LOYD AND ANITA MOSLEY
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o.R.1283 PAGE381
~// 884057 A
AGREEMENT
This Easement Agreement made and entered into this
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IJ day of August, 1961, by and between LOYD C. MOSLEY and
ANITli J. MOSLEY, his wife, hereinafter referred to as the First
Parties, and the City of Clearwater, a Municipal Corporation, in
Pinellas County, Florida, hereinafter referred to as the Second
Party.
Witnesseth that:
For and in consideration of the sum of JIO.OO and
other good and valuable considerations passing between the
Parties, it is understood and agreed as follows:
1.
That the First Parties are the owners in fee
simple of that certain property situate in Pinellas County,
Florida, and described as follows:
The North 322 feet of the Northwest one
quarter (NWi) of the Southwest one quarter
(s~ri) of the SouthlTest one quarter (S'd~d
of Section 2, Township 29 South, Range
15 East.
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2. That concurrently herewith the First Parties
have conveyed to the Second Party the South 150 feet of the
East 180 feet of the above described property for the install-
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ation of a storage water tank.
3. That Kings Highway runs along the INest side of
the property of the First Parties and Otten Road runs along
the North side of said property and Second Party needs access
to lay a water line North from the property described in
paragraph 2 hereof to Otten Road and West on Otten Road to
Kings Highlrlay. There is uncertainty as to whether the County
owns any right of way for the said Otten Road along the proposed
pipe line and it is in order to aspire access to Kings Highway,
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0, R. 1283 PAGE 382
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4. The Second Party shall have the right to lay and
East;ltl'^- I~
maintain a pipe line along the ~ 20 feet of the North 172
feet of the property described in paragraph one (1) above, to
Otten Road. In the event that the Second Party does not
otherwise have a right to lay and perpetually maintain a pipe
line V/est on Otten Road, to its intersection with Kings Highway,
then the Second Party shall have the right to lay and maintain
a pipe line along a strip consisting of that portion of the
Property of First Parties, on which Otten Road is now situated,
but not to exceed .,.0 feet in width. In so laying and ~
unnecessarily?! C"2.t...'--.,
maintaining said pipe line, the Second Party shall not/damage,
destroy, remove, or cut back any shade trees, fruit trees, pecan
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trees, I.H'v, structures, or any other improvements or natural
vegetation (other than grass, palmettos, and brush) on the lands
of the First Parties, nor shall the Second Party, its employees,
agents, or assigns interfere with the free use of said lands by
the First Parties.
5. The Second Party shall not assign, transfer, or
encumber this agreement in any respect, or any of its rights
and obligations under this agreement without the prior written
co nsent of the First Parties.
6. This Agreement shall be binding upon , and the
benefits inure to the heirs, administrators, successors, and
assigns of the respective Parties.
IN WITNESS vfHEREOF, the Parties have hereunto set
their hands and seals on the day and year first above written.
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(SEAL)
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0, R, 1283 PAGE 383
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CITY OF CLEARWATER
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(SEAL)
y;z;J; Z::e~tness:
City Attorney
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STATE OF FLORIDA )
( ss
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day before me, an
officer duly qualified to take acknowledgments, personally
appeared, LOYD C. MOSLEY and ANITA J. MOSLEY, his wife, to
me known to be the persons described in and who executed the
foregoing instrument and they acknowledged before me that
they executed Ue same.
....'. Florida.,
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" )'>':2"~"~~~"'v,> ...~::-. . ~ of Florida at Large
. ;" ,',';;"',fi:lotary Public, "'''''''. Sept. 1 1964
...:-~'" .,. My commlssla;a IlDtp"res ' f N. Y.
'....,~;..,.. Bonded bY Am'erlcan surety Co. 0
WITNESS my hand and seal in the County of Pinellas,
this I / ~y of August, 1961.
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I o.R.1283 PAGE384
STATE OF FLORIDA )
( ss
COUNTY OF PINELLAS )
I HEREBY CERTIFY THAT on this day before me, an
officer duly qualified to take acknowledgments, personally
appeared, ROBERT WEP~HERLY, Mayor, JAMES R. ST~NlffiT, City
.
Manager, and ROBERT 1;mITEHEAD, Clerk of the City of Clearwater,
to me known to be the persons described in and who executed the
foregoing instrument and they acknowledged before me that they
executed the same.
\'lITNr;~and and seal in the County of Pinellas,
Florida, this ay of August, 1961.
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: " ~'''-"'''N0~ani E.y~ic, State of Florida ~t Large
,'): {), ." !II\Y".c~i~ion EXOlres Dec. 27, 1961,
.;,. U w 1./!ron~~~Amencan Surety Co.. of fi. 'L.
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SEE PLANS IN FILE