SCHOOL BOARD OF PINELLAS COUNTY
. 't--
1
I
INST # 88-147835 I
- MAY 12 18
-----------'--~~~
Prepared by & return to:
Earl Barrett
Real Estate Services Mgr.
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
iv f\..A,
CO\JN 1 322
flNS\..\..AS10092_~~------
r- RSC, 8~____-----
Ofr '/__//
I~.O
c::L '(6-0
PUBLIC ACCESS AND RIGHT-OF-WAY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
Cash in hand paid to it, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom,
0/, SCHOOL BOARD ,OF PINELLAS COUNTY, FLORIDA
C/O Real Property Management
tr!:! I""\jA 11111 South Belcher Road
~ '1..:;;.-- ~'-'r- Largo, Florida 34643
as GRANTOR, does hereby grant, bargain and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, as GRANTEE, its
licensees, agents, successors and assigns forever, for the use of the
general public, a non-exclusive easement for the purposes herein
expressed, over, under and across the following described land, lying
and being situate in the City of Clearwater, County of Pinellas, State
of Florida, to wit:
A PORTION OF THE SW ~ OF THE SE ~ OF SECTION 8, TOWNSHIP
29 SOUTH, RANGE 16 EAST, BEING MORE PARTICULARLY AS
FOLLOWS:
COMMENCE AT THE SOUTH ~ CORNER OF SECTION 8, TOWNSHIP 29
SOUTH, RANGE 16 EAST; THENCE S890 41' 09"E, 487.83 FEET;
THENCE NOl025'54" E, 1302.22 FEET, TO THE POINT OF
BEGINNING; THENCE N73026'18"W, 61.11 FEET, TO A POINT ON
A LINE 2 0 FEE T SOUTH OF AND PARALLEL TO THE SOUTH LINE
OF THE NORTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 8,
TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE N89035' 06"W,
ALONG SAID LINE, 428.85 FEET TO A POINT ON THE WEST LINE
OF THE SOUTHWEST ~ OF THE SOUTHEAST ~ OF SECTION 8,
TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE NOl025'49"E,
ALONG SAID LINE, 20.00 FEET, TO THE SOUTHEAST CORNER OF
THE NORTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 8,
TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S89035'06"E,
ALONG THE SOUTH LINE OF THE NORTHEAST ~ OF THE SOUTHWEST
~ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, 487.85
FEET; THENCE SOl 025' 54"W, 37.00 FEET, TO THE POINT OF
BEGINNING. [DEPICTED IN EXHIBIT \Ill" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE]
/1 '-O/l~:' '_/~ :
/'./.~
(.I., l
\../
I
t
OFF~~~~L~:S COUNTY FLA,
~------ ' 10082 PG 2323
Page 2 - Access & Right-of-Way Easement
RE: Eisenhower Elementary School
Grantor: Pinellas County School Board
Grantee: City of Clearwater, Florida
The easement rights granted herein shall be for the purposes of
providing public access and right-of-way for pedestrians and non-
motorized vehicles to the City of Clearwater East-West Recreation
Trail.
GRANTEE shall install and maintain at its sole cost and expense,
and in accordance with plans submitted to and approved by the GRANTOR,
a paved trail facility, landscaping and such other surface improvements
reasonably necessary, in the sole judgment of GRANTEE, to provide
maximum benefit to the general public, as well as the Eisenhower School
cormnunity.
In consideration of the easement rights granted herein by the
GRANTOR, and in association with the improvements to be made within the
easement premises, GRANTEE shall cause to be constructed and/or
installed therein the following specific improvements:
a. The existing concrete step providing northerly access to the
Eisenhower School grounds shall be removed and be replaced
with a smoothly transitioned access way.
b. Prior to constructing recreation trail facilities, GRANTEE
shall remove existing four foot (4') fence and construct a
new six foot (6') chain link fence, with appropriate gate,
irmnediately abutting the southerly boundary of the easement
premises.
c. Not later than completion of trail construction, GRANTEE
shall provide and plant up to sixteen live oak trees being
a minimum of three inches (3") caliper six inches (6") above
ground level, southerly of the newly constructed fence as
directed by appropriate school officials. GRANTEE shall
cause the newly installed trees to be manually watered on a
regular watering schedule during the first thirty (30) days
following planting. GRANTOR assumes all responsibility for
the care and maintenance of the trees thereafter.
It is expressly understood and agreed that GRANTOR reserves unto
itself all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
This easement is binding upon the GRANTOR, the GRANTEE, their
heirs, successors and assigns. The rights herein granted herein shall
be perpetual and irrevocable except by the written mutual agreement of
both parties, or by abandonment of the easement premises by the
GRANTEE.
I
Page 3 - Access & Right-of-Way Easement
RE: Eisenhower Elementary School
Grantor: Pinellas County School Board
Grantee: City of Clearwater, Florida
I NTY FLR.
PINELLRS ~~~2 PG 2324 ~
OFF ,REr:_'~~. 1_____________-----
IN WITNESS WHEREOF, the GRANTOR has caused this public right-of-
way easement to be executed in its name by its undersigned duly
authorized officers this ~ day of ~().n uo...r- '1 ' 1998.
Signed, sealed and delivered
in the presence of:
~
WITNESS
D -eb 0 ra h '---a Yl d; Y)
Print witness name
~i~~~
~h~r\~a~Mt1m~r7
Print wit ess na
App
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA
By:
The foregoing instrument was acknowledged before me this 13 day
of ~0o-.{' 4 1998 by Lucile O. Casey, Chairman of the
PINELLAS COUNTY SCHOOL BOARD, Pinellas County, Florida, who, being duly
authorized, executed the foregoing instrument on behalf of said school
board, and acknowledged the execution thereof to be her free act and
deed for the use and purposes herein set forth.
flll :~Il~. ) 1.
~~p~b~ic - ~
Type/Print name Sh ( rl4' 't c..- f>?onl-seJYt4..;
[~Personally Known
[ ] Produced Identification
Type of Identification Produced
,l'~~'fit-.. SHIRLEY E. MONTGOMERY
f*rJiJ....f.~ ts{ COMMISSION /I CC385969 EXPIRES
~"~:Q" Augusl20, 1998
~'~i'FI' 'r.' \1..$'- BONDED THRU TROY FAIN INSURANCE. INC.
'1 11\\"
~ l .
I
tINELLAS COUNTY FLA
. -~~-~~~-~~_~~Y~_~~25
Page 4 - Access & Right-of-Way Easement
RE: Eisenhower Elementary School
Grantor: Pinellas County School Board
Grantee: City of Clearwater, Florida
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 13 day
of .Jo..n UD...r ~ ' 1998 by J. Howard Hinesley, Ex-officio Secretary
of the PINELLAS COUNTY SCHOOL BOARD, Pinellas County, Florida, who,
being duly authorized, executed the foregoing instrument on behalf of
said school board, and acknowledged the execution thereof to be his
free act and deed for the use and purposes herein set forth.
/) !h J ~O 1A ~. 1M /to-.. ~
iJ~blii - st;t~~~~
Type/Print nameSh~ rI~f.t 6.., fY1-nn 1--00YY)e.~'f."'" SHIRLEYE.MONTGOMERY
- /' ( ?*V 18 ,*% MY COMMISSION # CC385969 EXPIRES
[......r- Personally Known ~'..'1 August20.199B
[ ] Produced Identification "~ ' BONllEDTHRUTROYFAININSURANCE,INC.
Type of Identification Produced
Eisenhower Trail Eas. 0298ewb
"
I,
( .Ii".
. ,
I
~
~@~LJ[g]
, PINELLAS COUNTY FLA
r - 0_ LRECS,,- 1009_2 PG 2328__
Note: This is not 0 survey!
;u
01.
-.r0
. 0
I{).
NO
'N
o
Z
-
o
-.r
.........
~
(J)
'0
Ql
c:
:::i
~
SE Cor of NE 1/4 of
SW 1/4 of See 8-29-16
EXHIBIT "A'
CD
~
I
01
N
I
co
()
Ql
(J)
-
o
-.r
.........
lLJ
(J)
EISENHOWER
ELEMENTARY SCHOOL
~
.N
I{)N
inN
N 0
:-n
o ~
z
S 1/4 Cor See 8-29-16
DREW ST
S8904,'09"E
487.83'
P.O.8.