PINELLAS SUNCOAST TRANSIT AUTHORITYExhibit F
PREPARED BY AND WHEN RECORDED RETURN TO:
ALAN S. ZIMMET, B.C.S.
BRYANT MILLER OLIVE PA
201 NORTH FRANKLIN STREET, SUITE 2700
TAMPA, FL 33602
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2017179275 06/08/2017 at 01:07 PM
OFF REC BK: 19660 PG: 742 -744
DocType:AGM RECORDING: $27.00
BUS TRANSFER STATION EASEMENT AGREEMENT 11��
THIS EASEMENT AGREEMENT ( "Agreement") is made as of this I T/�l day of
MA '1 , 2017, by the City of Clearwater, Florida, a municipal corporation with its principal
place of business located at 112 South Osceola Avenue, Clearwater, FL 33756 ( "Grantor ").
WHEREAS, Grantor is a municipal corporation that owns or has jurisdiction over
certain portions of the right -of -way of Causeway Boulevard and the property adjacent to
Causeway Boulevard directly west of the Mandalay Channel, as more particularly described in
Exhibit "A" ( "Property "); and
WHEREAS, the Pinellas Suncoast Transit Authority, an independent special district with
its principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716
( "Grantee "), is a transit authority that provides transit services throughout Grantor's jurisdiction;
and
WHEREAS, Grantor and Grantee have agreed in an interlocal agreement dated
5 -13- - 14 ( "Interlocal Agreement ") that Grantee may construct, operate, and maintain a bus
transfer facility on the Property ( "Bus Transfer Station "); and
WHEREAS, pursuant to the Interlocal Agreement, the Grantor has agreed to grant
Grantee an easement on the portions of the Property that Grantor owns (the "Easement
Property", attached hereto and incorporated herein as Exhibit "B "), and a Right -of -way Permit
for the portions of the Property Grantor does not own but for which Grantor has operational and
maintenance jurisdiction (the "Right -of -way Permit Limits ", attached hereto and incorporated
herein as Exhibit "C "), in order to allow for the construction, operation, and maintenance of the
Bus Transfer Station by Grantee.
NOW, THEREFORE, Grantor, for itself and its successors and assigns, hereby subjects
the Property to the easement set forth herein.
SECTION 1: RECITALS
The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2: GRANT OF EASEMENT
2.1 GRANT OF EASEMENT. Grantor hereby grants an exclusive easement in, to, on, over,
under, along, through, and across the Easement Property, as more particularly described
Page 1 of 3
and depicted on Exhibit `B" ( "Easement Area ") to Grantee and its successors, assigns,
agents, employees, and independent contractors, for the purpose of constructing,
operating, and maintaining the Bus Transfer Station for so long as the Interlocal
Agreement is in effect ( "Easement "). The easement granted herein is exclusive only as
to the uses described above.
2.2 GRANT OF RIGHT -OF -WAY PERMIT. Of even date herewith, Grantor shall grant
Grantee a Right -of -way Permit for occupation and use of the portions of the Property
that Grantor does not own, but for which Grantor has operational and maintenance
responsibilities.
2.3 RECORDING. Grantee may record this Agreement in the official records of Pinellas
County, Florida.
SECTION 3: REPRESENTATIONS AND WARRANTIES
Grantor hereby represents and warrants to Grantee as follows:
3.1 OWNERSHIP. Grantor is the owner in fee simple of the Easement Property, subject to
existing rights of way, easements, covenants, conditions, restrictions, and other matters of
record, on which Grantee intends to construct, operate, and maintain the Bus Transfer
Station.
3.2 RIGHT TO CONVEY EASEMENT. Grantor warrants and represents that Grantor has
the right to convey an easement in, to, on, over, under, along, through, and across the
Easement Property and will defend the same easement against the lawful claims of all
persons whomsoever.
3.3 AUTHORITY. Grantor does hereby fully warrant and represent that those signing the
Agreement on behalf of Grantor have the authority to bind Grantor to this Agreement.
SECTION 4: USE OF EASEMENT AREA
Notwithstanding the foregoing grant of easement, Grantor retains the right to use the
Easement Area for any lawful purpose other than for a permanent building, structure, foundation,
or other use inconsistent with the Easement granted herein or that interfere with Grantee's use of
the Easement Property.
SECTION 5: BINDING EFFECT
The foregoing grant of Easement and rights appurtenant thereto, shall be and constitute
covenants running with the land, benefiting the public at large and burdening the Easement Area,
and shall be binding upon the heirs, successors, and assigns of the parties. The grant of
Easement hereunder shall terminate upon termination of the Interlocal Agreement.
Page 2 of 3
IN WITNESS WHEREOF, the Grantor, the City of Clearwater, has executed this
Agreement on the date written above.
Print Name: c) czNI krcc�u:
W. ess:
Print Name:, 71.ci v
STATE OF FLORIDA
COUNTY OF PINELLAS
GRANTOR:
William B. Horne, II
City Manager \ ,,
Cj Lo f, R^ C/• t "CO;
George N. Cretekos
Mayor
Rosemarie Call
City Clerk
Appr,ved .. t.
,1
Ma hew M. 'h th
Assistant City Attorney
The foregoing instrument was acknowledged before me this 111`` day of 1I 1( cu
a01-1 , , b) ikiairn a flow ,j as Gt-L Manager for the City of
Clearwater.
(hitelv
'Personally Known OR ❑ Produced Identification
Type of Identification Produced:
[GM17-1420-207/200501/1] Page 3 of 3
NICOLE SPRAGUE
�►: ' :r_ MY COMMISSION # EE 209161
, EXPIRES: June 18, 2016
'Rf,; t• Bonded Thfu Notary Public Undenwfters