COMMUNITY REDEVELOPMENT AGENCY AND ATRIUM AT CLEARWATER LIMITED (2)PREPARED BY AND RETURN TO:
Emil G. Pratesi, Esquire
Richards, Gilkey Law Firm
1253 Park Street
Clearwater, Florida 34616
f
EASEMENT FOR CROSSWALK
This Agreement made this c ? day of Pt)Ve be,(- , 1993, by and
among THE CITY CLEARWATER, FLORIDA, a municipal corporation
organized under the laws of the State of Florida, (hereinafter
referred to as "City") whose address is P. O. Box 4748, Clearwater,
Florida 34618-4748, and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF CLEARWATER, FLORIDA, (hereinafter referred to as "CRA") whose
address is P. O. Box 4748, Clearwater, Florida 34618--4748, and
ATRIUM AT CLEARWATER LIMITED, a Florida limited partnership,
(hereinafter referred to as "Atrium") whose address is 1601 Forum
Place, Suite 805, West Palm Beach, Florida 33401.
W I T N E S S E T H:
WHEREAS, Atrium is the owner of the certain real property more
particularly described in Exhibit "A" attached hereto and made a
part hereof; and
WHEREAS, CRA is the owner of that certain real property
described in Exhibit "B" attached hereto together with the air
space constituting the first two floors of the parking garage
constructed on the property described in Exhibit "B" commonly known
as the Park Street Garage; and
WHEREAS, there currently exists over and above that certain
publicly dedicated city street known as "Park Street" a walkway
which spans and connects the property described in Exhibit "A" to
the property described in Exhibit "B"; and
WHEREAS, certain foundations and pillars which support and
hold the walkway exist on CRA property; and
WHEREAS, the walkway and supports therefore were validly
constructed; and
WHEREAS, the parties wish to confirm the authority of the
walkway to continue to exist and the supports therefor.
NOW, THEREFORE, in consideration of $10.00 and other good and
valuable consideration the receipt and sufficiency of which is
1
hereby acknowledged the,parties agree as follows:
1. The recitals contained herein are true and correct and
made a part hereof.
2. The City and CRA hereby agree and consent to the existing
walkway located over and above Park Street and more particularly
described in Exhibit INC" attached hereto and made a part hereof.
3. City and CRA hereby agree and consent to the foundations,
supports and pilings which support the walkway being located on the
property described in Exhibit "B".
4. City agrees that the walkway will not be required to be
moved and that in the event of any damage or destruction to the
walkway Atrium or its successor in interest shall be entitled to
rebuild and repair the walkway similar to its condition prior to
the event causing the damage or destruction. City and CRA will
grant reasonable temporary construction easements to effectuate
such repairs including any repairs which may be presently required
due to existing damage as of the date hereof.
5. Atrium shall be solely responsible for the maintenance
and repair of the walkway and agrees to keep and maintain the
walkway in good condition and repair. Atrium shall save and hold
city and CRA harmless from any claim, loss, damage, liability or
cause of action arising out of, related to, or in connection with
the walkway and Atrium or its tenants, invitees, servants,
employees or guests use in connection therewith or the repair and
maintenance thereof. In the event that Atrium fails or neglects to
repair and maintain the walkway then in that event City and CRA, or
either of them, at their sole and exclusive option shall have the
right to repair and maintain the walkway in the event City or CRA
determines that such condition constitutes a threat to the safety,
health or welfare of the public. In the event that city or CRA
maintains the walkway or repairs any damage after giving notice to
Atrium and Atrium's failure to repair or maintain the walkway
within 1-5-60 days of notice of such damage unless such damage would
constitute a hazard to person or property in which case such
maintenance and repair will be conducted as soon as reasonably
2
feasable Atrium shall be liable to City and CRA or either of them,
as the case may be for all reasonable and necessary costs and
expenses incurred by either in connection with any maintenance,or
repair conducted by City or CRA.
6. Atrium shall have the sole right to discontinue the use
of the walkway at any time there being no grant, express or
implied, of any public purpose for the use, maintenance or
operation of the walkway.
7. Atrium at its sole cost and expense, and for the mutual
benefit of City, CRA and Atrium, shall carry and maintain the
following types of insurance in the amounts specified:
(1) Hazard insurance covering the walkway against loss
or damage by fire and against loss or damage by other risks now or
hereafter embraced by "extended coverage," so called, in amounts
sufficient to cover the replacement cost of the walkway in the
event of damage or destruction thereof.
(2) Comprehensive public liability insurance, including
property damage, insuring Atrium, City and CRA against liability
for injury to persons or property occurring in or about the walkway
or arising out of the easement, maintenance, use, or occupancy
thereof. The liability under such insurance shall not be less than
$1,000,000.00 for any one person injured or killed and not less
than $3,000,000.00 for any one accident and not less than
$100,00.00 for personal property damage per accident.
8. This Easement is granted to Atrium and appurtenant to the
property described in Exhibit "A" and shall inure to the benefit of
Atrium, its successors or assigns.
9. All notices shall be given by certified mail return
receipt requested directed to the parties at the addresses set
forth below:
As to City: P.O. Box 4748
Clearwater, Florida 34618-4748
As to Atrium: Attention: Walter J. Mackey, Jr.,.Esq.
1601 Forum Place, Suite 805
West Palm Beach, Florida 33401
and
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921 Chatham Lane, Suite 110
Columbus, Ohio 43221
10. This Agreement is binding on and shall inure to the
benefit of the parties, their successors and assigns.
}
IN WITNESS WHEREOF, the parties have executed this Agreement
the date stated above.
C ers' ned:
Rita Garvey
Mayor-Commissioner
Approved at to form
and cor ctne
M.A. Galbra' h, Jr.
City Attorn y
Name:
Name:
CI QF CLEARWATER FLORI A
BY:
Michael Wright
City Manacle
Attest:
Cynt as E. Goudeau
City lerk
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER,
FLORIDA
BY:
Arthur X. Deegan, II
Chairperson
BY:
Peter Gozza
Executive Director
fir, 7-4
STATE OF F1 o < 16 CL,
COUNTY OF if 2,
BY:
Jacquelyn DeGroy
Secretary
ATRIUM AT CLEARWATER LIMITED,
a Florida limited partnership
BY: Atrium at Clearwater,
Incorporated, a Florida
corporation, General
Partn r
BY :
Walter T. K mm
President
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements, RITA
GARVEY, MICHAEL WRIGHT, M.A. GALBRAITH, JR., and CYNTHIA E.
GOUDEAU, as Mayor-Commissioner, City Manager, City Attorney and
City Clerk, respectively of the above named City, who are
personally known to me or who have produced a- -.1
as identification, and they are the persons described in and who
executed the foregoing Easement for Crosswalk and they acknowledged
then and there before me that they executed the same as such office
4
on behalf of said City for the purposes therein expressed; and that
the said Easement for crosswalk is the act and deed of sai?jQjjf,,.
WITNESS my hand and officia seal this ?hday of--.*a-1go-0641
A/Cl1?PY?l?Pf 19]? v?q •?.
1
` r W4
14 ?0 t t 0, Notary Public
Commission No. 4"k
My Commission Expires:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements, ARTHUR X.
DEEGAN, II, PETER GOZZA and -eYNTHIA -.E. - GOUDEAU-; as Chairman,
Executive Director and Secretary, respectively of the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a body
politic and corporate under the laws of the State of Florida, on
behalf of the Agency, who are personally known to me or who have
produced as identification, and they are
the persons described in and who executed the foregoing Easement
for Crosswalk and they acknowledged then and there before me that
they executed the same as such office on behalf of said agency for
the purposes therein expressed; and that the said Easement for
Crosswalk is the act and deed of said agency.
WITNESS my hand and official seal this
, 19
Name:
Notary Public
Commission No.
My commission
STATE OF }- b ('j Cl,
COUNTY OF , n : U !:?
Expires:
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements, WALTER T.
KRUMM, as President of Atrium at Clearwater Incorporated, a Florida
corporation, as general partner of Atrium at Clearwater Limited,
who is personally known to me or who has produced cS?jJ?s?
as identification, and he is the person described in
and who executed the foregoing Easement for crosswalk, and he
acknowledged then and there before me that he executed the same as
such general partner on behalf of said partnership for the purposes
therein express; and that said Easement for Crosswalk is the act
and deed of said partnership.
4 ?? h
WITNE$p my hand and official seal this day of
--- No?fi?w?kr 1993.
a e•
tary Public
Comm i s s i o
My Com? rp? fires:
.•
0 r • 949191031 •
• :'fie
* -•.0 6 ?
9;040 to,
day of
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EXHIBIT "A"
PARCEL III:
Lots 1, 2, 3 and 4, Block 1113" of GOULD AND EWINGS 1ST AND 2ND
ADDITION TO CLEARWATER -HARBOR, FLORIDA according to a map or
plat thereof recorded in Plat Book 1, Page 52 of the Public Records
of Hillsborough County, Florida of which Pinellas County was
formerly a part, less road right of way, together with that portion
of said Block "13" which was formerly an alley, running East and
West through said Block "13", also vacated railroad right of way
described as follows: Begin at Southeast corner of said Lot 2,
Block "13", run thence East, along the Northerly right of way
of Park Street, 60.10 feet thence Northerly along the Easterly
right of way line of said railroad right of way also the West
lines of Lots 7 & 0, Block "20" of said GOULD AND EWINGS 1ST AND
2ND ADDITION, 229.0 feet more or less to the Southerly right of
way line of Cleveland Street; thence West, along the said right
of way line; 60.10 feet thence South along the Westerly right of way
line of said railroad right of way line also the Easterly line
of Lots 2 and,3, Block "13", of said GOULD AND EWINGS 1ST AND
2ND ADDITION, 220.93 feet more or less to the Point of Beginning.
All being in Section 16, Township 29 South, Range 15 East, Pinellas
County, Florida.
ALSO DESCRIBED AS:
Beginning at the Southeast corner of Lot 2, Block 13 of said GOULD
AND EWINGS 1ST AND 2ND ADDITION; thence along the Northerly right
of way of Park Street (Park Avenue - Plat) (A 60 foot right of way),
North 89 degrees 45153" West, 110.22 feet to the Southwest corner
of Lot 1, Block 13 of said GOULD AND EWINGS 1ST AND 2ND ADDITION;
thence along the Eastern right of way of South Garden Avenue North
00 degrees 02,16" East 227.94 feet to the apparent Southerly right
of way line of Cleveland Street as it now exists; thence South
09 degrees 50101" East 189.03 feet to the Easterly line of the
vacated S.C.L.R.C. right of way; thence South 04 degrees 42'26"
West 228.06 feet (229.00 feet, Deed) to the Northerly right of
way of Park Street (Park Avenue - Plat) (A 60 foot right of way);
thence North 89 degrees 45153" West, 60.10 feet to the Point of
Beginning.
SEE ATTACHED CONTINUATION SHEET. . .
PAGE TWO
LEGAL DESCRIPTION CONTINUED. . .
Together with all those volumes of air space situate in the City
of Clearwater, Pinellas County, Florida, containing the third
and fourth floors of a parking garage structure and the ramp leading
from the second floor to the third floor thereof, as described
in Parcels I and II as follows:
PARCEL I:
Commence at the Northeasterly corner of Lot 3, Block "6" MAGNOLIA
PARK SUBDIVISION as recorded in Plat Book 1, Page 70, Public Records
of Hillsborough County, Florida of which Pinellas County was
formerly a part, as a point of reference; thence North 09 degrees
45153" West, along the Southerly right of way of Park Street (Park
Avenue - Plat) (A 60 foot right of way) 210.94 feet; thence South
00 degrees 14'07" West, 15.00 feet to a point on the face of a
precast concrete wall, said point being the point of beginning;
thence continue along the face of said wall South 09 degrees 45153"
Cast, 109.21 feet; thence South 00 degrees 14107" West, 206.42
feet thence North 09 degrees 45'53" West-, 94.30 feet to point
"A" for convenience; thence North 09 degrees 45153" West-, 94.03
feet to the intersection of the face of said precast concrete
wall and the face of a masonry wall; thence North 00 degrees 19107"
East, 206.42 feet to the point of beginning.
The lowest limits of said air space being the bottom of the support
beams for the third floor of the parking garage at the lowest
level of said beams, having an elevation of 43.71 feet. The upper
limits of said air space being an elevation of 64.21 feet elevations
referenced to National Geodetic Vertical Datum of 1929, Mean Sea
Level - 0.00.
PARCEL II;
Commence at the aforedescribed point "A" as a point- of reference;
thence North 00 degrees 14107" Last, 104.21 feet to the point
of beginning of a 63.00 foot strip being 31.50 feet on each side
of the following described line; thence South 00 degrees 14'07"
West 162.0 feet to the point- of-termination. The lower limits
of said air space being an inclined plane along the bottom of
the support beams for the ramp leading from the second to third
floors of the parking garage. The lower point of which is the
point of beginning having an elevation of 35.71 feet; the upper
point of which is the Southerly boundary thereof having an elevation
of 43.71 feet.
The upper limits of said air space being the lower limits of Parcel
No. I above described.
CXHIBIT "B"
Lots 1, 2, 3, 1.2, 1.3 and 1.4 and railroad right--of-way lying westerly
of said lots I and 1.4, all in Block 11611, MAGNOLIA PARK SUBDIVISION,
as recorded in Plat Book 1., Page 70 and Plat. Boole 3, Page 43, of the
Public Records of Pinellas County, Plor.ida. '
LESS AND EXCRPT 11111; FOLLOWINC:
all those volumea Of air. apace Situate in rile City
of Clearwater, Pinellas County, Florida, containing the third
and fourth floors of a part ifkg garage structure and tl?e ramp leading
from the second floor to Lite third floor thereof, as described
in Parcels I and II an follows:
PARCEI, I:
Commence at the Northeasterly corner of Lot 3, Block "6" MAGNOLIA
PARK Su13DYVISION as recorded in Plat Book 1, Page 70, Public Records
of 11111aborough County, Florida of Which Pl.nallas County was
formerly a part, tie a point of reference; thence North 09 degrees
45'53" West, along the Southerly right of way of Park Street- (Park
Avenue - Plat) (A 60 Foot right Of, way) 210.94 feet; thence South
00 clerlr.een 14'07" Went, 15.00 feat- to a Point oil Lite face of a
precast: concrete wall, acid point being the point of beginning;
thence continue along Lha face of said wall South 09 degrees 45'53"
Rant, 109.21 feet-; thence South 00 degrees 14107" Went, 206.42
feet Likenc:e North (Ir) degrees 45153" Went1 94.30 'feat Lo point
"A" for convenience; thence North 09 degreas 45'53" West, 94.03
feet to Lite i,ntersecl:ion of Lite. face of said precast concrete
wall and Lite face of a masonry wall; thence North 00 degrees 14107"
East, 206.42 feet to Lite point of beginning.
The lowest limits of said air. apace being the bottom of the support
beams for, Lite third floor of the parking garage at Lila lowest
level of said beams, having an elevation of 43.71 feat. Tile upper
limits of said air apace being An elevation of 64.21 feet elevationa
referenced to National Geodetic Vertical DAtU111 of 1929, Mean Sea
Level -- 0.00.
PARCEL 11:
nrrrt ,'1I: this nfr?rr:ili:nr:riI:r:il PO IIIL "A" nn n fujiul'. ol` ruturnrtr:?e;
?.Iti:ttr_i: 11r?t't11 00 derarouu 14'074' I:atit, 1114.21. teat to tike point
Of beginning of a 63.00 ,foot strip being 31.50 Feel' on each aide
of the following described described line; thence Soul:h 00 degreea 14'07ba
West 162.0 feet- to the point of termination. The lower limits
of said ai.r. apace being an inclined plane along Lila bottom of
Lite aktppor. t Reams for the, ramp leading from tike second to third
f l.ooru of Lite parking garage. 110ha lower, point of which in tha
point of beginning Itavi.ncg an elevation of 35.71 feat; Lila upper
point of which is the Southerly boundary thereof having ark 610VALi.on
of 43.71 foot.
The upper limits of said air apace being tho lower; lim.ita of Parcel
No. I above described.
Ebchibit. "C"
f
I
OVaRNRAD OONCR ITR NkLKNr?Y
Comraenod at the Northosst corner of Lot: 3 'look b, of Gould
And awring'a Second Addition, ae rooorded In Plat Book 1, Paga
54 of the Publio Ragords of Hillaborou h Countyyi hloirida, at
ahIah Pinellas Count vas onoe h part; ?hanoe OW4515303,
along the South righ -of-vay line of Park Bluest, iB toot to
tits Point of Beginnihq;'thanoe 000614607"We 15.3 feet more or
leas, to the faCe of the Park Street Parking Gayraga; thence
899045153"8, along the taco of said building, 15 toot; thence
HOO.141074RO 75.3 rest more or Iowa, to a point on the North
right-of-vay line of Park Street: thanoe run N99045653"N,
along said North right-of-Na line, 15 teat; thence run
800014#07"N, 60 feet to the point of Beginning.
..
Exhibit "C" page 2