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FLORIDA SPINE PROPERTIES LLCEXHIBIT A TO RESOLUTION 20-07 Return to: Rob Brzak Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2020180292 06/16/2020 09:33 AM OFF REC BK: 21040 PG: 427-432 DocType:EASEMENT RECORDING: $52.50 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, Florida Spine Properties, LLC, a Florida Limited Liability Company, whose mailing address is 2250 Drew St. Clearwater, Florida 33765 ("Grantor"), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Grantee"), its licensees, agents, successors and assigns a non-exclusive easement over, under, across and through the following described land Tying 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") The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein any and all utilities, 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 govemmental 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 Grantor is the owner of fee simple tide 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. WITNESS VWN REOF, the undersigned grantor has caused these presents to be duly executed this I day of t r'U Qr9 , 2020. Signed, sealed and delivered in the presence of: lvltness signature abic,( r r -c Print witness name Witness signature Print witless name Florida Spine Properties, LLC STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared i+r»� Florida Spine Properties, LLC who executed the foregoing instrumen , and was acKKn ged the execution thereof t ,.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 [ j didreduce as identification. p My commission expires: /) z!Z/ ROSE A BINGHAM Notary Pubic - State of Florida Commission +► GG 114114 My Comm. Expires Aug 12. 2021 NINKIM through Narwhal Wary Mr STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS :ss BEFQMntGnd ersigned authority, personally appeared O Libre ko as of Florida Spine Properties, LLC., whom, being duly authorized depose ad 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 Emma appended hereto and by this reference made a part hereof 2. 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 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.) t3vNI. c 3. That 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 enteN°Me 4. 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. 5. That 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. IN WITNESS REOFtjhndersinede uggrantor has caused these presents to be duly executed this day of , 2020. Signed, sealed and delivered in th = presence of: Florida Spine Properties, LLC tti fitness signa re C41,hY e l .1 ate" Print witness name Witness signature P r ✓a, yr Print ss name STATE OF FLORIDA :ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared lda %xacinr as Florida Spine Properties, LLC, who executed the foregoing instrument, and who ackn ed the execution thereof his/her free act and deed personally, for the use and purposes herein set forth, and who [ 1 is personally known to me, or who ( j didroduce as identification. P erkik Notary ublis State of Florida Type/Print Name My commission expires: 81121 Notary Public - State of Florida Commission it GG 114124 My Comm. Expires Aug 12, 2021 Bonded though Waxonal Wary My frar niO4 1VI "EXHIBIT A" XX 10 Mr CENTERLINE OF DREW STREET LEGAL DESCRIPTION AND SKETCH 15, a OF UTILITY EASEMENT FOR SANITARY SEWER USE LEGAL DESCRIPTION: BEING A PORTION OF 2251 DREW STREET, 1 CLEARWATER, FLORIDA, MORE PARTICULARLY DESCRIBEDet / AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW i OF NW OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST; } , ; 1 I THENCE RUNNING S89°22'51"E, ALONG THE CENTERLINE OF DREW STREET, 553.20 FEET; THENCE DEPARTING I it CENTERLINE AND RUNNING S00°18'05"W, A DISTANCE OF I tli 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DREW STREET; THENCE RUNNING WITH SAID LINE S89°22'51 "E, A DISTANCE OF 220.00 FEET; THENCE POINT OF THE DEPARTING SAID LINE AND RUNNING $00018'05"W, A BEGINNING DISTANCE OF 318.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S00° 18'05"W, A DISTANCE OF 40.00 FEET; THENCE RUNNING N89°22'51"W, A DISTANCE OF 10.00 S89°22'51"E 10.00' FEET; THENCE RUNNING N00°18'05"E, A DISTANCE OF 40.00 FEET; THENCE RUNNING S89°22'51 "E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. I RI DREW SOUTH RIGHT OF WAY LINE OF DREW STREET iTioo ») J 0 10 20 SCALE: 1". 20' 40 BEING A PORTION OF 2251 DREW STREET CLEARWATER, FLORIDA 18.29.18.00000.220.0300 PIS 18.11.18.00000.1110.0100 (C) 2019 NOT A SURVEY N89°22'51"W 10.00' I HEREBY CERTIFY THAT THIS SKETCH IS TRUE AND CORRECT AND IS NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND SEAL, ORA RAISED EMBOSSED SEAL AND SIGNATURE BILL HYATT 3wvayo► a Mapper Nume« 498 Know It Now, Inc. Florida Wain,, CwiAcaie Of LOCA1ION • 2011 HEMMEN AVENUE, CUN[UN. FL Authoriz8110" Nuro.r LB 8812 VOICE 727-415-8305 FLORIDASURVEYOR@AOL.COM AERIAL MAP Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClea rwate r.co m Proposed New Utility Easement 2251 Drew St. Parcel: 18-29-16-00000-220-0300 Grid #: 290A ST -R: 18-2911-16e Aerial Flown 2019 Map Gen By: WD Reviewed By: RB Date: 5/5/2020 Page 1 of 1 Document Path: C:lUserelW bletta.DabrowaklCity of ClearwaterlEngineering Geographic Technology - Location Mapa12251 Drew St.mad