PINELLAS COUNTY
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EASEMENT AGREEMENT
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THIS EASEMENT AGREEMENT made this3A./ . day
198~ by and between PINELLAS
COUNTY.
ical subdivision of the State of Florida
DS
n.-.------(hereinafter referred to as "Grantor"). and the CITY OF
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...------'"CLEARWATER. FLORIDA. a municipal corporation (hereinafter
REV ,.,.,.,.h..-'.ref erred to as "Grantee ") :
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WITNESSETH:
T~~T THE GRANTOR, for and in consideration of Ten and
00/100 Dollars ($10.00) and other good and valuable
consideration. the receipt of which is hereby acknowledged, does
hereby grant, bargain. sell and convey to Grantee. its
successors and assigns, a perpetual non-exclusive easement for
the purpose of installing. operating, maintaining, repairing and
replacing a water main over, under and upon certain property
located in Pinellas County, Florida, said property being more
particularly described in Exhibit A, attached hereto and made a
part hereof (hereinafter referred to as "Easement premises").
TO HAVE AND TO HOLD said non-exclusive easement unto said
Grantee forever, subject to the following conditions:
1. Grantee shall have the right of ingress and egress
over and upon the Easement Premises at all times for the purpose
of installing, constructing, operating, inspecting, maintaining
and repairing its water main. The Grantee shall have the right
to clear and keep clear the Easement Premises of all trees,
undergrowth or other obstructions which might interfere with the
use of the easement.
2. The grant of this easement shall in no way restrict
the right and interest of the Grantor in the use. maintenance
and quiet enjoyment of the Easement Premises to the extent that
such use does not interfere with the rights granted herein.
3, The grantee shall defend, indemnify and hold harmless
the Grantor from and against all claims, damages, losses and
expenses. including attorney1s fees, arising out of or resulting
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from the use by the Grantee of the easement granted herein.
With respect to any person not a party to this Easement
Agreement. this paragraph shall not be construed as a waiver of
any defense or limitation available to the Grantee or to the
Grantor pursuant to Section 768.28. Florida Statutes. as now in
effect or as may be amended from time to time.
4. At all times during the term of this easement. the
Grantee shall maintain all of its structures. improvements.
facilities, pipes. lines. and related equipment located.
installed or constructed within the Easement Premises. in a safe
and serviceable condition.
5. If the Grantee shall at any time abandon or cease
using the Easement Premises for the purposes contained herein.
this easement shall terminate and revert to the Grantor.
6. Upon termination of this easement for any reason. the
Grantee shall. at the request of Grantor and at the expense of
Grantee. restore the Easement Premises to the condition that
existed.4t the time of the granting of the easement.
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It9"WITNEf~SfNHEREOF. the parties hereto have signed this
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Easel!\~:ht'Ag~fe,em~~t:. as of the day and year first above written.
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PINELLAS COUNTY, FLORIDA. Grantor.
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., '. by and through its Board of County
A:I:WEST KARLEEN.]:~ ,De tll.AtCnl\l t~l NU( commi~s i r s
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CITY OF CLEARWATER. l"LORIDA (Grantee)
By: ~~ -ti!L"
Cl ty Manager '., ""
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Attest: \J IV!I,',
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Approved as to form
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P.PPROVED AS TO FORM
OFFICE F UNTY ATTORNEY
By
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared "RnlC'P 'l'~rnr1~ll and
CLR. Short to me well known, and known to be the individuals
described in and who executed the foregoing instrument as
Chairman of the Board of Commissioners and Clerk, respectively,
of the above-named County and that the seal affixed to the
foregoing instrument is the County seal of said County and the
said instrument is the free act and deed of said County.
.sr:t day
,~ITNESS my hand and official seal this
of ~ar' 198~,
, 1
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun,
M. A. Galbraith, Jr., and Cynthia E. Goudeau, to me well known,
and known to be the individuals described in and who executed
the foregoing instrument as Mayor-Commissioner, City Manager,
city Attorney, and City Clerk, respectively, of the above-named
City and that the seal affixed to the foregoing instrument is
the City seal of said City and the said instrument is the free
act and deed of said City.
WITrilESS my hand and official seal this Ic?~day
of /fU{[!NtL,/ , 1988.
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EXHIBIT "A"
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A water main easement over the South ten feet of the following
legally described property:
Unsubdivided Block 9 of JONES SUBDIVISION OF NICHOLSON'S
ADDITION, according to the Plat thereof recorded in Plat Book
4, Page 82, of the Public Records of Hillsborough County,
Florida, of which Pine lIas County was formerly a part, being
more particularly described as follows:
Commence at the Southeast corner of Section 9, Township 29
South, Range 15 East, and run North 10 40' 17" West, 351.00
feet, along the centerline of Myrtle Avenue; thence South 880
50' 43" West, 42.00 feet for a point of beginning; thence run
North 480 49' 53" Eas t, 11. 66 feet; thence North 10 40' 1400
West, 311.24 feet; thence North 490 07' 41" West, 10.85 feet;
thence South 880 50' 42" West, 229.62 feet; thence 284.42 feet
along the arc of a curve having a radius of 1,914.08 feet and
a chord of 284.17 feet bearing South 60 38' 39" West; thence
South 10 20' 28" East, 44.43 feet; thence North 880 50' 43"
East, 269.98 feet to the Point of Beginning. Containing
1.9746 acres, more or less LESS portions of Block 9 previously
conveyed for road right-of-way purposes.