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GRANDE BAY APARTMENTS LTD ...;:...4la, INST #:~53l54 1~:_T__~n_~~~5n:~~:_~____ PINELLAS COUNTY FLA. iOF~~~~~C~: OR~~~l36 ,_.... . _1 -",'t; ~ :I:"' ' :;-y 't':,'-X-i~'" ~~ .__ _1.D.---- ~ ,-. i ~::'f ;; L ,_..", :'1.- c:.~ ....~. ..' .,~_ ., _' _ _ A ;~l'>;~~'~ '..I~Url~1 RIGHT-OF-WAY EASEMENT ,.'.-- ,.. J.:;p~:! ,":::;rk, FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to ;~rlledl Ith/er/e/fJ;~~nde Bay Apartments, Ltd. Partnership, M: LU - C) fd'1 an 2~~~~ ~~:~;~~ ;~~i~:~;~iP ':':'.OClor:..i I-.!Cf) I~ Cleveland, Ohl.o 44122 ,: ~ 8 CCUj r.c (.1 t; S2 ffi UJ LL ,'...:: c.:l Q :..-: a. U u..W t: 0 ~ ./ .:: r- .~ does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, state of Florida, to-wit: RIGHT-OF-WAY EASEMENT: The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any ~ road right-of-way, and to inspect and alter such road right-of-way from time 3 to time. ,--' Grantee covenants and agrees to hold Grantor harmless from and will U indemnify Grantor for any damages incurred as a result of any activities undertaken by Grantee consistent with thi.s grant of easement, from any ~destruction of property, any injury or death of any person(s), any wrongful or negligent act or omission of the Grantee or its agents, contractors, ~ SUbCO. ntra.ctor. s, or. employees in the course of their employment, up to the. :E. limits as set forth in section 5.2 (" Insurance"), receipt of which is . acknowledg~d by Grantor) of city Construction Contract, et s~q.; however, ,CJ nothing contained herein shall constitute a waiver of any rights or defenses ') \ available to tpe Grantee as a Florida municipality under section 768.28, ~C(! / ~~. ~ Ro tJC) ~P<J J~ \'-J JrY) ~ct ~~. <J3 cia That portion of the Southeast 1/4 of Section 17, Township 29 South, Range 16 East, being more particularly described as follows: commencing at a point on the East right-of-way line of Thornton \ Road, as said road existed prior to November 12, 1968, said point, being more particularly described'as the Southwest corner of Lot 13, WILLIAM BROWN'S SUBDIVISION OF BAYVIEW, FLORIDA, as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pine1las County, Florida was formerly a part, for a POINT OF BEGINNING; thenbe run N 62021'26" East, along the South line of said Lot 13, 11.35 feet; run thence S 000 37'03" West along a line 10.00 feet East of and parallel to the Southerly extension of the West line of said Lot 13, 95.38 feet; thence run N 89022'57" West, 10.00 feet to a point on the southerly extension of the West line of said Lot 13; thence run N 00037'03i, ~ast along said Southerly exten~ion of the West line of Lot 13, 90.00 feet, to the POINT OF BEGINNING. This easement is for right-of-way purposes. ,:.~,.I"'~.. ~. ..; i Gj) / )/0.); / 'u (:; .~:. 1 IPINELLAS COUNTY FLA OFF.REC.BK 8777 PG 2137 . ... 'Florida statutes, the "Sovereign Immunity Statute". Grantee shall require that any contractor under hire by Grantee to perform any activity consistant with this grant of easement shall name Grantor as "additional insured II as a condition of contractor's employment. /.. IN WI.TNESS WHEREOF, the party hereto has set its hand and seal this _Sf- day of ()..1~.LUJ(:- 1994.. GRANDE BAY APARTMENTS, LIMITED ~TNERSHIP, an Ohio limited partnership Signed, sealed and delivered ~: -- ~Q Ioe.r+ 6-( #.,.(\-+ Printed By: RISCO Development, Inc. an Ohio corporation, sole general partner B~~- William B.Risman, Chairman of the Board and Chief Executive Officer - STATE'OFOHIO ) COUNTY OF CUYAHUGA ) Befo~e. a N9tary Public in and for said County and State this i~f day of ~ z;- , 1994, personally appeared the above Grande Bay Apartments a4mited Partnership, an Ohio limited partnership, by RISCO Development, Inc., an Ohio corporation and the sole general partner of Grande Bay Limited Partnership, by William B. Risman, its Chairman of the Board and Chief Executive officer, who acknowledged that he did sign the foregoing instrument on behalf of said limited partnership and corporation, and that such signing was his free act and deed as such officer, and the free act and deed of said corporation and limited partnership. William B. Risman is personally known to me or has produced as identification. ~t~ Signature of person taking acknowledgment Type/print Name: AJ.fi\t.Fi.5f1'1Jol/l Notary Public, State of Ohio My Commission Expires: GBAptPer.ewb ALEX FISHMAN, Notary Public State of Ohio (Reg. Cuy. Cty.) " My Commission Explres~rch 3, .1~. ........10 ,,' '-'1 '-If: ;:':',: ;1'1 ."".'.') '," ~,. . ~ NOT TO SCALE I tPINELLAS COUNTY FLA. OF .REC.BK 8777 PG 2138 PORTION OF SEC. 17 29 S - 16 E CLEARWATER, PINELLAS CO. FLORIDA 10' previosl}' dedicated in O.R. 3023 Pg. '7 o <( o 0::: Z o I- Z 0::: o I I-;- 13 'l,O~ '1.\ .... ~o'f. \\. P.O.B.SW COR. jU ~ LOT 13 ao ~_ ;...o.o~ gg ~.o o gO> z VI PWD 6/07/94 lOi~ M BROWN SUB. F BA YVIE Hl-13 14 15 Proposed additional R.O. W. - Thornton Road N09'22'57"W 10.00' SUBMERGED LAND I~~~ g~~v ~ji NOTE: This is not 0. Survey