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I.R.5 1 38 PAGE
489
EASEMENT
THIS EASEMENT made thi~~ day of (1'.#~980 between
WRC PROPERTIES, 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
referred to as "Grantee".
WIT N E SSE T H:
THA T 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 waterlines and related
facilities; said waterlines and related facilities being located in the following
described "easement areall within Grantor's premises in Pinellas County, Florida,
to-wit:
See Exhibit "A" attached hereto and
incorporated 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,
relocate and remove said facilities; (b) the right for Grantee to increase or
decrease the size, capacity and type of facilities; (c) the right for Grantee to
clear the easement area of trees, limbs, undergrowth and other physical objects
which, in the opinion of Grantee, endanger or interfere with the safe and
efficient installation, operation or maintenance of said facilities; and (d) all
other rights and privileges reasonably neces sary or convenient for Grantee's
safe and efficient installation, operation and maintenance of said facilities,
and for the enjoyment and use of said easement for the purposes described above.
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 Grantors' future orderly development of the
premises is in a physical conflict with Grantee's drainage easement or facilities,
Grantee shall, 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 estimated by Grantee, and
(b) Grantor shall execute and deliver to Grantee, at no cost, an acceptable and
recordable easement to cover the relocated waterlines and related facilities.
Upon the completion of the relocation, the easement herein shall be considered
cancelled as to the portion vacated by such relocation.
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~ Grantor hereby warrants and covenants (a) that Grantor is the owner
:zo of the fee simple title to the premises in which the above described easement area
{5 is located, (b) that Grantor has full right and lawful author~ty to grant and co nvey
t~. this easement to Grantee and (c) that Grantee shall have quiet and peaceful posses-
: sion, use and enjoyment of this easement.
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It~COROl!"
PINEl LAS CO, FLORIDA
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CLERK CIRCUIT COURT
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o.R.5 ,. 38 PAGE
490
All covenants, terms, provisions and conditions herein contained shall
inure and extend to and be obligatory upon the successors, les.sees and assigns of
the respective parties hereto.
Attest:
caused these presents
to be
WRC PROPERTIES, INC.
"Grantor"
Corporate Seal
CITY OF CLEARWAT.;ER, FLORIDA
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By:
cl.~. '1 ~i/S
City 'ClerK~': <,
Attest:
STATE OF lW"'~='-~ ~
COUNTY OF ~"'T.l',o,.r,~ ~
Bef re e, the undersigned author.
an
to me well known and known to me tR-~.Ithe indivi~j.s cribed in and who
executed the foregoing instrument a~ Pr"eSident a~~ecretary, respectively,
of the Corporation named in the foregoing instrument, and they severally acknow..
ledged to and before me that they executed said instrument on behalf of and in the
name of said corporation as such officers; that the seal affixed to said instrument is
the corporate seal of said corporation and that it was affixed thereto by due
and regular corporate authority; that they are duly authorized by said corporation.
to execute said instrument and that said instrument is the free act and deed of
said corporation.
IN WITNESS WHEREOF, I have hereunto set
official seal thi~ day of Oe.MtLe- v:-I9S0.
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My cOrnxnission expires:
.- MINE MARTIN
NotalY Pub !ie, State of New York
No. C~ ,:"',I~"~7~q
Ql:lalifisEl 11'1 BI en,( Cl'lUl'lty li
Commission ExpIres March JU, 19
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o.R.5 1 38 PAGE 49 1
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STATE OF FLORIDA
COUNTY OF PINE LLAS
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J I HEREBY CERTIFY, that on this /;;2. day of ................ /'
A. D. 198', before me personally appeared Anthony L. Shoe aker, Tho~as A.
Bustin, Lucille Williams and Charles F. LeCher, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
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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 is duly
affixed thereto, and the said conveyance is the act and deed of said corporation.
Pinellas
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WITNESS my signature and official seal at Clearwater'in~e"fZ;o;~t,.y.()f
and State of Florida, the day and year last above written.~:::<~' -"."':':.'_
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My cOrr1n1~ssion expires:
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Dt'nded 3" L,"'~r-"-,~ Co" " "1 I;, t.:",t-'_",:;
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O.R.f 1 38 PAGE 492
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Beginning on the Bay at the Northeast corner of Lot 2 and
running West on the United States Subdivision Line to the
section line; thence South down the section line 135 yards;
thence East parallel to the United States Subdivision Line
to Old Tampa Bay; thence along the Bay at High-Water Mark
to Place of Beginning, being in Lot 2, Section 20, Town-
ship 29 South, Range 16 East, containing 15 acres more or less;
LESS; the West 100.00 feet thereof for right of way for
Highway U.S. 19; AND ALSO: Subject to easement in favor
of the City of Clearwater described as follows: Begin at
the Northwest corner of Government Lot 2, being the North-
west corner of the Southwest 1/4 of the Northwest 1/4 of
Section 20, Township 29 South, Range 16 East, and run thence
S. 890 13' 12" E., along the 40 acre line, 100.00 feet for
a Point of Beginning; thence S. 890 13' 12" E., along the
40 acre line, 1,725.00 feet; thence S. 00052' 25" W., 5.00
feet; thence N. 890 13' 12" W., 1,725.00 feet; thence N.
000 52' 25" E., 5.00 feet to the Point of Beginning for
purpose of installation and maintenance of sanitary sewer
line; AND ALSO: Subject to easement granted to pinellas
Water Co., a Florida corporation, by Henry L. McMullen, et
ux., dated March 11, 1930, recorded on Feb. 3, 1954 in Deed
Book 1465, page 113, pinellas Records, being a perpetual
easement 50 feet wide to construct, operate and maintain
water mains for distribution of water (assigned to City of
St. Petersburg by Assignment dated Dec. 4, 1940, recorded
on Feb. 3, 1954, in Deed Book 1465, page 114) as follows:
"Across that part of Government Lot 2, plotted as Block No.
8 of Taylor and Blanton Subdivision in Section 20, Township
29 South, Range 16 East, more particularly described as
follows: Beginning at a point on the North line of Govern-
ment Lot 2, 257.00 feet more or less East of the Northwest
corner of said Government Lot 2: thence S. 030 12' 30" W.,
(true bearing) 405.00 feet more or less to a point on the
South line of the Taylor and Blanton Subdivision, 238.00
~eet more or less, East of the West line of Section 20, lying
and being 20.00 feet in width on the west side and 30.00 feet
in width on the East side of the above described line.
TOGETHER WITH
Beginning at the Northwest corner of Government Lot 2 in
Section 20, Township 29 South, Range 16 East; running thence
S. 405.00 feet; thence East parallel with the North line of
said Lot 2, 805.00 feet to a Point of Beginning; thence run-
ning South 420.00 feet; thence East parallel with the North
line 400.00 feet; thence N. 22 W., 453.00 feet; thence West
231.00 feet to a Point of Beginning.
The Grantee agrees that upon the actual installation and construc-
tion of the waterline and related facilities that the above blanket
easement shall be redefined and a substitute easement shall be recorded
based on the actual description of the in place waterline and related
facilities.
EXHIBIT "A"
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PROPOSED..ANNEXATlON AN-ZONINGl
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