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PUBLIX SUPER MARKETS INCReturn to: Jim Benwell Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2017393187 12/27/2017 10:57 AM OFF REC BK: 19890 PG: 58-61 DocType:EASEMENT RECORDING: $35.50 D DOC STAMP: $0.70 UTILITY 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, PUBLIX SUPER MARKETS, INC., a Florida Corporation, whose mailing address is Post Office Box 407, Lakeland, Florida 33802 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 ("Grantee"), 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") Grantee shall have the right to enter upon the Easement Premises for the construction, installation, operation and maintenance of water facilities, with the right to reconstruct, improve, and replace any or all the facilities within the easement as may from time to time be necessary, with the full right of ingress thereto and egress therefrom. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain the Facilities installed hereunder and 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 Grantor 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. 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 alternate 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. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this �3Y`\ day of c -V`__ , 2017. Signed, sealed and delivered in the presence of: ,/c•tt&_.\\ WITNonyar5. Karcher Print Witness Name aP PUBLIX SU R MARKETS, INC, a Florida Corporatio Je ey Chamberlain Se for Vice President WITNESS signature Cayla Connell Print Witness Name STATE OF FLORIDA : ss COUNTY OF POLK Before me, on this 5 day of airs ilK-0" , 2017, the undersigned authority, personally appeared Jeffrey Chamberlain, as Senior Vice President of Publix Super Markets, Inc., a Florida Corporation, who executed the foregoing instrument as such officer, and who acknowledged the execution thereof to be his free act and deed personally and as such officer, for the use and purposes herein s t forth, and who [ ,4' is personally known to me, or who [ ] did provide � as identification. ,P lic State''of Florida Bettye H. Winoker Type/Print Name My commission expires:pll +0`,7-Y•1:::,,,, BETTYE H. WINOKER * t_t: * MY COMMISSION t FF 199571 EXPIRES: February 15, 2019 �44or sr Bended Thru kepi Nary BotYioes LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH L1 NO1'21'01"E 40.00' L8 N85.35'22"E 19.59' L2 S08'08'42"E 64.82' L9 N40.35'22"E 4.24' L3 S81'51'18"W 35.79' L10 N85.35'22"E 29.84' L4 N49'24'38"W 4.24' L11 S49.24'38"E 4.24' L5 S85'35'22"W 21.56' L12 N81.51'18"E 25.46' L6 S 40'35'22"W 4.24' L13 N08'08'42"W 54.82' L7 S85'35'22"W 23.25' L14 N81.51'18"E 10.00' 0 0 0 L7 r -t 73 -4 z L6 L4 SECTION 8 TOWNSHIP 29S, RANGE 15E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4514-01 S AGE O.R. B P A,S PC 00K 2873, PAGE BE 80' RIGHT-OF-WAY S 85'35 22 W 152.97 114 1.3 S 81'51'18"W 76.66' CURVE CURVE TABLE CURVE RADIUS ARC DE LTA CHORD BEARING CHORD C1 5310.00' 40.00' 0'25'54" N01'07'56"E 40.00' C2 5310.00' 200.00' 2'09'29" N00'09'37"W 199.99' C3 5310.00' 600.00' 6'28'27" N04'28'34"W 599.68' C4 4995.00' 10.01' 0'06'53" N07.09'56"W 10.01' 0 LEGEND NOT A SURVEY OR = OFFICIAL RECORDS BOOK PB - PLAT BOOK PG = PAGE POB - POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY 0 25' 50' r -- 0 NORTH RIGHT OF WAY LINE WINDWARD PASSAGE 80' RIGHT OF WAY SCALE: 1" = 50' POINT OF COMMENCEMENT NORTHEAST CORNER OF LOT 3, BLOCK "C", UNIT FIVE, ISLAND ESTATES OF CLEARWATER PLAT BOOK 51, PAGE 34 70 i7 CV D SHEET 1 OF 2 I TEM DATE BY QC RE VISE DESCRIPTION 08/15/17 DHR OHP SKETCH & DESCRIPTION 08/03/17 RE D DHR H: \,1N\4514\DWG\4514S D W ATE R.DW G EXHIBIT AN POLARIS ASSOCIA TES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 SECTION 8 TOWNSHIP 29S, RANGE 15E PINELLAS COUNTY, FLORIDA DESCRIPTION PROJECT NUMBER 4514-01 THAT PORTION OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "C", UNIT FIVE , ISLAND E STATES OF CLE ARWATE R, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 51, PAGE 34, PUBLIC RE CORDS OF PINE LLAS COUNTY, FLORIDA; THE NCE N.01'21'01 "E ., 40.00 FEET TO A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5310.00 FEET; THE NCE NORTHERLY ALONG SAID CURVE 40.00 FEET, THROUGH A CENTRAL ANGLE OF 00'25'54" (CHORD BEARING N.01'07'56"E ., 40.00 FEET) TO THE NORTHWEST CORNER OF THE INTERSECTION OF ISLAND WAY AND WINDWARD PASSAGE AS SHOWN ON THE PLAT OF UNIT 2 ISLAND ESTATES OF CLEARWATER, RECORDED IN PLAT BOOK 47, PAGES 19A-20, PUBLIC RE CORDS OF PINE LLAS COUNTY, FLORIDA; THE NCE CONTINUING ALONG SAID CURVE HAVING A RADIUS OF 5310.00 FEET, NORTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF ISLAND WAY ON SAID CURVE CONCAVE WESTERLY, 200.00 FEET THROUGH A CENTRAL ANGLE OF 02'09'29", (CHORD BEARING N.00'09'37"W., CHORD DISTANCE 199.99 FEET), SAID POINT BEING ALSO THE NORTHEAST CORNER OF THAT CERTAIN TRACT CONVE YE D BY DEED RECORDED IN O.R. BOOK 228, PAGE 509, PUBLIC RE CORDS OF PINE LLAS COUNTY, FLORIDA; THE NCE CONTINUING NORTHERLY ON SAID 5310.00 FOOT CURVE 600.00 FEET THROUGH A CENTRAL ANGLE OF 06'28'27", (CHORD BEARING N.04'28'34"W. CHORD DISTANCE 599.68 FEET) TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DORY PASSAGE (AS CONVE YE D TO THE CITY OF CLE ARWATE R BY DEED RECORDED IN O.R. BOOK 2873, PAGE 143, PUBLIC RE CORDS OF PINE LLAS COUNTY, FLORIDA); THENCE ALONG SAID LINE , S.81'51' 18"W., 76.66 FEET FOR THE POINT OF BE GINNING; THE NCE LEAVING SAID LINE , S.08'08'42"E ., 64.82 FEET; THE NCE S.81'51' 18"W., 35.79 FEET; THE NCE S.85'35'22"W., 152.97 FEET; THE NCE N.49'24'38"W., 4.24 FEET; THE NCE S.85'35'22"W., 21.56 FEET; THE NCE S.40'35'22"W., 4.24 FEET; THE NCE S.85'35'22"W., 23.25 FEET TO A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 4995.00 FEET ON THE EAST RIGHT-OF-WAY LINE OF LARBOARD WAY; THENCE NORTHERLY ALONG SAID CURVE 10.01 FEET, THROUGH A CENTRAL ANGLE OF 00'06'53" (CHORD BEARING N.07'09'56"W., 10.01 FEET); THE NCE LEAVING SAID LINE , N.85'35'22"E ., 19.59 FEET; THE NCE N.40'35'22"E ., 4.24 FEET; THE NCE N.85'35'22"E ., 29.84 FEET; THE NCE S.49'24'38"E ., 4.24 FEET; THE NCE N.85'35'22"E ., 148.51 FEET; THE NCE N.81'51' 18"E ., 25.46 FEET ; THE NCE N.08'08'42"W., 54.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DORY PASSAGE; THENCE N.81'51'18"E., 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,968 SQUARE FEET OR 0.068 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE SOUTH RIGHT-OF-WAY LINE OF DORY PASSAGE, BEING ASSUMED AS S 81'51'18"W. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONS TRUED TO GIVE ANY RIGHTS OR BENE FITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTE NDE D TO SHOW THE LOCATION OR E XIS TE NCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO E ASE ME NTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RE CORD. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH RE PRE SE NTE D HEREON MEETS THE STANDARDS OF PRACTICE SE T FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLOR r• .TATUTES.. 917 NOT A SURVEY DAN H. RIZZUTO PROFE S S IONAL LS 5227, STATE URVE YOR FLORIDA SHEET 2 OF 2 ITEM DATE BY QC REVISE DESCRIPTION 08/15/17 DHR DHR SKETCH & DESCRIPTION 08/03/17 RED DHR H: \JN\4514\DWG\4514SD WATER.DWG EXHIBIT "A" POLARIS ASSOCIA TES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 AFFIDAVIT OF NO LIENS STATE OF FLORIDA • . ss COUNTY OF�\ BEFORE ME, the undersigned authority, on the ,�'" day of , 2017, personally appeared Jeffrey Chamberlain, as Senior Vice President of Publix Super Markets, Inc., a Florida corporation whom, being first duly sworn, do depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit "A" attached hereto and by this reference made a part hereof 2. That, to affiant's 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 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.) 3. That, to affiant's knowledge, there are no liens or encumbrances of any nature affecting the title of the property herein described, except 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.) 4. That, to affiant's knowledge, 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. 5. That, to affiant's knowledge, there are no outstanding sewer service charges or assessments payable to any government. 6. 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 the easement herein being conveyed to encumber the above-described property. Signed, sealed and delivered in the presence of: WITNES`�• a ure PUBLIX SU R MARKETS, INC, a Florida Corporatio Jeffrey Chamberlain Tonya S. Karcher enior Vice President Print Witness Name Ct WITNESS signs ure Layla Connell Print Witness Name STATE OF FLORIDA : ss COUNTY OF POLK Before me, on this ,J day of ( , 2017, the undersigned authority, personally appeared Jeffrey Chamberlain, as enior Vice President of Publix Super Markets, Inc., a Florida Corporation, who executed the foregoing instrument as such officer, and who acknowledged the execution thereof to be his free act and deed personally and as such officer, for the use and purposes herein spt forth, and who [ ✓f is personally known to me, or who [ ] did provide /- as identification. Bettye H. Winoker Type/Print Name My commission expires: BETTYE H. WINOKER r� �c MY COMMISSION A FF 19;71 Fel:nary 15, 2019 Thru Budget Notary Service=.