WRC PROPERTIES INC (3)
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WATER, SEWER,
81009603 o.R.5 1 38 PAGE
DRAINAGE AND UTILIT Y JASEMENT
493
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THIS EASEMENT made thiAt.y of O~ , 1980, be-
tween WRC PROPER TIES, INC., a Delaware corporation, its successors and assigns,
hereinafter referred to as "Grantor", and the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, its successors, lessees and assigns, hereinafter refarred
to as "Grantee".
WIT N E SSE T H:
THAT for and in consideration of the mutual benefits, covenants and
conditions herein contained, Grantor grants and conveys to Grantee an easement
to install, operate and maintain in perpetuity or until the use thereof is abandoned,
such facilities as may be necessary or desirable for providing drainage, water,
sewer and other utilities; said drainage easement and facilities being located in
the following described 11easement area" within Grantor's premises in Pinellas County,
Florida, to..wit:
See Exhibit "A" attached hereto and
incorporated herein by reference.
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The rights herein granted to Grantee by Grantor specifically include:
(a) the right for Grantee to patrol, inspect, alter, improve, repair, rebuild, c.......
relocate and remove said facilities; (b) the right for Grantee to increase or ~ . ~F
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decrease the size, capacity and type of facilities; (c) the right for Grantee to ~i ~
clear the easement area of trees, limbs, undergrowth and other physical objects Q ~ I
which, in the opinion of Grantee, endanger or interfere with the safe and efficient C3~: 8
installation, operation or maintenance of said facilities; and (d) all other rights ~ 8'" 6
and privileges rea. sonab1y necessary or convenient for Grantee's safe and efficient x-~ t~
installation, operation and maintenance of said facilities, and for the enjoyment ~ [
and use of said easement for the purposes described above. ex::>
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Grantor hereby covenants and agrees that no buildings, structures or
obstacles (except fences and paving) shall be located, constructed, excavated or
created within the easement area. If Grantor's future orderly development of the
premises is in a physical conflict with Grantee's drainage easement or facilities,
Grantee slR 11, within 60 days after receipt of written request from Grantor, relocate
said facilities to another mutually agreed upon easement area in Grantor's premises,
provided that prior to the relocation of said facilities (a) Grantor shall pay to
Grantee the full expected cost of the relocation as estim;ated by Grantee, and (b)
Grantor shall execute and deliver to Grantee, at no cost, an acceptable and recordable
easement to cover the relocated drainage easement or facilities. Upon the completion
of the relocation, the easement herein shall be considered cancelled as to the portion
vacated by such relocation.
Grantor covenants not to interfere with Grantee's drainage easement or
facilities within the easement area in Grantor's premises, and Grantor further
covenants to indemnify and hold Grantee harmless from any and all damages and
injuries, whether to persons or property, resulting from interference with Grantee's
facilities by Grantor or by Grantor's agents or employees.
if
Grantor covenants not to unreasonably interfere with the operation of
the business on the Grantor's premises during the installation, operation and
maintenance of the facilities and further covenents to restore the easement area
to its previous condition after the installation, maintenance or repair of such
facilities, as reasonably as possible.
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Grantor hereby warrants and covenants (a) that Grantor is the owner
of the fee simple title to the premises in which the above described easement
area is located, (b) that Grantor has full right and lawful authority to grant
and convey this easement to Grantee and (c) that Grantee shall have quiet and
peaceful possession, use and enjoyment of this easement.
~--- >'\ All covenants, terms, provisions and conditions
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herein contained
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o.R.1o 1 38 PAGE 494
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shall inure and extend to and be obligatory upon the successol's, lessees and assigns
of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be signed this~y of ~~ , 1980.
Attest:
WRC PROPERTIES, INC.
Vice
"Grantor"
Corporate Seal
!,",
CITY OF CLEAR\V:ATE-R, FLqRIDA
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Ctt~ : a.h~iel' .
" ,,;-' ", ,jGrante~1J'
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City Clerk; '..,.
By:
Attest:
rectne s s:
official
IN ~ITJj];SSJNHERE~eunto set nand and~f..f.....i.,x..ed.... ................,.................... ......... ...r.,......
seal thl~y of (1 , 1980. ". .:. .....' . "', ..,.t
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Notary Pub1i{:" ' c,":
My commission expires:
Note ELAINE MARTIN
ry Public, State of New Vi rk
OU8I1fl~d' ,03-4686768 -qO
Commission Ex~'r BeroMnx County
" S arch 30, 19
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0.\. 5 1 3 8 PAGE
495
STATE OF FLORIDA
COUNTY OF PINELLAS
I I HEREBY CERTIFY, that on this 1.2l+--day of '~~"~ ..., A.D.
198~, before me personally appeared Anthony L. Shoema. r, Tho A. Bustin,
Lucille Willia.rns and Charles F. LeCher, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and officers
described in and who executed the foregoing easement and severally acknowledged
the execution thereof to be their free act and deed as such officers thereunto
duly authorized; and that the official seal of said municipal corporation isq'lily
affixed thereto, and the said conveyance is the act and deed of said coxpora,tion.
Pinella s
WITNESS my signature and official seal at Clearwate~!}l'l t~~"J;:;P.~~Y:?f'
and State of Florida, the day and year last above writtetf.,;.,<.' '~'~ 'i :,/;'",,>'/,>
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My commission expires:
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AND
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D.R.5 1 38 PAGE 496
Being a 10 foot wide easement continuous on the North,
East and North line of said easement and binding said
lines to the Easterly Right-of-Way for Highway U'. 5. 19
and to the mean high wate~ line of Old Tampa Bay, s~id
easement lying Northerly, Easterly and Northerly of and
adjacent to the following boundary lines:
From the Northwest corner of Government Lot 2 in Section
20, Township 29 South, Range 16 East as a Point of Refer-
ence; thence S.00052'25''W., along the West line of said
Lot, 405.00 feet; thence S.89013'12"E., 100.00 feet to
the East Right-of-Way for Highway U. S. 19 and the Point
of Beginning; thence continue S.89013'12"E., 700.00 feet
thence S.00052'25"W., 420.00 feet; thence S.89013'12"E.,
975.00 feet more or less to the mean high water line of
Old Tampa Bay and its Point of Termination.
Subject to easements and restrictions of record.
From the Northwest corner of Government Lot 2 in Section 20,
Township 29 South, Range 16 East, as a Point of Reference.
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thence S.89 13 l2'E., along the North line of said Lot 2,
100.00 feet to the Easterly Right-at-Way for Highway U. 5.19
and the Point of Beginning; thence continue S.8901'3'12"E.,
along said line. 1831.00 feet more or less, to the mean high
water line of Old Tampa Bay, hereinafter referred to as
Point "A" for convenience; return thence to the Point of Be-
ginning; thence S.OOo52'25"W., along the Easterly Right-ot-
Way for Highway U. S. 19, 20.,00 feet; thence 5.890l3'l2"E.,
1831.00 feet more or less; to the mean high water line of Old
Tampa Bay; thence Northerly along the waters of Old Tampa
Bay to the aforementioned Point "A".
Subject to easements and restrictions of record.
EXHIBIT "A"
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