VC CLEARWATER SENIOR HOUSING LTDReturn to: err 1 ow LG.Yiq 1 Ile
Clearwater Gas System s.!
777 Maple St.
Clearwater, FL 33755
Parcel I. D. No. 33-28-16-00000-220-0100
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023255881 10/04/2023 04:59 PM
OFF REC BK: 22585 PG: 2691-2700
DocType:EASEMENT RECORDING: $86.50
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, VC CLEARWATER SENIOR HOUSING
LTD, a Florida Association whose principal address is 3030 HARTLEY RD STE 310 JACKSONVILLE FL
32257-8213 ("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 2425 N MCMULLEN BOOTH RD, CLEARWATER FL 33759
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.
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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
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173WITNESSINliEREOF, the undersigned Grantor has caused these presents to be duly executed this
�h day of reitxtA ar, 2023.
Signed, sealed, and delivered
In the presence of.
0
TN SS signature
TCLAA' U#46 ;'54f.t2p
Print Witness Name
vviTNESS signature�
At/e-- /4(
;§'
Print Witness Name
STATE OF�
COUNTY OF ba -1
: S8
VC CLEARWATER SENIOR HOUSING LTD
Print Name:
Title: Ni.:?
The foregoing instru en was acknowledged before me by means of iiphysical presence or E
online notarization, this 3 /,;20.3 (date) by M 1 (io. .- Wt8Ys an ,
(name of member, manager, officer or agent, title of member, manager, offic& or agent), of VC
CLEARWATER SENIOR HOUSING LTD, a Florida limited liability company, on behalf of the company,
who is personally known to me or has produced as identification.
Signature of person taking acknowledgment
Name typed, printed or stamped
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Title or rank
Serial number, if any
Exhibit "A"
Legal Description of Property
PART OF NW 1/4 OF NW 1/4 OF SEC 33-28-16 DESC BEG SE COR OF OAKBROOK ESTATES PER
PLAT BK 118, PGS 47 & 48 TH N00D01'46"E 464.95FT ALG E BNDRY LINE OF SD OAKBROOK
ESTATES TH N89D 55'05"E 610.23FT TO W R/W OF MCMULLEN BOOTH RD TH S00D22'55"W
206.02FT TH S00D06'03"E 261.55FT TH N89D50'10"W 609.56FT TO POB CONT 6.52AC(C)
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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 21787, Page 500 of the Public Records of Pinellas
County, Florida, lying within Section 33, Township 28 South, Range 16 East, Pinellas County, Florida, being more particularly described as
follows:
COMMENCE at the Southeast corner of OAKBROOK ESTATES, a subdivision as recorded in Plat Book 118, Page 47 of said Public Records;
THENCE run Easterly along the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 33, S89°49'49"E a distance of 212.32 feet to
a point on a line parallel with and 5.00 feet Westerly of the Northerly projection of the East Right of Way line of Barton Lane, a 60.00 foot public
Right of Way per SHADY OAKS FARMS, a subdivision as recorded in Plat Book 80, Page 95 of said Public Records, said point also being the
POINT OF BEGINNING; THENCE departing the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 33, run Northerly along said
5.00 foot Westerly parallel line, N00°07'56"E a distance of 15.54 feet to a point; THENCE departing said 5.00 foot Westerly parallel line, run
S86°55'56"E a distance of 131.67 feet to a point; THENCE run S89°45'06"E a distance of 147.30 feet to a point; THENCE run N88°47'38"E a
distance of 118.41 feet to the Westerly Right of Way line of McMullen Booth Road, a 200 foot public Right of Way per Official Records Book
8128, Page 288 of said Public Records; THENCE run Southerly along said Westerly Right of Way line, S00°06'51"E a distance of 5.00 feet to a
point, said point bearing N00°06'51"W a distance of 6.52 feet from the intersection of said Westerly Right of Way line and the South line of the
Northwest 1/4 of the Northwest 1/4 of said Section 33; THENCE departing said Westerly Right of Way line, run S88°47'38"W a distance of
118.38 feet to a point; THENCE run N89°45'06' W a distance of 147.49 feet to a point; THENCE run N86°55'56"W a distance of 126.53 feet to the
aforesaid Northerly projection of the East Right of Way line of Barton Lane; THENCE run Southerly along said Northerly projection, S00°07'56"W
a distance of 10.28 feet to the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 33; THENCE departing said Northerly
projection, run Westerly along the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 33, N89°49'49"W a distance of 5.00 feet to
the POINT OF BEGINNING.
The above described parcel of land contains 0.05 acres (2,039 square feet), more or less.
THIS IS NOT A SURVEY
John J
Beland
Digitally signed by John J
Beland
DN: c=US, o=MCKIM AND
CREED,
d n Q u a l i fi a r=A01410 C 0000018
A4BAEC9A50000A9D5,
cn=John J Beland
Date: 2023.09.15 08:54:52
-04'00'
JOHN BELAND, PSM DATE
FLORIDA CERTIFICATE No. 7004
McKIM & CREED, INC.
Note: Not Valid without the original signature and embossed seal, or the
digital seal and signature, of a Florida licensed surveyor and mapper,
-ar Gas System
L' a Greener
rthGas
PREPARED BY:
4v McKIaM&CREED
te 115E
Tampa, 3 FL 336le 24
Phone (8131 549-3740
Business Certificate LB 7917
BY
DATE
DRAWN
JJB
9/12/23
2425 MCMULLEN BOOTH ROAD
GAS LINE EASEMENT
Project #: 03288-0004,
17SURV
REVISION
BY
DATE
CHECKED
DJR
9/15/23
PID 33-28-16-00000-220-0100
ORB 21787, PAGE 500
SHEET 1 OF 3
FILE PATH = I:\03288\0004\Geomatics\17SURV\92-C3D\04-S&D\v0\03288-0004_17SURV v0.dwg
PLOT DATE = 9/15/2023 8:54 AM
EXHIBIT A SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST
0
50
100
GRAPHIC SCALE 1" = 1
SECTION 33
TOWNSHIP 28 SOUTH
RANGE 16 EAST
PINELLAS COUNTY
PID 33-28-16-00000-220-0100
VC CLEARWATER SENIOR
HOUSING, LTD.
(ORB 21787, PAGE 500)
POINT OF COMMENCEMENT
SE CORNER OF OAKBROOK ESTATES,
PER PB 118, PAGE 47
SLINE OFTHE NW 1/4 OF
THE NW 1/4 OF SECTION 33
POINT OF BEGINNING
INTERSECTION OF THE S LINE OF THE NW 1/4 OF THE
NW 1/4 OF SECTION 33 AND A LINE PARALLEL WITH
AND 5.00' W OF THEE R/W OF BARTON LANE
EASEMENT CONTAINS
±0.05 ACRES (2,039 SQ FT)
BARTON LANE
(60.00' R/W PER SHADY OAKS FARMS,
PB 80, PAGE 95)
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.
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 South line of the Northwest 1/4 of the Northwest 1/4 of
Section 33, Township 28 South, Range 16 East, having a
bearing of S89"49'49"E, is referenced as the Bearing Basis
for this Sketch and Description.
3. Instruments of record shown hereon are referenced to the
Public Records of Pinellas County, Florida.
4. Certified to Clearwater Gas Systems.
THIS IS NOTA SURVEY
ABBREVIATIONS:
LB - LICENSED BUSINESS
No. - NUMBER
ORB - OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PID - PARCEL IDENTIFICATION NUMBER
PSM - PROFESSIONAL SURVEYOR & MAPPER
RNV - RIGHT OF WAY
SQ FT - SQUARE FEET
This legal description and sketch is incomplete
without the signed and sealed legal description.
VClearwa►er Gas System
tia Greener
4
khGas
PREPARED BY:41
v,MCKIM&CREED
Tampa, FL 33624
Phone (813) 948-37 0
Bueineaa Certificate. LB 7917
BY
DATE
DRAWN
JJB
9/12/23
2425 MCMULLEN BOOTH ROAD
GAS LINE EASEMENT
Project #: 03288-0004,
17SURV
REVISION
BY
DATE
CHECKED
DJR
9/15/23
PID 33-28-16-00000-220-0100
ORB 21787, PAGE 500
SHEET 2 OF 3
FILE PATH = I:\03288\0004\Geomatics\17SURV\92-C3D\04-S&D\v0\03288-0004_17SURV v0.dwg
PLOT DATE = 9/15/2023 8:54 AM
EXHIBIT A SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST
0 15 30
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OP. ' s"
PID 33-28-16-00000-220-0100 GRAPHIC SCALE 1" - 30'
VC CLEARWATER SENIOR
POINT OF COMMENCEMENT HOUSING, LTD.
SECTION 33
21787, PAGE 500 TOWNSHIP 28 SOUTH
SE CORNER OF OAKBROOK ESTATES, )
PER PB 118, PAGE 47 RANGE 16 EAST
S LINE OF THE NW 1/4 OF PINELLAS COUNTY
THE NW 1/4 OF SECTION 33
(BEARING BASIS)
S89°49'49"E 212.32'
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ABBREVIATIONS:
LB - LICENSED BUSINESS
No. - NUMBER
ORB - OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PID - PARCEL IDENTIFICATION NUMBER
BARTON LANE
PSM - PROFESSIONAL SURVEYOR & MAPPER
R/W - RIGHT OF WAY
SQ FT - SQUARE FEET
—4--
(60.00' R/W PER SHADY
OAKS FARMS,
3 PB 80, PAGE 95)
.
1
O
w1
4
in
(x
H
I
— A LINE PARALLEL WITH PID 33-28-16-00000-220-0100
AND 5.00' W OF E R/W OF
BARTON LANE VC CLEARWATER SENIOR SECTION 33
HOUSING, LTD. TOWNSHIP 28 SOUTH
RANGE 16 EAST a
(ORB 21787, PAGE 500) x
EASEMENT CONTAINS PINELLAS COUNTY v
FIM
S86°55'56"E 131.67 ±0.05co
ACRES (2,039 SQ FT)
S894
° 5'06"E 147.30'
N86°55'56"W 126.53'
N89°45'06"W 147.49'
O
N
L3
N PROJECTION OF E R/W
OF BARTON LANE S LINE OF THE NW 1/4 OF
THE NW 1/4 OF SECTION 33
Line Table
POINT OF BEGINNING
INTERSECTION OF THE S LINE OF THE NW 1/4 OF THE
Line #
Length
Direction
NE
NW 1/4 OF SECTION 33 AND A LINE PARALLEL WITH
L1
15.54'
N00°07'56"E
SHADY
IS
\1
AND 5.00' W OF THEE R/W OF BARTON LANE
L2
10.28'
S00°07'56"W
95)
I
L3
5.00'
N89°49'49"W
I
O
(°:i PID 33-28-16-00000-220-0100 SECTION 33
VC CLEARWATER SENIOR TOWNSHIP 28 SOUTH
RANGE 16 EAST
I EASEMENT CONTAINS HOUSING, LTD. PINELLAS COUNTY
±0.05 ACRES (2,039 SQ FT) (ORB 21787, PAGE 500)
S00°06'51"E
I
00
3 N
O+
i)
I ELj
5.00'
S89°45'06"E 147.30' N88°47'38"E 118.41'
N89°45'06"W 147.49' S88°47'38"W 11838'
°`
�a
w
`33
o
N
THIS
wi N00°06'51"W 6.52'
I SLINE OFTHE NW 1/4 OF
THE NW 1/4 OF SECTION 33
I
IS NOT A SURVEY This legal description and sketch is incomplete
-ap�
o
rsi
without the signed and sealed legal description.
,...N.,`CteanaterGasS tem
Y`i• e Greener
'"Gas
PREPARED BY,
v McKIM&CKEED
V 3903 NeMtlele Boulevard, Suite 115E
Tampa, FL 33624
Phone (613) u9-3740
Business 37rtificate: LB 7917
BY
DATE
2425 MCMULLEN BOOTH ROAD
GAS LINE EASEMENT
Project #: 03288-0004,
17SURV
DRAWN
JJB
9/12/23
PID 33-28-16-00000-220-0100
ORB 21787, PAGE 500
SHEET 3 OF 3
CHECKED
DJR
9/15/23
REVISION
BY
DATE
Exhibit "A"
[INSERT SKETCH AND LEGAL DESCRIPTION]
[TO BE REPLACED WITH AS -BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE
RECORDING]
Parcel Number
33-28-16-00000-220-0100
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NOTES:
1 5,40.411100.16 NOT,
naiSTC041.0 an Or. CL.
AFFIDAVIT OF NO LIENS
STATE OF
: ss
COUNTY OFDt.W* .•
1.0\ ' �L'
«<`�M L• �1�q a� t .Q (45 i r 1 (name of member, manager, officer or agent, title
of member, manager, officer o1ragent), of VC CLEARWATER SENIOR HOUSING LTD, whom, being duly
authorized does depose and say:
1. That VC CLEARWATER SENIOR HOUSING LTD 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
e t , it will be deemed that "NONE" has been entered.)
NON s_
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 n e, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.)
IVpN42—
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.
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Signed, sealed, and delivered
In the presence of:
T ESS signature
.gbL*H;16)(4.i
Print Witness Name
WITNESS signature
/�/C 1644113
Print Witness Name
STATE OF r1L
COUNTY OF bG-t'
: ss
VC CLEARWATER SENIOR HOUSING LTD
By: \J &\
Print Name:
Title:
The foregoing instruirent was acknowledged before me by means of 112/physical presence or ❑
online notarization, this a 113 pta3 (date) by ivWq to
(name of member, manager, officer or agent, title of member, manager, offitr or agent), of VC
CLEARWATER SENIOR HOUSING LTD, a Florida limited liability company, on behalf of the company,
who is personally known to me or has produced as identification.
(YA 1'
Signature of person taking acknowledgment
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Title or rank
Serial number, if any