LANDMARK OF PINELLAS COUNTY INCORPORATED
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a.R.5 1 38 PAGE
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lot _J..3.-CtJ~ WATER, SEWER, DRAINAGE AND UTILITY EASEMENT
81009587
THIS EASEMENT made this 14th day of October , 1980,
between LANDMARK DEVELOPMENT CORP. OF PINELLAS COUNTY, INC., a Florida
corporation, its successors and assigns, and ~.R.G. PROPERTIES, INC.,
a Florida corporation, its successors and assJgns, 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:
THAT for and in consideration of the mutual benefits, cove-
nants 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;
s~id drainage easement and facilities being located in the following
described "easement area" within Grantor's premises in Pinellas County,
Florida, to-wit:
See Exhibit "A" attached hereto and incorporated herein
by reference.
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 necessary 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, struc-
tures or obstacles (except fences and paving) shall be located, con-
structed, excavated or created within the easement area.
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.
Grantor covenants not to unreasonably interfere with the
operation of the business on the Grantor's premises during the instal-
lation, operation and maintenance of the facilities and further
covenants to restore the easement area to its previous condition after
the installation, maintenance or repair of such facilities, as rea-
sonably as possible.
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a.R. 5 1 38 PAGE 4 58
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, subject to that certain easement granted
by Roy J. McCutcheon and Janice McCutcheon, his wife, to U.S. Home
Corporation, dated September 7, 1979, recorded in O.R. Book 4912 at
page 1021, Public Records of Pinellas County, Florida.
All covenants, terms, provisions and conditions herein con-
tained shall inure and extend to and be obligatory upon the successors,
lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed this 14th day of October 1980.
WitnE!sseS:
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Witnfi'sg e s':
Approved as to form and
correctness:
LANDMARK DEVELOPMENT CORP. OF
PINELLAS COUNTY, INC., a Florida
tion
J.R.G. PROPERTIES, INC., a Florida
corporation
"Grantor"
CITY OF CLEARWATER, FLORIDA, a
mun ic ip..al corpora,t ioh,
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0.R.5 1 38 PAGE 459
,
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally
appeared JAMES A. CONNELL and ,1. 'R 'RAT.nWTN
to me well known and known to me to be the individuals described in and
who executed the foregoing instrument as President and Secretary
respectively of LANDMARK DEVELOPMENT CORP. OF PINELLAS COUNTY, INC., a
Florida corporation, and they severally acknowledged 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 in-
strument 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.
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my officia~N s:~~N~~~s 71/lE da~ ~~V~%?m s~~8~: hand aRcl,~f~f{~ed
STATE OF FLORIDA
My Commission Expires:
t':i'_~'-:;'c~y ~;tit:! ni ne,;:,-b tt r~~~a
My Ct;:';I':,[:;~i':;il b;;:r;cs 5:;1':. D, l1al
Bonc,ed DY ArnCI"L:s,J1 Fifo 8. Casl.:ulty Com;:any;
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally
appeared JOSEPH W. GAYNOR and DAVID L. ROBBINS
to me well known and known to me to be the individuals described ~p
and who executed the foregoing instrument as President and Secretary
respectively of J.R.G. PROPERTIES, INC., a Florida corporation, and
they severally acknowledged 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 WHE~, I h~h.ye~to set my hand and affixed
my official seal this /4LL)day o~.l)dLle/l, 1980.
>~ .~,~ Cil"'~:":iY (.;:n~;":ijnr,
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
, c.rh-
\ I HEREBY CERTIFY, that on this /;2 day of __Ci
A.D., 1986, before me personally appeared Anthony L. Shbemake Thomas
A. Bustin, Lucille Williams and Charles F. LeCher, resp ctively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City
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460
U.R.t 1 38 PA6E
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.
My Commission Expires:
WITNESS my signature and official seal at
County of Pinellas and State of Florida, the day and
written.
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Notary Pub~c, St&fe of RorirIll zt t1;r.t
My Commi!!i~n ["":ras Od :,' "",3"
kn~lild d "0 'r- .:~C""'."... . ...1, LO il
'1, r\1l,tnJ..ar. ,Ira, &_ ....{~su~lty Cornp.:'lnt
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EXHIBIT "A"
A 10 foot drainage and utility eas ement acroS s the
North 10 feet and acros's the Southerly 10 feet of the
following described tract:
The S 1/4 of the NW 1/4 of the NW 1/4 of Section 21,
Township 28 South, Range 16 East; less that part of
said tract beginning at its SE corner and running thence
North along its East boundary, 90 feet; thence West
parallel to the South boundary of said tract, 260 feet;
thence Southwesterly in a straight line to a point in said
South boundary which is 374 feet along said boundary from
the P. O. B. ; and thence East along said South boundarv to
the P. O. B.
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