LICENSE AGREEMENT
-~----- .....-..--..--- -----' _:_~
.~.
(
I I
75047409
IJ D. g. 4279 p~GE1982
...._ll I~'l.,~,~~;:.',;_;i:_~ ,'t,:
i-"!lft.:L_n.... ".' '. I L. " .
Ai' "';""'-'..
, ~.....&A.i\...' J ,..J.UAJL'>,'.
d' C;'fR~ CiR\Ulf !>:'W:~
? Am \7 3 19 rH '15
THIS LICENSE AGREEMENT,
LICENSE AGREEMENT
.2. Y T'day of
made this
~6U-~/ ,A. D. 1975, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter called l1Licensor" and U. S.
HOME OF FLORIDA, INC., a Florida corporation, hereinafter called
"Licensee";
WITNESSETH:
WHEREAS, Licensor is the owner in fee of a tract of land in the
County of Pinellas, State of Florida, described in Exhibit A, attached hereto
and made a part hereof, hereinafter called the "Premises"; and
WHEREAS, Licensee is desirous of acquiring from Licensor the use,
privilege and license to construct a drainage ditch across the Premises; and
WHEREAS, Licensor is willing to grant such use under certain terms
and conditions;
NOW, THEREFORE, for and in consideration of the mutual benefits
herein contained, Licensor does hereby grant and convey to Licensee the
use, privilege and license to construct a storm drainage ditch across the
Premises in the easement area described in Exhibit B, attached hereto and
made a part hereof, subject to the following terms and conditions:
1. Licensor shall construct the storm drainage ditch in accordance
with the approved plans and specifications entitled "Proposed Drainage Easement"
prepared by Post, Buckley, Schuh and Jernigan, Inc., dated October 15, 1974,
hereinafter called the "Plans", which Plans are described in Exhibit C,
attached hereto and made a part hereof.
2. That upon completion of the construction of the storm drainage
ditch, Licensor, its successors, lessees or assigns, shall maintain the
easement area thereafter.
3. In the event that Licensor's construction of parking lots, access
roads, buildings or other improvements on the Premises in proximity to the
easement area is restricted by the easement provided herein, Licensor
reserves the right to require Licensee to either:
,1 ; ...
:.. t"llCY
C,it,",.." (:,f ~~>i {) Yi'('I,>: ,l'l L~3
,Clear\\a~81', 1.,'lUl'ldu 33518
-1-
RETURN TO:
Gl TY CLE'BX
P. O. -::';;'::3
CY_.r~ ..:~\ ~ ~ ,,:\T ,.-.\ T:"i' , L\ <::) ') i~ 1 (~ /)/\ I:-~ "....,\
..l J_,.."..... dd<... _, 'lX"u'-t._J /...,./
i'A {, fHer ' Oil' (( (
II
I~l v. R. 4279 PAGE1.983
(a) relocate the drainage ditch at Licensee's expense, to an
area designated by Licensor in a recorded easement; provided,
however, that Licensee shall not be obligated to construct a drainage
ditch of a type, size and length greater than set forth in the Plans
unless expressly agreed to by both parties; or
(b) construct and install in the easement area described in
Exhibit B, at Licensee's expense, storm drainage pipe to transmit
the flow of water previously carried by the drainage ditch; provided,
however, that the drainage pipe to be installed shall not be larger
than neces sary to transmit the storm runoff from Licensee's
property (storm flow of 110 cubic feet per second).
Licensor shall provide notice in writing to Licensee of its intention to exercise
its rights provided under clauses (a) or (b) above, which notice shall set forth
the reasons for Licensor's exercise of such rights as provided herein.
Licensee shall have a reasonable time, after Licensor's notice, to prepare
plans, obtain construction bids and take whatever steps are necessary to
comply with Licensor's request as provided in the notice. Notwithstanding
anything to the contrary set forth above, Licensee shall not be required to
relocate a greater portion of the drainage ditch nor install a greater amount
of drainage pipe than neces sitated by the reasons for such construction as
enumerated by Licensor as required by this paragraph; and Licensor's right
to require relocation of the drainage ditch or the installation of drainage
pipe shall terminate on December 31, 1980, and a request prior to such date
by Licensor requiring Licensee to either relocate the drainage ditch or to
install drainage pipe shall constitute an immediate and irrevocable termination
of Licensor's rights to take any further action with respect to this easement,
other than as required by Paragraph 2 hereof.
4. This License Agreement shall become effective subject to the
recording of an Easement for the easement area provided herein into the public
records of Pinellas County, Florida.
This
j n;; ~:l~~J ~n (-,:( \-~,
~-,~.~:'. ~~
T1;(,:~:""Nl by:
.2.
I1I~}~ ljI~.-~~:
'i','~r, r, (i. ]<~<!:<- 4/l~lS
Cli;\T cL (:!,';,
, ',\::~~l,~,,',r';J~l 03518
' C1Garvi;J,ccr,. ,-
" j\,
,.LCY
RETU>ll'l TO.
CITY CLERK
P. ()~ E.:,(t,:;~ q"l<;;
C~_L l.r;.'\ I~,T~/,-\ 'I"'.Tijl:r1 :l-i"'-'- ;
) '..... -'
II
I.IU, R. 4279r~tE1984
5, All covenants, terms and conditions contained herein shall
inure to the benefit of, and be binding upon, the parties and their respective
successors and assigns, and shall be considered covenants running with the
land,
IN WITNESS WHEREOF the parties have set their hands and seals
on the date first above written,
Signed, sealed & delivered in the
presence of:
F CLEARWATER, FLORIDA
'l0.
Countersigned:
c/;!!;~~
By
Approved as to form and
;;~~
City Attorney
::
U. S. HOME OF FLORIDA, INC.
~/~7
~~ ~. .~
- s to U, S, Home of F~a, Inc.
\
By ~.
Vi ce-Pre sident
i >-1 >' '~:-'- ~ ,
, ;{ (ffi;
Attest: \,
~ -~.
, ...,,(/~ ".;. .
',/' ..
J( r7I h'~.#:;/d.{
Asi't - Sec tary
STA TE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this :2. t..fz7.. day of ~~
A. D. 1975, before me personally appeared Picot B. Floyd, Herbert M, Brown,
R, G. Whitehead and Gabriel Cazares, respectively City Manager, City Attorney,
City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal
corporation existing under the laws of the State of Florida, to me known to be the
individuals and officers described in and who executed the foregoing instrument
and severally acknowledged the execution thereof to be their free act and deed
as such officers thereunto duly authorized; and that the official seal of said
municipal corporation is duly affixed thereto, and the said instrument is the
act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
My Commission Expires:
NotarY Public, Slate of Florida at lor"
My ComrniuiOtl Expires S.pt. 29, 1977
~.~ Dy' AmenCQll tu. a WIIuatl)' 1..0.
ltETURN TO:
CITY CLERK
P. O. POX .17/:1
CLE" n\V \ -, ',: "'.
;'~~ ~-""\1'''' r'l b -~~.'-;-"- ~-, ,j, \ 1":1
HEI~JjI1~L~'T y . 3
. ".'''''''/'':U;--:;l:)V,- -
City of :.\v<\iyc', .P. U. '1'rl:)
Clearwater Flori-la" ')')"18
' L uU'U_1..
Thi,
---
.-\
c:'
::;
\:.1. CL,
:~ " '-I
. -I.:'
, I., \
",..
,,:
.'
I I
tJ. R. 4279 PAGf1985
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, this day personally appeared
Maurice J. Hillmver and Marilyn R. Konkel
to me well known and known to me to be the individuals described in and who
executed the foregoing instrument a~j~esident a~t:"etcretary respectively,
of the Corporation named in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf of
and in the name of said Corporation as such officers; that the seal affixed to said
instrument is the corporate seal of said corporation and that it was affixed thereto
by due and regular corporate authority; that they are duly authorized by said
corporation to execute said instrument and that said instrument is the free act
and deed of said corporation.
IN WITNESS WIEREOF, I have hereunto set my hand and affixed my
official seal this 14th day of March , A. D. 1975.
My Commission Expires:
NotlryPublic, St~t~ ot Rori'!:,/)! t'IG'
C '.r '-'.' 'J" '''7e
Mv Oml1'iiSmn l:;~;:i;':S .,..... MOl, II J
hnd.e e-,. IH.'t,,:(r,n ii,,, I,l ".h.by e.,
C), \~li!:!1!illl
4\\ - "
/' '-S~<;.. .+ ;' ,./,>",'
a u./ U-, ./l/',/L&.~,.: L'- ';.
otary Public t: i -::./") ." ,..... '.;
f~"J J ':,. ~ '..')
~ \;::"':Ji.;;J /
\:::~;'~::. ;
';/.;.
.J... '....1 ,''<.
, "-
"
"!,,,.:\'
-4-
This iDsJ:rUYIWJlt v.'."" J)}.(.],.:,yed by:
.t j,','!.. ~;:.:: J: , (.I. l\,tto.:rney
City of CJ:L',i:.t.r, P. ,). Enx 47~18
Clearwater, Florida 33518
RETURN TO:
CITY CLERK
P.. D. F"C~}t 4743
CTJD.L\~:{\VATEi;~C. FLA. 3:3518
." "
-
..
. .
r t '
,
.-
" I
LEG^L DESeRJ PTION
TRACT 1
iO.R. 4279f.&:G'f1986
That part of the Northeast 1/4 of the Northwest 1/4 of Section 28,
Township 28 South, Ranq~ 16 East, lying Northwest of ~tate Road No. 580,
(subject to a water line easement to the City of St. Pp.tersburq recorded
in O.R. Book 1349, page 613)
AND
the East 1/2 of the Southwest 1/4 of Section 21, Township 28 South, Ran~e
16 East, LESS the North 30.00 feet thereof and subject to a water line
easement to the City of St. Petersburg recorded in O.R. Book 1349, page 614,
AND
the West 1/2 of the Southeast 1/4 of Section 21, Township 28 South, Ranqe
16 East all in Pinel1as County, FLORIDA - LESS existing rights-of-way,
containing 178.90 acres more or less.
TRACT 2
EXHIBIT A
.1,
repared hy-t
. . t rnent was p, 't ey
ThIS Ins rn, '. ~ ..,.'..,. ("1" A. ofn
1) 1'"'1 ( I \ -'. ,< j.' ~I.)
HERBEWr WI."'" i< o. l~:lx -ii48
City of elc;:",. Florida 33518
Clearwater, ,
RETURN TO:
CITY CLErC:\.
P. O. BOX 4748
CLEARW ATER, .FLA. 33518
..-"
II
"
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
O. R. 4279 PAGE1987
.J!
_ 'r ~
Commence at the N.W. corner of said Section 28, Township 28 5, Range 16E; thence proceed
S 00 10' 43" W, along the west Ii~e of said Section 28, Township 28 S, Range 16 E, 1000.38 feet to
the POINT OF BEGINNING; then~e N 890 50' 01" E, 769.08 feet; thence N 75~ 49' 12" E,
83.63 feet; thence N 890 55' 19" E, 445.07 feet to the west Right-of-Way line of State Road 593
(McMullen-Booth Road); thence S 00 18' 10". W, along said west Right-oF-Way line of State Road
o 0
593, 30.00 feet; thence S 89 55' 19" W, 441.16 feet; thence 5 75 491 12" W, 83.61 feet; thence
S 890 50' 011' W, 772.96 feet to said west line of Section 28; thence N 00 10' 43" E, along the west
line of said Section 28, 30.00 feet to the POINT OF BEGINNING.
EXHIBIT B
Thi" i'>:',:'\\l'~":':' " ','.' rrel)::lred by:
HEU.n~;:;i' ;/ .i'; , " "; Attorney
City of C.L~'_.l. :,). };";:: {7 ~3
Clearwater, li'lcri(~a 3i$518
~EYUP..N TO:
CITY CLE?:'I
p~ C - E,C.,.,:
CIJFiA r \." '~:.
1\',.,.,..
(1
f
:::
\-
\
'\
.~v-~\)'\,./ ...-#
t....... . "
.r,t . ,------ '
-i \)q,"\~ ,.' ' 3~''''-----'' .'
'-'"--/1:\/........ ".,..
\~ii\~Ioi\\ ~ -"\W"'.':
~ ,...1"
, . '..t" ~\. cii
'-" "J. .
" ....
~~\.;'
~ ~\,
,~
....,
~
~,
~
~
--
,~t.'l":.....~\,.,( ,~'l
. to. r.. ..;~.......;" .~,'~"
~:;~~~~ t,..":""
\
\
\
\
\
\
\
\
\
\
,
\
~
SEE PLANS IN FILE