POSITRON 8 LLCReturn to:
Clearwater Gas System
777 Maple St.
Clearwater, FL 33755
Parcel 1. D. No. 09-29-15-02718-000-0150
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023108260 04/2712023 08:31 AM
OFF REC BK: 22420 PG: 630-638
DocType:EASEMENT RECORDING: $78.00
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, POSITRON 8 LLC, a Florida Limited
Liability company whose principal address is PO BOX 4929 CLEARWATER FL 33758-4929 ("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 806 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.
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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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IN WITNESS WHE4gOF, the undersigned Grantor has caused these presents to be duly executed this
�-3 day of ('7.l �L w , 2023.
7
Signed, sealed, and delivered
In the presence of:
efir
— •i, I/
WITNESS signature
eS
Print Witness Name
4/1144c4AA
WITNESS signature
Print Witness Name
POSITRON 8 LLC
B
Print Name L /7*.5/ef
Title: 141 a -t
STATE OF 0, (2'(t CL4. :
ss
COUNTY OF ,(;\ II Pa bt. s
The foregoing instrumqnt was acknowledged before me by means of ❑ physical presence or ❑
online notarization, thisa(d3 1,k) ? (date) by ,S-i-e-af L-• (fet-Cf eS
(name of member, manager, officer or agent, title of member, manager, officer or' a•en •f POSITRON 8
LLC, a Florida limited liability company, on behalf of the company, o is personally known to or has
produced as identification.
.;M••;,, SONDRA BERMAN
Notary Public -State of Florida
'•o� •' Commission # HH 40709 MyC
�u� ��•.� Commission Expires
%?
September 09, 2024
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(1 "7-}a046t.o el'eA/Vn'e"
Signature of person taking acknowledgment
Name typed, printed or stamped
Nig ftp --i c
Title or rank
Serial number, if any
Exhibit "A"
(Legal Description of Property)
Lot 15, Sue Barco Subdivision, a subdivision according to the plat thereof recorded in Plat Book 1, Page 26, of the
Public Records of Pinellas County, Florida.
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Exhibit "A"
Marina Bay Townhomes — Gas Easement
Parcel I. D. No. 09-29-15-02718-000-0150
806 N OSCEOLA AVE CLEARWATER FL 33755
5' wide Gas
easement
granted to CGS
Parcel ID# 09-
29-15-02718-
000-0150
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LEGAL DESCRIPTION AND SKETCH
EXHIBIT A
DESCRIPTION:
A portion of the lands described in Official Records Book 21568, Page 1396 of the Public Records of Pinellas County, Florida, being a part of
Lot 15 of SUE BARCO SUBDIVISION, a subdivision per Plat Book 1, Page 26 of said Public Records, lying within Section 9, Township 29
South, Range 15 East, Pinellas County, Florida, being more particularly described as follows:
COMMENCE at the Northeast corner of said Lot 15; THENCE run Southwesterly along the Westerly Right of Way line of North Osceola
Avenue, a 40 foot Right of Way also known as Osceola Street per said SUE BARCO SUBDIVISION, S15°59'23"W a distance of 4.53 feet to the
POINT OF BEGINNING; THENCE continue Southwesterly along said Westerly Right of Way line, S15°59'23"W a distance of 5.07 feet to a
point; THENCE departing said Westerly Right of Way line, run N64°33'13"W a distance of 31.36 feet to a point; THENCE run N75°04'54"W a
distance of 59.69 feet to a point; THENCE run N80°12'20"W a distance of 8.84 feet to the West line of said Lot 15, also being the Southerly line
of Lot 2 of A REPLAT OF MARINA BAY MASTER CONDOMINIUM, a Land Condominium per Condo Book 164, Page 48 of said Public
Records; THENCE run Northeasterly along the Westerly line of said Lot 15 and along the Southerly line of said Lot 2, N16°19'00"E a distance
of 1.26 feet to the Northerly line of said Lot 15, also being the Southerly line of said Lot 2; THENCE departing the Westerly line of said Lot 15,
continuing along the Southerly line of said Lot 2, run Southeasterly along the Northerly line of said Lot 15, S77°02'21 "E a distance of 78.87 feet
to a point, said point bearing N77°02'21'W a distance of 20.66 feet from the POINT OF COMMENCEMENT; THENCE departing the Northerly
line of said Lot 15 and the Southerly line of said Lot 2, run S64°33'13"E a distance of 20.92 feet the POINT OF BEGINNING.
The above described parcel of land contains 261 square feet, more or less.
THIS IS NOT A SURVEY
JOHN BELAND, PSM DATE
FLORIDA CERTIFICATE No. 7004
McKIM & CREED, INC.
Note: Not Veld without the original signature and embossed seal, or the
digital seal and signature, of a Florida licensed surveyor and mapper.
.\Clerraiater Gas System
)thGas
a Greener
L
PREPARED BY: 11
vIMc KIMle &CREED
Tempe, FL 33624
Phone (813) 5493740
Business Connote*. LB 7917
BY
DATE
DRAWN
J.BELAND
3/21/23
MARINA BAY CONDOMINIUMS
GAS LINE EASEMENT
Project #: 03288-0004,
13SURV
REVISION
BY
DATE
CHECKED
E.CODY
3/21/23
PID 09-29-15-02718-000-0150
ORB 21568, PAGE 1396
SHEET 1 OF 2
FILE PATH = I:\03288\0004\Geomatics\13SURV\92-C3D\04-S&D\03288-0004_13SURV.dwg
PLOT DATE = 3/21/2023 1:13 PM
EXHIBIT A SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST
0 10 20
GRAPHIC SCALE 1" = 20'
CLEARWATER TIDES, LLC
PID#09-29-15-55249-000-0020
(ORB 21873, PAGE 1685)
LOT 2
A REPLAT OF MARINA BAY
MASTER CONDOMINIUM
CB 164, PAGE 48
W LINE OF LOT 15, ALSO IN80012l2OlW
BEING THE S LINE OF LOT 2 8.84'
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 West Right of
Way line of North Osceola Avenue, having a
bearing of S15°59'23"W, 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.
ABBREVIATIONS:
CB -
LB -
ORB -
PB -
PID# -
PSM -
R/W -
SQ FT -
CONDO BOOK
LICENSED BUSINESS
OFFICIAL RECORDS BOOK
PLAT BOOK
PARCEL IDENTIFICATION NUMBER
PROFESSIONAL SURVEYOR & MAPPER
RIGHT OF WAY
SQUARE FEET
THIS IS NOT A SURVEY
POSITRON 8, LLC
PID#09-29-15-02718-000-0150
(ORB 21568, PAGE 1396)
LOT 15
SUE BARCO SUBDIVISION
PB 1, PAGE 26
EASEMENT CONTAINS ±261 SQ FT
N LINE OF LOT 15, ALSO
BEING THE S LINE OF LOT 2
W R/W
N75°04'54"W
N16°19'00"E
1.26'
,L8'8L a,JiZ4ZO°LLS
CLEARWATER TIDES, LLC
P1D#09-29-15-55249-000-0020
(ORB 21873, PAGE 1685)
LOT 2
A REPLAT OF MARINA BAY
MASTER CONDOMINIUM
CB 164, PAGE 48
M
1-4
S15°59'23"W
5.07'
POINT OF BEGINNING
(BEARING BASIS)
S15°59'23"W
4.53'
N OSCEOLA AVENUE
(40' R/W ALSO KNOW AS OSCEOLA
STREET PER PB 1, PAGE 26)
°;:.,\Clearwater Gas System
tLi e Greener
ithGas
S64°33'13"E
20.92'
N77°02'21 "W
20.66'
W
POINT OF
COMMENCEMENT
NE CORNER OF LOT 15,
PB 1, PAGE 26
This legal description and sketch is incomplete
without the signed and sealed legal description.
PREPARED BY:
„Ilk
McKIdM&CREED
3903 ulevard, Suite 115E
Tampa, FL 33624
Phone (813) 549-3740
Business Certificate: LB 7817
BY
DATE
DRAWN
J.BELAND
3/21/23
MARINA BAY CONDOMINIUMS
GAS LINE EASEMENT
Project #: 03288-0004,
13SURV
REVISION
BY
DATE
CHECKED
E.CODY
3/21/23
PID 09-29-15-02718-000-0150
ORB 21568, PAGE 1396
SHEET 2 OF 2
FILE PATH = I:\03288\0004\Geomatics\13SURV\92-C3D\04-S&D\03288-0004_13SURV.dwg
PLOT DATE = 3/21/2023 1:13 PM
AFFIDAVIT OF NO LIENS
STATE OF r oni
ss
COUNTY OF �i��l��"�S :
S+V 1it^, L • (- P) i Ma -110- , (name of member, manager, officer or agent, title
of member, manager, officer or agent), of ITRON 8 LLC, whom, being duly authorized does depose
and say:
1. That POSITRON 8 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.)
/OL
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.)
AANE
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:
WITNESS signature
(G-.
Print Witness Name
r
WITNESS signature
So' lk--rCt., J.l-trOu1 c'1
Print Witness Name
"les
aCIAAlutv
STATE OF 0.0 (t CUL.
n ss
COUNTY OF i t A L I( A.5 :
POSITRON 8 LLC
B
Print Namej$4 Vfm.' G`
Title: 471 1 ci-4 �t
J
The foregoing ins rument was acknowledged before me by means of f�physical presence or ❑
online notarization, this 4- 3 (date) by ....c -t- Fi ✓`e I1 1-- I-1-69 es ,
(name of member, manager, o icer or agent, title of member, mans er, officer or agent), of POSITRON 8
LLC, a Florida limited liability company, on behalf of the company, who is personally known to mor has
produced as identification.
;:,,�PU,, SONDRA BERMAN
:Notary Public -State of Florida
=Sql '���•= Commission # HH 40709
'�i;'aFI My Commission Expires
""`F Sbptember 09. 2024
[GM15-2064-066/258069/11 GM15-2064-066/257077/1
�71i ti't, 4/4701 -4 -'r1/4 --i
Signature of person taking acknowledgment
SJ n LC_ tcL eje,if n
Name typed, printed or stamped
No4-tA--rj
Title or rank
Serial number, if any