AT & T CORPORATION
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PINELLAS CO 8K 10994 PG 2512
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PINELLAS COUNTY
FLORIDA
SITE: CLEARWATER
GLC: FLXX09
CLL!: CLWSFLCT
NON-EXCLUSIVE EASEMENT
This EASEMENT is made by and between AT&T CORP., a New York Corporation ("Grantor"), and
CITY OF CLEARWATER, a Florida Municipal Corporation, and its successors and assigns ("Grantee").
WITNESSETH THAT:
For and in consideration of the sum of T';'l and No/lOO Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, as owner of that
certain real property in Pinellas County, Florida, and being more fully described in that certain Deed
recorded in Office Record Book 10771, Page 286, of the Pinellas County Official Records, Florida ("the
Property"), hereby grants, bargains and conveys unto Grantee, a non-exclusive easement for construction
and use of a 10 X 10 sidewalk across and through the property of Grantor (the "Facilities"). The location
and course of said easement are more particularly described as follows (the "Premises") and on Exhibit "A"
attached hereto:
That portion of the Northwest l/4 of Section 12, Township 29 South,
Range 15 East, Pinellas County, Florida being at the Southwest comer
of the intersection of North Hercules Avenue and Grand Avenue and
being more particularly described as follows:
fo
10601-0
Commence at the Southeast comer of the Northwest l/4 of said Section
12; thence on the East boundary thereof, North 000 16' 59" East, a
distance of 208.58 feet; thence departing said East boundary, North 890
21' 30" West, a distance of 50.00 feet to the intersection with the West
right of way line of North Hercules Avenue; thence on said right of way
line, parallel with the East boundary of the Northwest l/4 of said Section
12, North 000 16' 59" East, a distance of 290.00 feet to the POINT OF
BEGINNING; thence departing said right of way line, North 440 31'
33" West, a distance of 14.19 feet to the intersection with the South
right of way line of Grand A venue; thence on said right of way line,
South 890 20' 05" East, a distance of 10.00 feet to the point of
intersection with the South right of way line of Grand A venue and the
West right of way line of North Hercules Avenue; thence on said right
of way line, South 000 16' 59" West, a distance of 10.00 feet to the
POINT OF BEGINNING.
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The above-described parcel contains 50.00 square feet, more or less.
(AMS/000517/1334)
Page 1 of5
Instrument Prepared By:
AMS ResDurces, Inc.
c.L. McVay
2550 Northwinds Parkway
Suite 175
Alpharetta, GA 30004
(770) 442-0122
,,1,76
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Prepared Under the Direction of:
AT&T Corp.!GIDbal Real Estate
Attn: Starla Caracena
Promenade II, FLOC 12W12
1200 Peachtree Street
Atlanta, GA 30309
(404) 810-3857
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CLL!: CLWSFLCT
FURTHER, this easement is granted upon and subject to the following terms, covenants and conditions:
1. The easement granted herein is in gross.
2. The easement is granted for the limited purpose of allowing Grantee construction and use of a lOX
10 sidewalk.
3. By accepting this easement, Grantee agrees to exercise reasonable care to avoid damage to the
Premises and all property that may at any time be there. Grantee shall be responsible for any damage to
personal property or improvements suffered by Grantor or Grantor's agents, employees, contractors, tenants
or subtenants, successors or assigns, by reason of Grantee installing, operating, repairing, maintaining, using
or removing the Facilities.
4, Grantee shall have the right to keep said easement clear of trees, brush, and roots which may
interfere with the Facilities or with the stated purpose of said easement, except that the use of herbicides or
other chemicals is hereby specifically prohibited.
5, Grantee shall indemnify, defend, and hold harmless Grantor and Grantor's agents, officers,
contractors and employees, from and against any and all claims, losses, damages, costs, expenses (including
reasonable attorney's fees), and liabilities for any and all injuries to, or death of, any person, or damage to
any property, or for any financial loss of whatever nature, in any way arising out of or in connection with
this easement or activities undertaken pursuant to this easement, whether caused by the acts, negligence or
willful misconduct of Grantee, its agents, employees, representatives, contractors, permitted assigns, or
those under Grantee's control or by Grantee's failure to perform the covenants or conditions of this
easement. Grantee's obligations to indemnify and hold harmless Grantor shall survive any termination or
abandonment of this easement. Nothing herein shall constitute a waiver by the City of its sovereign
immunity and the limitations set forth in Chapter 768,28, Florida Statutes.
6. The Facilities affixed to or installed in or on the Premises by Grantee shall be installed, operated,
repaired, maintained, used, and removed in compliance with all applicable laws and regulations and in such
a manner as not to interfere with the operations of Grantor, its agents, contractors or employees, on the
Property. Furthermore, any and all work relating to said easement and/or rights granted herein shall be done
in a workmanlike manner, and by acceptance of this document, Grantee agrees to follow Grantor's
guidelines during the improvements, including but not limited to:
a. Grantee covenants with Grantor that on any occasion requmng
excavation upon and with the easement premises Grantee, its
employees, agents, contractors and/or assigns shall comply with utility
location requirements of "The Sunshine State O~-Call of Florida,
Inc." established by Chapter 556, Florida Statutes.
b. The entire area disturbed by Grantee during relocation, installation and
future installation for maintenance purposes shall be restored (replaced,
graded, seeded, and fertilized) at Grantee's sole expense, to a condition
as good as existed prior to said work. All openings, excavations and
abandoned areas shall be properly refilled and the Property left in good
and safe condition,
c. Grantee covenants that proper access to the Property will be maintained
during the installation period of all improvements,
(AMS/000517/850) Page 2 of 5
SITE: CLEARWATER
GLC: FLXX09
CLLI: CL WSFLCT
7. Grantee agrees to pay for ,all labor used upon and all materials installed in or affixed to the
Premises by Grantee including the dismantling of Grantee's former facilities, and shall save the Premises
and hold Grantor harmless from any lien or claim of lien relating thereto.
I
PINELLAS COUNTY FLA. I
OFF. REC . 8~__1~_~~~_~~_~~!~___
8. Grantee agrees that it shall not use, have present nor transport on or about the Property any
hazardous or toxic materials, wastes or substances or any pollutants or contaminants ("Hazardous
Substances"), without the prior express written consent of Grantor. If at any time during the term of this
easement, Grantee knows or has reason to believe that any Hazardous Substances have come, or will come,
to be located upon, about, or underneath the Property, then Grantee shall, as soon as reasonably possible,
give verbal and written notice of that condition to Grantor. Grantee covenants to investigate, clean-up and
otherwise remediate any release of such Hazardous Substances by Grantee, its agents, employees,
representatives, contractors, permitted assigns, or those under Grantee's control at Grantee's cost and
expense. Grantee shall notify Grantor prior to commencing any clean up or remediation.
9. Grantee shall at all times during the continuance of this easement have ingress to and egress from
the Premises for the stated purpose of said easement by such reasonable route as may be designated by
Grantor.
10. This easement is made without covenant of title or quiet enjoyment and is without warranty of title,
express or implied. Grantee's rights hereunder shall be subject to all valid and existing easements, rights,
leases, licenses, reservations and encumbrances, whether of record or not, affecting Grantor's Property or
any portion thereof,
11 Grantee's occupancy or use of the Premises shall not create nor vest in Grantee any ownership or
interest of whatsoever nature in Grantor's Property other than as specifically given herein.
12. Grantee shall pay any and all taxes which, during the continuance of this easement, may be levied
or assessed upon any equipment or other improvements placed on the Premises by Grantee. If all or a
portion of any such taxes are assessed to Grantor, said taxes and assessments shall be paid by Grantor, and
Grantee shall reimburse Grantor upon demand the full amount so paid by Grantor.
13, In the event Grantee ceases to use the Premises for the operation and maintenance of the Facilities
for a period of180 consecutive days, this easement shall automatically terminate. Not later than 90 days
after said termination date, Grantee shall, at its sole expense, remove all of Grantee's improvements and
property, and surrender the Premises in a condition as close to its original condition as reasonably possible.
14. The rights granted by this easement are granted for the purpose of a public sidewalk, and Grantee
shall not allow any other use without the written consent of the Grantor. Grantee shall not assign this
easement nor any part thereof without the prior written consent of Grantor.
15. The easement granted herein is non-exclusive. Grantor retains the right to make any use of the
Property that does not unreasonably interfere with Grantee's free use and enjoyment of this easement.
16, Except as otherwise provided herein, all notices or demands to be given or made or which may be
given or made by either party to the other, shall be deemed to have been duly given if made in writing and
deposited in the United States mail, certified or registered, return receipt requested, postage prepaid, or by
overnight delivery service, and addressed as follows or to such address as either party may designate by
giving the other party written notice thereof.
To Grantor:
AT&T Communications, Inc.
Supervisor - Global Real Estate
Promenade II, FLOC 12W12
1200 Peachtree Street
Atlanta, GA 30309
(AMS/000517/850)
Page 3 of5
I
PINELLAS COUNTY FLA, I
OFF,REC,8K 10994 PG 251~
-------~.---
SITE: CLEARWATER
GLC: FLXX09
CLL!: CLWSFLCT
To Grantee:
CITY OF CLEARWATER, a Florida Municipal Corporation
P.O. Box 4748
Clearwater, FL. 33758-4748
Attention: City Manager
Notice shall be deemed to have been given on the date receipt is acknowledged.
17. This EASEMENT and the terms contained herein shall be binding upon and inure to the
benefit of the parties hereto and their respective representatives, administrators, assigns or
successors in title.
(continued)
(AMS/000517/850)
Page 4 of5
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j PINELLAS COUNTY FLA
____9!!,REC,8K 10994 PG 2518
I
SITE: CLEARWATER
GLC: FLXX09
CLL!: CLWSFLCT
IN WITNESS WHEREOF, the parties have duly executed this EASEMENT on the dates below written.
ATTESThtJ.~ AT&TCORP.,aNewY"'kCoq> lion
Ufc.-~^ ,Qu~O-.<<-
Name 6-e", \J. CoJ;.r
A..'.+-.rrt !>~r,h,ry
By:
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ACKNOWLEDGMENT
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SJAl'E OF
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COUNTY OF
BEFORE ME, the undersigned authority, on this JS'k.dayof ~ ,2000,
personally appeared Stephen Brazzell known to me to be the person whose na e IS subscnbed to the
foregoing instrument as a Vice-President - Global Real Estate of AT&T Communications, Inc., as Agent for
AT&T Corp., a New York Corporation, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therein stat~the act and) deV-(the corp"ion.
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M.., ycommission expires: .2._tZ._ _ '!:L I:.......JA.~
COanISSIOI~~MI.- .
ACKNOWLEDGMENT
STATE OF
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COUNTY OF
My commission expires:
BEFORE ME, the undersigned authority, on this 5# day of Ju~ , 2000,
personally appeared (' 'Yt" tV t. 1/. 06 Jc(' r ,known to me to be the person whose name is
subscribed to the foregoing instrument as aaJ <' . "of, f- <. r.t r of AT&T Communications,
Inc., as Agent for AT&T Corp., a New York Corporation, and acknowle to me that he/she attested the
foregoing instrument and affixed the corporate seal to the foregoing instrument as the act and deed of the
corporation. ~ I """'l
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_ Commlalon Elcpltea AugiIIt 1, 2000
(AMS/000517/850)
Page 5 of5
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Exhibit "A"
PINELLAS COUNTY FLA,
OFF, REC ,8K 1 088~ P~__~~~__
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