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AMERICAN SAVINGS FINANCIAL CORPORATION '-tt: ~ < .~~~~ ~oip! t~d~ ad3 .: ~ ~ 4111! ~ ~.-.l ~~ 6 ~~ ~_'t ~ 0] l.t~..r ..5l ~Q. ~" 1;) a ~~a ... ::: ~ ij =r: ~ " ] ~ ~ E~ ~a '""" ,:;' ~.-.l ~~.-.l ~ ~~ 8 . (l)Oj s~ t;' [. ~. ?,f.~/ ,~_'; ~',:' !'- "J ED ~'- .. L ""IfDA ~,tl;,'" '" '"t;~ C.LEF~,,:-.: J"'~~"-, j., . ""_ '.J"l'i" I..CUFlT JUL 9 if 22 ~H '12 I 82102038 ~. .1. ~ fACE BOO GRANT OF EASEMENT THIS INDENTURE entered this ~ day Of~' 1982, between AMERICAN SAVINGS FINANCIAL CORPORATION, a Florida corpo- ration, and SWIRE FLETCHER INC, a Florida corporation, as general partners of A & S PARTNERSHIP, a general partnership organized and existing under the laws of the State of Florida (hereafter referred to as "Grantor") and THE CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereafter referred to as "Grantee"). ~ ~i ~ ~i4.fji?lU/i WIT N E SSE T H: '. , 'i; 1) CONSIDERATION AND DESCRIPTION: The Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and agreements of the Grantee contained here- in, has this day granted to the Grantee, its successors and assigns, a permanent easement, including the perpetual right to enter upon the premises at any time it may deem necessary, including the right of ingress and egress for Grantee's utility vehicles, for the purpose of laying, constructing, operating, inspecting, maintaining, repairing, and replacing underground .DO .-l LC~ ~ r:f:I water lines, mains or structures for the conveyance of fresh water from the right-of-way of Island Way to fire hydrants and fire water meters located on the real property owned by the Grantor more particularly described in Exhibit "A" attached hereto. The portion of the real property described in Exhibit "A" which is affected by the easement hereby granted shall be the area 5 feet to either side of the centerline of each and every existing water lines, mains or structures for such purposes; provided, however, no portion of the property within or under any permanent buildings or structures on the aforesaid real property shall be subject to or affected by this Grant of Easement. 0,.1.. r~c.I' ~. 1. Jarllrt1Mtary Tax Pd. $., .......r.~. .. '1 ",.., I, ~ j 40 R:~c_~ ,0 . $...",\\\,....."".". IntRnr;:I)le Tax Pd, 41 DS ~__,_ . # K~:I'1~,. (!/aker, C!eJk I':nc::JS County 43 /'-1 ~'.I. ", "'"_"" Deputy. .Clerk . i~; :;:(7J'~$ c C; ,> ,.~';> vM':',.~ ; y --;,r I),"',; f1""""'./'~ Of' f'.~'" ,. ..'1'" ~ -:; {; iV~;""cV 7/:J-t1r;;' lIt{)O 8 - 8 ,I I U. i.5372 rAGE 810 The above, together with the right to excavate and refill ditches and trenches for the location of water lines, mains, and structures and with the further right to removes trees, bushes, brush, undergrowth, grass and other obstructions con- flicting with or interfering with the location, construction and maintenance of any of the aforesaid lines, mains and structures, are subject, however to the conditions and limita- tions contained herein. 2) RIGHTS AND RESTRICTIONS OF GRANTOR: The Grantor, for itself, its successors and assigns, retains the right to use the real property described in Exhibit "A" attached hereto for any lawful purpose other than the construction and maintenance of permanent buildings or structures requiring foundations, or for such other uses as are not inconsistent with the grant herein. 3) RIGHTS AND RESTRICTIONS OF THE GRANTEE: This easement is granted upon the following terms, conditions, covenants and agreements, all of which are agreed to by the Grantee: a. All lines, mains and structures installed by the Grantee in the easement area shall be underground, except for necessary manholes, meters and hydrants. Manholes, if any, shall be flush with ground level. b. No assessments or charges of any kind shall be levied against the Grantor, or the Grantor's lands, as a result of the installation, repair and maintenance of water lines, mains, manholes, hydrants, meters or other structures in the easement area. c. The Grantor, and its successors and assigns, shall be permitted to tap in or connect Grantor's fire prevention and/or fire supervision systems to the water pipelines or mains installed and maintained by Grantee in the easement area at any time during the term of this Grant of Easement without the payment of any charge or fee to the Grantee. -2- I I :0. i. 5372 rAGE 811 d. The Grantee covenants and agrees that the Grantee will, as promptly as possible after the installation of any water~bearing lines, mains or structures, or the performing of any repairs to or maintenance of any such water-bearing lines, mains or structures, repair any damage to the surface of the easement area or to any improvements in the easement area and will replace any such improvements, so that the sur- face and improvements are in the same or better condition as they were prior to any such installation or prior to any such repairs or maintenance. e. The Grantee hereby covenants and agrees that it shall indemnify the Grantor against any loss or damage which may be caused by the exercise of the rights of the Grantee under this Grant of Easement, or by wrongful or negligent act or admission of the Grantee or the agents or employees of the Grantee in the course of their employment, or by reason of any loss or damage which may be caused by the Grantee's failure to perform its obligations under this Grant of Easement. 4) COVENANT OF OWNERSHIP: The Grantor covenants that he is the owner of the real property described in Exhibit "A" at- tached hereto and has the right, title, and capacity to grant the easements described herein. 5) TERMS, COVENANTS AND CONDITIONS TO BIND THE LAND: It is expressly understood and agreed that the terms, covenants and conditions of this agreement shall be and constitute cove- nants running with and binding upon the portion of the real property described in Exhibit "A" attached hereto affected by this Grant of Easement and shall constitute an obligation on said real property regardless of title or ownership thereof, and regardless of any further change which may take place. It is further expressly understood and agreed that this agreement -3- I I I .. i.:i372 fAtE 812 shall be binding upon and the benefits thereof shall inure to the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, A & S Partnership and the City of Clearwater, respectively, have caused these presents to be executed in their names by their general partners and repre- sentatives this 14th day of June ,19..82. Signed, Sealed and Delivered in the presence of: A & S PARTNERSHIP, a Florida general partnership By: AMERICAN SAVINGS FINANCIAL CORPORATION, a Florida corporation, general partner ~.~] -~1 -' / { ~.~,~ as to Americat( Savings Financial Corporation c.' ~.~~ By, ~7:i ~~~ e. eSlde t ;' Attest:~.'....~,~ .Asst.l~ryt'<$:~Y. ., '. .".:',"iv / (CORPORATE' ;SEj;J~~\;:! < J It"" "\;..- <,:i'~:::,:::;)J~;~. By: SWIRE FLETCE;IER'; IN:Qy"'a .' "',," ,,' . ", ,_', ",;I , ,~ : ' . F lOr-ida~orJ?bF:a:ti,?lt > gen~ral -~~r",:, ,::. -~ "G - ~o.~Sh t ~~..~&,t.)\.~~~ Attest: a. J Secretary (CORPORATE SEAL) "GRANTOR" igned: CITY OF.'CLEARWA1'EK,FLORIDA- . . "" "\: 4 '. ' l.; .' ."/ . . . JM/":: ~..,.., j ,.1,: I ,C -, '." ' B;.. I., ".'\"" correctness ~]'. crt, ...)~~.~. ClI:l.... ..~.);.l':.:'..'\.,.;,."'...~.::'~" i .)"( w>~~.::"",~~:,)'1~\"_' ,," A test ,'~W~ "GRANTEE" 4.. .' I I u. i. 5312 rAGE 813 STATE OF FLORIDA ) COUNTY OF DADE The foregoing instrument was acknowledged before me this 14th day of June, 1982 by Edward J. Riley and Marcia Jacobs , respectively, as Vice President and Asst. Secretary of American Savings Financial Corporation on behalf of said corporation ~~ '~0(NbTARIAL SEAL) ~ .. ___..;l : My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COIMAISSlml EXPIF1) DEC 22 1964 BONDED THRU GENERAL INS, UNDERWRITERS STATE OF FLORIDA COUNTY OF HILLSBOROUGH The fOregOi~ument was acknowledged before me this I~ day of ~ , 1982 by CHARLES E. JUENGLING and DENIS L. J~NSON, respectively, as President and Secretary of SWIRE FLETCHER INC, on behalf of said corporation. C{~ f~ NOTARY PUBLIC Ii ,(NP'PARIAL SEAL) ..,.." .i.... My /71J > !,.~ ~ . 5. I , ;'.i.5372 PACE 814 STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this 7th day of July Jeffrey E. Butler A.D. 1982, before me personally appeared Thomas A. Bustin, Lucille Williams and Charles F. LeCher, respectivel~~~Manager, City Attorney, City Clerk and Mayor- Commissioner of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing Grant of Easement 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. ~{i. No ary Pu ic ~-. .. :' IJ', I -' My commission expires: I'hb;'1' Sirlk of Fioiidc1c1 Mv Ct;m,ol;"im [x;:res A:za. I, 198.6 ,e9fH~,~tJ Jhru frJ)' folli:: lnsur~nc{:, I.Jl~ ,". - .." 'ti.; i , \..', > , ~'''' .' 6. l~ I I J. i. ':w12 fAG( 815 . '. :. ~ EXHIBIT A COM!>!ENCE at the southwesterly corner of Lot 7, of Uni t 8, Island Estates of Clearwater, as recorded in Plat Book 64, pages 73 and 74, of the Public Records of Pinellas County, Florida; thence S 72030'0011 \"1, for 100.00 feet, to a point on the westerly right- of-way line of Island Way; thence along said right-of-way line, along a curve to the right that has a radius of 6202.29 feet, an arc length of 434.82 feet, a chord length of 434.73 feet, a chord bearing of N 15013'0111 W; thence continue along said right- of-way line, long a curve to the right that has a radius of 16,510.00, an arc length of 429.79 feet, a chord length of 429.73 feet, a chord bearing of N 12027'3811 W, to the POINT OF BEGINNING; thence S 77027' 00 II t^l, for 453.15 feet; thence S 32027'0011 W, for 28.28 feet; thence S 77027'0011 W, for 70.00 feet, to a point lying on a seawall on Mandalay Channel; thence along said seawall and a curve to the right that has a radius of 1200.00 feet, an arc length of 315.93 feet, a chord length of 315.02 feet, a chord bearing of N 15020'4111 W; thence N 79014'4811 E, for 565.15 feet, to a point on the said westerly right-of-way line of Island Way; thence along said right-of-way- line, along a curve to the left that has a radius of 16,510.00 feet, an arc length of 277.00 feet, a chord length of 277,00 feet, a chord bearing of S 11014'0211 E, to the POINT OF BEGINNING, and containing 3.72 acres, more or less. 7.