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Y.C. AND M.E. FERNANDEZ V' · :>, .. ~ 00 ~ ~ '"'-:tl ...0 ;',~ t- ~"';:ti '1:j~; I..l ~ ~ ......i ,~3 M C:~ k Ii-'\ t~ r,;" ,~'-:'~' '1 CI;J ~').; ~~ ~ C.\~ ::. 00 ~ P.h~ . "0 ~ g~ ~~~ :,...0 (;j~ ~~~ p:~ ~J ,.. Q) I:Q t; Q f.~ ~~ ~:~ 2~ f~ ~ i~~ r~ t~[~U;;1 ~ i7'.c~~. (1) ''''V' 86 U1 r:~ 0...,....., :>, ,s.;Ui:.i -I-' .~r.r:lu ..~ I I D.'1. 3393 PME145 ~,00872i15 Ef:.SE]E,NT FOR AND IN CONSIDERATION of the sum of One Dollar ($1000) cash in hand paid.to them, the receipt of which is hereby acknowledgedj and the benefits to be derived therefrom, Y. C. FERNANDEZ and M. E. FERNANDEZ. his wife, do hereby grant and convey to the CITY OF CLEARWATER 9 FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: A ten foot {l01} Utility Easement over the North, East and South ten feet (101) of Government Lot Two (2), less the Northerly 825 feet thereof and less the Westerly 100 feet thereof in Section 20, Township 29 South, Range 16 East; being more particularly des cribed as: Commencing at the West 1/4 corner of said Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, run thence S 8902910911 E, 100 feet along the East/West centerline of said Section 20 to a point on the Easterly right of way line of U. S. 19 (S. R. 55), said Point also being the Point of Beginning; run thence N 0052125" E, 514.38 feet along said East right of way line; run thence S 89014126" E, 1684.32 feet; run thence S 11031'13" W, 516.66 feet; run thence N 89029109" W, 1588.89 feet along East/West centerline of said Section 20 to the Point of Beginning, and a 20 foot (201) Utility Easement, ten feet (l01) each side of the following described line: Start at the West 1/4 corner of said Section 20, Township 29 South, Range 16 East and run S 89029' 09" E, 1266.02 feet for a Point of Beginning; thence run N 00030151" E to the NQ;rth line of satd .Tract aI1d end of said Utility E(!sement. 'l'n1s easement belng ror utilities ins'tallation and maintenanceo The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct9 install and maintain thereon any utility lines and to inspect and alter such utility lines from time to timeo IN WITNESS WHEREOF, the parties hereto have set hands and seals this ');~ day of Sept'e'iTIber their , 1970 o Signed, sealed and delivered in the presence of: t!(!UuxAA1 -0 Ii!a/fl k-<-.:-, / 7c1~SEAL) , Y. C. Fe ndez ""'\M.. ~. ~.. ~.. .0 _~ "'- -; (SEAL) M. E. Fern~1.dez STATE COUNTY Before me personally appeared Y. C. Fernandez and M. E. Fernandez, .his wIfe, to me well known and known to me to be the individuals described in and who executed the foregoing instrument and acknowledged before me..tha t they.-executed th-e---same-f'~r-.thepurpGSe-sc~tbere-icn--expre s-s-ed~o- ... WITNESS my hand and official seal this ,,~ day AoDo 19 70 0 SfP " 4 11 PH '70 My Commission Expires . r i', Notary Pu~li~; State of Rorida at Large N M.~\" · , My Commission Expires June 2, 197~ HA~bLBl~,"L"'L'~ ".~J ',j OA ,",u to I. ,,,q ;....ERA /;+,::. t... g I . ~,' \..1 ( _ "-----=--=------_.- . ---- ----- ---- .~ :'l'l r-~ r >> '.. <l) r:f)' >>~"'i' .ost- ...,-:l' "d ,-" 00' <l) -<; ~< rl [., (~ to ,~ :",r:!1 M ~::~ . M ~.\...)O~ ~." . . "d rJ? ;~~ r~ .~ ~~~~~i~ ~~H -tif~U~ .8 r.~ ~~ ~ r~" 0 u .?J ~ >. ' .<:: ~-., +' E-<~u ::q ot P I ~,0087216 I AGREEMENT G.R. 3383 PAGE 146 THIS AGREEMENT, made and entered into this 1/4 day of September, A.D. 1970, by and between Y. C. FERNANDEZ and M. E.- FERNANDEZ, his wife, of Tampa, Florida, hereinafter referred to as "Owners ", and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"; WITNESSETH: WHEREAS, the Owners presently own the following described real property situated in Pinellas County, Florida, to wit: Government Lot Two (2l, less the Northerly 825 feet thereof and less the Westerly 100 feet thereof in Section 20, Township 29 South, Range 16 East, being more particularly described as: Commencing at the West 1/4 corner of said Section 20, Town- ship 29 South, Range 16 East, Pinellas County, Florida, run thence S 89029'0911 E, 100.00 feet along the East/West center- line of said Section 20 to a point on the Easterly right of way line of U.S. 19 (S.R. 55)'; said Point also being the Point of Beginning; run thence N 0052'25" E, 514.38 feet along said East right of way line; run thence S 890 14'2611 E, 1684.32 feet; run thence S lP3l'13" W, 516.66 feet; run thence N 89029'09" W, 1588.89 feet along East/West centerline of said Section 20 to the Point of Beginning; and WHEREAS, the Owners are desirous of and have formally petitioned the City to annex said above described property into the corporate limits of the City of Clearwater; and WHEREAS, the City is agreeable to annex said above described property into its corporate limits subj ect to compliance with certain terms and provisions; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable considerations, the Owners and the City hereto covenant and agree as follows: " (- I /, " , / ( /:<' , ---' I I D.~ . 3393pi\t;E 14:7 1. The Owners covenant and agree that at such time as the City determines to proceed with the construction and installation of an access road of not to exceed 24 feet in width to be located over the West 40 feet of the Owners hereinafter described property that the Owners, their successors and assigns will assist and cooperate with the City in all reasonable manner for the City to acquire the necessary right of way and/ or easements for the installation of said access road improvements. 2. The Owners covenant and agree that at such time as the City causes to be constructed or constructs said access road of'^not to exceed 24 feet in width over the West 40 feet of the following described property owned by the Owners: Government Lot Two (2)., less the Northerly 825 feet thereof and less the Westerly 100 feet thereof in Section 20, Township 29 South, Range 16 East, being more particularly described as: Commencing at the West 1/4 corner of said Section 20, Town- ship 29 South, Range 16 East, Pinellas County, Florida; run thence S 89029'09" E, 100.00 feet along the East/West center- line of said Section 20 to a point on the Easterly right of way line of U. S. 19 (S. R. 55', said Point also being the Point of Beginning; run thence N 0052'25'1 E, 514.38 feet along said East right of way line; run thence S 890 14126" E, 1684.32 feet; run thence S 11031'13" W, 516.66 feet; run thence N 89029'09" W, 1588.89 feet along East/West centerline of said Section 20 to the Point of Beginning, that the Owners shall within sixty days from date of completion of said construction pay to the City in full their assessable or pro-rata share based on a per front foot construction cost for the construction of said access road. 3. The Owners further covenant and agree that if within sixty (60) days from the date of the completion of said construction they have not paid in full to the City said costs, the City may file a lien for said costs against the said real property. Said lien shall provide that it may be paid in ten equal annual payments in the office of the City Clerk with interest at the rate of 8% per annum from the date of the lien until paid and in case of default in the payment of said minimum annual payments, together with the interest thereon, that the City may take immediate steps to enforce said lien by foreclosure or other proceedings. Said lien shall also provide that if the City is required to enforce the collection thereof by foreclosure or other legal proceedings, that the Owners shall be responsible for the payment of legal fees and all costs of said proceedings. -2- -, . . . I I OJ; 3303 PAcE148 4. The terms and provisions of this agreement shall be binding upon the heirs, administrators, personal representatives, successors and assigns of the parties he reto and a copy thereof shall be immediately filed in the Public Records of Pinellas County, Florida, by the City so as to serve as notice thereof to all other persons. IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed on the date first above written. Witnesses: ~r~~~ . ~.~r A s to wn r s ""'^-. ~ . ~ ~ -_ ~ - - ~ - '(S~.i\Ll\;; M. E. Fernandez, his~ife".....' ,. !to STATE OF FLORIDA } ). COUNTY OF HILl.SBOROUGH ) I HEREBY CERTIFY. that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Y. C. Fernandez and M. E. Fernandez, his wife, to me known to be the persons described in and who executed the foregoing agreement and acknowledged before me that they executed the same. WITN~.. Y hand and official seal in the County and State said this "k day of September, A. D. 1970. My Commission Expires: Notary Public, State of Florida at large My CDmmission Expires June 2, 1972 -3- . I I STATE OF FLORIDA ) ) COUNTY OF PINELLAS l OoR. 3393Pi~tf 149 I HEREBY CERTIFY, that on this I/~ day of September, A.D. 1970, before me personally appeared G. B. Weimer, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, respectively Acting 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 Agreement and severally acknowledged t?;~:~~~u.hon the reof to be their free act and deed as such officers thereunto ~~lya:dth(j)rized; and that the official seal of said municipal corporation is duly ~~:k~e(Jlthereto, and the said agreement is the act and deed of said corporation. .,'.......', ","c' ,;'. ,.'.' ":..' ~: l . ~~ Notary Public /!!3p/f; ~ . '-- .- :'" " , "-' ' ~':' - -. , ," ,; :'My.Go~inission Expires: , , f f Ii ~~ ffOj.ryPublic, State. 0' Florida at Laf9' ~ . i. My' COmmission ExpireJ Od. 22, 1970 . AooodedJY A-.rica<l fit. " c-.IIy c., -4-