LOKEY OLDSMOBILE INC
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40 REG ~i~----
41 St" 0
42 Sur - ---~----
43 Int ----------
To cQ~l:..d-()
INST # 96-327510
DEC 2, 1996 5:07PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 9538 PG 1671
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WATER MAIN AND UTILITY EASEMENT
REV
4.S0 THIS WATER MAIN AND UTILITY EASEMENT is granted on November 1-,
1996, by the LOKEY OLDSMOBILE, INC., a Florida corporation, its successors or
assigns ("Lokey") in favor of the CITY OF CLEARWATER, a municipal corporation of
the State of Florida (the "City"), 100 South Myrtle Ave., Clearwater 34616.
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R E C ! I A b S:
A. Lokey owns certain real property located in the municipal limits of the City
of Clearwater, in Pinellas County, Florida, and has received conditional use approval
from the City to have outdoor retail sales, displays and storage of vehicles, i.e.,
automobile dealership on its property (the "Lokey Property").
B. The ELL-CAP/DIVERSIFIED 58-HILLCREST, a California limited
partnership ("ELL-CAP") owns the property located immediately south of and adjacent
to Lokey Dealership Property which is developed as the Hillcrest Mobile Home Park
(the "ELL-CAP Property").
C. The City required Lokey, in conjunction with the conditional use approval
described in Recital A, above, to install a water main across the Lokey Property that
would connect to a new fire hydrant assembly that would be located on the ELL-CAP
Property.
D. ELL-CAP is granting by separate instrument a Fire Hydrant Assembly and
Utility Easement to the City for the installation, operation and maintenance of a fire
hydrant on the ELL-CAP Property.
E. The location on the proposed water main and utility easement on the
Lokey Property is more particularly described in Exhibit "A" attached hereto and made
a part hereof (the "Water Main and Utility Easement Property").
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G. A graphic depiction of the Water Main and Utility Easement Property is
provided in Exhibit "B" att~hed hereto and made a part hereof.
This instrument was prepared by mid return to:
E.D. ARMSTRONG III, ESQUIRE qOI'/
JOHNSON, BLAKELY, ET AL I j T
P. 0, BOX 1368
CLEARWATER, FL 34617-1368
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PINELLAS COUNTY FLA.
OFF.REC.BK 9538 PG 1672
H. The easement described herein shall be perpetual.
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lokey hereby covenants and agrees as follows:
1. Recitals.
herein by reference.
The above recitals are true and correct and are incorporated
2. Grant Water Main and Utilitv Easement. Lokey hereby gives, grants and
conveys unto the City a nonexclusive, perpetual easement over, across, under and
through the Water Main and Utility Easement Property described in Exhibit "A" for the
purpose of installing, operating, maintaining, repairing, replacing, and inspecting a
water line that connects to a fire hydrant on the ELL-CAP Property.
3. General.
a. Effective Date. The easement created and imposed hereby shall
be effective upon the recording hereof.
b. Modification or Amendment. This Water Main and Utility Easement
may not be modified in any respect whatsoever, or rescinded, in whole or in part,
except with the written consent of the City in a written instrument duly recorded in the
Public Records of Pinellas County, Florida, which consent shall not be unreasonably
withheld.
c. Bindina Effect. Lokey hereby represents that the Water Main and
Utility Easement Property is free from all liens and encumbrances, and that Lokey has
good right and authority to grant the easement described herein. The burdens of the
easement granted herein shall run with the Water Main and Utility Easement Property
and shall bind the owners thereof, and their respective heirs, successors, successors in
title, legal representatives and assigns.
d. Governina Law. This Water Main and Utility Easement shall be
construed, governed, interpreted and enforced in accordance with the laws of the State
of Florida.
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PINELLAS COUNTY FLA.
OFF.REC.BK 9538 PG 1673
IN WITNESS WHEREOF, the undersigned has executed this Water Main and
Utility Easement as of the day and year first above written.
WITNESSES:
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(CORPORA TE,.stAti:~~....,~.;...
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Signature 00- (j
~~A4IQA CP08112.<;S.
Print Name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
11 The foregoing instrument was acknowledged before me this J day of
~ ,1996, by PAUL B. LOKEY, President of LOKEY OLDSM~ILE INC., a
Florida corporation, on behalf of the corporation. He [~ersona"y known to ~has
produced as identifi~~~
Notary Public ~
Print name: 8lJTRE .:LSE^,[rl5~
My commission expires:
'I, EDYTHE L SENENSKY
ill. 1; State of AorIda
My Comm. Exp. Sspl8, 1997
CliT1fll. # CC 3137S7
CI PI!RSClNAU.v KNOWN BY ..e
CI fIMlDIIlCiD LD.
Exhibit "A"
Exhibit "B"
Water Main and Utility Easement Property
Graphic Depiction of Exhibit "A"
10/25/9610:47 AM
12172.93023
#0105350.01
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PINELLAS COUNTY FLA.
OFF.REC.BK 9538 PG 1674
EXHIBIT "A"
LEGAL DESCRIPTION
PROPOSED WATER MAIN AND UTILITY EASEMENT - LOKEY PARCEL
DESCRIPTION:
COMMENCE AT THE NORTHWEST CORNER OF THE S.W. 1/4 OF SECTION 18,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND GO
s.89042'29"E" 1778.61 FEET, ALONG THE NORTH BOUNDARY LINE OF SAID S.W.
1/4 CENTERLINE OF GULF-TO-BAY BOULEVARD (STATE ROAD NO. 60); THENCE
s.00049'56"w., 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
GULF-TO-BAY BOULEVARD (STATE ROAD NO. 60); THENCE s.89042'29"E., ALONG
SAID SOUTH RIGHT-OF-WAY LINE, 27.95 FEET FOR A POINT OF BEGINNING; THENCE
CONTINUE s.89042'29"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, 72.05 FEET;
THENCE s.00049'56"w., 280.01 FEET; THENCE N.89042'29"w., 7.50 FEET;
THENCE N.00049'56"E., 275.01 FEET; THENCE N.89042'29"w., 64.50 FEET;
THENCE N.01 017'31"E., 5.00 FEET, TO THE POINT OF BEGINNING.
7C075944 JMF 12-02-1996
01 EAS-CLWRlLOKEY OLJlS
RECORDING 1
DOC STAMP - DR219 3
REVENUE 13
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$".14 1'..)/)
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$,70
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TOTAL:
CHECK AMT.TENDERED:
CHANGE:
$''1'9. ,V1
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$ ;~~~:~l ~ 2rJ
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"AUG-22-1996 10:36
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LLOVERAS,BAUR&STEVENS
8137848153 P.09
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JI~ELLAS COUNTY FLA.
OFF.REC.BK 9538 PG 1675
. GULF-TO-B~Y BOULEVARO"(S.R. ~o. 60) b
~.09. ....{?-29.E.. 171~.6 r /I~ ..
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(/) 100.00' ,,- 'V __72.05'
-,;r:og. ~2'"29'w:-:i'l
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PROPOSED WATER MAIN 1l
AND UTIUlY EASEMENT I
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I FIRE HYDRANT ASSEMBLY ~ ,01
. AND UTILITY EASEMENT '"f 1'1
(TO BE RECORDED BY 8 ~
SEPARATEINSTRUMENn z
. 1~.09' --12'.29"W.
. 7.50'
, NORn-tWEST CORNER OF THE
S.W.1/4 OF SECTION '0.'
TOWNSHIP 29 SOUTH. flANGE 16 EAST
PINEl..l.AS COUNTY, FlORIDA
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2 10' 2~'~.2' &,,0'
SCALE IN FEET
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WATER MAIN AND UTILITY EASEMENT
BOUNDARY PLAN
N.oO' -49'.50"E., .toO'
5.0go -42'-29.E., <1.0(1'
soun~ RIGHT-OF-WAY UNE OF
GULF-"!9-BA Y f30UlEV ^AD
7.5'
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EXH1BIT II 8 II