9773-24Docusign Envelope ID: 2FCO2FDE-2F33-4541-A86A-411A93C0721 F
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2024207136 08/15/2024 09:32 AM
OFF REC BK: 22893 PG: 1571-1577
DocType:GOV RECORDING: $61.00
ORDINANCE NO. 9773-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE NO. 9167-18, RECORDED IN O.R.
BOOK 20203, PAGES 1614, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 6, 2018, the City of Clearwater adopted Ordinance Number
9167-18 on second reading, recorded at Official Records Book 20203, page 1614, which
vacated certain right-of-way, subject to several conditions precedent; and
WHEREAS, the Property Owner subsequently conveyed an easement to the City over
a portion of property within the vacated right-of-way recorded at. Official Records Book 20878,
Page 1484 ("Easement 1"), and said Easement 1 was intended to cover the relocation of utilities
pursuant to the conditions precedent of the vacation ordinance; and
WHEREAS, during the construction of the Property, the City's stormwater pipe was
rerouted outside of the easement premises as contemplated in Easement 1; however, the water
and sewer systems were reconstructed in place such that all utilities are now located within the
footprint of the building; and
WHEREAS, as a result, the City staff negotiated another Easement Agreement
("Easement 2"), which accepts the current location of all City utilities, but assigns ownership of the
stormwater system located underneath the building to the Property Owner with the Property
Owner assuming maintenance of said system, and the City reserving the right to inspect and make
emergency repairs, and
WHEREAS, Easement 2 is further intended to pass all liability associated with all utility
systems on the Property that are located underneath the building to the Property Owner and their
heirs, successors, and assigns in perpetuity; and
WHEREAS, it is the intent of this Ordinance to Amend Ordinance Number 9167-18, so as
to reflect the terms of Easement 2, and to perfect the City's vacation of the subject right of way;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Paragraph 2 of Section 1 of Ordinance Number is hereby amended with the
following strikethrough language to be deleted, and the underlined language to be
added:
Wit„
"Utilities shall be maintained according to the terms and conditions of the Easement
Agreement attached to this Ordinance and incorporated herein as Exhibit "1".
Docusign Envelope ID:2FCO2FDE-2F33-4541-A86A-411A93C0721 F
Section 2. It is further determined by the City Council of the City of Clearwater that all
conditions precedent to the right of way vacation of Ordinance 9167-18, recorded O.R.
Book 20203, Page 1614, of the Public Records of Pinellas County, Florida, have been
met.
Section 3. Said Ordinance 9167-18 Legal & Sketch is attached as Exhibit "2".
Section 4. This Ordinance shall take effect immediately upon adoption.
Section 5. The City Clerk shall record this Ordinance in the Public Records of
Pinellas County, Florida, following adoption.
PASSED ON FIRST READING 7uly 15, 2024
PASSED ON SECOND AND FINAL
READING AND ADOPTED August 1, 2024
Signed by:
B58 713721 r ...
Bruce Rector
Mayor DS
Approved as to form: DoeuSigned by:
gned by:
,ItWo�, �iw�psow
eri'd2ffffib`d3Dn Rosemarie Call
Senior Assistant City Attorney City Clerk
Docusign Envelope ID:2FCO2FDE-2F33-4541-A86A-411A93C0721 F
Exhibit I
This Instrument Prepared By:
Jerrod D.Simpson, Esq.
City Attorney's Office
600 Cleveland Street,Suite 600
Clearwater,FL 33755
After Recording,return to:
Robert Kasmer, Real Estate Coordinator
Public Works
100 S.Myrtle Ave.
Clearwater,FL 33756
Parcel No. 07-29-15-52380-000-0710
Common Address: 385 S. Gulfview Blvd.Clearwater, FL
Recording Data Above
PRIVATE STORMWATER SYSTEM INSPECTION EASEMENT
The undersigned, Gulfview Lodging LLP, a Florida Limited Liability
Partnership, whose mailing address is 735 Broad Street., Suite 500,
Chattanooga, TN 37402 ("Grantor"), for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and convey unto the CITY OF
CLEARWATER, FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, whose address is 600 Cleveland St., Suite 600,
Clearwater, Florida 33755 (the "City"), and its successors and assigns, a perpetual
and irrevocable Private Stormwater System Inspection Easement upon the
following-described lands (the "Easement Area") located in Pinellas County, Florida:
See Exhibit"A" attached
The City of Clearwater holds an easement on the Subject Property for
drainage and public utilities including stormwater, water, and sewer, which is
recorded in Book 20878, Page 1484, of the Public Records of Pinellas County,
Florida (referred to herein as "Easement 1"). The City vacated Right-of-Way to
accommodate this development via Ordinance Number 9167-18, recorded at Book
20203, Page 1614, and said vacation was contingent upon the approved relocation of
Public Utilities at the Grantor's expense.
During the construction of the Property, the City's stormwater pipe was
rerouted outside of the easement premises as described in Easement 1. The City's
water and sewer utilities were reconstructed within the Easement Premises as
described in Easement 1; however, all utilities are now located within the footprint of
the building.
The purpose of this Agreement is for the City to approve the location of utilities
that were previously required to be located outside of the building by assigning the
ownership of the stormwater system to the Grantor, and the Grantor assuming all cost
and liability for locating all utilities within the footprint of the building. The Grantor
shall assume ownership of the stormwater utility systems located within the Property
and further agrees that the City has no obligation for maintenance, repair,
reconstruction, replacement or restoration with regard to this Private Stormwater
System.
Page 1 of 3
Docusign Envelope ID:2FCO2FDE-2F33-4541-A86A-411A93C0721 F
The City approves of the current location of utilities, subject to the terms and
conditions of this Easement Agreement ("Easement 2"). This Easement 2 is intended to
amend certain terms within Easement 1 and to fulfill the condition of relocating utilities as
stated in Ordinance 9167-18. In the event of conflict, Easement 2 shall supersede the
terms and conditions of Easement 1.
The Grantor agrees to perform periodic inspections, maintenance, and repair of
the Private Stormwater Utilities, according to industry standard practices and procedures.
Grantor shall take no action that would inhibit the flow of stormwater through the system.
Grantor shall provide the City with reasonable access to inspect the Private Stormwater
Utilities from time to time in order to determine whether or not said utilities are in a good
state of repair.
The Grantor agrees that, if the City or the Grantor determines that any of the
utilities on the Property, whether public or private, are no longer in a good state of repair,
or need to be relocated as a result of failure or imminent failure, orthe further development
or redevelopment of the Property, or as part of an upgrade to the City's utility systems,
which may be determined in the City's sole discretion, then the Grantor shall provide an
alternative easement for utility facilities on the Property, if necessary, and/or shall, at
Grantor's sole expense repair, reconstruct, or relocate the utility facilities in a manner as
approved by the City.
In the event of an emergency, to prevent damage to adjacent properties or the right
of way, the City may enter the Property and make emergency repairs, but such action
shall not create an ongoing obligation of the City to maintain the Private Stormwater Utility
Systems, and all work shall be at the Grantor's sole expense, which shall be due and
payable immediately upon completion of the emergency repair. Grantor shall be
responsible for restoration of the site, after the City completes emergency repairs.
The Grantor shall release, indemnify, and hold harmless the City from any and all
claims, past, present, or future, for any kind of damages that may occur in the operation
of utilities, and/or during the performance of maintenance, repair, replacement, or
restoration (including emergency repairs performed by the City) of any utilities located
within the Property.The obligations of this paragraph shall apply to both private and public
utilities at the Property.
Grantor further warrants that it is the owner in fee simple and that it has the
authority to enter into this Agreement. This Easement and all of its terms are perpetual,
non-revocable, and shall run with the land. The terms "City"and "Grantor" as used herein
shall include heirs, successors, and assigns as well as their respective employees,
contractors, agents, and representatives.
This Agreement is intended to relieve the City of all liability associated with the
location of utilities at the Property and shall be interpreted to further that purpose. in the
event, that any provision is found to be unenforceable, said provision shall be severed
from the Agreement leaving the remainder intact.
Page 2 of 3
Docusign Envelope ID:2FCO2FDE-2F33-4541-A86A-411A93C0721 F
Executed and effective as of this Dn day of gore , 2024.
Grantor:
Signed, sealed, and delivered Gulfview Lodging, LLP, a Florida limited
in the presence of: liabili artnership:
Wi s#1 Signature Grantor Signature
t z
S 8-i ;�c SVO Print Name and Title
►, o Jv
Print Witness# 1
Name and Address
Witness#2 Signature
Print Wtne s#2
Name and Address
STATE OF `T
COUNTY OF 1 ,1 fo in
The foregoing instrument was acknowledged before me by means of`9 physical presence
or ❑ online notarization, this --dav of Tvre 2024, by
wy,an be-C-01 o , to me ersonall k or who has/have produced a
driver's license as identification.
WITNESS my hand and official seal in the County and State last aforesaid this 11-- day
of v rz , 2024.
�� e11541t1111 tPgf ®!
Notary Public S TAT �
(Seal) sir c!
(Print Name of Notary Above) 4; -
Commission No.: n/ _ TC
My Commission expires: / t '; ..........0e,1o+4 C
�7�1/d/gdtYll}E4IbY16541n'1
E%PY6 ��.
Page 3of3
Docusign Envelope ID:2FCO2FDE-2F33-4541-A86A-411A93CO721 F
Exhibit A
J:\1033-SPC\Dwgs\LS\1033-SPC-LSOI-DE-UE.dwg - Jun 11, 2024 ®2:43prn - jondersen
THIS IS NQ1 A FIELD SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY
BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A
TITLE POLICY.
BEARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION
LEGAL DESCRIPTION: LEND:
CDR = CORNER
A parcel of land being a portion of that certain Vacated Right-of-Way of MDL - MORE OR LESS
GULFVIEW BOULEVARD, as recorded in Official Records Book 20203, Page 1614 of ORB = OFFICIAL RECORDS BOOK
the Public Records of Pinellas County, Florida, lying in Section 7, Township 29 PB = PLAT BOOK
South, Range 15 East, Pinellas County, Florida, being more particularly described POB = POINT OF BEGINNING
as follows: POC = POINT OF COMMENCEMENT /
R/W = RIGHT-0F-WAY
COMMENCE at the Southwest corner of LOT 71, according to the plot of THE
LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12, some
being the Southeast corner of that certain Vacated Right-of-Way as described SUBJECT PARCEL
in Official Records Book 20203, Page 1614, both of the Public Records of 521 SQUARE FEET OR
Pinellas County, Florida; thence N8346'33"W, along the South line of said 0.012 ACRES, MOL
Vacated Right-of-Way (being the basis of bearings for this legal description),
for 35.26 feet to the Southwest corner of said Vacated Right-of-Way, same
being the POINT OF BEGINNING; thence N13'08'41"E, along the West line of said LOT 70
Vacated Right-of-Way, for 46.58 feet; thence leaving said West line of that N UNE
OF ORB 20203,
certain Vacated Right-of-Way, 585'38'03"E, for 17.29 feet; thence N10'19'14"E PG 11614
for 15.15 feet to the point of intersection with the North line of said Vacated 1* �,
Right-of-Way, thence along said North line of that certain Vacated -J .
Right-of-Way, S76'51'19"E, for 10.01 feet. thence leaving said North line of that L3 a
certain Vacated Right-of-Way, S10'19'14"W for 23.67 feet; thence N85'38'03"W i ='
for 22.20 feet; thence S21'38'37"W for 37.74 feet to the POINT OF BEGINNING. ` Q
i sr
Containing 521 square feet or 0.012 acres, more or less. m 'irk
UNE TABLE a L7 l om
UNE BEARING LENGTH C14o 6S
Lt N83'46'33"W 35.26' to. VACATED R/W ORB 1�� LOT 71
20203, PG 1614 �v
L2 N13'08'41"E 46.58' ] o .CO /3�
2 THE
L3 S85'38'03"E 17.29' LLOYD-WHITE—SKINNER
L4 N10*19'14"E 15.15' 3 SI)IUHSION
PB 13, PG 12
L5 S76'51'19"E 10.01' POC
SW COR OF LOT 71
L6 S10*19'14"W 23.67' 0 l0 20 L1 SE COR ORB
S UNE OF 20203, PG 1614
L7 N85'38'03"W 2220' -�+ SW C� �� BEARS ASIS)
1614
L8 S21'38'37-W 37.74' 1� = 20' 20203, PG 1614 SIN WRMT
FIFTH AVENUE PER PLAT
NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND DESCRIBED HEREIN IS BASED ON THAT CERTAIN ALTA/NSPS LAND TITLE SURVEY
AND BOUNDARY SURVEY, TITLED "BEACH WALK INN HOTEL", PREPARED BY FLORIDA DESIGN CONSULTANTS, INC_, DATED 4-10-2023, JOB
#2021-0027, AND THE RECORD DOCUMENTS AS REFERENCED HEREON AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY.
PREPARED FOR:
GRACE CONSTRUCTION
SHEET DESCRIPTION:
PRIVATE STORMWATER SYSTEM INSPECTION EASEMENT
SCALE DATE: DRAWN: CALCED CHECKED: SEE SHEET 1 FOR LEGAL,DESCRIPTION
I"=20' 5-13-2024 JLA BGD BGD SFE SHEET 2 FOR`SKET��i; 54 LE,S do LEGEND
JOB Na: EPN: SECTION: TOWNSHIP: RANGE. REVISION 1:
2021-0027 1033-SPG 7 29S ISE
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17907 APRILE DRIVE. SUITE 150, LAND O' LAKES, FLORIDA 54090 LEdNSE RUMB£R LS 6971
PHONE:(SDO)552_I
FAX:(727)840-5548 WWW.FLDE3IGN.COti1 L.B.N0.8707 Sr 1 A9TE OF .hORIDA
®Copyright 2024 F=lorida Design Consultants.Inc Drawings and concepts may not be used or reproduced wf0aut written permission
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