USX CORPORATION
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INST t 92-018897
JAN 22, 1992 5:18PM
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, PINELLAS COUNTY FLA.
OFF. PEe,','. I~,' K' 779 j.
. PG 1 ~5~j~:5
11 RECORD~
AGCT ~,-,-~
REC IOprj;tO
FEES
MTF ____
PTG --- By
PIC
DOC
INT ,
TOTAL USX Corporation ("Grantor"), a Delaware corporation, In
r~ ~~'O, consideration of the sum of Ten and No/100 Dollars ($10.00) and
v~ ~ther good and valuable consideration paid to Grantor by the CITY
OF CLEARWATER, FLORIDA, a municipal corporation ("city"), the
mailing address of which is Post Office Box 4748, Clearwater,
Florida 34619-4748, hereby grants, bargains and sells to city, its
licensees, agents, successors, and assigns forever, for the use of
the public designated by City, a permanent, irrevocable non-
exclusive easement, for the purposes herein expressed, over and
across that certain parcel of real property (the "Easement Area")
situated on Sand Key in the city of Clearwater, Pinellas County,
Florida and more particularly described in Exhibit A annexed hereto
and hereby made a part hereof.
Documentary Tax P $
$
Karleen F. De Blak ~
PEDESTRIAN ACCESS EASEMENT
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KNOW A
BY THESE PRESENTS:
TO HAVE AND TO HOLD the easement hereby Granted unto City its
licensees, agents, successors and assigns forever, upon and subject
to the following terms, conditions and reservations:
1. Purpose of Easement: The easement hereby granted shall
be for the purpose of pedestrian access to and from the waters of
the Gulf of Mexico as the mean high water line thereof exists from
time to time, including the installation of a five (5) foot
concrete sidewalk by Grantor, and also including the right of City
to install steps, dune walk-over structure, landscaping and other
surface improvements relating to pedestrian access to the Sand Key
Beach and for all purposes reasonably related to the implementation
of the foregoing, and for no other purpose.
2. Maintenance: City shall maintain the surface
improvements on the Easement Area in good condition at its sole
cost and expense.
3. Term of Easement: This Pedestrian Access Easement shall
be perpetual and irrevocable.
4. Easement Beneficiaries: The easement granted herein
shall be for the benefit of the City and the general public and
City's successors and assigns, and city's invitees, lessees and
licensees, and also including without limitation, Grantor and its
officers, employees, agents, contractor, invitees, and assigns.
5. Rights Reserved: It is expressly understood and agreed
that the Grantor reserves unto itself all rights of ownership of
the Easement Area not inconsistent with the easement granted
herein.
6. Miscellaneous:
6.1 Attornev's Fees: In the event of litigation relating to
this Pedestrian Access Easement the prevailing party in any such
action will be entitled to reasonable attorney's fees and costs
through all appellate levels.
6.2 Estoppel Certificate: Upon prior written request of
either party the other party hereto shall furnish the requesting
party an estoppel certificate reasonably satisfactory to the
requesting party.
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RETURN Tm
CITY CLERK
POST Or-FleE BOX 4748
CLEARWATER, FL 34618-4748
KAF~I...EEN F. nEfH AK'E:'F~~"I 'f"K'
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RECORn VE:'R' '[ I:' '[ E'I' BY' ~ .-/
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6.3 Notice: All notices to be given regarding this
Pedestrian Access Easement shall be in writing and be deemed given
when delivered by hand or three (3) days after the date when
mailed, return receipt requested addressed to the following:
If to Grantor: USX Corporation
c/o USX Realty Development
600 Grant street - 2656
Pittsburgh, Pennsylvania 15219-4776
Attention: James B. Rutherford
with a copy to: John A. Hammerschmidt, Esquire
Senior General Attorney
USX Corporation
600 Grant Street
Pittsburgh, Pennsylvania 15219-4776
If to City: City of Clearwater
Post Office box 4748
Clearwater, Florida 34619-4748
Attention: City Manager
with a copy to: City of Clearwater
Post Office Box 4748
Clearwater, Florida 34619-4748
Attention: city Attorney
IN WITNESS WHEREOF, Grantor has caused this Pedestrian Access
Easement to be executed in its name by its undersigned duly
authoriz~, officers a~e seal to be hereunto affixed
this -1tf day of , 1991.
~rI3~
~AL<- -I! ~__ ___
US~ CORPORATION '.,' -:-('
By. .,~
V - (Seal)
A~~ .~
STATE OF PENNSYLVANIA)
)SS
COUNTY OF ALLEGHENY )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared ~ L3.1e:;,-M~~Q.J
_and .:J", ~. ~I ~i.y well known to be the G""~e.c..4"
/H+,...,~<-.t;~Mi'!AJr and ~.ssy; ,'e'C'.orre'",~V ,
respectively of the USX Corporation; a~ Deiawarecorporation,. and
that they severally acknowledged executing same, freely and
voluntarily under authority duly vested in them by said corporation
and that the seal affixed thereto is the true and corporate seal
of said corporation.
WITNESS by hand and official seal in the County and State last
aforesaid this /-1/M day of #,i/.e.-w4:J~-"<... , 1991.
)7;4' ~ 7! 1('~
NOTA~ PUBLIC '
My Commission expires:
Notarial Seal
~ A. Klus. Notary Pl.......
PittSburgh A!fegheny ~UUIf\i
My eorTlf11leifoio, ExPres July 1 ~ 998.
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~__P~~ELLAS COUNTY FLA.
OF~.kEC.BK 7791 PG 1~~'7
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EXHIBIT A
LEGAL DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT
THAT PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commence at the Southeast corner of said Section 19; thence N.
89004' 07" W., 2,351.80 feet along the Southerly line of said
section to a point on the Westerly right-of-way line of Gulf
Boulevard (100' right-of-way, O.R. 1766, ~ages 293-295): thence
along said Westerly right-of-way line N. 3158'20" E., 553.31 feet
to the POINT OF BEGINNING; thence N. 89004'07" W., 383.00 feet more
or less to the waters of the Gulf of Mexico (reference l?oint "A");
thence returning to the Point of Beginning, run N. 31 58' 20" E.,
5.84 feet along said right-of-way line; thence N. 89004'07" W.,
5.00 feet Northerly of and parallel to the aforedescribed 1 ine
383.00 feet more or less to the waters of the Gulf of Mexico:
thence S. 31058'20" W., 5.84 feet along the water of the Gulf of
Mexico to reference p6int "A".
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1 PINF.""L
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01 f.REl.BK 7791 PC l~~o
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PROPOSED S' PEDESTRAIN EASEMENT
P~'A"
N89D04'07"W 383.00'
N89D04'07"W 383.00'
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N31 D58'20"E 5.84'
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P.O.B.
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N.T.S.
NOTE:
This is NOT
a Survey...
Southeast Corner
Sec. 19/29 /15East
N89D04'07"W 2351.80'
J.C.J.
12/24/91