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WEINGARTEN INVESTMENTS INCReturn to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758 -4748 Parcel I. D. No. 30- 28 -16- 18686- 000 -0050 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2014086891 03/27/2014 at 03:13 PM OFF REC BK: 18352 PG: 356 -359 DocType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 ITRAFFIC SIGNAL UTILITY EASEMENT 1 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, WEINGARTEN /INVESTMENTS, INC., a Texas corporation, authorized to conduct business in the State of Florida with a principal address of 2600 Citadel Plaza Drive, Houston Texas, 77008, as successor -in- interest to W.R.I. Countryside Centre, LLC ( "Grantor ") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ( "Grantee "), easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ( "Easement Premises "). This easement is for installation and maintenance of a traffic signal control cabinet, mast arm and mast arm foundation, related appurtenances and utility connections. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above - described premises to install and maintain therein the referenced utility control cabinet and related utility connections, and to inspect, repair, alter and /or replace same as it determines necessary from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any work activity undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. Nothing herein shall affect Grantor's right, nor that of its successors and assigns, and their invitees, to use the surface area of the Easement Premises for retail or shopping center purposes, including, but not limited to, pedestrian and vehicular ingress, egress, passage and parking, and the installation and maintenance of surface parking areas, roads, curbs, sidewalks, parking islands, gutters, lights and Tight standards, trees, plants, grass sod, and other landscaping, all of which shall be restored by Grantee, at Grantee's expense, upon completion of repair or maintenance of Grantee's facilities. In addition, nothing herein shall affect Grantor's right, nor that of its successors and assigns, to use the surface area of the Easement Premises for the location of that portion of the sign currently existing over, on and /or above the surface area of the Easement Premises, as such sign may be replaced and altered from time to time, and to use the surface of the Easement Premises for access to and from such portion of the sign for maintenance, alteration and replacement. No maintenance, repair, replacement, reconstruction, paving or similar types of activities, other than emergency maintenance and repairs shall be conducted by the Grantee from the period of November 1 through December 31 of any year that any portion of the shopping center operated by Grantor adjacent to the Easement Premises is open for business without the prior written consent of Grantor being obtained in advance of the commencement of any such work or similar types of activities. Grantee shall coordinate with Grantor in the scheduling of such work so as to minimize interference with the operation of the shopping center. The Remainder of this Page Intentionally Left Blank IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this /74-1_ day of cig,Q.v,4R..y , 2014. Signed, sealed and delivered in the presence of: WITNESS sign re C cv6, Print Witness Name SS signature Print Witness Na e STATE OF TEXAS COUNTY OF . A/M.,l S : ss WEINGARTEN /INVESTMENTS, INC. Print Name/Title Before me, the undersigned authority, personally appeared A.AW R. kDPOgD , as SR. (GE ti2aS IbE).jr of Weingarten /Investments, Inc., who, being duly authorized, executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his /her free act and deed for the use and purposes therein set forth, and who [ 4 is personally known to me, or who [ ] did provide as identification. Not .©'ublic - State offleridle-T-Eg. Type /Print Name My commission expires: 0.�.Trg CYNTHIA H MESUSAN 1 3'i 4.--'.1". i Notary Public, State of Texas ` I. :. "� My Commission Expires ,��Fiii ,,,„,,, March 20, 2014 Scale N. T.S. This is not a survey EXHIBIT "A" 41/04 Westfield Mall COUNTRYSIDE BOULEVARD 120' R/W Point of Beginning S89 °55'13 "E 68.00' N89 °55'13 "W N 00° 04' 47" E 25.00' LOT 8 N 89° 55' 13" W 68.00' S 00° 04' 47" W 25.00' A Traffic Signalization Utility Easement described as follows: Commence at the Northeast Comer of Lot 8, property described in the plat "Countryside Village Square" in Plat Book 92, Page 9, of the Public Records of Pinellas County, FL, also being a point on the South right -of -way line of Countryside Boulevard; thence N 89° 55' 13" W, along said South right -of -way line of Countryside Boulevard, a distance of 74.92 feet, to a POINT OF BEGINNING; thence S 00° 04' 47" W, a distance of 25.00 feet; thence N 89° 55' 13" W, a distance of 68.00 feet; thence N 00° 04' 47" E, a distance of 25.00 feet to a point on said South right -of -way line of Countryside Boulevard; thence S 89° 55' 13" E, along said South right -of -way line of Countryside Boulevard, a distance of 68.00 feet to the POINT OF BEGINNING, containing 1700 square feet, more or less. NORTH North R/W South R/W Point of Commencement Northeast Corner of Lot 8 LOT 5 Countryside Village Square Plat Book 92, Page 9 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT axn L. cheek T. Wholly ax 11/04/2013 TRAFFIC SIGNALIZATION UTILITY EASEMENT AT COUNTRYSIDE VILLAGE SQUARE s.o. owe Lg12013 -16 INLET 1 OF 1 SECT-LENS 30- 26S -16E STATE OF -7-Eki:15 COUNTY OF 14-14/u2/_5 AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared ALAN R. I`SFSF)FD4.D , as 512. Vice P/a i £EAir- of WEINGARTEN /INVESTMENTS, INC., a Texas corporation, authorized to conduct business in the State of Florida, as successor -in- interest to W.R.I. Countryside Centre, LLC, whom, being first duly sworn, does depose and say: 1. That said Weingarten /Investments, Inc. 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 ( "Easement Premises "). 2. That said property is now in the possession of the record owner. 3. That, to the undersigned's actual knowledge, 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 that will be paid during the normal course of business, except: (if none, enter "NONE ". If no entry, it will be deemed that "NONE" has been entered.) 4. That, to the undersigned's actual knowledge, there are no liens or encumbrances of any nature affecting the title of the Property, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, (list, or if none, insert "NONE ". If no entry, it will be deemed that "NONE" has been entered.). 5. That it is hereby warranted that, to the undersigned's actual knowledge, no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that 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, to the undersigned's actual knowledge, there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. Signed, sealed and delivered In the presence of: "401/2kSISL- WITNESS Sigiaature CAC k\a t b e, WITNESS Prinfed Name / WITNESS Signatu e LC- f‘-‘ at" `'\r--- WITNESS Print:ti Name WEINGARTEN /INVESTMENTS, INC. BY `1IA-- Ian R. Kofoed Vice president Print Name/Title Sworn to and subscribed to before me this iN day of d ,64.vAap No - Public - State of F4eritle'rti CYA-iJ//s4 . t rirS v5AA) Print/Type Name , 2014. My Commission Expires CYNTHIA H MESUSAN Notary Public. Siaie cn fir. +u. �.'•. \ ,.j My Commission E:: • :*s %',;;,;;;o4" March 20, 2014 Scale N. T.S. This is not a survey EXHIBIT "A" 41/04 Westfield Mall COUNTRYSIDE BOULEVARD 120' R/W Point of Beginning S 89° 55' 13" E 68.00' N 89° 55' 13" W N 00° 04' 47" E 25.00' LOT 8 N 89° 55' 13" W 68.00' 4. S 00° 04' 47" W 25.00' A Traffic Signalization Utility Easement described as follows: Commence at the Northeast Corner of Lot 8, property described in the plat "Countryside Village Square" in Plat Book 92, Page 9, of the Public Records of Pinellas County, FL, also being a point on the South right -of -way line of Countryside Boulevard; thence N 89° 55' 13" W, along said South right -of -way line of Countryside Boulevard, a distance of 74.92 feet, to a POINT OF BEGINNING; thence S 00° 04' 47" W, a distance of 25.00 feet; thence N 89° 55' 13" W, a distance of 68.00 feet; thence N 00° 04' 47" E, a distance of 25.00 feet to a point on said South right -of -way line of Countryside Boulevard; thence S 89° 55' 13" E, along said South right -of -way line of Countryside Boulevard, a distance of 68.00 feet to the POINT OF BEGINNING, containing 1700 square feet, more or less. _...11110II I II1h I I Ih... NORTH North R/W South R/W Point of Commencement Northeast Corner of Lot 8 LOT 5 Countryside Village Square Plat Book 92, Page 9 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAM eV L Cheek TRAFFIC SIGNALIZATION lgl lot3 —16 CHECKED er UTILITY EASEMENT AT MET T. Mahony COUNTRYSIDE VILLAGE SQUARE 1 OF 1 wa SECT m 11/04/2013 30- 26S -16E