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DWAYNE HAWKINSReturn to: Clearwater Gas System 400 N. Myrtle Avenue Clearwater, FL 33755 Parcel I. D. No. 29-29-16-00000-330-0300 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2018270342 08/22/2018 03:26 PM OFF REC BK: 20178 PG: 1413-1418 DocType:EASEMENT RECORDING: $52.50 D DOC STAMP: $0.70 GAS UTILITY EASEMENT 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, Dwayne Hawkins, a Florida Resident whose principal address is 6001 34th St N, SAINT PETERSBURG FLORIDA 33714-1251 ("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"), a non-exclusive, gas 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 "Servient Property") This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater Gas System, a component of 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 natural gas transmission pipes, 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. Grantor and Grantee, for themselves, their heirs, successors and assigns, agree as follows: 1. Grantor hereby grants to Grantee, its successors and assigns a non-exclusive five (5) foot easement (herein referred to as the "Easement Area"), in perpetuity on, over, under, across and through the Servient Property described in Exhibit "A", attached hereto, for the purpose of constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant equipment for the provision of natural gas as the same may be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of them within the Easement Area. In the event the Easement Area crosses any roadway, sidewalk or other impervious area, Grantor will require Grantee to perform installations and repairs without removing said surface improvement. This may require a directional bore or other contractor suggested and owner approved method. 2. Grantee by acceptance hereof, agrees to construct, repair and maintain, at its sole cost and expense, the Facilities which shall comply with all applicable rules and regulations. In the event Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any improvements, including landscaping and related irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities. 3. The Grantor shall have and retains the right to construct improvements on, maintain and utilize the Easement Area (including, but not limited to, the construction of driveways, parking areas, landscaping and related improvements) provided such construction does not unreasonably impair Grantee's access to the Easement Area or Grantee's ability to repair, replace and service the Facilities within the Easement Area. 4. Nothing herein shall create or be construed to create any rights in or for the benefit of the general public in or to the Easement Area. [A04-02064 /176103/1] 5. This Easement shall not be changed, altered or amended except by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this Easement. 6. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Grantor or Grantee, as the case may be, and their respective successors and assigns. 7. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described Servient Parcel, 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. The Remainder of this Page Intentionally Left Blank [A04-02064 /176103/1] IN WIT IESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this ay of j74,..— , 2018. Signed, sealed and delivered in the presence of 4 1/ Dwayne Hawkins 6001 34th ST N St. Petersburg, FL 33714-1251 WIT " S signature (J IST1 E l 60 K.( By: Print Witness Name WITNESS signature k� Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS Print Name/Title Before me, the undersigned authority, ersonally appeare as of , a Florida Company, whom, being duly authorized, personally executed the foregoing instrument on behalf of said LLC on the aforementioned date, and who acknowledged the execution thereof to be free act and deed for the use and purposes herein set forth and, wh[ ] is personally known to me, or who [ ] did provide as identification. /// i; Notary Public - Skate of Florid 4 le P017,a__C Type/Print Name [A04-02064 /176103/1] My commission expires: ROBERT ROBINS •': MY COMMISSION # GG057576 EXPIRES February 21, 2021 Exibit A SKETCH OF DESCRIPTION S89'11'17"E 100.0D N01'01' 133E 5.00 I Q 11 0 u M ; N Of 1012 QW�Z K � L 011. h 17 2 a a I: �a 1,10 •Z CC CC C5 3o '4C12,1.0 J CL42q // 41 Q N K O * 03 POINT OF BEGINNING NORTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 Or THE NORTHWEST 1/4 Or THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29 EAST RIGHT OF WAY LINE POINT OF COMMENCEMENT SW CORNER or SECTION 29, TOWNSHIP 29 SOUTH, RANGE 16 EAST FOUND NAIL AND TIN TAB WITH NO IDENTIFICATION 589'! 1' 173E 358.85' N89'11'171.1 358.87' UTILITY EASEMENT AREA: 1,794 SQUARE FEET t LINE !ABLE L1 = 500'48'43"W 5.00' LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 9969, PAGE 704 5 SHEET 1 FOR LEGAL DESCRIPTION AND GENERAL NOTES 0 30 60 SCALE: 1'=60 SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 16 EAST SHEET 2 OF 2 REVISED LEGAL DESCRIPTION & SKETCH IMS HEWITT CERTIFY THAT THIS LEC4L OESCRIPTIOA AND SCETCN IS CORRECT TO THE EFA OF RT KNOIEIfOGF 66P aft tff. I fURTNFR CFRTIFI THAT INS IFG4I OfSCRIP!NRS meD S'FTCH %FITS THF STMOAROS OF PRACTICE 4S SFT FORiN ET' INF F105104 HOMO OF PROFFSS9O{AI L RWFIC.RS sND MAPPFRS 07 CHAPTER 5:-t?, F10R104 AOM1RISTAATNf COLS. P'.'R5VART TO CHAPTFR ATT 5F 04/23/2018 TNF F71RIOt 57'4,715 50RIFCT TI R:TF4 AND NOTATIONS SNOWY NFRFOK. REVISED LEGAL DESCRIPTION & SKETCH IMS 01/23/2018 REVISION 8Y DATE 1fUU10' Y 5CNI,44Tl. PRG1f551CNM Ste 708 KAPP/R, /Ct0St Wy0LRR ,54618 0.477 DATE: 01/18/2018 PROJECT NUMBER: 180007 DRAWN: J. SCHWARTZ CHECKED: .SCHW•'TZ US HIGHWAY 19 NORTH (HAWKINS PROPERTY) UTILITY EASEMENT CLEARWATER, FLORIDA 0 cpwg CR1BB PHILBECK WEAVER GROUP. INC. ICPWG, 3978 N. HIGHLAND AVERilE, PARPA. FLORIDA 33603 PHONE: (8731 3617644, FAX. 75137123 7469 PROFESSIONAL SURVEYOR 6, NAPPER BUSINESS LICENSE NUMBER: L85232 [A04-02064 /176103/1] AFFIDAVIT OF NO LIENS STATE OF FLORIDA . ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared pu'4vrtz. j-iu..4. '✓ ' , as of whom, being duly authorized does depose and say: 1. That Dw.tYse— /4"44 1-44/ 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.) Non42- 5. - 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 gas utility easement to encumber the above-described property. [A04-02064 /176103/1] 5. This Easement shall not be changed, altered or amended except by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this Easement. 6. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Grantor or Grantee, as the case may be, and their respective successors and assigns. 7. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described Servient Parcel, 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. The Remainder of this Page Intentionally Left Blank [A04-02064 /176103/1] Signed, sealed and delivered In the presence of: V�JF.�SS signure Pr . itness Na e WI SS sig t re • dry Print Witness Name Sworn to an c Dwayner Hawkins, Grantor me this day of J U 1�, "'� , 2018. Notary Publi - State of Florida i aL-1"1--- Zia t 1- S Type/Print Name [A04-02064 /176103/1] My Commission Expires: : ROBERT ROBINS z'i •••_ MY COMMISSION # GG057576 EXPIRES February 21, 2021 Exibit A SKETCH OF DESCRIPTION S89'11'17"L 100.00' 7,01'01' 13E 5.00' NO1 OP1rE POINT OF BEGINNING NORTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 Of THE NORTHWEST 1/4 Of THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29 589271'17"E 358.85' EAST RIGHT OF WAY LINE POINT OF COMMENCEMENT 5W CORNER Of SECTION 79. TOWNSHIP 29 SOUTH, RANGE 16 EAST FOUND NAIL ANO TIN TAB WITH NO 1DLNI It 'CAI ION N89'11'17"W 358.87' UTILITY EASEMENT J AREA: 1,794 SQUARE FEET ± LINE !ABLE L7 = 500'48'43'W 5.00' LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 9969, PAGE 704 SFE SHIFT 1 TOR IEGAI. DESCRIPTION AND GFNERA1 NOUS 0 30 60 SCALE 1"=60' SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 16 EAST SHEET 2 OF 2 REVISED LEGAL DESCRIPTION & SKETCH JMS 04/23/2018 REVISED LEGAL DESCRIPTION & SKETCH JARS 01/23/2018 i 05:5455 0884!10 THAT 7h15 LE:343 0E50510T!0h MD 5(0475 15 0044400 40 050 8454 DF 41' 4!,00:10(6 4753 84:100. 111:81565 Cf471F' 154 (5:5;[(4. D1 S(8.140:0!. 1,67 .SSf 47.4 4F/i5 f .0/500405 :Jr 4 45 507 •7.805 57 751 4 04!44 40444 :11: 1471F5S5!',1 5:R4'F`005 4,5,) 4400145 ;4 (.41'7(554.!) 1!074,774 A0:11515:907:VF .7001 P:'•N5(441 To (5400£8 4" i7 750 01.1.8135 5"44:,715 5::P7F" •�