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WRC PROPERTIES INC (4) >. -- "'tel' ~,: t I 81009602 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. 24 242762~1 74 DOni,. 21JABI - "401.3.0n 13.DLl CI{ 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. ~ ~ w ~ 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. ~l Chg ~ " ," \,' "l l/l \ \ ' 40 HeG I.;.J . /J{..!.... \S '- \ \ ~, ~,' I';' -+1 .)',;' ~-_: ~" It~COROl!" PINEl LAS CO, FLORIDA f'~ :J: 19~ 1JR4k.u CLERK CIRCUIT COURT ----...~..~1'l 40 :~\ -:rrO~;' p- , JIM 21 10 41 AM '81 /1 ,- ,~, 2" J- ' " ,-- , "-- ...; , -. >. c ,l '\ I 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 .. ,}; 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. ~"--.,... ........--.......,c....'-'.... ' '.' _" ' I, -....: ~''o .: - 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 ,.., ,- I I o.R.5 1 38 PAGE 49 1 .. .\.....~ i " STATE OF FLORIDA COUNTY OF PINE LLAS ~ ~ 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, "" 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 , I, .;......./ " 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.~:::<~' -"."':':.'_ ~ ..p}',(( ':, ,)~..~',,> ~ c .:~~;::c ~+ Notary Publi~_\ -: .;_ .. .... .... /0/" ~:/',.-".' , .. -'~ ,:'".,."<~,; ~/, .::/ . '(. ' My cOrr1n1~ssion expires: ~,,~J~tZi~Y ?,I_(~,~r:t: S~.~ff td no":.:!:; ,:'~ ! ~ '~:~ ~ I'~~"I (o~:~~n;~:;;)~ rX~il'f;5 Oct ::5 i ';i "~3 Dt'nded 3" L,"'~r-"-,~ Co" " "1 I;, t.:",t-'_",:; ~ ...-' " I " .. O.R.f 1 38 PAGE 492 'D r ,(,~ - / I 1/1 r:...../) (, l... rV] I;;;)J / u.p iTH' t tJ 0 I C-f C ,{,~ ~ (/ 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" - ::J I I ',"0 '0' .. .. & - , I " .. .. ::. ~ .. ~.J.. - , I .- , .c' ~I I ... I ~ 0, . , . ~ .' - .. " :. .' ., ".' .., I , .. , . . ~ Ie CLEAftWAT!:1I ~ ~ ~ ~ ~ N . 8 3 - NI8 3 . I ~. 1// .; W ~/' =-,-,-,-'.,:~;;,..,..,.."",~~~~""",-!4 I I ~~~~~~~~~~~~~ :, ' , ~ NIl8 4 ~ '! I N.1l N L e 5, 6,7 :',6,7 ,", ; "De' I BAY COVE APT. I P lolL 8 4-3 0 "be - , RM28 n _ ._. _ PROPOSED..ANNEXATlON AN-ZONINGl Owner/Applican-t MCM~ ll~-l'\- - -JU5f-~-~- Request ----- -- ,.from ~~ n , ~ {' - \ - Cour-oJ"-"" to ~i)~;&r.J Su-viCJL-5 (?~) Property M &'Bs 3, S, 6 & 7 Sec 20 - 29-16 d to. 0 4- Ac.t<--5 Section :2 0 I p.lal!ning and Zonlng Board Township;2<=t Range /10 ~ ..:J ...=-~-- I Ci ty I C?JJ.1misslon , Atlas Page I-IS ( :r Public Hearing ltem Number - . Single Family fA Duplex D,Multi-Family B Business . " Vacant .N1 i' jV\ v' . , , r V >i jV \>- ~Jr" ' " l J