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WSSA PALM HARBOR VA LLCReturn to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2021134350 04/23/2021 02:39 PM OFF REC BK: 21501 PG: 1195-1202 DocTYPe:EASEMENT RECORDING: $69.50 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, WSSA PALM HARBOR VA, LLC, a Florida Limited Liability Company, whose mailing address is 503 S. Saginaw St., Suite 600, Flint, Michigan 48502 ("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 lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit "A" and Exhibit "B" 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 governmental 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 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 � �IVITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this .2"1 day of / ieu y , 2029'. 1 Signed, sealed and deliv in the presence of: Ai 'kora Witness signature Print witness name Witness signature e I f ob& i. Print witness name STATE OF / 4erZi COUNTY OF a'ria)k:S : ss WSSA Palm Harbor VA, LLC Joh r abty - Member The foregoing instrument was acknowledged before me by means of E. physical presence or ❑ online notariz tion, this o? by FEBk.u/'--C-i f/r9 f WSSA Palm Pirt Harbor VA, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. DONNA L KLAGSTAD Notary Public - State of Michigan County of Genesee my Commission Expires Apr 21, 2024 Actino; in the County of aes) I 3( X4 -i Signature of person taking ackn ledgement L. 1CLSi.4� Type/Print Name .tlrrme! - £r14 -rte of ruCls it/ Title STATE OF ft@RIDA Ge.vi's COUNTY OF PINEI±AS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Jon -a 61'7' as Member of WSSA Palm Harbor VA, LLC., whom, being duly authorized does 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 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.) None 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 entered.) None 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 WHEREOF, the undersigned grantor has caused these presents to be duly executed this o2 day of F,EBRu, y , 2020: igtk_ Signed, sealed and delivered in the presence of: WSSA Palm Harbor VA, LLC Witness signature Print witness name Witnessignature (pre+vo•(_ Print witness name STATE OF H` reAA Z p -n) : ss COUNTY OF G r� The foregoing instrument was acknowledged before me by means of & physical presence or ❑ online notarization, this/O6A. by: p Si+TYiniiri 4r&f of WSSA Palm Harbor VA, LLC, aFFIoorida-limited liability company, on behalf of the company, who is personally known to me or has produced as identification. DONNA L KLAGSTAD Nr;tary Public - State of Michigan County of Genesee My Corr,miss'.on Expires Apr 21, 2024_ Acting in the County of C'.rEi✓iaS.Ee• /51-4101/ Signature of person taking ackndgement Type/Print Name 4 Y - err 6sfr- /)/Cff.Zg Title EXHIBIT A SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION: 10' UTILITY EASEMENT COMMENCING AT THE COMMON CORNER OF LOTS 2 AND 3, THE VILLAGE AT COUNTRYSIDE PARCEL 4 REPLAT, ALSO BEING THE SOUTHWEST LINE OF PARCEL 5 THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGES 3-6. THENCE RUN ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2, S 4T06'06" W, 30.09 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHEASTERLY UNE OF LOT 2 S 47'06'06" W, 10.00 FEET; THENCE N 43'03'15" W, 375.34 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 2; THENCE N 47'06'06" E, ALONG SAID NORTHWESTERLY UNE, 10.00 FEET; THENCE S 43'03'15" E, 375.34 FEET TO THE POINT OF BEGINNING. SURVEYORS REPORT 1.) THIS IS A SKETCH AND DESCRIPTION ONLY, NOT A SURVEY. ITS PRIMARY PURPOSE IS TO SHOW / DOCUMENT THE LOCATION OF THE PARCEL & EASEMENTS. 2.) THIS SKETCH COMPUES WITH THE FLORIDA STANDARDS OF PRACTICE PURSUANT TO 5J-17 FLORIDA ADMINISTRATIVE CODE FOR THIS TYPE OF SURVEY AND IS NOT INTENDED TO MEET THE NATIONAL STANDARDS. 3.) THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD. ENCUMBRANCES, RESTRICTIVE COVENANTS. OWNERSHIP TITLE EVIDENCE. OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 4.) THE BEARING BASIS IS PER PLAT BOUNDARY. THE BEARING REFERENCE UNE IS EASTERLY UNE OF LOT 2 BEING N 4753'54" W. NORTH ARROW IS BASED ON THE BEARING STRUCTURE 5.) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. NO EVIDENCE CR STATEMENT IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND CONTAINERS OR FACILITIES THAT MAY AFFECT THE USE CR DEVELOPMENT OF THIS PROPERTY. B.)THIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. CERTIFICATION IS NOT TRANSFERABLE. 7.) COPYRIGHT ® LAND PRECISION CORPORATION. ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS PLAN WITHOUT AN ORIGINAL SIGNATURE AND IMPRESSION SEAL ARE NOT VAUD. SHEET 1 OF 2 UPDATE: Et—Et— Reason: I attest to the Vlrt ent E. Corbitt accuracy and integr)ty of this document ,0,0,11/111,1,,„, i ,',C,;N7 E. Cpl `ySE Nv6 `j]' 4608 F,A , '� Digitally signed by', Vincent E. Corbitt Date: 2020.06.26 ' .p STATL 3� oaoo ' or'. FLORIDA Q� %, °s`S;',_.. - "„Sad �,zii"111/1 II 11111°1% LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#6168 SURVEYING MAPPING — PLANNING JOB NUMBER: 20037SD1.DWG DATE: 6/11/20 SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LINE BEARING DISTANCE L1 S 47'06'06" W 10.00' L2 N 47'06'06" E 10.00' CURVE RAD U§ LENGTI1 CH0R4 BEAD NC, C1 113.82 21.76 21.73 N 16'4533 W C2 15.00' 26.44' 23.15' N 61'46'30" W LOT 1 // s \ EASTERLY UNE LOT 2 rut. \ - SOUTHWESTERLY UNE PARCEL 5 Irt.t mkt. PARCEL #5 y ��' �Sa THE VILLAGE AT COUNTRYSIDE a� jss aj�, PLAT BOOK 86 PAGE 3-6 0 L LOT 2 4 tt,S CtN;r.c •t.tPOC A' A's\ COMMON CORNER '7� �`S' OF LOTS 2 & 3 N42'53'54'W 75.01' 1 b1. / \ s 43/4,3 SOUTHWESTERLY RIGHT-OF-WAY UNE . ;4/ cis OVI:k ce �/ Q SECTION LINE 30-26-15 SECTION UNE 31-28-16 LOT 1 561 RENAISSANCE PLAZA A CONDOMINIUM. 0.R. BOOK 5908, PAGE 1860-1906, CODOMINIUM BOOK 81 PAGE 57 NI a 10' UTILITY EASEMENT / / ABBREVIATION LEGEND PG - PAGE Y. — Centerline FIP - Found Iron Pipe R/W - RIGHT-OF-WAY N&D - Nall and Disk C/T - Curb Tie PC - Point Of Curve POB - Point Of Beginnning F/T Fence Tie POL - Point On Line PCP - Permanent Control Point (M) - Measured POC - Point Of Commencement (P) - Plat BRL - Bearing Reference Line FCM - Found Concrete Monument FRL- Field Reference Line PRM - Permanent Reference Monument • - Section Comer O.R. - OFF1CIAL RECORDS NTS - NOT TO SCALE / 601 6\79% 41, / LOT 3 cVP POB 80 GRAPHIC SCALE 80 ( IN FEET ) 1 inch = 80 ft. SHEET 2 OF 2 LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#61 68 SURVEYING MAPPING — PLANNING JOB NUMBER: 20037SD1.DWG DATE: 6/11/20 EXHIBIT B SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION: EASEMENT "A" (10' UTILITY EASEMENT) COMMENCING AT THE COMMON CORNER OF LOTS 2 AND 3 THE VILLAGE AT COUNTRYSIDE PARCEL 4 REPLAT, ALSO BEING THE SOUTHWEST UNE OF PARCEL 5 THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGES 3-6; THENCE RUN ALONG THE EASTERLY OF SAID LOT 2, ALSO BEING THE WESTERN LINE OF SAID PARCEL 5, THE FOLLOWING TWO COURSES; 1) N 42'53'54" W, 162.35 FEET; 2) N 47'06'06" E, 233.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 19, AS RECORDED IN O.R. BOOK 6407, PAGE 171; THENCE N 42'53'54" W ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE, 129.09 FEET TO THE POINT OF BEGINNING; THENCE S 46'45'35" W, 359.28; FEET, THENCE S 3519'09" W 107.01 FEET; THENCE S 42'52'11" E, 16.91 FEET, THENCE S 47'07'49" W, 85.34 FEET, THENCE S 42'53'54" E, 81.79 FEET; THENCE S 47'06'06" W, 10.00 FEET TO THE SOUTHWESTERLY UNE OF SAID LOT 2; THENCE N 42'53'54" W, ALONG SAID SOUTHWESTERLY LINE, 90.61 FEET; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE, N 06'53'41" W, 1.46 FEET; THENCE N 47'07'49" E, 84.48 FEET; THENCE N 42'52'11" W, 15.04 FEET; THENCE N 35'19'09" E, 116.14 FEET; THENCE N 46'45'35" E 360.34 FEET, TO THE AFORESAID SOUTHWESTERLY RIGHT-OF-WAY UNE OF HIGHWAY U.S. 19, THENCE S 42'53'54" E, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 10.00 FEET TO THE POINT OF BEGINNING. LEGAL DESCRI11ON: EASEMENT "B" (10' UTILITY EASEMENT) COMMENCING AT THE COMMON CORNER OF LOTS 2 AND 3, THE VILLAGE AT COUNTRYSIDE PARCEL 4 REPLAT, ALSO BEING THE SOUTHWEST LINE OF PARCEL 5, THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGES 3-6; THENCE RUN ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2, S 47'06'06" W, 333.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE OF LOT 2, S 47'06'06" W, 10.76 FEET; THENCE ALONG THE SOUTHWEST UNE OF SAID LOT 2 BEING A CURVE TO THE RIGHT, CONCAVE NORTHEAST, HAVING A RADIUS OF 113.82 FEET, AN ARC OF 21.76 FEET, BEARING N 16'45'33" W, 21.73 FEET; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE OF LOT 2 N11'16'30"W, 82.81 FEET. THENCE N 78'43'30" E, 10.00 FEET. THENCE S 1116'30" E, 82.81 FEET. THENCE ALONG A CURVE TO THE LEFT, CONCAVE NORTHEAST, HAVING A RADIUS OF 103.82 FEET, AN ARC OF 16.05 FEET, BEARING S 15'42'40" E, 16.04 FEET TO THE POINT OF BEGINNING. SURVEYORS REPORT 1.) THIS IS A SKETCH AND DESCRIPTION ONLY, NOT A SURVEY. ITS PRIMARY PURPOSE IS TO SHOW / DOCUMENT THE LOCATION OF THE PARCEL & EASEMENTS. 2.) THIS SKETCH COMPUES WITH THE FLORIDA STANDARDS OF PRACTICE PURSUANT TO 5J-17 FLORIDA ADMINISTRATIVE CODE FOR THIS TYPE CF SURVEY AND IS NOT INTENDED TO MEET THE NATIONAL STANDARDS. 3.) THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 4.) THE BEARING BASIS I5 PER PLAT BOUNDARY. THE BEARING REFERENCE UNE IS EASTERLY UNE OF LOT 2 BEING N 4753'54' W. NORTH ARROW 15 BASED ON THE BEARING STRUCTURE. 5.) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. NO EVIDENCE OR STATEMENT IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND CONTAINERS OR FACIUTIES THAT MAY AFFECT THE USE OR DEVELOPMENT OF THIS PROPERTY. 8.)7HIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. CERTIFICATION IS NOT TRANSFERABLE 7.) COPYRIGHT © LAND PRECISION CORPORATION. ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING CR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS PLAN WITHOUT AN ORIGINAL SIGNATURE AND IMPRESSION SEAL ARE NOT VAUD. SHEET 1 OF 2 UPDATE: `1111011 III/VI'', .�`� jc'0AT. E„ Cp �.�`�„-T NUMB N4600taIIy strt +'t y Vincent E. Corbitt Viljcent E. Corbitt Reason: Iattest td - the accuracy and ', integrity of this document Date: 2020.06.26 ' -a‘', STATe:b:p4-04.00 ' ` o ' FLORIDA •' QQQ ssi ..• I . •��• LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#6168 SURVEYING MAPPING - PLANNING JOB NUMBER: 20037SD2.DWG DATE: 6/11/20 SECTIONS 30 & 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA LINE BEARING DISTANCE L1 S 42'52'11" E 16.91' L2 S 47'06'06" W 10.00' L3 N 06'53'41" W 1.46' L4 N 42'52'11" W 15.04' L5 S 42'53'54" E 10.00' L6 'S 47'06'06" W 10.76' L7 N 78'43'30" E 10.00' CURVE RADIO§ LENGTH CHORD BEARING, C1 113.82 21.76 21.73 N 16'45 33 W C2 103.82' 16.05' 16.04' S 15'42'40" E C3 15.00' 26.44' 23.15' N 61'46'30" W LOT 1 1.40 404, 4 1 CP 0 10' UTILITY EASEMENT RENAISSANCE PLAZA A CONDOMINIUM, O.R. BOOK 5908, PAGE 1860-1906, CONDOMINIUM BOOK 81 PAGE 57 SOUTHWESTERLY UNE OF LOT 2 N42'53'54'W 75.01' LOT 2 / POB EASEMENT "B" cP "R P4 +'S b EAOSEMENT "A"\4 N2,9 O 43„ ti� 00.9 P4 434) 10' UTILITY EASEMENT / SOUTHWESTERLY RIGHT-OF-WAY UNE SECTION UNE 30-28-18 /� EASTERLY UNE LOT 2 \ / WESTERN UNE PARCEL 5 SECTION UNE 31-28-16 PARCEL #5 THE VILLAGE AT COUNTRYSIDE PLAT BOOK 86 PAGE 3-6 Qip�s23POC \COMMON CORNER s OF LOTS 2 & 3 SOUTHWESTERLY _ice UNE OF PARCEL 5 / \<4.074:0\v= 80 GRAPHIC SCALE 80 /43 4` ABBREVIATION LEGEND PG — PAGE ti R/W —RIGHT—OF—WAY — Centerline FIP — Found Iron Pipe N&D — Nail and Disk C/T — Curb Tle PC — Point Of Curve POB — Point Of Beglnnning FFence Tle POL — Point On Line PCP — Permanent Control Point (N) — Measured POC — Point Of Commencement (P) — Plat BRL — Bearing Reference Line FCM — Found Concrete Monument FRL — Field Reference Line PRM — Permanent Reference Monument ir. — Section Comer O.R. — OFFICIAL RECORDS NTS — NOT TO SCALE LOT 3 ( IN FEET ) 1 inch = 80 ft. SHEET 2 OF 2 LAND PRECISION CORPORATION 2683 SUNSET POINT ROAD CLEARWATER, FL 33759 727-796-2737 FAX 727-796-3326 LB#61 68 SURVEYING MAPPING - PLANNING JOB NUMBER: 20037SD2.DWG DATE: 6/11 /20