USX CORPORATION (3)
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~ 1. Pur~ose of Easement: The easement hereby granted shall
be for the purpose of installation, maintenance, repair and
replacement of water, sewer, and other utility lines, equipment and
fixtures (the "utilities") for Grantor's adjacent project, and for
reasonable access to the Easement Area for such purposes; provided
however, that the utilities shall be installed underground by
Grantor in accordance with good engineering design; and provided
further that after any maintenance, repair or replacement thereof
by City, the city shall promptly restore the areas affected thereby
to their original condition at the City's sole cost and expense.
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UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
USX Corporation ("Grantor"), a Delaware corporation, in
consideration of the sum of Ten and nO/100 Dollars ($10.00) and
other 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 City and such persons as shall from time to time be designated
by city, a permanent, irrevocable non-exclusive easement, for the
purposes herein expressed, under that certain parcel of real
property (the "Easement Area") situated in same 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.
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: '
2. Purposes of Easement: This utility Easement shall be
used only for the purposes specified in paragraph 1 above and for
no other purposes.
3. Term of Easement:
perpetual and irrevocable.
This
be
utility
Easement
shall
4. Easement Beneficiaries: The easement granted herein
shall be for the benefit of the City.
5. Rights Reserved: It is expressly understood and agreed
that the Grantor reserves unto itself rights to connect to the
utilities and 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 utility Easement the prevailing party in any such action will
be entitled to reasonable attorney's fees and costs through all
appellate levels.
6.2 Estopt>el 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.
6.3 Notice: All notices to be given regarding this utility
Access Easement shall be in writing and be deemed given when
delivered by had or three (3) days after the date mailed, return
receipt requested addressed to the following:
KAR~~~N ~: ~~~~AK~~~6~~ERK
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If to Grantor: USX corporation
c/o USX Realty Development
600 Grant street - Room 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 utility Easement
to be executed in its name by its undersigned duly authorized
officers and its corporate seal to be hereunto affixed this
u'l-h day of ~ec PA1 h (?~ , 1989.
~~~
, ITNESS
USX C
Development
By:
Vice President and General Manager
7~~~ K 1:'~
WITN S
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STATE OF PENNSYLVANIA)
)SS
COUNTY OF ALLEGHENY )
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I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and county a:t;9resaid to take
acknowledgem ts, personally appeared t.(/. tv, K / S e.L
an f. we~ known to be the
and ~ -S €~. -I ,
respectively of the USX Corporation, a Del are corporation, 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 i~the County and State last
aforesaid this (~ -t::h day of i!/ e. C~/t! h <' ~ , 1989.
71k~ ,K l-;;!w
NOTARY PUBLIC
My Commission Expires:
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t<OlARiAL SEAL
MARYLOU R. I\LUS, NOiARY f)USUO
PIHS2UfiGH, ALl.EGHENY COUNTY
MY COMtHSS!ON EXPIRES JULY 16.1991
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Miittnb..r, Pennsylvania Association of Notaries
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EXHIBIT A
LEGAL DESCRIPTION OF UTILITY 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.
89004'07I1W., 2351.80 feet along the South line of said section to
the Westerly right-of-way line of Gulf Boulevard (100' RjW, O.R.
1766, Pages 293-295) ; thence along said Westerly right-of-way line,
N.31058'20IlE., 857.04 feet to a curve concave Northwesterly, having
a radius of 1859.86 feet; thence Northeasterly along said curve and
right-of-way line, 296.30 feet through a central angle of 09007'41"
( C . B . N. 27 0 24 ' 29" E., 295. 99 feet) ; thence N. 22 0 50 ' 3911 E., 298. 80
feet to the POINT OF BEGINNING; thence leaving said right-of-way
line, N. 67009'21" W., 395.43 feet to the mean high waterline as
shown on the Sand Key Beach Renourishment proj ect Survey as
recorded in Bulkhead Line and Erosion Control Line Plat Book 2,
Pages 64-65 of the Public Records of said County; thence along said
line, N. 24039'22" E., 10.01 feet; thence along said line" S.
67009'21" E., 395.11 feet to the Westerly right-of-way line of said
Gulf Boulevard; thence along said line, S. 22050'3911 W., 10.00 feet
to the Point of Beginning.
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Gulf
of
Mexico
N 24039'22"E
10,01'
Mean High Woler Line
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This is nol 0 sur~ey
R: 1859.86'
A: 296.30'
ca: N 27024'29"E
N 2205Q'39"E
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AFFIDAVIT OF NO LIENS
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
REPRESENTATIVES OF
USX CORPORATION. A DELAWARE CORPORATION who, being first duly
sworn, depose and say:
1. That they are the owners of legal and equitable title to
the following described property in Pinellas County, Florida, to wit:
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 North 890
04' 07" West, 2351.80 feet along the South line of said Section to the
Westerly right-of-way line of Gulf Boule~ard (100' R/W, O.R. 1766,
Pages 293-295); thence along said Westerly right-of-way line, North
310 58' 20" East, 857.04 feet to a curve concave Northwesterly, having
a radius of 1859.86 feet; thence Northeasterly along said curve and
right-of-way line, 296.30 feet through a central angle of 090 07' 41"
(C.B.N. 270 24' 29" East, 295.99 feet); thence North 220 50' 39" East,
298.80 feet to the POINT OF BEGINNING; thence leaving said right-of-
way line, North 670 09' 21" West, 395.43 feet to the mean high water
line as shown on the Sand Key Beach Renourishment Project Survey as
recorded in Bulkhead Line and Erosion Control Line Plat Book 2, Pages
64-65 of the Public Records of said County; thence along said line,
North 240 39' 22" East, 10.01 feet; thence along said line, South, 670
09' 21" East, 395.11 feet to the Westerly right-of-way line of said
Gulf Boulevard; thence along said line, South 220 50' 39" West, 10.00
feet to the Point of Beginning.
2. That said property is now in the possession of the record
owner.
3. That there has been no labor performed or materials furnished
on said property for which there are unpaid bills for labor or
materials against said property, except (if none insert "none"):
none
4. That there are no liens or encumbrances of any nature
affecting the title of the property hereinabove described, except (if
none insert "none"):
none
5. That it is hereby warranted that no notice has been received
for any public hearing regarding assessments for improvements by any
government, and it is hereby warranted that there are no unpaid
assessments against the above property for improvements thereto by any
government, whether or not said assessments appear of record.
6. That there is no outstanding sewer service charges or
assessments payable to any government.
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7. That the representations embraced herein are for the purpose
of inducing CITY OF CLEARWATER, its agents, successors and assigns to
rely thereon.
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WITNESS .
fY.{V'?-j e!c@r.l~V
WITNESS
USX CORPORATION,
USX REALTY DEVELOPMENT
J ""/L>t\-G~ ,t- 5:LA.'I1'ITHSr
My Commission Expires:
Notary Public
SIIa8 ef Flerkla at barge
Mt Commission Expires:
NovembfM' 1A. 1';?'3
day of ~ d<<~
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Sworn to and subscribed to before me thiS~~
A.D., 1990.
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