GRANT OF EASEMENTThis instrument was prepared by and
following recording is to be returned to:
Jeffrey T. Bankowitz, Esquire
Lowndes, Drosdick, Doster,
Kantor & Reed, P.A.
215 North Eola Drive
Orlando, Florida 32801
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2011126865 05/12/2011 at 04:18 PM
OFF REC BK: 17248 PG: 2591-2596
DocType:EAS RECORDING: $62.50
GRANT OF EASEMENT
THIS GRANT OF EASEMENT ("Easement's is hereby made this 19th day of
January , 2011, by H/A Partners, Ltd., a Florida limited partnership with an address of
5550 W. Executive Drive, Suite 550, Tampa, FL 33609 ("Grantor"), to the City of Clearwater
(d/b/a Clearwater Gas System), a Florida Municipal Corporation, with an address of 400 N.
Myrtle Avenue, Clearwater, FL 33755 ("Grantee').
Witnesseth:
WHEREAS, Grantor is the fee simple owner of certain real property within the
commercial development more commonly known as Brooker Creek North Corporate Center; and
WHEREAS, Grantee desires to install natural gas transmission pipes and other facilities
within the Easement Area (as defined below) in order to serve the improvements located on LOT
5, BROOKER CREEK NORTH, according to the Plat thereof as recorded in flat Book 129,
Pages 74 through 78, Public Records of Pinellas County, Florida; and
WHEREAS, Grantor has agreed to allow the installation of such facilities within the
Easement Area in accordance with the terms and conditions of this Easement.
NOW, THEREFORE, in consideration of the foregoing premises, payment of the sum
of One Dollar ($1.00) by Grantee to Grantor, and other good and valuable considerations, the
receipt and sufficiency of which are is hereby acknowledged, 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
easement ten (10) feet in width (five (5) feet on either side of the centerline of any Facilities
(defined below) installed by Grantee), in perpetuity on, over, under, across and through the real
property lying within ten feet of the paved right of way known as Brooker Creek Boulevard as
more particularly shown on the attached Exhibit "A" to this Easement (which Exhibit is
incorporated herein as fully as though set forth at length, the "Easement Area"), 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 (the "Facilities"); 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. 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.
3. 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 all
buildings, 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.
4. 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.
5. This Easement shall not be changed, altered or amended except 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.
d. 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.
Grantee, to the extent allowed by Florida Statute 768.28, agrees to indemnify and hold Grantor
harmless from claims for personal injuries, death or property damage and any and all losses,
liens, damages, charges or expenses, including attorneys fees, which arise out of, in connection
with, or by reason of the use or occupancy of the easement by Grantee other than those arising
from the negligence of the Grantor.
7. This Easement shall be governed by and construed in accordance with the laws of
the State of Florida.
8. Upon the installation of the Facilities, Grantee as its sole cost and expense shall
promptly obtain a legal description and sketch of the actual Easement Area prepared by a
licensed Florida land surveyor which such information shall replace the attached Exhibit "A" and
shall be recorded in the form of an amendment to this Easement. In the event Grantee fails to
promptly provide such information, Grantor may obtain the same and Grantee shall be
responsible for reimbursing Grantor the costs associated therewith.
0005723\110299\1330959\4
IN WITNESS WHEREOF, the undersigned with fully authority to do so, has caused this
Easement to be executed as of the date and year first set forth above.
Signed, sealed and delivered
in the presence of
Print Name": ga v ?a r ^
Print f-0 a t" 2 47
STATE OF FLORIDA )
)ss:
COUNTY OF 1 r
H/A Partners, Ltd., a Florida limited
partnership
By: Harrod Properties, Inc., a Florida
corporation, its sole general partner
rint Zcio It
s: ACKNOWLEDGMENT
On this I q ? day of 1h(t4 V'4 _ 2011- before me_ the undersigned
notarypublic personally appeared A r d r r as
?E 0 (ti e) of Harrod Properties, Inc., a Florida corporation, the
sole general partner of H/A Partners, Ltd., a Florida limited partnership, peraQnWly-knQmaLto me
to be the person who subscribed to the foregoing instrument or who has produced
t"1 Pc , as identification, and acknowledged that he/she executed the same, for
the purposes stated therein with due authority to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official Wal.
LYNN BOYER
10N # DD863325
28, 2013
May
gervlos.aom
=30-01?i,,
NOTARY PUBLIW STATE OF FLORIDA
Print Name: De bor'a ?t L nkx I - erg
Commission No.: I g(o 3
My Commission Expires: S r 3
0005723\1 10299\1330959\4
Exhibit "A"
Easement Area
0005723\110299\1330959\4
SHEET NO. I OF 2
aESCRIPTION SKETCH
( NOT A BOUNMARY SURVEY )
10' CLEARWATER GAS EASEMENT
DESCRIPTION: A strip of land 10 feet wide, being a portion of BROOKER CREEK
BOULEVARD (TRACT 1), as shown on the plat of BROOKER CREEK NORTH, recorded in
Plat Book 129, Pages 74 through 78, inclusive, of the Public Records of Pinellas County,
Florida, and lying 5.00 feet on either side of the following described centerline:
Commence at the Northeasterly corner of Lot 5, of said BROOKER CREEK NORTH, run
thence along the Easterly boundary of said Lot 5, also being the Westerly right-of-way line of
the aforesaid BROOKER CREEK BOULEVARD (TRACT 1), S.21 °08'55"W., 199.58 feet to the
POINT OF BEGINNING; thence S.68051'05"E., 11.79 feet; thence S.21 °08'55"W., 34.31 feet
to a point of curvature; thence Southerly, 90.11 feet along the arc of a curve to the left having a
radius of 605.00 feet and a central angle of 08°32'02" (chord bearing S.16°52'54"W., 90.03
feet) to a point of compound curvature; thence Southerly, 29.60 feet along the arc of a curve to
the left having a radius of 140.00 feet and a central angle of 12°06'53" (chord bearing
S.06033'26"W., 29.55 feet) to a point of tangency; thence S.00°30'00"W., 40.31 feet to a point
of curvature; thence Southerly, 82.03 feet along the arc of a curve to the left having a radius of
200.00 feet and a central angle of 23°30'00" (chord bearing S.11°15'00"E., 81.46 feet) to a
point of tangency; thence S.23°00'00"E., 25.52 feet to a point of curvature; thence
Southeasterly, 26.18 feet along the arc of a curve to the left having a radius of 200.00 feet and
a central angle of 07°30'00" (chord bearing S.26045'00"E., 26.16 feet) to a point of tangency;
thence S.30030'00"E., 23.98 feet; thence S.46000'00"E., 15.41 feet; thence S.37000'00"E.,
10.26 feet to a point on the Southerly boundary of the aforesaid BROOKER CREEK NORTH,
also being the Northwesterly right-of-way line of FOREST LAKES BOULEVARD, as recorded in
Official Records Book 10361, Page 1347, of the Public Records of Pinellas County, Florida,
said point also being the POINT OF TERMINATION.
The side lines of said 10 foot wide strip to be extended and foreshortened to meet at all angle
breaks and at the aforesaid Easterly boundary of Lot 5, also being the Westerly right-of-way
line of BROOKER CREEK BOOULEVARD, and also at the aforesaid Southerly boundary of
BROOKER CREEK NORTH, also being the Northwesterly right-of-way line of FOREST LAKES
DRIVE.
CURVE DATA TABLE
N0. RADIUS DELTA ARC TANGENT CHORD BEARING
1 605.00 08'32'02" 90.11 45.14 90.03 S.1652'54W.
2 140.00 1708'53" 29.60 14.86 29.55 S.06'33'26'W.
3 200.00 23'30'00' 82.03 41.60 81.46 S.11' 15'00"E.
4 200.00 0730'00" 26.18 13.11 26.16 S.2F45'00"E.
NOTE: See Sheet No. 2 for Sketch.
Last Data of Field Survey 03/07/11
This Watch Prepared For C/earwater Gas 5 t&M
REVISIONS su?vm Ch1wron o bgTE
Description Dote Dwn. Ck'd P.C. Order No. This cvtirip thata hw? dpckinimmiropedy ica GeoPoint
under pry and n? tOniekym Technical
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Surveying, Inc.
1403 E. 5th Avenue Phone: (813) 248-8888
Tampa, Florida 33808 Fax: (813) 248-2288
Jack prim r - _WGeopointeurvey.com Lfe„a,a amim Nu,6? IB 7788
MAPPER $506 - Drown:JMG Checked: SEC P.C.: CF Deter Wedrer
YAUD WI1NDUr THE m9 "ME DRIGN& Date: 03/07/11 Dwg:CGA3-ADS order No: FGE-M°r001
RAISED SELL OF 86-LICENSkT) SURVEYOR AND MAPPER Section 12. TownshlD 213 South. Rana, 18 East
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SHEET NO. 2 OF 2
MESCF11PTION SKETCH
( NOT A BOUNDARY SURVEY)
POINT OF COMMENCEMENT ¢`' X 0,( / A%rl` e r
Northeasterly corner of Lot 5 4? /
N gg% I O O?OI
1,,1 0/
3 8 j9?SpF 0 ???/ ?? O?
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POINT OF BEGINNING 21 OS'5p"W.
/34.31
Easterly boundary of Lot 5-? f
also Westerly Right-of-way / /
line of BROOKER CREEK / 1!% C
BOULEVARD (Tract 1) ! PROPOSED
ms's 7 O' GAS EASEMENT
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10.26'
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NOTE: See Sheet No. 1 for Legal Description and curve data.
Last Dote of Fisk Survq. 03107,
This SKetch Prepared For.
POINT OF TERMINATION
BASIS OF BEARINGS: For the purposes
of this Sketch, the Easterly boundary
of Lot 5, of BROOKER CREEK NORTH,
has a platted bearing of S.21'08'55"W.
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RAISED SEAL OF r -LICENSED SURVEYOR AND MAPPER
GeoPlodlnot
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1403 E. 5th Avenue Phone: (813) 248-8888
Tempe, Florida 33805 Fax: (813) 248-2258
www.geopointsurvey.com Lkeneed Buibm Number LB 77ee
Checked: SEC P.C.: CF beta broker
Dwa: CGA5-D3 Order No.: FGE-MS-001