EUGENE LOVICK PEARCE ESTATE
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OR 1704 PAGE674
AGREEMENT AND GRANT OF LIMITED EASEMENTS
WHEREAS.. the City of Clearwater,. a municipal corpora-
tion, is desirous of obtaining an easement for the installation
of a sewer line which will be more fully hereinafter referred to,
which easement lies predominently outside of the corporate limits
of said municipality as of this date; and
WHEREAS.. the procurement of such easement is essential
to the general welfare of said City of Clearwater and its inhabi-
tants; and
WHEREAS.. the Estate of Eugene Lovick Pearce.. acting by
and through Eugene Lovick Pearce, Jr.,. and Howard P. Macfarlane,.
as Executors of the Last Will and Testament of Eugene Lovick
Pearce, Deceased~ and Anne Williams Pearce, the surviving wife of
Eugene Lovick Pearce, and Eugene Lovick Pearce, Jr., individually,
and as heir-at-law of Eugene Lovick Pearce.. and beneficiary under
said Will.. are owners of lands or have beneficial interest in
lands that are or will be affected by this grantJ and
WHEREAS, the City of Clearwater has been intimately
advised as to the nature and extent of the properties of said
Pearce family.. and the agreements hereinafter stated;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That the perimeter description of the Pearce pro-
perties and the properties to which the benefits of the within
agreement shall apply are described as follows, irrespective of
the individual or family ownerships therein or thereby owned by
the parties hereto, in accordance with schedule hereunto attached
and by reference made part hereof.. marked EXHIBIT I_
2. That drawing of the temporary and permanent ease-
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ment contemplated by this agreement is hereunto attached and by
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reference made a part hereof, marked EXHIBIT 2.
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D,R, 1704 f~Gt 675
3. The Estate of Eugene Lovick Pearce" acting by and
through Eugene Lovick Pearce,. Jr. and HowardP. Macfarlane" as
Executors of the Last Will and Testament of Eugene ~ovick Pearce.
Deceased,. and Anne Williams Pearce,. the surviving wife of Eugene
Lovick Pearce, and Eugene Lovick Pearce,. Jr., as an heir-at-law
of Eugene Lovick Pearce, and as beneficiary under said Will,.
and individually,. joined by his wife,. Anne Woolsey Pearce,. here-
inafter called grantors,. do hereby grant and convey unto the
City of Clearwater,. a Municipal corporation, hereinafter called
the grantee,. through lands owned by the grantors,. the following
easements, to-wit:
(a) A five (5) foot permanent easement described as
follows:
Begin at the Northwest (NW) corner of Government
LOt 2, being the Northwest (NW) corner of the
Southwest Quarter (SN~) of the Northwest Quarter
(NW.) of section 20, Township 29 South,. Range 16
East,. and run thence South 890l3112u East along
the 40-acre line,. 100.0 feet for a P.O.B.; thence
South 89013'12" East along the 40-acre line,
1725.0 feet; thence North 0052125" East 5.0 feet;
thence North 8901311211 West 1725 feet; thence
South 0052125" West 5.0 feet to P.O.B. Containing
8625 square feet.
(b) A fifteen (15) foot temporary easement described
as follows:
Begin at the Northwest (mf) corner of Government
Lot 2,. being the Northwest (NW) corner of the
Southwest Quarter (SN~) of the Northwest Quarter
(NW~) of Section 20, Township 29 South,. Range 16
East,.. and run thence South 89013112" East along
the 40-acre line,. 100.0 feet for aP.O.B.7 thence
South 89013'12- East along the 40-acre line,.
1725.0 feet; thence North 005212S"E.ast 15.0 feet;
thence North 8901311211 West 1725.0 feet; thence
South 005212511 West 15.0 feet to P.G.B.
(c) A ten (10) foot permanent easement,. center line
for which is described as follows:
Begin at the Southwest (SN) corner of the North-
west Quarter (NW~) of the Northwest Quarter (NW~)
of Section 20,. Township 29 South,. Range 16 East;
run thence South 89013112" East,. along the 40-acre
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[Ut 1704 PAGE 676
line, 1816.33 feet for P.O.B.i thence North
51029'25" East 123.65 feeti thence North 14059145"
East 994.0 feeti thence North 27010'45" East
371.0 feeti thence North 28013145" :East 595.0
feet; thence North 47008'45" East 191.96 feet
to the Westerly boundary of the W.S.Wightman
property and end of easement. Containing 22,756
square feet M.O.L.
(d) A thirty (30) foot temporary easement described
as being fifteen (15) feet on either side of the center line of
easement described in paragraph (c) above.
(e) As to the permanent easements.. and only the per-
manent easements,. the grantee shall have and exercise a perpetual
easement as herein specifically granted, together with the right
of ingress and egress over and along the easements themselves,.
subject, however,. to the express covenants and limitations more
fully set forth in this agreement,. and there shall under no cir-
cumstances be any right, privilege or implied grant in such per-
manent easements not herein specifically granted.
(f) As to the temporary easements, the grantee shall
have full right of ingress and egress over, along, and across
the area of the temporary easements during the progress of con-
struction and until termination thereof,. or one (1) year from
date of this agreement, whichever shall first occur, subject,
however,. to all limitations, conditions or restrictions imposed
by the within agreement,. which grant shall be limited to the ex-
press terms of the grant,. and shall carry no rights by implication.
4. In consideration of the above and foregoing grant,.
and as a part of the express consideration therefor, City of
Clearwater, a municipal corporation,. finds consideration suffi-
cient and does hereby covenant and agree for itself and its
successors with the grantors,. their heirs and assigns" as follows:
(a) That it will construct or cause to be constructed
without cost to grantors, wholly within the area of the permanent
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~.R, 1704 PAGE677
easementt center line for which has heretofore been described,
in accordance with plan and specification hereunto attached, and
by reference marked Exhibit 3t and the prqfile or elevation levels
in accordance with profile drawings hereunto attached and marked
Exhibit 4,. a main trunk sewer line which is and shall be installed,
constructed and made operable, and thereafter maintained operable.t
to furnish sewage treatment facilities for all of the lands herein-
above described within the perimeter of the Pearce family lands,
for the benefit of such present and future owners of such lands.
(b) That the above sewage facilities shall be maintained
without cost or assessment to the hereinabove Pearce properties,
save and except that if and when sewage distribution facilities
are or have been installed within the remaining lands of the
grantors herein, their heirs or assigns, and when such service
is and has been in fact so rendered, then as to such part or por-
tions of the perimeter lands described the grantee and its success-
ors shall be entitled to charge and receive only the normal monthly
service charge for the same comparable service that is furnished
elsewhere within the City of Clearwater, which charges the grantee
herein warrants shall never exceed the minimum charge that may
be in force and effect within the City for such service. No
such monthly service charge shall be charged against the proper-
ties or any part thereof until there shall have been in fact
constructed improvements for each lot or plot,. and so long as
properties remain vacant and unconnected, no charges shall be
payable therefor, nor shall charges be payable by any lands, im-
proved or otherwise, until in fact such lands shall have received
sewer services.
No additional charges for other types of utility fa-
cilities shall be charged to or added on to the sewage charges
herein contemplated.
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D.R 1704 PAGE678
(c) The City of Clearwaterz as a municipalcorporationz
covenants and agrees with the grantorsz their heirs and assigns,.
that said municipal corporation will not annex the within proper-
ties to the corporate limits of said City by voluntary act on the
part of said City, or otherwise, without the consent of the grantors,
their heirs and assigns,. it being the express understanding that
the lands are now devoted to agricultural pursuits and that ulti-
mately,. if and when sUbsequent development of the area warrants,.
that the then owners will accomplish annexation in an orderly
fashion as the properties are platted for uses other than agricul-
tural or rural type residential usages.
It is further understood and agreed that the grantee's
rights of ingress and egress to the above described easements,
either temporary or permanent, shall be limited to the easement
areas only: however. nothing herein shall prevent the grantors,
their heirs and assigns, from authorizing in writing the grantee
to utilize other routes of entry. but the grant of this easement
shall in no way carry, by express terms or by implication, any
other rights of ingress or egress.
The grantors, their heirs or assigns. specifically re-
serve the right to cross and recross,. pave, improve or otherwise
deal with the easement area herein granted: provided, however,
that such usage by the grantors shall not unreasonably interfere
nor jeopardize the safe operation of the line.
The reservation herein expressly includes the right
by such grantors, their heirs or assigns, to pave or otherwise
utilize, if they so desire. said easement areas as roads, streets,.
or for the purpose of the installation of other utilities in the
development or enjoyment of the remaining properties of the grantors.
(d) The grantee herein shall not fence or otherwise
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n.,R_ 1704 PAGE679
block the easement areas, except where essential in the installation
of its necessary underground facilities, in any manner which would
unreasonably interfere with the normal usage of the surface rights
of the grantors herein, and the grantee agrees that inanticipa-
tion of the ultimate development of the properties herein" the
grantors, their heirs or assigns, shall have the right to install
additional manholes at such interval or intervals as may be desir-
able and consistent with sound engineering practice, to permit the
sewage facilities to be available to the adjacent properties in
the course of their land development, present or future.
The grantee further represents to the grantors that
the line now designed and to be constructed is of such character
and has been placed at such depth as to permit reasonable gravity
flow into such line, and should future usage of the line to serve
grantors' property require the installation of force mains or pump-
ing stations, that such cost will be that of the grantee, and not
of the grantors herein, their heirs or assigns.
(e) The grantee hersin covenants and agrees that it
will receive the within properties as a part of the City of Clear-
water from time to time upon the request of the grantors" their
heirs or assigns, as platted for uses requiring sewage facilities.
The grantee will refrain from arbitrary requirements or unreason-
able demands in the exercise of its lawful powers relating to
approval of plats. When the area or areas of the Pearce properties
are to be served by the within facilities" the grantors, their
heirs or assigns, agree that they will give reasonable written no-
tice to the grantee of their desire for such services, and appro-
priate plans for installation of utilities within the area to be
served shall be furnished to the City Engineer. When such utili-
ties have been so connected, they shall become a part of the sewage
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fffi,R, 1704BAGf 680
system of the City of Clearwater" and be so received by the grantee
herein" all to be consistent with sound engineering practice and
the quality of the system as it is then installed in said area
generally. The parties recognize that it is not now the practice
of the City of Clearwater to re~urse subdividers for installation
cost of utility lines: provided, nevertheless, should at any future
date the City of Clearwater change this policy, then the grantors,
their heirs or assigns, who have in fact installed such facilities
at their individual cost shall be entitled to the benefit of such
procedure for re~ursement as the City might at such time offer
other subdividers. For purpose of the reimbursement provision
herein, the parties stipulate that a period of limitation of ten
(10) years from date of installation would be a reasonable time
for re~ursement eligibility so that such above provision would
not project unreasonably into the past. Such provision shall be
deemed severable as to each platted tract.
(f) In the use and enjoyment of the easements herein
granted, the grantee agrees to reasonably res~e any substantial
damages done to the surface of the grounds and to avoid and re-
frain from the doing of any act or acts which would interfere
with the reasonable usage and enjoyment of the remaining proper-
ties of the Pearce family, their heirs and assigns. This provi-
sion shall especially extend to restoration of existing fences
and restoration of normal drainage of the area whether caused dur-
ing construction or by subsequent maintenance of the line, all
of which cost shall be borne by the grantee.
(g) Grantee herein covenants and agrees to save harm-
less and indemnify the grantors herein from all loss or damage
whatever arising from either construction of the facilities or
subsequent usage and maintenance thereof, whether such claims be
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n,R, 1704 p~GE681
injuries to persons or property.
IN WITNESS WHEREOF, the parties have executed these pre-
sents for the purposes herein expressed. this 29th day of
May
.
A.D.r 1963.
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As Ito Eftate oiJEugene
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As to 'Anne Williams Pearce
BY:
Lovick HowardP. Macfar1an
As Co
OF EUGENE LOVICK PEARCE
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Anne Williams Pearce
Ge~(!. ?t3~
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. ene Lovick pearce) Jr. .
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Anne Woolsey Pear e' .. ...,
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As to Eugene ~~k pearce,
Jr. and Anne Woolsey Pearce
Conntersigned.:
Attest:
Its
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STATE OF FLORIDA )
HILLSBOROUGH)
COUNTY OF ~ )
BEFORE ME, the undersigned authority, personally appeared
EUGENE LOVICK PEARCE, JR. and HOWARD P . MACFARLANE, as Co-Executors
under the Will of Eugene Lovick Pearce, Deceased, to me well known
to be the persons who executed the above and foregoing Agreement
for and on behalf of the Estate of Eugene Lovick Pearce, and who
acknowledged before me that they executed the same freely and volnn-
tarily for the purposes therein expressed.
WITNESS my hand and official seal, in the County and
aforesaid, this 29thdayof May , A.D., 1963.
My Commission expires:
Oct. 21, 1965
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STATE OF ~~~4Aa...
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COUNTY OF PINBLLAB
rJ,R, J 704 PAGE 682
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BEFORE ME, the undersigned authority, personally appeared
EUGENE LOVICK PEARCE, JR., individually, and as an heir-at-law of
Eugene Lovick Pearce, Sr., Deceased, and as a beneficiary under
the Will of Eugene Lovick Pearce, Sr., to me well known to be the
individual who executed the above and foregoing Agreement, and
who acknowledged before me that he executed the same freely and
voluntarily for the purposes therein expressed.
WITNESS my hand
aforesaid,. this ~ day
and~ficial seal, in the County and State
of ~A/ I A.D., 1963.
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,R6tary Public , ';j..
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_Commission Expires Jan. 21, 1967
STATE
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COUNTY
BEFORE ME,. the undersigned authority, personally appeared
ANNE WOOLSEY PEARCE, wife of EUGENE LOVICK PEARCE, JR. t to me well
known to be the individual who executed the above and foregoing
Agreement, and who acknowledged before me that she executed the
same freely and voluntarily for the purposes therein expressed.
WITNESS
State aforesaid,.
my hand and. Off1~ seal, ~ the countya..n....d
this ~ ,day of / /f~./ AA.D., 1963.. ':, '
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Nota \Public l
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My Commission expires:
"NOtary Public, Geor,ia, State at Lar'"e
,.~ission Expires Jan. ,21, 19i7
STATE OF Jio~
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BEFORE ME, the undersigned authority, personally appeared
ANNE WILLIAMS PEARCE, as surviving spouse of Eugene Lovick pearce"
Sr., deceased, to me well known to be the individual who executed
the above and foregoing Agreement, and who acknowledged before me
that she executed same freely and voluntarily for the purposes
therein expressed.
WITNESS my h~d apd official seal, in the County and
State aforesaid, this dOlt:, day of /;hd- I A.D., 1963.
(j~ 1. JtLcc.
Notary public
My Commission expires:
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:tdy Commission Expires Feb. 13, 1969.
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O.R, 1704 PAGE683
STATE OF FLORIDA )
(
COUNTY OF PINE~ )
BEFORE MEt the undersigned authority, personally appeared
JAMES R. STEWART, as City Manager, ROBERTG. WHITEHEAD, as City
Clerk and ROBERTL. WEATHERLY. as Mayor-Commissioner, of the City
of Clearwater, a Municipal Corporation, to me well known to be the
individuals who executed the above and foregoing Agreement. and
who acknowledged before me that they executed said Agreement
freely and voluntarily for and on behal.f of the City of Clearwater,
a Municipal Corporation, for the purposes therein expressed.
WI. TNESS my han. d ~ Offic.yseal' in. the County and
. aforesaid, this ~ "o.ay of ~ ~ A.D. t 1963.
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NotaryPulJl ,state of Florida at [arg8
My Commission Expires Dec. 27, 19651
~n.d_eQ Dl AmerIcan Surety.C.o.of N.. X.
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Q.R. 1704 PAGE 684 .
PERIMETER DESCRIPTION OF PEARCE PROPERTIES
Commencing at the Southeast (SE) corner of the in-
tersection of State Road 60 (Gulf-to-Bay Boulevard) and U.S.
Highway #19 (Gulf Coast Highway) in the City of Clearwater,
Fl~rida7 run thence Southerly along the Easterly right-of-
way line of U. S. #19, 4027 feet M.O.L. to the North line
of the lands of Henry McMullen, which line is also known
as the South boundary line of Government Lot one (1), in
the South half (S~) of Section 20, Township 29 South,
Range 16 East7 thence Easterly along the aforesaidSQuth
boundary of Government Lot one (1) 1917 feet M.O.L. to
the waters of Old Tampa Bay, and continuing easterly 1054
feet M.O.L. into the waters of Old Tampa Bay to the West (W)
line of the channel of old Tampa BaY7 thence Northerly
al~ng the West Line of the channel 1400 feet M.O.L. to
the submerged lands of W. S. Wightman7 thence Northwesterly
(NW) along the boundary line of the Pearce~ightman pro-
perties 2800 feet M.O.L. to the property of D. McLain7
thence Westerly (W) 700 feetM.O.L. along the South line
of the Ethel Hughes property 7 thence Northerly 660 feet
M.O.L. to the South right-of""'Way line of (Gulf-to-Bay
Boulevard) State Road 607 thence Westerly along the South
right-of-way line of said State Road 60, 660 feet M.O.L.
to Point of Beginning.
EXHIBIT I
t
SEE EXHIBITS
IN THE FILE