PINELLAS COUNTY
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99-282482 AUG-25-199S 11 :20RM
PINELLAS CO BK 10636 PG 2082
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EASEMENT
THIS INDENTURE made this ;<.J/ day of ~ ' 1993'-, between
PINELLAS COUNTY, a political subdivision of the State ofFI da, hereinafter referred to as
"GRANTOR", whose post office address is 315 Court Street, Clearwater, FL 33756, and the
CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose post office address is
P. O. Box 4748, Clearwater, FL 33758, hereinafter referred to as "GRANTEE."
WITNES SETH:
That for and in consideration of the mutual benefits, conditions and covenants contained
herein, GRANTOR does hereby grant and convey to the GRANTEE a utility easement
("Easement") for the construction and maintenance of a signal pole and mast arm on the property
described in Exhibit "A" attached hereto and made a part hereof. GRANTEE agrees to the
following conditions:
1. GRANTEE will not interfere, diminish, impede, obstruct or alter in any manner the
operation or capacity of that portion of the existing surface water retention pond that currently
exist with in said easement.
2. Both parties are political subdivisions of the State of Florida and as such may not
indemnify and hold harmless the other. However, as additional consideration for the rights
conveyed under this Easement, GRANTEE agrees to remain liable for any of its acts or
omissions causing or resulting in any damage or injury by use of this Easement. This agreement
shall not be deemed a wavier of GRANTEE'S sovereign immunity with respect to any third
party under Section 768.28 ofthe Florida Statutes, as it may be amended from time to time, or
under any other applicable sovereign immunity law.
3. At all times the GRANTEE shall maintain its structures, improvements, lines, and
related equipment located, installed or constructed within the Easement Premises, in a safe and
serviceable condition.
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PINILLAS COUNTY rLA.
Orr.R C.8K 10838 PG 2083
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4. If the GRANTEE shall at any time abandon or cease using the Easement Premises for
the purposes'contained herein, this EaSement'shall terminate and immediately revert to
GRANTOR.
5. All rights and oblitations under this Easement shall extend to the respective
successors, and assigns of GRANTOR.
6. If GRANTEE violates by act or omission the terms or conditions of the grant of
Easement, GRANTOR will provide written Notice of such violation to GRANTEE, Attn.: City
Attorney. GRANTEE shall have sixty (60) days following receipt of notice to remedy such
violation, or to commence to remedy such violation in the event that remedy would require
longer than sixty (60) days to complete. In the event GRANTEE fails to remedy such violation
as provided herein, GRANTOR may terminate this Easement by recording a Termination of
Easement Agreement.
IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this instrument
on the date first above written.
GRANTOR
PINELLAS COUNTY, FLORIDA
By and through its Board of County
Commissioners
BY:~~
Chairman
Print Name: J4~,(Ie ;J/hCKS
GRANTEE
A TIEST:
By:
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ynthia R Goudeau
itY Clerk
CITY ~LEARW A 'fER, FLORIDA
By: 1::
Michael J. Roberto
City Manager
Prepared by: Real Estate Management
201 Rogers Street
Clearwater, FI 33756
7-13-99
Cont/99709,Eas
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PINdLLRS COUNTY FLR.
OFF.RE~.8K 10636 PG 2085
Utility Easement
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MAGNOLIA PARK
Plat Bk 3. Pg 43
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CITY or CLEARWATER, fLORIDA
· PUBLIC WORKS ADMINISTRATION
ENGINEERING
SCALE: 1" = 20'
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UTlUTY EASEMENT
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P I~ELLAS COUNTY FLA.
OFF.tEC.8K 10636 PG 2086
EXlDBIT "A"
EASEMEm' BETWEEN PINELLAS COUNTY
& CITY OF CLEARWATER
Leaal Description
Utility Easement
A portion of that land situated In the SE% of Section 16, Township 29
South, Range 15 East, Pinellas County, Florida, being more particularly
described as follows:
Commence at the Northeast comer of Lot 5. Block 18, MAGNOLIA PARK
SUBDMSION, as recorded in Plat Book 3, Page 43 of the Public Records of
Pinellas County, Florida for a POINT OF BEGINNING (P.O.B.); thence run
South a distance of 15.00 feet along the easterly lot line of said Lot 5;
thence run Northwesterly, 21.03 feet to a point on the northerfy lot line of
said Lot 5, said point being 15.00 feet West of the P.O.B.; thence run East a
distance of 15.00 feet to the P.O.B.
Containing 120.40 square feet, more or less.