETH CITY FL 33709-2036 ("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 Tying and being situated in the County of Pinellas, State of Florida, to wit: The property located at 40114 US HIGHWAY 19 N TARPON SPRINGS FL 34689 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 1 5-2064-0661258069111 GM15-2064-0661257077/1 Return to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 18-27-16-89424-000-0491 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023034922 02/09/2023 03:27 PM OFF REC BK: 22341 PG: 713-719 DocType:EASEMENT RECORDING: $61.00 D DOC STAMP: $0.70 IGAS 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, TARPON SQUARE ASSOCIATES, a Florida Association whose principal address is CIO ALL STAR 5480 58TH ST N KENNETH CITY FL 33709-2036 ("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 40114 US HIGHWAY 19 N TARPON SPRINGS FL 34689 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 15-2064-066/258069/11 GM 15-2064-066/25707711 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 15-2064-066/258069/11 GM 15-2064-066/257077/1 IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this 2974. day of No 0g7101 gee , 2022. Signed, sealed, and delivered In the presence of: 1,44146114ed WITNESS signature .Mone fx elou) Print Witness Name WITNESS signatur Print Witness Name TARPO • - E ASSOCIATES B Print Name: 1.410POF. 111141-"4" Title: T.eaek'I% //7 jib if 6-4E.A-Li') The foregoing ins ument as acknowledged,bfore me by Bans of ❑ physical presence or ❑ online notarization, this ' ‘,25./v )- (date) by I iDv ie i e_ Al manager (or agent) on Behalf of TARPON SQUAR ASSOCIATES, a Florida Association. He/she is personally known to me or has produced [1. - Dc._ as identification. otk ;?oh, MARY MURPHY + - * Commission # HH 010439 *. Expires June 15, 2024 1�ocFt° BondedTbmBudget "WY SiMcee [GM15-2064-066/258069/1] GM 15-2064-066/257077/1 Signature of rson taking acknowled: ent Name typed, printed or stamped Title or rank Serial number, if any Exhibit "A" Legal Description of Property The North 240 feet of Lots 49 and 50, Section 18, Township 27 South, Range 16 East, Pinellas County, Florida; said portions of Tots being designated in accordance with the plat of TAMPA AND TARPON SPRINGS LAND COMPANY SUBDIVISION recorded in Plat Book 1, Page 116, Public Records of Hillsborough County, of which Pinellas County was formerly a part, LESS AND EXCEPT road right-of-way of State Road #55 (U.S. Highway 19) and LESS AND EXCEPT right-of-way of Mango Street. AND ALSO The South 200 feet of the North 440 feet of Lots 49 and 50, Section 18, Township 27 South, Range 16 East, less the South 80 feet thereof according to the plat of TAMPA AND TARPON SPRINGS LAND COMPANY SUBDIVISION as recorded in Plat Book 1, Page 116, Public Records of Hillsborough County, of which Pinellas County was formerly a part, LESS AND EXCEPT the right-of-way for U.S. Highway 19. [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 LEGAL DESCRIPTION AND SKETCH EXHIBIT A DESCRIPTION: A 5.00 foot wide strip of land being a portion of the lands described in Official Records Book 5388, Page 111 of the Public Records of Pinellas County, Florida, lying within Section 18, Township 27 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: PARCEL 1 COMMENCE at the Northeast corner of the Southwest 1/4 of said Section 18; THENCE run Southerly along the East line of said Southwest 1/4, S00°04'00' W a distance of 40.04 feet to a line perpendicular to the East line of said Southwest 1/4; THENCE departing the East line of said Southwest 1/4, run Westerly along said perpendicular line, N89°56'00"W a distance of 101.00 feet to a point on the West Right of Way line of State Road Number 55 (U.S. 19), a 200 foot Right of Way per Florida Department of Transportation Right of Way Map, Section 15150-XXXX, Work Project Item 429005 1, said point also being the POINT OF BEGINNING; THENCE departing said perpendicular line, run Southerly along said West Right of Way line, S00°04'00' W a distance of 5.06 feet to a point; THENCE departing said West Right of Way line, run N80°53'50"W a distance of 7.36 feet to a point; THENCE run N89°45'27"W a distance of 113.38 feet to a point; THENCE run N85°49'17' V11 a distance of 9.91 feet to a point; THENCE run S00°15'02"E a distance of 131.71 feet to a point; THENCE run S29°17'46"E a distance of 7.21 feet to a point; THENCE run 560°4214'W a distance of 5.00 feet to a point; THENCE run N29°17'46"W a distance of 8.50 feet to a point; THENCE run N00°15'02' W a distance of 133.40 feet to a point; THENCE run N85°49'17' W a distance of 5.29 feet to a point; THENCE run Noel 0'43"E a distance of 5.00 feet to a point; THENCE run S85°49'17"E a distance of 20.04 feet to a point; THENCE run S89°45'27"E a distance of 113.59 feet to a point; THENCE run S80°53'50"E a distance of 6.95 feet to the POINT OF BEGINNING. The above described parcel of land contains 0.03 acres (1,406 square feet), more or less. AND PARCEL 2 COMMENCE at the Northeast corner of the Southwest 1/4 of said Section 18; THENCE run Southerly along the East line of said Southwest 1/4, S00°04'00' W a distance of 350.56 feet to a line perpendicular to the East line of said Southwest 1/4; THENCE departing the East line of said Southwest 1/4, run Westerly along said perpendicular line, N89°56'00"W a distance of 101.00 feet to a point on the West Right of Way line of State Road Number 55 (U.S. 19), a 200 foot Right of Way per Florida Department of Transportation Right of Way Map, Section 15150400X, Work Project Item 429005 1, said point also being the POINT OF BEGINNING; THENCE departing said perpendicular line, run Southerly along said West Right of Way line, S00°04'00"W a distance of 5.00 feet to a point; THENCE departing said West Right of Way line, run N89°48'08'W a distance of 492.12 feet to a point; THENCE run N00°11'52"E a distance of 221.87 feet to a point; THENCE run NO2°56'17"W a distance of 69.10 feet to a point; THENCE run N12°03'34'9 a distance of 13.85 feet to a point; THENCE run N28°46'53' W a distance of 7.64 feet to a point; THENCE run N04°52'25' W a distance of 14.71 feet to the Southerly Maintained Right of Way line of Mango Street; THENCE run Easterly along said Southerly Maintained Right of Way line, S89°32'32"E a distance of 5.02 feet to a point; THENCE departing said Southerly Maintained Right of Way line, run SO4°52'25"E a distance of 13.18 feet to a point; THENCE run S28°46'53"E a distance of 7.31 feet to a point; THENCE run S12°03'34"E a distance of 14.98 feet to a point; THENCE run S02°56'17"E a distance of 69.63 feet to a point; THENCE run S00°11'52' W a distance of 217.01 feet to a point; THENCE run S89°48'08"E a distance of 487.11 feet to the POINT OF BEGINNING. The above described parcel of land contains 0.09 acres (4,078 square feet), more or less. The above described parcel of land aII together contains 0.12 acres (5,484 square feet), more or less. THIS IS NOTA SURVEY John ) Beland Digitally signed by John J Beland DN: c=US, o=MCKIM AND CREED, ou=A01410000000174274DE05 6000038F5, cn=John J Beland Date: 2023.02.23 16:00:07 -05'00' JOHN BELAND, PSM DATE FLORIDA CERTIFICATE No. 7004 McKIM & CREED, INC. Note: Not Vard without the original signature and embossed seal, or the digital seal and signature, of a Florida licensed surveyor and mapper. '\CrGaSSpem l�� ve Greener )ithGas PREPARED BY: v�McKIdM3 NoTOMe &CREED ard, Suite 115E Tampa, FL 33624 Phone (613) 549-3740 Business Certificate. LB 7917 BY DATE DRAWN J.BELAND 2/22/23 KEY'S JAM ROCK GRILL AT US 19 & MANGO STREET GAS LINE EASEMENT Project #: 03288-0004, 12SURV REVISION BY DATE CHECKED J.BELAND 2/22/23 PID 18-27-16-89424-000-0491 ORB 5388, PAGE 111 SHEET 1 OF 5 FILE PATH = I:\03288\0004\Geomatics\12SURV\92-C3D\04-S&D\03288-0004_12SURV.dwg PLOT DATE = 2/23/2023 3:59 PM EXHIBIT A SECTION 18, TOWNSHIP 27 SOUTH, RANGE 16 EAST ABBREVIATIONS: FDOT - FLORIDA DEPARTMENT OF TRANSPORTATION LB - LICENSED BUSINESS MR/W - MAINTAINED RIGHT OF WAY No. - NUMBER ORB - OFFICIAL RECORDS BOOK PID - PARCEL IDENTIFICATION NUMBER PSM - PROFESSIONAL SURVEYOR & MAPPER RNV - RIGHT OF WAY SEC. - SECTION -TOWNSHIP -RANGE SQ FT - SQUARE FEET WPI - WORK PROGRAM ITEM 0 60 120 GRAPHIC SCALE 1" = 120' POINT OF COMMENCEMENT NE CORNER OF THE SW 1/4 OF SEC.18-T27S-R16E POINT OF BEGINNING PARCEL 1 .47 N LINE OF THE SW 1/4 OF SECTION 18 EASEMENT PARCEL 2 PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) MANGO STREET MR/W VARYING WIDTH MAINTAINED Ft/W) EASEMENT PARCEL 1 PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) v EXISTING 1 STORY CONCRETE BLOCK BUILDING POINT OF BEGINNING PARCEL 2 EXISTING 1 STORY CONCRETE BLOCK BUILDING PID 18-27-16-89424-000-0493 PALM SPRINGS ESTATES I LLC (ORB 21544, PAGE 2270) NOTES: 1. This Sketch and Description was prepared without the benefit of a Title Report; there may exist easements, encumbrances, and Rights of Way not shown in this Sketch and Description that a more thorough search of the Public Records would reveal. 2. Bearings shown hereon are Grid Bearings based on the Florida State Plane Coordinate System, West Zone, 1983 North American Datum, 2011 Adjustment (NAD83/2011); the East line of the Southwest 1/4 of Section 18, Township 27, Range 16 East, having a bearing of S00°04'00"W, is referenced as the Bearing Basis for this Sketch and Description. 3. Legal description was prepared by McKim & Creed, Inc. per client request and is based on deeds of record and other instruments of the Public Record of Pinellas County, Florida. 4. Certified to Clearwater Gas Systems. THIS IS NOT A SURVEY PID 18-27-16-89424-000-0495 MARIO INVESTMENTS LLC (ORB 22123, PAGE 404) This legal description and sketch is incomplete without the signed and sealed legal description. )hGas \ClearwaterGas System e Greener PREPARED BY: v�McK3 IM &CREED E Tampa, FL 33924 Phone (813) 549.37 0 Bus/neat Certificate. LB 7917 BY DATE DRAWN J.BELAND 2/22/23 KEY'S JAM ROCK GRILL AT US 19 & MANGO STREET GAS LINE EASEMENT Project #: 03288-0004, 12SURV REVISION BY DATE CHECKED J.BELAND 2/22/23 PID 18-27-16-89424-000-0491 ORB 5388, PAGE 111 SHEET 2 OF 5 FILE PATH = I:\03288\0004\Geomatics\12SURV\92-C3D\04-S&D\03288-0004_12SURV.dwg PLOT DATE = 2/23/2023 3:59 PM EXHIBIT A SECTION 18, TOWNSHIP 27 SOUTH, RANGE 16 EAST POINT OF COMMENCEMENT NE CORNER OF THE SW 1/4 OF SEC.18-T27S-R16E S85°49' 17"E 20.04' N04°10'43"E 5.00' N85°49' 17"W 5.29' 5.00' N00°15'02"W N29°17'46"W 8.50' MANGO STREET (VARYING WIDTH MAINTAINED R/W) NLINE OFTHE SW1/4—VAT OF SECTION 18 POINT OF BEGINNING PARCEL 1 EASEMENT CONTAINS ±0.12 ACRES (5,484 SQ FT) [PARCEL 1 CONTAINS±0.03 ACRES (1,406 SQ FT)] S80°53'50"E S MR/W 6.95' 589°45'27"E 113.59'' �— . —fir 500°04' 00"W 5.06' SOO°15'02"E 131.71 PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) N85°49'17"W 9.91' 8.2' 7.3' N89°45'27"W 113.38' N80°53'50"W 7.36' PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) EXISTING 1 STORY CONCRETE BLOCK BUILDING S29°17'46"E 7.21' 560°42'14"W 5.00' THIS IS NOT A SURVEY 101.00' N89°56'00"W A LINE PERPENDICULAR TO THEE LINE OF THE SW 1/4 OF SECTION 18 E LINE OF THE SW 1/4 OF SECTION 18 0 15 30 GRAPHIC SCALE 1" = 30' ABBREVIATIONS: FDOT - FLORIDA DEPARTMENT OF TRANSPORTATION LB - LICENSED BUSINESS MRJW - MAINTAINED RIGHT OF WAY No. - NUMBER ORB - OFFICIAL RECORDS BOOK PID - PARCEL IDENTIFICATION NUMBER PSM - PROFESSIONAL SURVEYOR & MAPPER R/W - RIGHT OF WAY SEC. - SECTION -TOWNSHIP -RANGE SQ FT - SQUARE FEET WPI - WORK PROGRAM ITEM This legal description and sketch is incomplete without the signed and sealed legal description. FILE PATH = I:\03288\0004\Geomatics\12SURV\92-C3D\04-S&D\03288-0004_12SURV.dwg #\Clearwater Gas System )ithGas ..aGreener PREPARED BY: McKI3 dMe &CRard, EED E Tampa, FL 33624 Phone (813) 549-3740 Business Cerhfeate. LB 7917 BY DATE DRAWN J.BELAND 2/22/23 KEY'S JAM ROCK GRILL AT US 19 & MANGO STREET GAS LINE EASEMENT Project #: 03288-0004, 12SURV REVISION BY DATE CHECKED J.BELAND 2/22/23 PID 18-27-16-89424-000-0491 ORB 5388, PAGE 111 SHEET 3 OF 5 PLOT DATE = 2/23/2023 3:59 PM EXHIBIT A SECTION 18, TOWNSHIP 27 SOUTH, RANGE 16 EAST 1 5.00' 11'52"E 221.87' 8 z PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) O 1- SOO°11'52"W EXISTING 1 STORY CONCRETE BLOCK BUILDING 7.5' PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) 8 0 10 20 GRAPHIC SCALE 1" = 20' ABBREVIATIONS: FDOT - FLORIDA DEPARTMENT OF TRANSPORTATION LB - LICENSED BUSINESS MR/VV - MAINTAINED RIGHT OF WAY No. - NUMBER ORB - OFFICIAL RECORDS BOOK PID - PARCEL IDENTIFICATION NUMBER PSM - PROFESSIONAL SURVEYOR & MAPPER RNV - RIGHT OF WAY SEC. - SECTION -TOWNSHIP -RANGE SQ FT - SQUARE FEET WPI - WORK PROGRAM ITEM POINT OF --\• COMMENCEMENT NE CORNER OF THE SW 1/4 OF SEC. 18-T27S-R16E N LINE OF THE SW 1/41 OF SECTION 18 - POINT OF BEGINNING PARCEL 2 S89°48'08"E 487.11' 1 A LINE PERPENDICULAR TO THE E LINE OF THE SW 1/4 OF SECTION 18 EASEMENT CONTAINS ±0.12 ACRES (5,484 SQ FT) [PARCEL 2 CONTAINS ±0.09 ACRES (4,078 SQ FT)] THIS IS NOTA SURVEY' N89°48'08"W 492.12' sNr S00°04'00"W 5.00' ELINE OFTHE � SW 1/4 OF 13 SECTION 18 101.00' N89°56'00"W 1 This legal description and sketch is incomplete Jwithout the signed and sealed legal description. \Clearwater Gas System )ithGas ie Greener PREPARED BY: 4 v�McKIM&CRESuite ED Tempa, FL 333 624 Phone (813) 549-3740 Business Certfi°ate. LB 7917 BY DATE DRAWN J.BELAND 2/22/23 KEY'S JAM ROCK GRILL AT US 19 & MANGO STREET GAS LINE EASEMENT Project #: 03288-0004, 12SURV REVISION BY DATE CHECKED J.BELAND 2/22/23 PID 18-27-16-89424-000-0491 ORB 5388, PAGE 111 SHEET 4 OF 5 FILE PATH = I:\03288\0004\Geomatics\12SURV\92-C3D\04-S&D\03288-0004_12SURV.dwg PLOT DATE = 2/23/2023 3:59 PM EXHIBIT A SECTION 18, TOWNSHIP 27 SOUTH, RANGE 16 EAST S MR/W N04°52'25"W 14.71' N28°46'53"W 7.64' N12°03'34"W 13.85' 5.00' S89°32'32"E 5.02' z 0 0 urtcrN J i.+ PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) S MR/W SO4°52'25"E 13.18' S28°46'53"E 7.31' S12°03'34"E 14.98' N LINE OF T SW 1/4—/f OF SECTION 18 MANGO STREET (VARYING WIDTH MAINTAINED R/W) PID 18-27-16-89424-000-0491 TARPON SQUARE ASSOCIATES (SIDNEY H. PALEY PER DEED) (ORB 5388, PAGE 111) EASEMENT CONTAINS 10.12 ACRES (5,484 SQ FT) [PARCEL 2 CONTAINS 10.09 ACRES (4,078 SQ FT)] 0 10 20S, GRAPHIC SCALE 1" = 20' THIS IS NOT A SURVEY ■ EXISTING 1 STORY CONCRETE BLOCK BUILDING MATCH LINE SEE SHEET 4 ABBREVIATIONS: FDOT - FLORIDA DEPARTMENT OF TRANSPORTATION LB - LICENSED BUSINESS MR/W - MAINTAINED RIGHT OF WAY No. - NUMBER ORB - OFFICIAL RECORDS BOOK PID - PARCEL IDENTIFICATION NUMBER PSM - PROFESSIONAL SURVEYOR & MAPPER RNV - RIGHT OF WAY SEC. - SECTION -TOWNSHIP -RANGE SQ FT - SQUARE FEET WPI - WORK PROGRAM ITEM This legal description and sketch is incomplete without the signed and sealed legal description. FILE PATH = I:\03288\0004\Geomatics\12SURV\92-C3D\04-S&D\03288-00 _12SURV. wg )thGas 't •\ClearwaterGas System e Greener PREPARED BY: V v�McKItleMBoul&CREED era, Suite 1156 Tampa, FL 33624 Phone (813) 549-3740 Business Certificate: LB 7917 BY DATE DRAWN J.BELAND 2/22/23 KEY'S JAM ROCK GRILL AT US 19 & MANGO STREET GAS LINE EASEMENT Project #: 03288-0004, 12SURV REVISION BY DATE CHECKED J.BELAND 2/22/23 PID 18-27-16-89424-000-0491 ORB 5388, PAGE 111 SHEET 5 OF 5 PLOT DATE = 2/23/2023 3:59 PM STATE OF COUNTY OF /l,Ix'i0O FT 4 v#rei i ffooe-V , (name of member, manager, officer or agent, title of member, manager, officer or agent), of TARPON SQUARE ASSOCIATES, whom, being duly authorized does depose and say: : ss AFFIDAVIT OF NO LIENS 1. That TARPON SQUARE ASSOCIATES 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 In the presence of: atx &Like/0 WITNESS signature big &eeto 3 Print Witness Name WITNESS signature Print Witness Name TARPON SQUARE ASSOCIATES Print Name: r2ftc T %� /1(t`(�(' , The foregoing ins umen was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 697- (date) by 'P. fin DO F. % ;;1 J -TR r manager (or agent) on , ehalf of ARPON SQUA E ASSOCIATES, a Florida Association. He/she is personally known to me or has produced 11--0 L as identification. e..11.4q, MARY MURPHY Commission # HH 010439 * = Expires June 15, 2024 OFT'-° Bonded TIN Budget Notary Son/Ices [GM 15-2064-066/258069/ 1 ] GM 15-2064-066/257077/1 Signature of peaking acknowledg Name typed, printed or stamped Title or rank Serial number, if any Return to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 18-27-16-89424-000-0491 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023034922 02/09/2023 03:27 PM OFF REC BK: 22341 PG: 713-719 DocType:EASEMENT RECORDING: $61.00 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, TARPON SQUARE ASSOCIATES, a Florida Association whose principal address is C/O ALL STAR 5480 58TH ST N KENNETH CITY FL 33709-2036 ("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 40114 US HIGHWAY 19 N TARPON SPRINGS FL 34689 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 15-2064-0661258069/11 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 297g. day of Ale Pe In gee , 2022 - Signed, sealed, and delivered In the presence of: twilize4ed WITNESS signature .gone 640 Print Witness Name WITNESS signature Print Witness Name TARPO • ' E ASSOCIATES Bv: Print Name: 7'& )VOO F A Nitre i Title: Teae, /!lrAd e -c (R"et -` r) The foregoing ins ument as acknowledged,.bfore me by npans of ❑ physical presence or CIonline notarization, this 1 '. 1} (date) by I/itipv 4,34;414 manager (or agent) on Behalf of TARPON SQUARE ASSOCIATES, a Florida Association. He/she is personally known to me or has produced 12, - D/z_ as identification. 01� ;?oe MARY MURPHY * . * Commission # HH 010439 Expires June 15, 2024 1)eo ex -0 Bonded Thu Budget Notary Senecas [GM15-2064-066/258069/1] GM15-2064-066/257077/1 Signature of rson taking acknowled ent Name typed, printed or stamped Title or rank Serial number, if any Exhibit "A" Legal Description of Property The North 240 feet of Lots 49 and 50, Section 18, Township 27 South, Range 16 East, Pinellas County, Florida; said portions of Tots being designated in accordance with the plat of TAMPA AND TARPON SPRINGS LAND COMPANY SUBDIVISION recorded in Plat Book 1, Page 116, Public Records of Hillsborough County, of which Pinellas County was formerly a part, LESS AND EXCEPT road right-of-way of State Road #55 (U.S. Highway 19) and LESS AND EXCEPT right-of-way of Mango Street. AND ALSO The South 200 feet of the North 440 feet of Lots 49 and 50, Section 18, Township 27 South, Range 16 East, less the South 80 feet thereof according to the plat of TAMPA AND TARPON SPRINGS LAND COMPANY SUBDIVISION as recorded in Plat Book 1, Page 116, Public Records of Hillsborough County, of which Pinellas County was formerly a part, LESS AND EXCEPT the right-of-way for U.S. Highway 19. [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Exhibit "A" [INSERT SKETCH AND LEGAL DESCRIPTION] [TO BE REPLACED WITH AS -BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE RECORDING] [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 STATE OF COUNTY OF (name of member, manager, officer or agent, title of member, manager, officer or agent), of TARPON SQUARE ASSOCIATES, whom, being duly authorized does depose and say: : ss AFFIDAVIT OF NO LIENS 1. That TARPON SQUARE ASSOCIATES 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 In the presence of: taw &AA) WITNESS signature bole &e aa) Print Witness Name WITNESS signature Print Witness Name TARPON SQUARE ASSOCIATES Print Name: bit, Ve5 F ftrk4 Title: /r�de?� 4.... J 9 The foregoing ins umen was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this ' j 0.2- (date) by 'R9Cs i' F. A tore A manager (or agent) on + ehalf of ARPON SQUA - E ASSOCIATES, a Florida Association. He/she is personally known to me or has produced L as identification. �� ue, MARY MURPHY Commission # HH 010439 * " ' Expires June 15, 2024 NoF , Baked Thu Budget NotarysMvker [GM 15-2064-066/258069/1 ] GM 15-2064-066/257077/1 Signature of peaking acknowledg Name typed, printed or stamped Title or rank Serial number, if any