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GRAND PRIX LIMITED J I Prepared bv & return to: Earl Barrett Engineering Department City of Clearwater P. O. Bo)(4748 Clearwater, FI. 33758-4748 AGREEMENT TO EXCHANGE EASEMENTS BY AND BETWEEN the CITY OF CLEARWATER, FLORIDA, a municipal corporation ("City"), and GRAND PRIX, LTD., a Florida limited partnership ("Grand Prix"), collectively, "the parties". WITNESSETH WHEREAS, the parties are desirous of having certain limited rights to use for their respective purposes portions of each others real property lying and being situate in the Southwest y.. of the Northwest y.. of Section 13, Township 29 South, Range 15 East, commonly identified as Tax Parcel No. 13-29-15-00000- 230-0900 (City parcel) and Tax Parcel No. 13-29-15-00000-230-0600 (Grand Prix parcel); and, WHEREAS, the parties agree to define such limited rights and document the grant and exchange of such rights with each other; NOW, THEREFORE, it is mutually agreed by and between the parties that the property rights each grants to the other which shall encumber their respective parcel are hereafter specifically defined, granted and exchanged in the following conveying instruments which are attached hereto and made a part hereof EXHIBIT "A": EASEMENT from the City to Grand Prix encumbering City parcel; and, EXHIBIT "B": DRAINAGE & UTILITY EASEMENT from Grand Prix To the City encumbering Grand Prix parcel. IN iTt'J~S WHE. R~. the pax have placed their hands and seals herelc this ~ day of U-t 4::11 .Jl~, 1999. J;r/J ;' ,':' ~.,)' ...' ;,,:.;' ~./;, ." / (,/--' /"/' (,..' /J -..... (J/.) 'C . I Page 3 - Agreement to Exchange Easements By: Grand Prix, Ltd. & City of Clearwater Attest: CITY OF CLEARWATER, FLORIDA UP STATE OF FLORIDA: F Cynthia E. Goud 55 COUNTY OF PINELLAS Print Name BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoinq instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this.l3 ~y of i'l.+-v-- ~~~ Notary Public - tate of Florida HOTMV fItJIUC . STATE Of' FlORD CMOI.YN l 8RINK COMftflfMIN tI CC834678 &xPR:8~ IONOED THRU ABA 1-888-NOTARY1 , 1999 STATE OF FLORIDA: c~ ------ John Carassas, Assistant City Attorney Agree Xch<lllge [as Og9Cj"wh <II.": ,(~ I ~ ! ~O'. '0<{..~ ,-:::\ \"..:.., I 99-391;21 NOV-30-1SSS ~'44 P INEL.LS CO &1< 10738 PO '10e~ ,I 111I111111.1111 Pr~D8red bY: Earl Barrett Engineering Department City of ClealW8ter P. O. Box 4748 ClealW8ter, Fl. 33758-4748 EASEMENT Tax Parcel No. 13-29-15-00000-230-0900 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, the City of Clearwater, Florida, a municipal corporation P. O. Box 4748 Clearwater, Florida 33758-4748 Does hereby grant and convey to Grand Prix, Ltd., a Florida limited partnership, an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: PAGES L!- ACer IOf} 'I () REC /9, S"O DR219 ' '70 OS INT FEES MTF PIC REV h-,- TOTAL;gq,~ - CK BAL CHG AMT Part of the Southwest Y4 of the Northwest Y4 of Section 13, Township 29 South, Range 15 East, situated in Pinellas County, Florida, being more particularly described as follows: Begin at the Southwest corner of Lot 5, Block A, Unit liD" of SKYCREST SUBDIVISION, as recorded in Plat Book 28, Page 52, in the Public Records of Pinellas County, Florida; thence run North 89022'53" West, 27.50 feet to a POINT OF BEGINNING; thence continue North 89~22'53" West, 1-6.6Cfeet; thence North 02013'36" East, 129.97 feet; thence run South 89022'53" East, 8.31 feet to a point 25.50 feet west of the northwest corner of said Lot 5, thence run South 01.027'18" East, 130.00 feet to the POINT OF BEGINNING. Containing 1621.74 square feet, more or less. This easement is given for the uses and purposes of Grantee, its successors and assigns, as such uses and purposes shall be consistent with the City of Clearwater Community Development Code ("Code") "as adopted' January 21, 1999, and as amended from time to time thereafter. Documentary Tax Pd. $ , pO $ In~':Z'~b T:1X Pd. Karlecn F Do 3::.kcr. Clork, Pirl.:{u County By D~uty Clerk t I I FINE~~RS COUNTY r~R. Orr.REC.BK 10736 FG 109! Any improvements existing within the easement premises as the date hereof, specifically, a portion of Grantee's concrete driveway and swale, and any future improvements as may hereafter be erected in compliance with the Code, shall not be considered encroachments upon the lands of the Grantor. The west six feet (6') of the easement premises is explicitly reserved to the use of the Grantor for the purposes of maintaining its abutting drainage and utility facilities. No additional improvements may be constructed by Grantee, its successors or assigns, within this portion of the easement premises. Other than the rights specifically reserved by Grantor, Grantee shall have the right to enter upon the above described premises and to construct, install, inspect and maintain and alter from time to time Grantee's permitted improvements. It is expressly understood 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 respective successors and assigns. The rights herein granted are perpetual and irrevocable except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, the Grantor has caused this easement to b~executed in~ its undersigned duly authorized officers this ,~3 day of ~ , 1999. . Countersigned: CITY 0 CLEARWATER, FLORIDA Brian J. Aungst, Ma r Commissioner y: Michael J. Roberto, City Manager Attest: " l' I ~INELLRS COUNTY rLR Orr.REC,BK 10738 ~G lOSS 5T A TE OF FLORIDA : 55 COUNTY OF PINELLA5 BEFORE ME, the undersigned, personally appeared BrianJ. Aungst, the Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed or the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this :J:l ~ay of Y\..,,-v- 1999. Type/Print Name Nota~ PU~ of~~r~ NOTARY PUBlIC . STAT! or PLORI2A CMOLYN L. ... COIoWI8IlON' CCDl8711 ICVDlDJ:, &n1ftfVn BONDED THRU /ISA 1-888-NOTARY1 5T A TE OF FLORIDA : 55 COUNTY OF PINELLA5 BEFORE ME, the undersigned, personally appeared Michael J. Roberto, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. (1 ~J~~ o(~~ Notary P~~t~ of Florida NOTAR'i PUIUC .STATI Of PLCRIDA CAROLYN L PINK Type/Print Name co:':~~ BONDED TltRU AlA 1-888-NOTAIM Approved as to form: ohn Carassas, Assistant City Attorney ~.. , ~INELLRS Irr.REc SK COUNTY rLR. . JO?3S ~G JOe? EXHIBIT "A" ~ NDRTH Scale 1 II 50' 6' Drainage &' Ut/7ity Reservation \ 589"22'5'"' 8.31' 25.50' Q) ~ ~ \) \J~\'\ x:.- S'\ ":J '2- ~~ ~ \I--<C~ '2-<0 ~~. S~ ~:o. , W > <( U1 <( 0::: ::) ~ U 0::: <( S.W. Cor. N89'22'53.W 27.50' P. 0, B, ~~>> CITY OF CLEARWATER, FLORIDA t;'~1 ~ ~ ' ~ PUBUC WORKS ADMINISTRATlON \IW.\:- #, ~~.," ENGINEERING Lg199-13 08/25/99 D.King