COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER
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INST # 93-373472 I
DEe 27, 1993 4:45F
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PINELLAS COUNTY FLA.
OFF.REC.BK 8515 . PG 193
Prepared by and Return to:
EMIL G. PRATESI, ESQUIRE
Richards, Gilkey, Fite,
Slaughter, Pratesi & Ward, P.A.
1253 Park street
, Clearwater, Florida 34616
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~t\. (i1.cl- EASEMENT AGREEMENT
YO?':> This Agreement made this ~\ day of No\!em.:be.( , 1993 by
, 'r2. "1'"i.; and between CITY OF CLEARWATER, a Florida municipal corporation,
, , :;?,I..-:,-whose mailing address is P.O. Box 4748, Clearwater, Florida 34618-
.. :1v-4748, hereinafter referred to as city and COMMUNITY REDEVELOPMENT
. AGENCY OF THE CITY OF.CLEARWATER, whose mailing address is P.O. Box
_ 4748" Clearwater, Florida 34618-4748, hereinafter referred to as
0- CRA.
WIT N E SSE T H
75.7Q: WHEREAS City is the owner of that certain property described
,~ 'in Exhibit "A" commonly known as the Police station Property and,
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WHEREAS the property described in Exhibit "A" contains various
roadways and driveways,
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r '. ' WHEREAS CRA is the owner of the property described in Exhibit
"B" commonly known as the First Two Floors of the Park Street
Garage and surrounding parking spaces and,
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WHEREAS CRA has entered into that certain option to Purchase
J the property described in Exhibit "B" with Atrium At Clearwater
, Limited, a Florida limited partnership ("Atrium"), for the property
: described in Exhibit "A" and, r/'
Jf WHEREAS the Parties wish to insure ingress and egress over,
" along and across those driveways and roadways located on the
property described in Exhibit UftU' "A".
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NOW THEREFORE, in consideration of $10.00 and other good 'arid
valuable consideration the Parties agree as follows:
1. The recitals contained herein are true and
correct and made a part hereof.
2~ If Atrium exercises its option to purchase and
acquires the property described in Exhibit "B"
and the city has not relocated the police
station from the property described in Exhibit
"A", then in that event, City shall retain and
reserve for itself, its successors and
assigns, for a period of two (2) years
commencing after Atrium acquires title to the
property described in Exhibit "B", or until
the property described in Exhibit ,"A" is no
longer used as a police station by the city,
an easement to use those parking spaces
located on the property described in Exhibit
"c" not within the first and second floors of
the parking garage including the right to
maintain and repair.
3. In the event Atrium has exercised its option
to purchase the property described in Exhibit
"B" and has acquired title to the same and
City has ceased to use the property described
in Exhibit "A" as a police station, then in
that event, Atrium shall be entitled to
utilize exclusively the property described in
Exhibit "C" without any right to use the
parking spaces located on the same being
retained by City or CRA.
4. city hereby grants to CRA and its successors
KARLEEN F. DEBLAI(ER
RECORD ilJ:<P T In r.n T'H ' <:L~RK
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I UNTY FL~,
-PINELLAS CO pG 19q
OFF.REC.BK 8515 -
and assigns a non-exclusive easement over,
along and across those roadways and driveways
located on the property described in Exhibit
"A" to provide ingress and egress to those
parking spaces located on the property
d~scribed in Exhibit "c" Ideated outside the
parking garage itself. It is understood and
agreed tha.t Atrium's rights under this
Paragraph 4 shall only arise after Atrium
acquires title to the property described in
Exhibit "B" and two years has expired or city
has ceased to use the property descr ibed in
Exhibi t "A" as a police station, whichever
shall first occur.
5. Each owner of the respective properties
subject toxhis Agreement shall be responsible
for the maintenance of the respecti ve
properties during the period that such party
owns fee title to the respective property.
6. This Agreement is binding on the parties
hereto, their successors and assigns and shall
run with the property described herein.
IN WITNESS WHEREOF the Parties have executed this Easement the
day and year first above written.
~i. ned, sealed ?~d .delivered
,ihthe p~nU!if"
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Print name of witness
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Approved
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M.A. Galbrai h,
city Attorney
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PINELLAS COUNTY FLA. ,
OFF.REC.BK 8515 PC; 19f,
JOINDER
FOR VALUE RECEIVED, the
execution of this Agreement and
agrees to be bound by the
undersigned.
. IN t,\HTNESS WHEREOF \\he undeTsigned has executed this joinder
this ''d 1 day of -tl ~ttY)\)eL , 1993.
undersigned hereby J Olns in the
agrees and consents to the same and
terms hereof applicable to the
signed, Sealed and
Delivered in the presence
of:
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ATRIUM AT CLEAR\'lATER LIMITED,
a Florida limited partnership
By: ATRIUM AT CLBARWATER
INCORPORATED, a
Florida corpo ation,
Gen r 1 P r
By:
WALTER T. RUMM,
President
STATE OF FLORIDA
COUNTY OF PINELLAS
'I HEREBY CERTIFY that on this day personally appeared before
me an pffic~r duly authorized to take acknowledgments, RITA GARVEY"r
Mayor Commissioner, MICHAEL J. WRIGHT, city Manager and CYNTHIA E.
GOUDEAU, City Clerk of CITY OF CLEARWATER, a Florida municipal
corporation who are personally known to me or who produced
n\L"G as identification and they are
the, persons described in and who executed the foregoing Easement
Agreement and they acknowledged then and there before me that they
executed the same as such officers on behalf of said municipal
corporation for the purposes therein expressed; and that the iaid
Easement Agreement is the act and deed of said municipal
corporation.
WITN&~.S my hand and
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~rplt...."..'~'\)~ CommlSSlon No.:
'1111",,'8,L,'C. S1,fl\,~","~ My commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day personally ~ppeared before
me an .officer duly authorized to take acknowledgments, ARTHUR X.
DEEGAN, II, Chairperson, PETER F. GOZZA, Executive Director, and
JACQUELYN DE GRAY, Secretary of COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER who are personally known to me or who
produced /" I Pt as
identification and they are the persons described in and who
executed the foregoing Easement Agreement and they acknowledged
then and there before me that they executed the same as such
officers on behalf of said agency for the purposes therein
express~d; and that the said Easement Agreement is the act and deed
of said agency. .' .
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. PINELLAS COUNTY FLA,
.~. .~. REC. BK 8515 PG 190
WITNESS my hand and official seal this !\/d1L day of
p~ cc lhf:\,,=~r:" , 1993.
()}1'[,vvt-L-> 'I; \- ~1yt-l/t'L' IL' c\
N (, ~... ) t (" . )\ / ./ / J 1
ame: ._.l .""'\ ""'( ,S: I \" ,\. .t_, ' I.{,"': ',r,
Notary Public
Commission No.:
My commission Expires:
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p.'.vf'ril HT:;i [r"!;;:Y [}:rl r~~:::'Jrifl',t,_.r., I~~~.
, STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day personally appeared before
me an officer duly authorized to take acknowledgments, WALTER T.
'KRUMM, as President of ATRIUM AT CLEARWATER INCORPORATED, a Florida
corporation, General Partner of ATRIUM AT CLEARWATER LIMITED, 'a
Florida limited partnership who is personally known to me or who
produced . n\~ ' as
iden~ification and he is the person described in and who executed
the foregoing Joinder and he acknowledged then and there before me
that he executed the same as such' officer on behalf of said
corporation as general partner for the purposes therein expressed;
and that the said Joinder is the act and deed of said corporation
as general partner.
G(~ITNES~ ~ hand and official seal this
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day of
'-:-:--...., ,!O'(C[ DECOY PHELPS
~~OMQ~\ \ My Comln hr. 4/13/97
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commission No.: ~U 7hd3?
My Commission EXPiresf1'.. 0
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I PINELLAS COUNTY FLl\:
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OFF.REC.BK 85'-- " ..
Exhibit "A"
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CLEARWATER POLICE STATIO" rROPERTY
^ll of Lots 4 through 11, inclusive, of Block 6
Magnolh Park Subdivision, according to the plat thereof
as recorded in Plat Book 1, Page 70, of the publ1c
recurds of 1Ii11sborough County, Florida, of which
Pinellas County was formerly a part.
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EXUIBIT
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., PIN~LLAS COUNTY. FLA."
'-t PG\98
OFF.REC.BK 8515 '
Exhibit "B"
wts 1, 2, ) ,12, 1.3 and 14 and loa i !road right-of-way lying westerly
of said LotS 1 and l.4, all in Block "6", MAGNOLIA PARK SUBDIVISION,
as recorded in Plat Book 1, Page 70 and Plat Book ), Page 43, of the
Public Records of Pine lIas County, Florida.
LESS /\ND EXCEPr 'l1IE FOIJlrnI\'~:;:
all thoae vohllnea of ",ir apnce situate in 'the City
of Clearwater, Pinellas County, Florida, containing the third
and fourth floors of a pa-tk'lng garage struct\lre and the ramp leading
from the second floor to the tllird floor thereof, as described
in Parcels I and II as follows:
P1\HCF.r. I:
Commence' at the Northeae terly corner. of. Lot 3, Block "6" M1\GNOLI/\
P1\RK SUBDIVISION as recorded in Plat Book 1, Page 70, Public Hecorda
of lIillaborough County, Florida of which Plnellas County waa
formerly a part, aa a point of reference; thence North 09 degree a
45'5]" West, along the SO\.ltherly right of way of Park Street (Park,
1\venue - Plat) (1\ 60 foot right of way) 210.94 feet: thence South
00 degreea 111'07" Weat, I5.00 feet to a point on the face of a
precast concrete wall, Baid point being the point of beqinning:
thence continue along the face of said wall South U9 degrees 45'53"
East, 109.21 feet; thence South 00 degrees 14'07" West, 206.42
(eet thence North U9 degreeo 115'5)" Weat, 911.30 feet Lo point
"1\" for convenience: thence North 09 degrees 45'53" Weat, 94.03
feet to the Intersec\:.ion of the face of Bnld precast concrete
wall and the face of a maaonry wall: thence North 00 degrees 14'07"
East, 206.42 feet to the point of beginning.
'1'he lowest limits of aaid air space being the bottom of the support
beams for t~e third floor of the parking garage at tile lowest ~
level of sal.d beams, havinq an elevat.ion of 43.71 feet. The upper
. limite of said air space being an elevation of 64.21 feet elevatlona
referenced to National Geodetic vertical Datum of 1929, Mean Sea
Level - 0.00.
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COllllllf!IICf! ill'. tho IIrorndl!,u:r'ihocl I'olll\. "1\" ,,/I " poill\. or n,rtlnllH~t1;
thelH:o N01'Lh 00 deqreeo 14 '0'1" I~aut, 1114. 21 feet to the point
of beginning of a 63.00 foot strip being 31.50 feet on eacll side
of ,the following described 11ne: thence South 00 degrees 14 '07"
West 162.0 feet to the point of ter:mlnation. '1'he loweI:' limita
of said air space being nn incU,ned plane along the bottom of
the ollpport beams for tho )~all1p leading from the second to third
f 100ra 0 f the parking ~Ja rage. 'fhe lower point of which la the
point of beginning having an elevation of 35.71 feet; the upper
point of which is the Southerly boundary thereof havlng an elevation
of 43.71 feet.
The upper limita of sald air space being tha lOwer 111"its of Parcel
No. I above described.
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PINELLAS COUNTY FLA,
OFF.REC.BK 8515 PG 1~9
EXIIIBI'l' "c"
Lots 1, 2, 3, 12, 13 and 14 and Railroad right-of-way lying
westerly of said Lots 1 and 14, all in Block "6", MAGNOLIA PARK
SUBDIVISION, as recorded in Plat Book 1, Page 10 and Plat Book 3,
Page 43, of the Public Records of Pinellas County, Florida.
LESS
All those certain parking spaces and volumes of air space located
within and above the parJdnq garage located thereon.
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