LINCARE HOLDINGS INC
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o 1-2227A JUN-28-200 1 1: 52PM
PINELLAS CO BK 11449 PG 1472
111111I11111 11111 11111 11111 1111111111 11111 11111111
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Prepared by
R. Carlton Ward (pb)
1253 Park Street
Clearwater, FL 33756
WATERLINE AND FIR~ LI~E EASEMENT
This Easement is made this :;)/~ay of May, 2001, between
Lincare Holdings, Inc., a Delaware corporation, its successors and
ass igns, as "G;r-antor", and the Ci ty of Clearwater, Florida, a
Municipal corporation, its SUccessors and assigns, hereinafter
referred to as "Grantee".
WIT N E SSE T H:
That for and in consideratIon of the mutual benefits,
covenants and conditions herein contained, Grantor does hereby
grant and convey to Grantee an easement to install, operate and
ma~ntain in perpetuity or until the use thereof i~ abandoned, such
facilities as may be necessary or desirable for potable waterlines,
waterlines for fire protection systems, fire hyd~ants and related
facilities in, under, over and through that certain real property
located in the following described Easement Area: being located 10'
on either side of any of the aforementioned facilities in~talled in
the real property located in Pinel1as County, Florida, and
described in Exhibit "A" attached hereto and incorporated herein,
and hereinafter referred to as the "Easement Area".
The rights herein granted to Grantee by Grantor specific~11y
include:
(a. ) The right for Grantee to patrol, inspect, al ter,
improve, "repair, rebuild, relocate, and remove said faqilities;
(b.) The right of Grantee to clear the E~sement Area of
trees, limbs, undergrowth and other physical objects which, in the
Qpinion of Grantee, endanger 0:1; interfere wi th the safe and
efficient installation, operation, or maintenance of said
facilities; and
(c.) all other rights and privileges reasonably necessary
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 herein.
Grantor hereby covenants
structures or obstacles (except
shall be located, constructed,
Easement Area.
and agrees that no buildings,
fences, landscaping and paving)
excavated or created within the
Grantor Covenant~ not.to interfere with Grantee'~ waterlines
or facilities within the Easement Area, 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.
G;r;antee covenants not to unreasonably interfere I}li th the
operation of the busines~ of Grantor on the Easement Area during
the operation, maintenance and repair of the facilities, and
further covenants to restore the Easement Area to its previous
condition after the performance of any maintenance or repair of the
facilities, as reasonably as possible.
RETURN 10: /
CITY CLERK
POST OFFICE BOX 4748
CLEAAWATER, FL 33758-4748
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PINJlLAS COUNTY rLA,
Orr.REC,BK 11449 P~ 1473
Grantor hereby covenants and warrants that:
(a.) Grantor is the owner of fee simple title to the
Easement Area and the property described in Exhibit "~" attached
hereto and incorporated herein;
(b. ) Grantor has full right and lawful authority to
grant and convey to Grantee the easement described herein;
(c.) Grantee shall have quiet and peaceful posse~sion,
use and enjoyment of the easement granted herein.
Grantor does hereby declare, convey and grant to Grantee an
eaSement for ingress and egress of vehicular and pedestrian traffic
for maintenance, service and repair. of the waterlines and related
facilities over, on and across the Easement Area and those portions
of tbe property described in Exhibit "A" that are improved with
roads, driveways and parking areas, or otherwi~e reasonably
necessary to provide ingress and egress to the Easement Area.
Grantor and Grantee acknowledge that the facilities described
herein have been installed in the Easement Area by Grantor, with
said installation inspected, accepted and approved by Grantee, but
that the specific location of the facilities within the property
del3cribed in Exhibi t "A" has not yet been determined. Grantee
agrees that upon determination of the actual location of the
waterlines (for potable water and fire protection) and related
facilities, that this easement will be amended and modifieq to
provide a specific description of the location of the waterlines
and related facilities, and that the blanket easement described
herein will be redefined based on the actual description of the
location of the waterlines and related facilities.
~ll covenants, terms, provisions and conditions herein
contained shall inure and extend to and be obligatory upon the
succe~sors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have
presents to be signed the day and date indicated.
~~
caused these
Signed in the presence of;
y
Pri
LINCARE HOLDINGS, INC., a
Delaware corporation
By: ~.A-p. ~
Nam~O~l P. ~y~S
"'- ~~~~~' f1'i,rof . (~=:
STATE OF FLORIDA
COUNTY OF PINELLAS
I BEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgments,
~hne. B'1Y"I\..t1" as e~clclt,..t.~ (',t C . of LINCARE HOLDINGS INC.,
a Dela.ware corporation, who is personally known to me or who
produced as ldentlfication, and he is the
person described in and who executed the foregoing Easement, and
who acknowledged then and there before me that he executed the same
on behalf of the corporation for the purposes therein expressed.
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WITNESS my hand and offlclal seal thi~ 9-' day o~'~-l(~lM. D~~~~.
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PINELLRS COUNTY rLR,
Orr .REC,BK 11449 PG 1474
~XHIBIT"A"
(Page 1 of 2)
rHAS~~III - ARBOR OFFIGE CENTER
from the Northwest corner of Government Lot 2, the same being
the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of
section 20, Township 29 south, Range 16. East, Pinella~ County,
Florida, as a point of Reference; thence S. 89 degrees, 13'12"E.,
along the North line of said Lot, 100.00 feet to an intersection
with the Easterly right-Of-way line of u.~. Highway 19 (state Road
#55, a 200.00 foot r~ght-of-way) to the point Qf Beginning; thence
continue s. 89 degrees 13'12~ E., along said line 830.60 feet;
thence le~vin9 said line S. 00 degrees 52'25" W., 825.00 feet to
the south line of Taylor and Blanton's Subdivision as recorded in
Plat Book 1, Page 16, Public Records of Hillsborough County,
Florida, of which pinellas County was formerly a part; thence along
the boundary of said plat by the fOllowing three (3) courses:
1. N. 89 degrees 13'12" W., 130.60 feet;
2. N. 00 degrees 52'25" E., 420.00 feet;
J. N. 89 degrees 13'12" W., 700.00 feet;
to an intersection with the afore~entioned right-of-way line of
u.s. Highway 19, then~e N. 00 degrees 52'2Sh E., along said line
405.00 f~~t to the above-~entioned point of Beginning.
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OF'F',REC.SK
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11448 PC3 1475
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EXHIBIT "A':
(Page 2 of 2)
NW Cor. SW 1( NW ~
Sec::t. 20 T",sp. 295 Rng. 16E
(NW CQr, Gvmt. Lot 2)
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(N. Line GYfTll L 2)
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CITY Of Cl.EARWATER. fl-ORIDA
puauc WORKS AOMINISTRAT10~
ENGINEERING
ARBOR SHOREUNE ~-~7A
OffiCE CEN TER ..n
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BL~N1(ET WATERLINE E"SEt.lENT .......__
To BE REl.E~SEO ;rc-an~'lIt
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared John P. Byrnes, as
President and CEO, of LINCARE HOLDINGS INC., a Delaware Corporation authorized to do
business in the State of Florida, whom, being first duly sworn, does depose and say:
1. That said corporation is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
That portion of Phase III -Arbor Office Center as more
specifically described in the LEGAL DESCRIPTION, and as
depicted in EXHIBIT "A", both being attached hereto and
made a part hereof.
2. That said property will be in the possession of the record owner upon issuance of the
Certificate of Occupancy.
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:
a. Those incurred and to be paid in the ordinary course of business and
construction.
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described, except:
a. Those incurred and to be paid III the ordinary course of business and
construction.
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 described 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 the CITY OF
CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
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WITNESS, Printed Name
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'bed before me this ~ \ a- day of ~
, 2001.
Notary Public - State of Florida
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EXHIBIT" A"
(Page 1 of 2)
rHAS~,..III .. A~BOR OFFIC~ CENTER
from the Northwest corner of Government Lot 2, the same being
the No~thwest corner of the southwest 1{4 of the Northwest 1/4 of
section 20, Township 29 south, Range 16. East, Pinellas County,
Florida, as a point of Reference; thence s. 89 degrees, l3'12"E.,
along the North line of said Lot, 100.00 feet to an intersection
with the Easterly right-of-way line of u.~. Highway 19 (state Road
#55, ~ 200.00 foot r~ght-o~-way) to the point of Beginning; thence
continue s. a9 degrees 13'12" E., along said line 830.60 feet;
thence le~vin9 said line S. 00 degrees 52'25" W., 825.00 feet to
the so~th line of Taylor and Blanton's Subdivision as recorded in
Plat Book 1, l?age 16, Public Records of H:illsborough County,
Florida, of which pinellas county waS formerly a part; thence along
the boundary of said plat by the fallowing three (3) courses:
1. N. 89 degrees 13'12" W., 130.60 feet;
2. N. 00 degrees 52'25" E., 420.00 feet;
J. N. 89 degrees 13112" W., 700.00 feet;
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to an intersection with the aforementioned right-of-way line of
u.s. Highway 19, thence N. 00 degrees 52125" E., along said line
405.00 feet to the above-m~ntioned point of Beginning. .
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EXH 181T "A':
(Page 2 of 2)
NW Cor. sw 1( NW >'
Sec;l. 20 Twsp. 295 Rng. 16E
(NW Cor. G'tmt. Lol 2)
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(N. Une Gvml L 2)
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Scale 1"-- 200'
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CITY Of Cl,EARWATER, fl-ORIDA
puauc WORKS ADMINISTRATION
ENGINEERING
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ARBOR SHOREUNE '9-m.
OffiCE Cf:N Tl:R ~
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Bu.NKET WATERLINE EASENENT _._
To BE RElE~SEO 7Cl-:a.t'i-'~