PINELLAS COUNTY
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EASEMENT AG REEMENT zi
THIS EASEMENT AGREEMENT made this ,;:(0- day of September, 1988,
by and between PINELLAS COUNTY, FLORIDA, a political subdivision of the State of
Florida (hereinafter referred to as "Grantor"), and the CITY OF CLEARWATER,
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P..EC -4 FLORIDA, a municipal corporation (hereinafter referred to as "Grantee");
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THAT THE GRANTOR, for and in consideration of Ten and 00/100 Dollars
($10.00) and other good and valuable consideration, the receipt of which is hereby
;-w.:2i,4:: acknowledged, does hereby grant, bargain, sell and convey to Grantee, its successors
/1 and assigns, a perpetual non-exclusive easement for the purpose of installing,
operating, maintaining, repairing and replacing sanitary sewer utilities over, under and
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upon certain property located in Pinellas County, Florida, said property being more
particularly described in Exhibit A, attached hereto and made a part hereof
(hereinafter referred to as "Easement Premises").
TO HAVE AND TO HOLD said non-exclusive easement unto said Grantee
forever, subject to the following conditions:
1. Grantee shall have the right of ingress and egress over and upon the
Easement Premises at all times for the purpose of installing, constructing, operating,
inspecting, maintaining and repairing its sanitary sewer facilities. The Grantee shall
have the right to clear and keep clear the Easement Premises of all trees, undergrowth
or other obstructions which might interfere with the use of the easement.
2. The grant of this easement shall in no way restrict the right and interest of
the Grantor in the use, maintenance and quiet enjoyment of the Easement Premises to
the extent that such use does not interfere with the rights granted herein.
3. The Grantee shall defend, indemnify and hold harmless the Grantor from
and' against all claims, damages, losses and expenses, including attorney's fees, arising
out of or resulting from the,use by the Grantee of the easement granted herein. With
respect to any person not a party to this Easement Agreement, this paragraph shall not
be construed as a waiver of any defense or limitation available to the Grantee or to
the Grantor pursuant to Section 768.28, Florida Statutes, as now in effect or as may be
amended from time to time.
4. At all times during the term of this easement, the Grantee shall maintain
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all structures, improvements, facilities, pipes, lines, and related equipment 10catedfJ
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installed or constructed within the Easement Premises, in a safe and serviceablEP
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condition.
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. 5. If the Grantee shall at any time abandon or cease using the Easement
. Premises for the purposes contained herein, this easement shall terminate and revert
to the Grantor.
6. Upon termination of this easement for any reason, the Grantee shall, at the
request of Grantor and at the expense of Grantee, restore the Easemen.t Premises to '
the condition that existed at the time of the granting of the easement.
IN WITNESS WHEREOF, the parties hereto have signed this Easement
Agreement as of the day and year first above written.
A TTEST:KARLEEN F. De BLAKER, CLERK
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PINEL LAS COUNTY, FLORIDA, Grantor,
by and through its Board of
County Co issi ners
By:
CITY OF CLEARWATER, FLORIDA (Grantee)
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Approved as to form
and correctness:
Attest:
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CIty Attorne
STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME personally appeared John Chesnut, Jr.\,\ and
G. K. West , to me well known, arid known to be the
individuals described in and who executed the foregoing instrument as Chairman of the
Board of County Commissioners and Clerk, respectively, of the above-named County
and that the,seal affixed to the foregoing instrument is the County seal of said County
and thE:!,~~i,.'instrument is the free act and deed of said County.
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":mr:rN?)$$.,m~,~and and official seal this 20th
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E(f?AS TO fORM
APPROV >UNTl' ATTOR~~EY
OFFICE~~_~.
By .JC"" ~ Attorney
day of September, 1988.
My Commission Expires:
Notary Public, State of Aorida
My Commission Expires March 28, 1991
B::-nd~d T~ru Troy ~'d:n Ir"uranc€' tnc.
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STA.TE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun, M. A. Galbraith,
Jr., and Cynthia E. Goudeau, to me well known, and known to be the individuals
described in and who executed the foregoing instrument as Mayor-Commissioner, City
Manager, City Attorney, and City Clerk, respectively, of the above-named City and
that the s~al affixed to the foregoing instrument is the City seal of said City and the
said in~,trument is the free act and deed of said City.
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',>wJTNESS my hand and official sea.l this [f...;;tL day of September, 1988.
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~ My Commission Expires: "r (Cimm[;i:J!I 'J.'i1112~, 1911%
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LEGAL DESCRlPTION:
The East 10' of the following described tract:
From the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section
24, Township 29 South, Range 15 East run thence South 00 08' 48" West, al')rg
the 40 acre line, 532.18 feet for a Point of Beginning; thence along a curve to
the left whose chord bears South 770 25' 40" West, 102.69 feet, arc is 103.64
feet and radius is 220.00 feet; thence along a curve to the left whose chord
bears South 420 07' 50" West, 14.86 feet, arc is 15.22 feet and radius is 20.00
feet; thence along a curve to the left whose chord bears South 100 37' 26"
West, 141.69 feet, arc is 142.38 feet and radius is 420.28 feet to a point on
the North line of the sanitary sewer easement recorded in O.R. Book 5382, Pages
1386 and 1387 of the Public Records of Pinellas County, Florida; thence run
South 890 04' 52" East, along said North line, 135.89 feet; thence run North
000 08' 48" East, 174.82 feet to the Point of Beginning.
EXHIBIT A