PINELLAS COUNTY (3) KEN BURKE,CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY,FL
INST# 2012329370 11113/2012 at 10:54 AM
Return to: OFF REC BK:17781 PG. 1626-1628
Chuck Lane DocType:EAS
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, I. 33758-4748
Parcel No. 16-29-15-20358-002-0080
==RIGHT OF WAY& UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of $10.00 cash in hand paid, the receipt and
sufficiency of is is her acknowledged, and the benefits to be derived therefrom, Pinellas
County, a political subdivision of the State of Florida (herein, "Grantor") does hereby grant, bargain and
convey tot CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, (herein,
"Grantee"), its licensees, agents, successors and assigns, forte use of the general public, an
easement forte purposes herein expressed over, under, across and upon the following described
land lying and in situate in the City of Clearwater, County of Pinellas, State of Florida, to wit:
See Exhibit"A" appended hereto and by this reference made a part hereof.
This easement is granted for public right-of-way and utility purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises (herein, Easement Premises) and to construct, install and maintain thereon and
therein public roadway, curbing and utility facilities and to inspect and alter such public roadway,
curbing and utility facilities from time to time. Private utility providers with rights vested by law, or in
accordance with any valid franchise agreement between the utility provider and the City shall also have
the right to enter upon the Easement Premises to construct, install, and maintain thereon and therein
utility facilities and to inspect and alter such utility facilities from time to time. Any costs of relocation for
City or private utility providers'facilities shall be at the City's sole expense.
Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner oft fee
simple title tot herein described Easement Premises, that Grantor has full right and lawful authority
to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of this easement.
It is expressly understood and agreed that Grantor's conveyance of this easement is
subject to County's reversionary interest applicable in the event the City does not move forward
with the City's Capitol Theatre expansion project and further reserves all rights of ownership of
the Easement Premises not inconsistent with the easement rights granted herein.
Grantee, tot extent permitted by Florida Statute 768.28, agrees to indemnify and hold
harmless Grantor from and against claims, demands, actions, judgments, injuries, damages, costs and
expenses, including attorney's fees, resulting from or related tot negligence of Grantee or Grantee's
employees, agents, contractors use and occupation of the Easement Premises. However, nothing
contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the
doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the Grantee to be sued third parties in any manner arising from this grant
of ase nt, or as a waiver of sovereign immunity.
The easement h rein granted, and the covenants and restrictions hereby imposed, s II be
easements, restrictions and covenants running with the land, inters a here appropriate to bind the
Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of
the r n or's property or any portion thereof, shall be bound by the terms, provisions or conditions of
this Grant of ase en , as if said erson, firm or entity were original parties hereto.
WITNESS IN , the Grantor has caused these presents to be executed this
a of r , 2012.
ATTEST: Ken Burke PINELLAS
Clerk of the Circuit Court By and through its Board of County Commissioners Lou
Print PrintoName tit Rp�`°a,
Tint Title Tint Title
. �
STATE OF FLORIDA
COUNTY OF 1 �> wb�
The foregoing instrument was acknowledged before a this dayof
2012 by WIWV41 and
as i an respectively
of !n llas County, Florida, a political subdivision of the State of lori ag whom, in u!y authorized,
personally x cute the re oin instrument on behalf of said nt! , and who acknowledged the
execution thereof to be their free act and deed for the use and purposes herein set forth and who
are personally known to me, or who C ] did provide
as r tiflcionm �74e- My Commission Expires:
ota u lic® a of lor!
JAMOMMMMM
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TypelPrint Name t
XP ES:Apil 5.2011
scale 1 60` EXHIBIT 99A99
This is not c survey NORTH
159.9' 17'Alley
m 9'
..........
North 11Z of Lot 8, 23
Block"B"
9 22
r4) John R. Davey P,
;2
P, Et. AL Resubdivision t,
10 I 21
`3
I
Block "B"
20
12 19
Legal Description:
12'Right-of-Way Easement described as follows:
The North 12@ of Lot 8 of Block B,a property described in the plat titled"JOHN R.DAVEY,ET.AL.
RESUBDIVISION" located in Plat Book 1,Page 87 of the Public Records of Hillsborough County,FL,
of which Pinellas County was fonnerly a parL Ir — nx,,ly" ,
Mmiloomy on,
Di
-----------------------------
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
PPAW BY Mr.NM
L Cheek LEGAL SKETCH LgL2012-19
CHECM By 12' RIGHT—OF—WAY OHM
51 ED T. Mahony AND UTILITIES EASEMENT 1 OF
PROFESSIONAL SU r P E
UCENSE NUMOER L14-, 59 8/21/2012 0 14 S FORT HARRISON AVE 16/299/I
IDA.
..............