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DRP COMPANY OF ALABAMA INCORPORATED -' Documentary Tax Pd. f . ~ 21-- s _ - Intangible -.1a'Y Pd. Kilrleell i', DeBI'Jker. ClerIc Pinellas C~unty Deputy Clerk INST :II: 92-040866 FEB 12, 1992 4: 5t>M By PINELLAS COUNTY FLA. . . 781" F'G ?9 OFF. REC . BK . "- - EASEMENT RELOCATION AGREEMENT ~:lHIS EASEMENT RELOCATION AGREEMENT is made this 62.'1 LfL. day OVDe~cmbat,'9'rr9l, by and between CITY OF CLEARWATER, FLORIDA (herein called the "ei ty") ana DRP COMPANY OF ALABAMA, INC., a Florida corporation, (herein called "Owner"); WIT N E SSE T H WHEREAS, on January 5, 1988, JOHN G. DEERY and MARLENE M. DEERY, his wife (herein called "Deery") purchased a parcel of land in BOULEVARD HEIGHTS SUBDIVISION located in Pinellas County, Florida, described in Exhibit "A" attached hereto and made a part hereof by reference, and WHEREAS, the plat of BOULEVARD HEIGHTS SUBDIVISION contains the following restrictions and easements: 0.1 ~~ Y.~r~'~','r;.r",;ndi~ 1'1 ,,~_'~-'~'l" ", . -,.". ~:':i ~-~ t." ,....: ..-....;..,_,. ,9 Each grantee of any of portion of this subdi vision agrees that upon request of the City of Clearwater to grant an easement over the plat conveyed, two feet in width along the rear of said premises, for the laying of cables, erecting the necessary poles, laying of sewer, gas and water pipes for the purpose of supplying telephone or electric light service or other public service to the residents of the subdi vision or for other similar purposes of general public interest. 1 ~ ;- i' ;;:.~;J:~ i:.'C)'i:: \;'/e r'~E,'!1./ fDTAf~/i0J2 ~rr WHEREAS, pursuant to the aforedescribed right the City placed water and sewer lines across the parcel described in Exhibit "A", and WHEREAS, on July 19, 1991, Deery entered into a Contract to sell said property to Owner, and WHEREAS, the Owner has secured a building permit to construct a 5,000-foot retail building on the subject property, and the proposed site for this retail building blocks access to the existing easement, and the City has agreed to relocate the easement to another portion of the property and Owner has agreed to grant the City a new easement. NOW, THEREFORE, in exchange for Ten and NO/lOa Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owners agree, for themsel ves, their assigns and successors in title that the easement which now exists in favor of the City by virtue of said request and reservation contained in Plat Book 7, Page 54, Public Records of Pinellas County, Florida, specifically described as follows: A 2-foot wide sanitary easement located along the rear of said premises which is described in Exhibit A attached hereto. is h-areby relocated 1:0 't.ne following described area of the subject parcel described in Exhibit "A": A la-foot wide sanitary easement lying in Lots 3, 25 and 26, Block "J" of BOULEVARD HEIGHTS SUBDIVISION, Prepared by and return to: THOMAS C. NASH, II, Esquire McMullen, Everett, Logan, Marquardt & Cline, P.A. 400 Cleveland Street P.O. Box 1669 Clearwater, FL 34617 26195573 COS 01 - RECORDING DOC STAMPS 02-12-92 16:34:52 1 $24.00 2 $0.60 TOTAL: CHECK AMT. TENDERED: CHANGE: $24.60 $24.60 $0.00 KARLEEN F. DEBLAKER, CLERK I! {I ;~ECORO VERIFIED BY: ele -1- j.Lj-()J6 -DC /:]7'1 ( ~1!,1 , ) .~,. I IF'INELLAS C ' OF' . RF .OUN1Y Fl4 · '"C.BK 7., .n. aL. PG :30 according to the map or plat thereof, as recorded in Plat Book 7, Page 54 of the Public Records of Pinellas County, Florida, being more particularly described as follows: From the Southwesterly corner of said Lot 25 run North along the Westerly boundary of said Lot 25 also being the Westerly line of said Block "J" a distance of 48.09 feet to the Point of Beginning: continue thence North along said Westerly line of said Block "J" a distance of 10.01 feet; run thence North 87024'58" East a distance of 67.38 feet; run thence South 39057'15" East a distance of 5.45 feet; run thence South 51014'36" West a distance of 10.00 feet; run thence North 39057'15" West, a distance of 0.39 feet; run thence South 87024'58" West, a distance of 62.89 feet to the Point of Beginning. IN WITNESS WHEREOF, the Owner and City have caused this instrument to be executed in due form as required by law, this day of December, 1991. /" .\'\1,\ \1 . 1', t' ' '. .f- 'iW\~' ; l\C, ~> I //. . Name I 1>.J .,/~. ~ 1- ) / ( '. ,'. < IL . (/ B~- Attest: ~aJJ_~-fhdYY\QA . SC\ 1\ \/ T"/ () W\ C\. S- f "j')' Name './ .(.;, A/" " "'Name ,/ IS ,,/ I, \. ,";' h. lA ,\... I\. \\. . >2 ~. .J2 E( GOlldeau,GHy- Clerk Morris D. Blumenthal, Vice-President (CORPORATE SEAL) STATE OF FLORIDA OUNTY OF PINELLAS HEREBY CERTIFY that on this day personally appeared before me, an fficer duly authorized to administer oaths and take acknowledg nts, as of CITY OF CLEA TER, FLORIDA, to me well known to be the person described in an ho executed the foregoing instrument and acknowledg~~d befo:c me 'chat executed the same freely and voluntarily for the poses therein expressed. WITNESS my hand and 0 said County and State, this icial seal at City of Clearwater, in day of December, 1991. Notary Name My Commission -2- I IF'INE1.LAS C . OFF.REC.SK 7 O~N1Y FLA. 81.-_ F'G :H STATE OF FLORIDA COUNTY OF PINELLAS ~~~The foregoing instrument was acknowledged this ~f'J(day of -fll ~' 199;1- by Michael J. Wright and Cynthia E. Goudeau, _ person ly known to me as City Manager and City Clerk, respectively, for the CITY OF CLEARWATER, a municipal corporation, on behalf of said corporation. /) , ~/~~' t hi ,~~-_. ublic Ausapio i My Commission Expires: Notary Public, State of Aorida My (i)mmission Expires April 20, \993 aOfldad Thru Troy Fain' 1nsurance Inc. Signed, Sealed and Delivered in the Pence of: CITY OF 7l. '. ... . 'n:;. :.I...DA. BY'~ '~. ,- Rl .,: /' ,-'Mayor ..' '.. A~~.:2'~' '.,~', ~-. '-: J , ' .. ,~ /,"; '.' ,gJ.. . ,..", .:" "4", . "~"",,.,,"c: Cyn ,... a F. (('1..l,~au,. CJ..:ry,Cl~rkn , ~ ~ I - . ( ./ -.,.... . '.. _~. , , . ..6~~~ Name: ' . '. '. . . , Sci '(Th61'1 e{ S S'rn..'IE OF FLORIDA COUNTY OF PINELIAS The foregoing instrument was acknowledged this, .,~" 1) day of ~~ 1992, by RITA GARVEY and CYNTHIA E. OOJDFAU, persona""'ilY'Rnown to Ire as City Mayor and City Clerk, respectively, for the CITY OF CLFAR~A.'IER, a municipal corporation, on behalf of said corporation. - I m.' ....,., ~=. Hc ~SMIO !1y corrnusslon explres: " '. Notary Public, State of fkr:da . My Commission Exp;res April 20, 199:{' Bonded Thru Troy Fain. Ins'ufo1Rce lnc~ -3- .... I P:LELLAS COUNTY FLA. OFF.REC.BK 7812 PG 32 STATE OF FLORIDA COUNTY OF HILLSBOROUGH I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, MORRIS D. BLUMENTHAL, JR., Vice-President of DRP COMPANY OF ALABAMA, INC., to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at City of TAMPA, in said County and State, this <r'\ day of ,~, 199J2.. /; , .),\t" II\'': I ~' ! ~ " / ~- [1:" t.f / /,1: {,[t, 11,' '\ /~(, '-' Nota y, Public 1, . ' Name '\."if:~l\.)\\ \....~. i ..,kef' ',: ~'-_ My Commission Expires: ~. No.., Pu", SIlt,O 'Of Aoriciii~ My Commi$sion ~~ MI..., 15. 1992 . 801lt.4 "'" f~, F.~. ,....._ ... j <? ,\ '.. 1'.\ ";\ . -4- " . .., ... ... j P!EL.LAS COUNTY FLA. OFF.REC.BK 7812 PG 33 EXHIBIT "A" Lots One (1) and Two (2), part of Lot Three (3), part of Lot Twenty-Six (26) and part of Lot Twenty-Five (25), Block "J", BOULEVARD HEIGHTS SUBDIVISION, as recorded in Plat Book 7, Page 54, Public Records of Pinellas County, Florida, described as. follows: Begin at the Northeasterly corner of Lot 1 in Block "J"; thence Southeasterly along the Easterly line of said Block "J", 125.0 feet; thence in a straight line 196.3 feet to the SouthYlesterlyco1~ner of Lot, 25:. thence Northerly along the Westerly line of said Block "J", 157.7 feet to the Northerly line of said Block II JII, thence Northeasterly along said Northerly line, 94.8 feet to a point of beginning. DE LEON S1. N. 4C} 0 &;;41 '52" E.. ....... --------' '-- ----" I 'M.B; ______,,___ lo_~__ o U\ !j ^,-en ~ ~I\I ~~0tt~. V~ 0HE.RWt~ -WILL1A.M5 LOT o. ~ p) ~ ~~ ~\L wO ~ol xu! \-2 '"Jp/. -<'- ~ 8 ~ q)' ~~ /~'.14'36.W. .~ LOi 26 0) LOT 2. ~ LL w .-J s:::) r- (9 LOT 25 ltl o . o 'It vi /oJ. ~.;7tI6"W. 0.3.,' I~",. 32.' I -5-