Loading...
BARBOUR N AND JANE R THORNTON / FRANCES T FOLKES ,~ eO ~. -' JaY 26 I 4 06 PM '63 92893B I 0; 1727~A;J79-60 \ \ \... \....' :Recorded Finellas County, Fla. CLYDE J, KEYS \,p C; Oer~ ot ~t ;~ ._ THIS DEED AND AGREEMENT, made and executed in duplicate and dated as of the ItSf day of July, 1963, by and between BARBOUR N. THORNTON and JANE R. THORNTON, his wife, and FRANCES T. FOLKES, widow, of the CitYo(.R;U;.Junrmd,-StJa.te af"'"Vn-gi-n;"". }..,""..."";......,..f+""~SlHIlt::Limes termed "Grantor!':". parties of the first part, and CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its permanent post office address at Clearwater, Florida, hereinafter sometimes termed "City", party of the second part, WITNESSETH: That for and in consideration of the sum of One Dollar ($1. 00) cash in hand paid by the City to the Grantors, receipt whereof is hereby acknowledged, the benefits to be derived therefrom, and the performance by the City of the obligations hereinafter imposed upon and assumed by it, the Grantors hereby grant and convey to the City, subject to the limitations, reservations and conditions hereinafter set forth (I) a permanent easement in that certain parcel of land, lying and being situate in the County of Pinellas, State of Florida, here- inafter designated and described as PARCEL NO. 1 - PERMANENT EASEMENT, for the installation and maintenance of an underground 36-inch sanitary sewer line in and under said parcel, and (2) a temporary easement in that certain parcel of land immediately adjoining the first mentioned parcel on the north, hereinafter designated and described as PARCEL NO.2 - TEMPORARY EASEMENT, for the purpose of affording acces s for the installation of said sewer line in, under and across the first mentioned parcel, said parcels being bounded and described, respectively, as follows: PARCEL NO. 1 - PERMANENT EASEMENT Begin at the NW cor. of Lot 16 of Wm. Brown's Subdivision of Bay View, Florida, as recorded in Plat Book 1 Page 13 of the public records of Hillsborough County, Florida of which Pinellas County was formerly a part, and run thence S 00 371 03" W, along the westerly line of said Lot l6, 397.66 ft. for P. O. B., thence S 8lo 331 55" E 101. 97 ft., thence S 800 49' 10" W 49.56 ft., thence N 810 331 55" W 52.67 ft., thence N 00 371 03" E l5. 16 ft. to P. o. B. Containing ll60. 0 square feet. PARCEL NO.2 - TEMPORARY EASEMENT Begin at the NW cor. of Lot 16 of Wm. Brown1s Subdivision of Bay View, Florida, as recorded in Plat Book 1 Page 13 of the public records of Hillsborough County, Florida of which Pinellas County was formerly a part, and run thence S 00 371 03" W, along the westerly line of said Lot 16, 397.66 ft. for P. o. B., thence S 810 331 55" E 1 0 1. 97 ft., thence N 800 49110" E 49. 56 ft., thence N 810 331 5.5" W 151.28 ft., thence S 00 37103" W 15.l6 ft. to P.O.B. The locations of the above described two parcels of land are indicated on the plat or diagram, dated November 27, 1962, made by Leo M. Butler, Registered Surveyor, hereto attached and made a part hereof. It is understood and agreed between the parties hereto that notwithstanding anything to the contrary on said plat or diagram, the temporary easement hereinbefore granted in Parcel No. 2 shall terminate automatically by limitation and without notice on December 3l, 1963, or upon completion of the sewer project, whichever is sooner, unless the time is extended by written agreement between the parties hereto. The easements in the aforesaid parcels of land are granted subject to the following terms, covenants, reservations and conditions: 1. The City and/or its agents shall have rights of access to said parcels of land for the delivery of personnel, equipment and material over any existing traveled roadways to and from the site of the work for the purpose of installing and con- structing said sewer line. The City and/ or its agents shall also have the right -1- I Jfo;[f ~(J (j - J 3 " I !' I n.R. 1727 rA~80 " to enter upon the above described parcels of land and to make test borings and soil investigations; to clear and dispose of underbrush, vines, brambles, and trees less than six inches in diameter measured two feet above the ground within the easement areas; to remove muck, peat or other soft or unsound material from the sewer trench and replace the same with sound material, and upon completion of said sewer line to enter upon Parcel No. 1 for the purpose of inspecting and maintaining the sewer line. 2. The City shall exercise the rights herein granted to it and construct the under- ground sewer line in a good and workmanlike manner and incomo.r.Inity with good engineering practice and thereafter maintain the same in good order and condition, all at its sole risk, cost and expense. In performing such work, the City shall do such backfilling and tamping as may be necessary to prevent settling, and leave the surface of the grantors' land in good order and condition. Any surplus earth removed from the trench shall be spread evenly over the grantors! lands, but debris, brush, trees and other waste material shall be removed from said lands and disposed in such manner as shall not be detrimental thereto. 3. Except as herein otherwise provided, restoration of the property shall be made by the City or its agent as set forth in the Addendum to Easement attached hereto and made a part hereof by reference; provided, however, that in the event the use of said sewer line is abandoned or discontinued for any reason whatsoever, the City shall either promptly remove the sewer line from Parcel No. 1 or fill and retire the same in place, as the grantors! or their successors in title or assigns may direct, and restore the grantors! land to good order and condition, all at the City's sole risk, cost and expense, and thereupon the easement herein- before granted the City in said Parcel No. 1 shall cease and terminate. 4. The Grantors, their successors in title and assigns, shall have the full and free right to tap and connect with the main sewer transmission line free of charge and without paying any front foot assessment or other cost or expense therefor. 5. That the Grantors reserve the right, for the benefit of themselves and their successors.intitle and assigns, to use the land in which the easements are hereby granted for any purposes not inconsistent with the use and enjoyment of the ease- ments, including but not limited to the right to fill over and upon and to wharf out, over, upon and across said land out to the line of navigation or such other line or lines as may be permitted by law. It is further understood and agreed that nothing herein contained shall be deemed to affect, impair or prejudice any riparian rights in or appurtenant to the Grantors' land in which said easements are hereby granted. 6. It is hereby further expressly understood and agreed by the parties hereto that the use of the main sewer transmission line will become available to the Grantors, their successors in title and assigns, at such time as their property may be annexed by the City of Clearwater, Grantee. In the event that the Grantors, their successors in title or assigns, request annexation and, if for any reason this request is refused by the City of Clearwater or the City is unable to perform the act of annexation, then the Grantors, their successors in title or assigns, shall have the right to use the sewer at the same rate as other users of the sewer in and about the City of Clearwater. 7. The foregoing covenants and conditions shall be deemed covenants running with the land and shall inure to the benefit of and be binding upon the Grantors and the City and their respective successors in title and assigns. IN' WITNESS WHEREOF, the Grantors have hereunto set their hands and seals and the City has caused these presents to be executed in its name by its City Manager, City Clerk, countersigned by its Mayor-Commissioner, and -2- '., .' I " I O.R. 1727 PAGE281 approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached, the day and year first above written. Signed, sealed and delivered in the presence of: ./1 d/l//~h'~.t< )j .~"<'Zi" (SEAL) Barbour N. Thornton 7lZiA. L/LaLd ,j. ;tf[..LLL - ~,~, . __ ~. ~~(SEAL) O~ Jane R_, T~ornton . / 4, -,- L .' -;;t7Zt.,t,,,,l..{/j. I. .Z'(!-t.l'U"-b (SEAL) Frances T, Folkes ~.Sl,.t..:,6 ?n. ~u.I CITY OF CLEARWATER. FLORIDA By: /~ -~..~? f/?~r~ /" ,/ Clty ~~c,.:....,/.,;, . . .J.2 ;]7'''' ,," ""', ,<.~. Attest: ~~ Pi, ' Signed, sealed and delivered in presence of: AP~m ""'~..~'?f5""J;ii".s: '," ~.".';.,...,....,.",.,..',.....'.............'..... ......,-,... '- .- '. , .. . City Al(torney STATE OF VIRGINIA eITY ~OF RIOHMOND Before me personally appeared Barbour N. Thornton and Jane R. Thornton., his wife, and Frances T. Folkes, widow, to me well known and known to me to be the individuals described in and who executed the foregoing instrument and a9>kJ+:;,::;:;..., now1edged before me that they executed the same for the purposes thereip':'~~e:!Sis~Ct.~_< ....LJ ., ,.. ...,.... .'......",'"... .,'.... _~ .l..:.... ; ---'-;,,_. _"'-.....1, WITNESS my hand and official seal this ~ day of JulYI A.:D~'/,.'1.9:~6-~. '::'~"'~':'.:.\ ,,~.,\.....) -... ~~J '"'/7 Notary Public My Commission Expires ~ /~ c..~~ #'. ./ J /7'~ C STATE OF FLORIDA . ) ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this / .f!day of July, A. D., 1963, before me personally appeared James R. Stewart, Herbert M. Brown, R. G. Whitehead and Robert L. Weatherly, respectively City Manager, City Attorney, City Clerk and Mayor -Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing instrument, and severally ack~w~~dged the execution thereof to be their free act and deed as such officers :~r.f~~~:rt'lf~"dq.ly authorized; and that the official seal of said municipal corporation is ,,/gU}Y'affi~d);l;1ereto, and the said conveyance is the act and deed of said corporation. .' ..) -' ,:'" , ~,,'" ''.c ,,:S)!~' '" W'.l,'riNtsS my signature and official seal at Clearwater in the :p1n.e11ag. and State of Florida, the day and year la t above written. ~' ~ ,:-'- '/ , \~.l '~, ,~...;- ~ _. "~;";'-'ComMitifCJfi!i~*~J.~l!>rida at Large .... "t"Y < "..iQJ"y'tqmmissiOn~)('f5ir~s ~ec. 27, 1965 '~/"Bonded by American Surety Co. of N, Y./l , ' , I ij,R, 'ti27;,OpAGE282 i. t...:p..., p...,.e..,rt.y.. of Fr.anCes T.. r.o. lk., &8 and Barbour lh ThS'rnton . l.t~'()~R. 15,7pae;cs 400 an4 401 "1rnel1a$ County ,FlClr~.i. ,I, . i '.>l'i".::~~~~j{~<,:':-,. ,.,j ~ ...- -~ .........<L- , · e,,0'- q; j , , t ---- -- _ 'C>~ .~ ~~.~~ ~t.o '~( ~ ,1 ~ ."....~ j ,~ .~-.,..,......-~"f"-"..' .~~.""'~'_~__--,.,......._ -~.~~ ':,eiM.t..e,....t " r,:,; <:i:' ',"'; ..,.' , .. . " ... ..,. .. . . ... : ,:,";,;;t',;i~Q:at:ttt..:"...~:,Of Lot 16 or WlI.BrQwn'!I Sub.dtvl$1on of '1i~j'."t('V'l,., )'"lor1d.",.. reoC)ilfdlj 1n Plat Book 1 Page 1) of the publ ie ;::f;;,l:thep~.,Or'H111.,'~~hCc)l.lnt1, 'FleMda of which Pinel].... Count!' va,a :':i,:r:lto~;r11 ,8 ~rt., altI;I r!Jrl,~heftce S 0-31'0.3"W, alongth,~, westerly line ;~i:i:((;j;\;'tlt':".~4'l-ot 16 J97.~ ft., f.~r P.O.S., thence Sglo3J'~51.! 101.97 ft., '.,....:.h!.'.',,;.r.':.:!l.!l.~.<.!,:..::;!!~b.'.~C..'~.'........~. ....., ,...,.4911,O",...it 4., ,,9..... ..5..6. ...'.l,t '.'.., tn.nee .ii81 oJ J '. ;:SIt\i 52 e67. '. 1:t... thene. nii:}':''',;H' O!IJ:J"O'j".15.16 tt". to';;i~tO~I.Conta1njn, 1160.0 square-feet, , ,jITl't';,,; 'I,. ,,::j : ',i' ' . :;,H':::idf!!:[r:~ '~"rYl,"a....ti Y"::t'~,' " ~,:~<.. ",..". , .::-..", " ,~,.':., I:'" "~' ::: !.:, ;;',.gt:nat the .~... cor'~<:,,'of,~:~ot. 16,01' WID. .. Brown's Subd1Y1~1on of 'Bal'Yi~. Florida, '81 r~d.~ in Plat Book 1 Page 1) of the public "',jr,.e.;,...~,...', _..,..N.,.,.... ........O.'......~..H,.,....1...,.11..f..".Q.o....t',..._fcO.'.'.'.~.p. g....h.,.,..c....._,.Q.'..,.u.,...:.n..:-.,t...y,. . ..,. ~.',:r...,,-..r..,~...f,d,a.f.,.o. f .,'..~.lgi.....'c..'..,..,+;l,..flf~~&Uitrlra '... : 't;t5~;;.' ~;., :t1f;; , '~(,:I ':;{;":e~~'SS13:3 · ; 5 'tip; <<1 ~l ~7r~. ,:..be..~o49'rl,I:49.;SIJ:"~:,t.'J:',t:henc. ~N81-t3' 55"W 151.28 ft. , thence.' eo-)7'O)"W 15.16 ft. t.Q. ,'.0.18.; , , '. , , ~ !::i '. . ,~_, " -;;' ~' "~",: ' ' ~ld' tuporarr ''''''e9Pt::'to ",,~l.te upon completion of the ~ewer contract. : j.' , ;' " :' i ' ' ?,l i ~ f:., ~ '~ ~4 " v ~Ir' ~ t 'C ~ ~ " ~~ ~ '4 1': ,t~ ,;~ " , :''1 i~' , .~~.~~ L. .., .... ;Sut.ler . : R.Ct,,~~~yor' )10. 7ft ~ . "";11 :' '~, ' ....'Ii ~t ,I, ~. {~.~,~ ,....1;. t....,, .. . '. '- . w . ! ... I .. I o.R.)'-172'7 PAGE283 ADDENDUM TO EASEMENT The following requirements will govern clearing, excavation and restoration of property and public rights of way for construction of the interceptor sewer and are an explicit .2..a~~ ~~..!"h,~,. :~nstr.l~ct~on con~ract: F.!~~!~.Cleaning U P Before the work is considered complete. all rubbish and unused material due to or connected with the construction must be removed and the premises left in a con- dition satisfactory to the Owner~ All property, both public and private; disturbed or damaged during the prosecution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. Safety, Protection and Sanitation a. Safety The Contractor shall furnish and install all necessary temporary works for the protection of the work and the safety of the public and shall carryon his work in the manner best calculated to avoid injury to the public or to the workmen. b. Pr~tection of Adjacent Property and Utilities The Contractor shall conduct his work in such manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations. Construction Procedure Portions of the work are along the water front of Tampa Bay. It shall be the Contractor! s responsibility to preserve, protect and/ or replace existing water front structures, bulkheads, piers, and docks without additional compensation. Earthwork for Pipe Line Construction 1. Clearing (a) Clearing operations in areas of wild growth (bl:ush, mangrove, et c. ) shall be confined to the actual easement or right of way provided. Clearing parallel to the provided easement for construction purposes will be allowed if the perrnis sion of the property owner is obtained by the Contractor for such clearing. The cleared area shall be of adequate width for purposes of sewer construc- tion~ access of equipment, layout and stockpiling of excavated material. Brush and trees cleared from the work site shall be removed from the sit~ and satisfactorily disposed of by the Contractor. Disposal by burning may be alloweci if, in the opinion of the Engineer, adequate precaution has been taken to prevent spreading of the fire and nuisance to adjacent properties. The Contractor shall, ~Q~ey.e:rLbe_ful1yres,ponsible for,aU--consequenc esofstichburning. (b) Clearing operations in cultivated areas (groves, shrubbery and plant- ing:::} will be limited to the easement or right of way required and within such right of way to trees and shrubs which must be removed for construction purposes. In public rights of way and in easements on private property all lawns, plantings and shrubs will be restored either by removal and replacement of existing plantings or by replanting with plants equal to that existing prior to construction. The Contractor is expected toc-ooperate with involved property owners in protecting existing plantings. Sprinkler systems, cables and/ or other privately owned buried improve- ments shall be protected, preserved and/ or' replaced without additional com- pensation.