AGREEMENT FOR RIGHT OF WAY EASEMENT
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74117774
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u. ~.4210 PAGE1008
AGREEMENT
THlS AGREEMENT. made and entered into this ,':<?~~day of
~. 1974, by and between the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City", and WILLIAMS
AND WALKER, LTD., a Florida limited partnership, hereinafter referred
to as !'Owner";
WITNESSETH:
WHEREAS. on April 4, 1973, the predecessors in title, Lester
Bernfe1d, et ai, granted and conveyed to the City of Clearwater, Florida,
a municipal corporation, an easement for
right-of-way installation and
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The East 40.0 feet of the following de scribed tract:
The South 600.00 feet of the East 1/4 of the Northeast
1/4 of the Northeast 1/4 lying South of State Rmd 590 and
West of U. S. Highway 19, further described as follows:
From the Northeast corner of Section 7, Township 29 South,
Range 16 East, run S 0054'44" W along the centerline of U. S.
Highway 19, 89. 58 feet; thence N 89005' 16'1 W, 100. 00 feet
to a point on the West right-of-way line of U. S. Highway 19;
thence S 0054'44" W along said West right-of-way line 641. 00
feet for a P. O. B. ; thence continue S 0054'44" W along said
West right-of-way line 599.78 feet; thence N 89056'04" W,
235.69 feet; thence N 00053' 39" E, 603.26 feet; thence
S 89005116" E, 235.85 feet to a point on said West right-of-way
line and the P. O. B. ,
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maintenance, described as follows:
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which Easement was recorded in O. R. Book 4019, page 31 of the Public
Records of Pinellas County, Florida; and
WHEREAS. the property is now in the process of being developed and
improved with the erection of restaurant facilities; and
WHEREAS. as a part of this development, it is desired to erect an
identification sign which will be located within the above-described forty foot
(40') right-of-way easement; and
WHEREAS, the City is agreeable to the erection and conditional
continuation and use of said sign under certain conditions and subject to
certain restrictive provisions;
RETURN TO:
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o. k.4210 PAGE1009
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable consideration between the parties, receipt of which is
hereby acknowledged, the parties hereto covenant and agree as follows:
1. Owner hereby acknowledges that the identification sign to be erected
is within the forty foot (40') right-of-way easement described above and is an
encroachment upon said easement and its continuation is subject to removal
and the Owner may be required to remove the same in accordance with the
procedure set forth herein.
2. Owner hereby covenants and agrees that at any time the City shall
serve a written notice upon them or their successors in title requesting the
removal of said sign, that they will, within thirty (30) days from the service of
said notice, completely remove the sign in its entirety at their expense.
3. Owner further covenants and agrees that in the event the City serves
notice upon them for the removal of said sign and they do not remove it within
the prescribed time, the Owner hereby authorizes the City, through its agents
or representatives, to enter upon the premises and have said sign removed
and any costs, charges or expenses for the removal thereof shall be assessed
against the property as a lien.
4. Owner further covenants and agrees that in the event the City serves
such notice of removal and Owner does not remove the sign within the prescribed
time, that they will save the City, its agents or representatives, harmless
from any and all costs or claims by any person in connection with the removal
of said sign.
5. This agreement is to be regarded as a covenant running with the land
regardles s of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on the present
owners, their successors and assigns, and also upon the present lessee, their
successors or assigns and any subsequent lessees or parties who may then
be in possession of the premises.
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u.J.4210 PAGf1010
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, until receipt of written
instructions notifying the other party of a different address:
City:
City Manager
PO Box 4748
Clearwater, Florida 33518
Owner:
Williams and Walker, Ltd.
1445 Court Street
Clearwater, Florida 33516
7. The parties hereto agree that this agreement shall be recorded in
the public records of Pinellas County, Florida, to serve as constructive notice
as well as be actual notice to everyone of the existence thereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be
day and year last above written.
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Approved as to flnm & c,A,frectness:
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City ttorney ,~
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WILLIAMS AND W~~TD.
By ~L~
Edmund I-l. Walker, Jr.
General Partner
STATE OF FLORIDA
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v. t421Q PAGE.t011
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who executed the foregoing instrument and severally acknowledged the execution
thereof to be their free act and deed as sueh 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 C1earwateri:nih~ County of
Pinellas and State of Florida, the day and year last above writte:r1.,,:,,";::'''''''1
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREB Y CERTIFY that on this / ~ day of March, A. D. 1974,
before me personally appeared Edmund H. Walker, Jr., General Partner, of
Williams and Walker, Ltd., a Florida limited partnership, to me known to be
the person deseribed in and who executed the foregoing instrument, and he
acknowledged execution thereof to be his free act and deed for the purposes
therein recited.
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WITNESS my signature and official seal at C1earwat,~~.~cdt;,~'t~/(j;f
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Pinellas, State of Florida, the day and year last aforesaid';,';:) ,,~...,,'>";
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My Commission Expires:
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