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GROW FINANCIAL FEDERAL CREDIT UNIONReturn to: Chuck Lane Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758 -4748 P.1.0 # 17- 29 -16- 00000 - 240 -0100 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2015047987 02/19/2015 at 12:18 PM OFF REC BK: 18683 PG: 1608 -1611 DocType:EAS RECORDING: $35.50 WATER MAIN EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Grow Financial Federal Credit Union (formally known as MacDill Federal Credit Union), a federal credit union, whose principal address is 9927 Delaney Lake Drive, Tampa, FL 33619 ("Grantor ") does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation ( "Grantee "), its licensees, agents, successors and assigns a non - exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit "A" appended hereto and by this reference made a part hereof ( "Easement Premises ") This easement is for water mains and appurtenant facilities only, which, except for hydrants, shall be installed underground to the extent reasonably possible. 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 water main facilities, 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. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that, to the best of Grantor's knowledge without any duty of inquiry or investigation, Grantor is the owner of fee simple title to the herein described Easement Premises, and that the Easement Premises are not encumbered by any mortgage or option to purchase, and that there are no liens or encumbrances affecting the title of the Easement Premises except easements and restrictions of record, 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. Grantee, to the extent permitted by Florida Statute 768.28, agrees to indemnify and hold harmless Grantor from and against claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and /or invitees use or occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an altemate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation, Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. 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. Ik WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this br`" day of 'PQa.ripev-- , 2014. Signed, sealed and delivered in the presence of: GROW FINANCIAL FEDERAL CREDIT UNION Witness sig i fure P witness nam ess signature a (\t D-Al Prin witness name STATE OF FLORIDA : ss COUNTY OF HILLSBOROUGH: B. Thomas R. Exec ive Vice President Before me, the undersigned authority, personally appeared Thomas R. Feindt, as Executive Vice President of Grow Financial Federal Credit Union, who executed the foregoing instrument, and who acknowledged the execution thereof to be his /her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce J}) A a identification. Notary Public - State of Florida taunt A_ lol� -» Type /Print Name My commission expires: ( b - - 15 .sun„ LAURIE A. HOLLOWAY 2�. `°' -: Notary Public - State of Florida My Comm. Expires Oct 30, 2015 P;= Commission # EE 139284 % °;�:0' Bonded Through National Notary Assn. SECTION 17. TOWNSHIP 29 SOVTH, RANGE 16 EAST PINELLAS COVNTY, FLORIDA LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 17, THENCE ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, N 00'19'21" W, 330.00 FEET; THENCE ALONG A LINE 330.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, S 89'46'01" W, 300.00 FEET; THENCE ALONG A LINE 300.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID NORTHWEST 1/4, S 00'19'21" E, 270.00 FEET TO THE NORTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD (STATE ROAD 60) AS RECORDED IN OFFICIAL RECORDS BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID LINE, S 89'46'01" W, 15.01 FEET; THENCE N 00'13'59" W, 10.00 FEET; THENCE S 89'46'01" W, 50.00 FEET; THENCE S 00'13'59" E, 10.00 FEET; THENCE S 89' 46'01" W, 94.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY, S 89'46'01" W, 10.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY, N 00'04'43" E, 75.16 FEET; THENCE N 90'00'00" W, 70.25 FEET; THENCE N 00'00'00" W, 10.00 FEET; THENCE N 90'00'00" E, 80.26 FEET; THENCE S 00'04'43" W, 68.13 FEET; THENCE S 89'55'17" E, 42.80 FEET; THENCE S 00'32'24" E, 10.00 FEET; THENCE N 89'55'17" W, 42.91 FEET; THENCE S 00'04'43" W, 6.99 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1982.5 S.F., MORE OR LESS. SCALE: 1"= 60' DRAWN BY: ABT DWG. No.1407- 100 -36 PROJ. No.1407- 100 -36 EXHIBIT WATER VT1LITY ESMT. GROW FINANCIAL PAGE 1 OF 2 LEGAL /SKETCH ONLY —THIS IS NOT A BOUNDARY SURVEY- WwzvES(APYFrwa orngwa,4 /NC LB NO. 741 29340 RHODIN PLACE NESLEY CHAPEL. FLORIDA 33545 PH. (81.3) 973 -2092 EMoi1: alexoexfreme— surveying.com PROFESSIONAL SVRVEYING AND MAPPING SERVICES SECTION 17, TOWNSHIP 29 SOVTH, RANGE IG EAST PINELLAS COVNTY, FLORIDA / f S 89'46'01" W 190.32' / / / / / / L10 LEGEND PG. = P.B. = P.O.C. P.O.B. = L8 EXISTING R/W PER O.R. 6750, PAGE 808 PAGE PLAT BOOK POINT OF COMMENCEMENT POINT OF BEGINNING L5 PROPOSED ELECTRIC U77LITY EASEMENT L3 -1 -1 r (I) 0 0 Ni rri 0 0 0 S 89°46'01" W —4- -r- 300.00 POD roc SE CORNER OF SE 1/4 OF NW 1/4 OF SEC 17-29-16 GVLF-T0-134Y BOVLEVARD (S.R. GO) (CENTER OF SECTION)--„I _ N SOUTH LINE OF THE NW. 1/4 OF SECTION 17 SVIZVEYOR'S NOTES: 1) THIS IS NOT A BOUNDARY SURVEY. THIS IS A LEGAL AND SKETCH ONLY. 2) BEARINGS REFERENCED TO THE SOUTH LINE OF SUBJECT PARENT PARCEL AS BEING S 89'46'01" W, PER DEED. 3) THIS SURVEY NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Alex B. Thompson Jr., PTJS. State of Florida No. 5318 Registered Land Surveyor and Mapper Date Signed: 11-19-14 LINE BEARING DISTANCE L1 S 89'46'01" W 15.01' L2 N 00'13'59" W 10.00' L3 S 89`46'01" W 50.00' L4 S 0013'59" E 10.00' L5 S 8946'01" W 94.30' L6 S 894601" W 10.00' L7 N 00'04'43" E 75.16' L8 N 90'0000 W 70.25' L9 N 00'00'00" W 10.00' L10 N 90'00'00" E 80.26' L11 S 0004'43" W 68.13' L12 S 89'55'17" E 42.80' L13 S 00'32'24" E 10.00' L14 N 89'55'17" W 42.91' L15 S 00°04'43" W 6.99' PAGE 2 OF 2 LEGAL/SKETCH ONLY -THIS IS NOT A BOUNDARY SURVEY- SCALE: 1"=60' DRAWN BY: ABT DWG. No.1407-100-36 PROJ. No.1407-100-36 WATER vriury -ESMT. GROW FINANCIAL WM/4E solvt-vnva or FLORIDA. INC LB No. 7425 29340 RHODIN PLACE WESLEY CI-IAPEL, FLORIDA 33545 PH. (813) 973-2092 aka olexamfreme-staverying.corn PROFESSIONAL 5VRVEYINO AND MAPPING SERVICES