WAGENVOORD ADVERTISING GROUP INC
I '" ~~
RETURN TO:
Thomas A. Stewart, Esq.
Vernis & Bowling of
the Gulf Coast, Inc., P.A,
1346 South Ft. Harrison Ave.
Clearwater, Florida 33756
INGRESS AND EGRESS EASEMENT AGREEMENT
THIS INGRESS AND EGRESS EASEMENT AGREEMENT (the "Agreement")
is made by and between the CITY OF CLEARWATER, a Florida municipal
corporation, which has a post office address at p, 0, Box 4748, Clearwater,
Florida 33758-4748 (hereinafter referred to as the "Grantor") and WAGENVOORD
ADVERTISING GROUP, INC. a Florida corporation, which has a business address
at 2360 N.E. Coachman Road, Clearwater, Florida 33765 (hereinafter referred to
as the "Grantee'')
RECITALS
WHEREAS, the Grantor is the owner of a tract of land (hereinafter referred
to as "City Parcel'') more particularly described in EXHIBIT "A" (2 pages - legal
description & sketch) attached hereto and incorporated herein by this reference;
and,
WHEREAS, the Grantee is the owner of a tract of land (hereinafter
referred to as "remainder WAGI Parcel'') as depicted in EXHIBIT "B" (1 page -
sketch) attached hereto and incorporated herein by this reference; and,
WHEREAS, the City parcel was acquired by purchase from WAGI and
directly abuts the remainder WAGI parcel; and,
WHEREAS, as a condition of the purchase of the City parcel from WAGI
Grantor agreed to allow WAGI to use a portion of the City parcel for
ingress/egress only to the remainder WAGI parcel; and,
WHEREAS, Grantee desires that the easement rights described herein be
conveyed unto Grantee as above described rather than unto W.A,G.I. previously
contracted; and,
WHEREAS, the Grantor is agreeable to the substitution of Grantee, and
Grantor now desires to grant, and the Grantee desires to receive, ingress/egress
over the City parcel to the remainder WAGI parcel;
;1 I -
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Page 2 - Ingress/Egress Easement
Fr: City of Clearwater
To: Wagenvoord Advertising Group, Inc.
NOW THEREFORE, in consideration of One Dollar ($1.00) and other
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged; the following grants, agreements, covenants and restrictions are
made:
1. RECITALS. The forgoing recitals are hereby made a material part of this
Agreement and are incorporated herein by this reference,
2. GRANT OF EASEMENT. The Grantor hereby grants to Grantee, its
successors and assigns, a non-exclusive easement appurtenant to the
remainder WAGI parcel for ingress and egress only over all of the City
parcel .
3. USE OF EASEMENT PREMISES/RIGHTS RESERVED, The rights of ingress
and egress to the remainder WAG I parcel are granted for the exclusive
use of Grantee. The Grantor reserves unto itself, its successors and
assigns, the right to utilize the easement premises for all other purposes
such as do not endanger or interfere with the rights granted herein.
Grantor shall have the right to grant such other easements, rights or
privileges to such other persons and/or entities and for such purposes as
Grantor in its sole discretion may select, so long as such purposes do not
endanger or interfere with the easement rights granted herein.
4. RESPONSIBILITIES FOR IMPROVEMENTS, Grantee shall, at its sole cost
and expense, be responsible for the construction, installation and
maintenance of any improvements required upon the easement premises
as a condition of the City granting site plan approval for Grantee to
construct a monopole radio tower upon Grantee's remainder property.
IV'
Page 3 - Ingress/Egress Easement
Fr: City of Clearwater
To: Wagenvoord Advertising Group, Inc.
5. TIME OF THE ESSENCE. Grantor and Grantee agree and covenant with
each other that time is of the essence in this agreement, and that all
obligations of the respective parties under this agreement shall be
implemented in good faith and in a timely manner by the obligated party.
6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument,
including the benefits and burdens, run with the land and are binding
upon and inure to the heirs, assigns, successors, tenants and personal
representatives of the parties hereto.
7. BINDING EFFECT. This easement agreement is binding upon the Grantor,
the Grantee, their respective successors and assigns. The rights granted
herein shall be perpetual and irrevocable except by the written mutual
agreement of both parties, or by abandonment of the easement premises
by Grantee.
8. ATTORNEY'S FEES. Either party may enforce this instrument by
appropriate action, and the prevailing party in any such litigation shall
recover as part of its costs a reasonable attorney's fee.
IN WITNESS WHEREOF the Grantor and Grantee have caused this
Agreement to be signed by their respective authorized officers this ..r- of
{l\6/ , 2001.
Countersigned:
w~-
Brian ungst
Mayor-Com missioner
CITY OF CLEARWATER, FLORIDA
~:;Q.~..~
William B. Horne, II
Interim City Manager
Attest:
~ .' L _.JL. iJo o.~=
hia E, Goudeau, City Clerk
fIl
Page 4 - Ingress/Egress Easement
Fr: City of Clearwater
To: Wagenvoord Advertising Group, Inc.
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Brian J.
Aungst, the Mayor-Commissioner of the City of Clearwater, Florida, who
executed the foregoing INGRESS AND EGRESS EASEMENT AGREEMENT 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 ,,'fI.. day of ~_, 2001.
~O(.~
Notary Public - State of Florida
[stamp/seal]
Type/Print Name
Nm'MV PUBLIC. STATE OF FLORIDA
~gl~ L BRINK
COMMISSION. CC834678
EXPIRes 512212003
60NDED tH!b ASA 1-688-NOTARY1
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared William B.
Horne, II, Interim City Manager of the City of Clearwater, Florida, who executed
the foregoing INGRESS AND EGRESS EASEMENT AGREEMENT 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 ~day of
~_, 2001.
c~~~
Notary Public - tate of Flonda
ll'TflljlY "!muc - STATE OF FLORIDA
LAROL YN L BRINK
Type/Print Name COMMI8SION'CC83467B
~s 512212003 -
E'ONDfD THF~.; 1\;,);\ 1-eSS-NOTARY1
[stamp/seal]
Page 5 - Ingress/Egress Easement
Fr: City of Clearwater
To: Wagenvoord Advertising Group, Inc.
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:UJ-. /0- "J-rc~
WITNESS Signatul1 .
UZ=-- t/,;y 1-c-p' ../cJ c? tfZ9
Print Witness Name
WAGENVOORD ADVERTISING GROUP,
INC., a Florida corporation
/l----'-- ---... _
Wrrf,jESS Signature
'T.1N /lY:~ .
Prir1fWltness Name
[Affix Corporate Seal]
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared David
Wagenvoord, as President of Wagenvoord Advertising Group, Inc., a Florida
corporation, who executed the foregoing INGRESS AND EGRESS EASEMENT
AGREEMENT and acknowledged the execution thereof to be his free act and
deed for the use and purposes herein set forth,
Vol 'NESS m han an fficial seal this:1.t.:"day of -4J---, 2001.
N ARYPUBLIC'~ ST . OF'FLORIDA ~a\. AndrewChartesEckholr
,~; MyCommissionDD002094 [stamp/seal]
Type/Print Name .J"'l>llEtJ !!JJ..4~i.J:J CddJ<'E-~ Expires Febru8ry18,2005
I><l Personally Known
[ ] Produced Identification
Type of Identification Produced
Approved as to form:
~ ~aySn: Assi ant City Attorney
EXHIBIT "A"
(City Parcel)
Page 1 of2
A parcel of land lying in Section 16, Township 29 South, Range 15 East,
Pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of Pinellas
County, Florida, said point lying on the westerly right of way line of
Pierce Boulevard, lying S 89023'46" W, 92.86 feet from survey center line
station 50+79.88 of pierce Boulevard per State Project .Number 15220-2599,
also being a point of curvature with a nontangent curve concave
northeasterly; thence along the arc of said curve to the left, having a
radius of 224.63 feet, a central angle of 02024'17", the chord for which
bears S 46034'59" E, a chord distance of 9.43 feet, an arc distance of
9.43 feet to the end of said curve, said point lying S 64041'14" W, 80.16
feet from survey center line station 51+09.93 of Pierce Boulevard per
state Project 15220~2599, said point also being the POINT OF BEGINNING
and a point of cornpoundcurvature with a curve concave northeasterly;
thence along said curve to the left having a radius of 224.63 feet, a
central angle of 06033'11", the chord for which bears S 51003'43" E, a
chord distance of 25.68 feet, an arc distance of 25.69 feet to the end of
said curve; thence departing aforesaid westerly right of way line, S
15019'02" E, 26.99 feet; thence S 74041'01" W, 7.12 feet; thence S
15018'59" E, 0.90 feet; thence S 89045'13" W, 71.09 feet to a point of
curvature with a nontangent curve concave southerly; thence along the arc
of said curve to the right, having a radius of 75.00 feet, a central
angle of 1.5034 '37", the chord for which bears N 66053' 42" E, a chord
distance of 20.33 feet, an arc distance of 20.39 feet, to a point of
compound curvature with a curve concave southerly; thence along the arc
of said curve to the right, having a radius of 70.33 feet, a central
angle of 29051.'14", the chord for which bears N 89036'37" E, a chord
distance of 36.23 feet, an arc distance of 36.65 feet to the end of said
curve; thence N 74041'01" E, 5.62 feet; thence N 1.5019'01" W, 36.83 feet
to the POINT OF BEGINNING.
said lands containing 1041 square feet, more or less.
PIERCE
100 CONDO
WESTERLY
RIGHT-OF -\\,t Y
rUNE Of PIER::;
, BOULEVARD
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1"\ ....
....
....
N89.45.'3"E 53.56' ........
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;' S89.451,! '!.. 71.09 574'41'O"W 7,12' ,
,,/' ",. ,----- 515'8'59"E 0.90' A'
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_______4____~-~------------------------------~
~~STERLY /
RI~T-OF-WA'f UNE..../
PiERCE BOULEVARD
L - 20.39'
R - 75.00'
C8 .. N66'S3' 42-(
CO .. 20.33'
DELTA - 15"34'37"
EXHIBIT "A"
(City Parcel)
Page2of2
1041 S.F. m.oJ.
POINT Of COMMENCEMENT
'-lOST EASTERLY POiNT
or PiERCE 100 CQ"iSlOM!NIUM
RECORDED IN CONGOM:NIUM
PLAT BOOK 19, PAGE 98
PINElLAS COUNTY. FlORiDA
(POINT 0: CURVATURE)?
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POINT OF 8EG1~N:~~G
PARCEL 801
rpOiNT OF COI.I~OUND
CURVATURE
/
n-; TA - 0.'...,'....,. f
:-'t.~ C .13' ~.:. '-~
R = 224.63' .
ca = $46'34'59"E
CD = 9.43'
DELTA - 96.3J'''-
L - 25.69
R .. 224.63'
C8 :II SS11)~'4J"E
CO - 25.68
DELTA.. 29"51'14-
L = 36.65:
R - 70.33
C8 .. N89.36'37"E
CD .. 36.23'
SCALE: 1"'.30'
THIS IS NOT A SURVEY
CITY or CLEARWATER. nDRIDA
PUBUC WORKS ADYINISTRATION
ENGINEERING
\
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\
\
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EXHIBIT"B"
WAGI
REMAINDER
PARCEL
SCALE: 1"'=30'
THIS IS NOT A SURVEY
PIERCE
100 CONDO
POINT OF COMMENCEMENT
MOST EASTERLY POINT
Of PIERCE 100 CONDOMINIUM
RECORDED IN CONDOMINIUM
PLAT BOOK 19, PAGE 98
PINELLAS COUNTY, FLORIDA
(POINT Of CURVATURE)
WAGI
REMAINDER
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to
DELTA = 02'24'17"
L = 9.43'
R = 224.63'
CB = S46'34'59"E
CD = 9.43'
WESTERLY
RIGHT-OF-WAY
r LINE Of PIERCE
, BOULEVARD
,
,
"
,
- - -- -- -- - -- - - --1
-----_:~~~:~~~~~-~:::~:~~~----~~-----------------~
~
DENOTES
INGRESS/EGRESS
EASEMENT
DA1(
2/13/2001
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
EXHIBIT "B"
INGRESS EGRESS
EASEMENT
~A'Mi BY
MLC
Ct'lECI([OB'1
TM
GRID I
2868
WESTERLY /
RIGHT-Of-WAY L1NE-'"
PIEflCE BOULEVARD
OW<::. NO.
P80lA
SHEET
1 OF 1
SEC1-l\Y5P-RNG
16-29S-15E