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YARAB HOLDINGS LLCReturn to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758 -4748 Parcel I. D. No. 13- 29 -15- 00000 - 240 -0700 KEN BURKE, CLERK OF COURT A# ND OMPTROLLER PINEL 2015237527 08;20;20155 COUNTY, FL OFF REC BK: 18892 PG: 8-540 1'58 AM RECORDING: $27.00 IGENERAL UTILITY EASEMENT I 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, YARAB HOLDINGS, LLC, a Florida limited liability company whose principal address is 1988 Gulf to Bay Boulevard, Clearwater, Florida 33765 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ( "Grantee "), a non - exclusive, general utility 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 (the, "Easement Premises ") Supplemental to that certain Utility Easement shown within Lot 4, Block "A ", Unit 8 of Skycrest Subdivision, according to the plat thereof as recorded in Plat Book 30, Page 79, of the Public Records of Pinellas County, Florida, Grantor hereby grants to the City of Clearwater, Florida a General Utility Easement over and across the Easement Premises for Grantee to perform its official duties and obligations. This easement is for any and all underground public utilities installation, repair and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above - described Easement Premises to construct, install, repair and maintain therein any and all public utilities provided by Grantee, and to inspect such utilities from time to time, together with all necessary, associated underground appurtenances thereto. 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 for Grantor, Grantor's invitees and the general public to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project 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. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely and workmanlike manner and make reasonable effort to exercise the rights granted herein in such a manner as to cause the least interference with Grantor's business and in Grantor's use of the property. 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 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. 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, upon the occurrence of either event, the parties (at the request of either party) shall execute and record a release of the Easement Premises from this Easement and Grantee shall at Grantee's cost promptly remove its utilities and appurtenances. IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this \ day of '(`C\ q \ , 2015. Signed, sealed and delivered in the presence of �N/E,SS, signature V` h /(013\ Q.,). Print Witness Name ESS signature Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS YARABHOLDINGS, LLC By: Ei-s f & �'-(&e /lbw( M t Tq,P Print Name/Title Before me, the undersigned authority, personally appeared i�A.Te. 6-0i✓2 , as }S3atl«}A S-- PA—TI R of Yarab Holdings, LLC, a Florida Lilied Liability Company, whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the aforementioned date, and who acknowledged the ecution thereof to be h free act and deed for the use and purposes herein set forth, and who [ ] is person Ily I sown to me, or who [)did provide K \ 0 f , A ., 9 s\ v p t \; Cc^nS -e as identification. - State of Florida v\--e \r■k0) Type /Print Name My commission expires: 1 JODEE WEBB NOTARY PUBLIC STATE OF FLORIDA Comm# FF149277 Expires 8/10/2018 'EXHIBIT A' SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST LEGAL DESCRIPTION AND SKETCH 8.80' WIDE UTILITY EASEMENT N DESCRIP TION: THE EAST 8.80 FEET OF THE WEST 13.80 FEET OF LOT 4, BLOCK "A ", UNIT 8 OF SKYCREST SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 79 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. DESCRIBED EASEMENT LIES COINCIDENT ALONG IT'S WEST LINE WITH THAT CERTAIN 5' PLATTED UTILITY EASEMENT LYING ON THE WEST SIDE SIDE OF AFORESAID LOT 4, BLOCK "A ". THE ABOVE DESCRIBED CONTAINING 791 SQUARE FEET. Lot 3 Block "C" PLAT BOUNDARY LINE UNIT 7 OF SKYCREST SUBDIVISION Plat Book 30, Page 18 Lot 4 Block "C" BOUNDARY LINE Lot 3 Block "A" S.89 °22'53 "E. 124.93'(P) NORTH LINE OF LOT 4 S.89 °22'53 "E. 8.80' 5' UTILITY EASEMENT PER PLAT N.01 °21'18 "W. 5' UTILITY —•t EASEMENT 1 PER PLAT r 15' DRAINAGE 1 EASEMENT I PER PLAT I Lot 5 Block "C" S NORTH SASI& ASSUMED SCALE: 1' = 30' 50' UNIT 8 OF SKYCREST-- SUBDIVISION Plat Book 30, Page 79 Lot 4 Block "A" 8.80' WIDE UTILITY EASEMENT 791 SQUARE FEET WEST LINE OF LOT 4 N.8 9•22'53'W. 8.80'7--SOUTH LINE OF LOT 4 N.89 °22'53 "W. 123.66'(P) rBOUNDARY PLAT LINE PROPERTY OF A. & W. GLADS, INC. Plat Book 25, Pages 53 & 54 Basis of Bearings: NORTH WEST RIGHT —OF —WAY LINE OF HERCULES EEP GEING 0094., PER A GULF TO FOR: COMPREHENSIVE SPI1N& INSTITUTE owt This Legal Description and is subject to all e op 00 £ o 0 RIGHT —OF —WAY LINE a_ 0 0 0 m S.00 °39'47 "E. a 0 co N 50' i REVISED: AY BOULEVARD PREPARED: 1/28/15 THIS IS NOT A SURVEY ,\\" C' C. BR . ,71// and�a�•preparad.ifl�,t �fkye benefit of a title search NOTE: Legal Description and Sketch not valid without the signature and the ;Jescgfry di' I et4Kpatters of record. original raised seal of a Florida Licensed Surveyor and Mapper. • ertif� at the Legal De cril tion 4nd Sketc _sent /ere. c� e>E�,;: • recilrements of to 17.0 /" on •. ' dminisir Cod: HN C. BRENQL° Floricly 1! v"e 1g rotidolal'�Ahi. 1269 Certifj2ej .ef..A-drhf�iaUtI�►41o. 760 Prepared by: JOHN C. BRENDLA & ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 4015 82nd Avenue North Pinellas Park, Florida 33781 phone (727) 576 -7546 ' fax (727) 577 -9932 SHEET 1 OF 1, AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared E.sM as 1'ctb ( 0g of Yarab Holdings, LLC, whom, being duly authorized does depose and say: 1. That Yarab Holdings, 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 that 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.) 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.) 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 general utility easement to encumber the above - described property. Signed, sealed and delivered YARAB HILDINGS, LLC In the presence of: ESS signature de�Ai , Print Witness Name NES ture ct- Print Witness Name By: TJ�- o -cam 're Print Name/Title Sworn to and subscribed to •e •e me this 1\ day of M O\ )1 , 2015. NotarylP.ublic - State of Florida Type /Print Name My Commission Expires: JOOEE WEBB NOTARY PUBLIC STATE OF FLORIDA Comm FF149277 ExPires 8/1W2018 �I1(4oi $ i EXHIBIT /VI SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST LEGAL DESCRIPTION AND SKETCH 8.80' WIDE UTILITY EASEMENT DESCRIPTION: THE EAST 8.80 FEET OF THE WEST 13.80 FEET OF LOT 4, BLOCK "A ", UNIT 8 OF SKYCREST SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 79 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. DESCRIBED EASEMENT LIES COINCIDENT ALONG IT'S WEST LINE WITH THAT CERTAIN 5' PLATTED UTILITY EASEMENT LYING ON THE WEST SIDE SIDE OF AFORESAID LOT 4, BLOCK "A ". THE ABOVE DESCRIBED CONTAINING 791 SQUARE FEET. 1 N Lot 3 Block "C" PLAT BOUNDARY LINE UNIT 7 OF SKYCREST SUBDIVISION Plat Book 30, Page 18 Lot 4 Block "C" PLAT BOUNDARY LINE 0 o 0 rn N.01 °21'18 "W. 0 / Co O z 5' UTILITY --.-A EASEMENT PER PLAT T 15' DRAINAGE EASEMENT PER PLAT Lot 5 Block "C" Lot 3 Block "A" S. 8 9 °22'53 "E. 124.93'(P) `NORTH LINE OF LOT 4 S.89•22'53 "E. 8.80' 5' UTILITY EASEMENT PER PLAT 0 0 W op N O UNIT 8 OF SKYCREST SUBDIVISION Plat Book 30, Page 79 Lot 4 Block "A" WIDE UTILITY EASEMENT 791 SQUARE FEET WEST LINE OF LOT 4 N.89 °22'53'W. 8.80'/--SOUTH LINE OF LOT 4 N.89 °22'53 "W. 123.66'(P) S NORTH BA818: ASSUMED SCALE: 1' = 30' 50' PLAT BOUNDARY LINE PROPERTY OF A. & W. GLADS, INC. Plat Book 25, Pages 53 & 54 03 a 0 O 0 S.00 °39'47 "E. Basis of Bearings: NORTH WEST RIGHT —OF —WAY LINE OF HERCULES AVENUE AS BEING S.00•39'47'E., PER PLAT. GULF TO RIGHT —OF —WAY LINE AY FOR: COMPREHENSIVE SPINE INSTITUTE .\\\\1i t Il1/j,,� \ \ \t,. G . /1i. This Legal Description and s,4*a§pralrarsd.fifbt %e benefit of a title search and is subject to all e. a� r► Rigtl�s` fFytq d Qih�,r�paatters of record. Q I h: reby_ ertif at the Legal Description >7aid Sketc CO re. went ere e� �. regigremEts of � /1:0"- dminisir.': e_ Cod 0 0 ,,..�� — 3 HN C. B ENQt o Florida. - . J 6t4 t1�p•trptid Aio. 1269 �p CertiYy�i6f, af..,Ccft'hq«titilr11�i. 760 /r / /7�f /lI I I1 \ \ \� 50' OULEVA u% PREPARED: 1 1 1/28/15 THIS IS NOT A SURVEY NOTE: Legal Description and Sketch not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Prepared by: JOHN C. BRENDLA & ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 4015 82nd Avenue North Pinellas Park, Florida 33781 phone (727) 576 -7546 « fax (727) 577 -9932 SHEET 1 OF 1