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RUTENBERG CONSTRUCTION COMPANY INCORPORATED - -- - -= =',~~- )~ I, I 6~ri!58If EASEMENT HereUleS-l'el1ue wa.te~:L~:: OR, 10 It) PAGE289 FOR AND IN CONSIDERA TION of the sum of One Dollar ($1. 00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, RUTENBERG CONSTRUCTION CO. I INC. I a Florida corporation, does hereby grant and convey to the CITY OF CLEARWATER. 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 strip of land six feet in width lying three feet on each side (measured at right angles) of the following described centerline: From the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 24, ,TGwnship 29 South, Range 15 East as a Point of Beginning, run S. 880 42' 56" E., along the centerline of Nursery Road (CR 115) 209.44 feet; run thence N. 10 17' 04" E. 290 feet; thence run N. 880 42' 56" W., 60. 59 feet; thence N. 440 IP 51" W., 40.92 feet; thence run N. 00 19' 15" E., along a line 125 feet easterly of the said north-south centerline to a point on the north line of the Southwest 1/4 of the Northeast 1/4 of Section 24. ~ gE ,.. ~-' ~_.- ~~:' :l;1" 3: :no -< '-C ...ta.. o '" -0 :::I: '::-- i~F--' P1""1 ;:l:>r-' :Xl" .. c::n l:.A,) This easement being for utility installation and maintenance. The CITY OF CLEAR WATER. FLORIDA. shall have the right to enter upon the above described premises and to construct, install and maintain thereon any utilities and to inspect and alter such utilities from time to time. IN WITNESS WHEREOF, the party hereto has set its hand and seal this 17th day of April , 1963. Signed, sealed and delivered in the presence of: RUTENBERG CONSTRUCTION CO~. INC. ~ d-J/~ \'~;;)J '~ ,.c'. "'./ ~~ I ,::/ '~. .' .'. - '.~.'."""..'."."...':"-......~."~... .,',.,._-..... t/. .... .---. ,_', .'.-,>t-::{/~or.;;~_ '. _..'~ ,__ ~~,6,~;p~rate S~~ " /':::' ,\:' ~: ~---. -,'-, - -~ . -~tAT~.'~f FL9RIDA ) , ;~ji:. " ) G~';[Y~RE PINELLAS ) By ATTEST: Its ~J,~~ Assistant Secretary ~ ' Before me, the undersigned authority, this day personally appeared Charles Rutenberg and Blanche T. Lorence to me well known and known to me to be the individuals described in and who executed the foregoing instrument as Vice President and Assistant Secretary ,respectively, oLthe Corporation named in theforegoing_ID.strllment, and. they_ severa.lly acknowledged to and b&f-ore me-tbat they ~ated said il::I..strumenton 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 W.HEREgf I ~avehereunto. set, rp.yha.. ~d and affixed my official seal this /'lfl day of U~ . '.' " A~D., 19'63. ;}' . . . ,"" " My Commission expires: ~':v$ ~. ............. ".' /.'~;'...'.'~"'..'..... ,~....NotarY~b1iC I . , , ,.' " ". , " , ,'''. . " - . -. ~ {:} tY~/l~ I?~~' /1- O.Ab ~ 9 ! ',' ,...,< 11 " J AGREEMENT I This Agreement entered into the I~ay of fd. ,1963, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter called "CITY", and J~ Rutenberg Construction Co., Inc., hereinafter called "OWNER", WITNESSETH: In consideration of the mutual covenants and promises hereinafter set forth and the mutual benefits and obligations running between parties hereto as hereinafter set forth, and for other good and valuable considerations, the parties hereto enter into the following agreement: 1. Attached hereto as ExhibitB is an easement for Clearwater East Interceptor through the subject tract. Said easement is given by Owner without compensation, but with the under- standing that (1) said interceptor will be built to the lines and grades proposed by Briley Wild and Associates, Engineer for the City, and approved by Johnson and Albrecht, Engineer for the Owner; sufficient to take sewage from the entire one hundred acre tract owned by Owner; (2) the City will construct the necessary manholes, stubs and appurtenances along said align- ment to receive sewerage from Owners' collection system; (3) Owner may construct a fractional sanitary sewage collection system or offsite transmission system (for any unit or phase) and con- struct such of his collection system as required to deliver said sewage collected to the align- ment of the Clearwater East Interceptor. That if said collection system is constructed in accordance with City specifications that it wi II be accepted by the City of Clearwater for main- tenance and sewage collected therein will be the responsibility of the City. That the Owner will not be responsible for pumping lines or manholes or responsible for the construction of a temporary sewage treatment plant or faci I ity. 2. Owner agrees to dedicate the residential extension of Hercules Avenue (C. R. #34) through the I imits of the subject tract thereby providing needed right-of-way for water transmission, Clearwater East sanitary sewerage transmission interceptor and an alignment for a neighborhood collector street. Owner shall be responsible for construction of that portion of Hercules Avenue directly abutting platted residential lots within subject tract. City will sponsor construction of the intermediate link between the southerly limits of the presently existing pavement and the northerly limits of the Rutenberg residential lots over the existing City Utilities right-of-way for the Clearwater East Interceptor and the City Water Transmission Booster line. /t+.... O:2~ . ~ . . "IV I I ~ -2- City will construct said connector and its appurtenances over this City Utilities right-of- way as a City improvement without assessment to adjacent properties, said construction to be com- pleted as soon as possible. Owner will provide dirt for fill for the construction of this link and load same on city trucks at any time during the development phase of the single family residential portion of owner's property. Owner will provide fill in such a manner on one week's written notice and load continuously for any period agreed upon for any substantial phase of construction. 3. The Pinellas County School Board will be deeded a twenty foot (201) right-of-way from owner's tract to the Oak Grove School tract, if they wish to accept it, with a reverter clause that if the School Board has not completed necessary sidewalk and bridging from the Rutenberg sidewalk within one year from date of platting of that unit the land as deeded will revert to Rutenberg. 4. The City will obtain the necessary easements and install City water transmission mains through the subject tract. Construction of said main shall be undertaken not later than May 1 st and completed not later than May 1Sth, 1963. Should construction of Owner's model homes be advanced to the point of requiring city plumbing pressure tests prior to the date city water may be avai lable for these tests an alternate method of pressure testing by hand pump will be acceptable to the City Plumbing Department. S.City agrees hereby to maintain its specifications, requirements and standards as constant throughout the development of all units of Imperial Park. These standards shall include all phases of construction (i .e. , Water Distribution System, Sanitary Sewerage Collection System, Drainage and Subdrainage, Earthwork, Clearing and Paving, Sidewalks and Street Lights). Engineer for developer may submit within one month of the execution of these presents a master plan for all of the above systems. Once approved these plans shall be followed throughout subse- quent development and shall not be subject to change, unless developer fails to file a plat for a period exceeding eighteen months. 6. Owner may for three hundred and sixty (360) days, without further issuance of permit, clear and burn from that portion of the subject tract lying easterly of the Allen's Creek. Owner shall exercise normal care and shall do said clearing under proper supervision and with proper equipmentwith notice to City Fire Marshall. 7. Attached hereto is Exhibit C, a Master Plan for the street lot layout, plot size and appropriate zoning for the subject tract. This tract has been reviewed and approved by the appropriate City Agencies and is hereby approved by the City Commissioners for the street and lot layout and zoning shown thereon. Deviation from this plan which shows substantial conformity to it, but which is necessary for engineering reasons and approved by the City Engineer wi II in no ~~ -'I >;. "'!' llI..."'I ~ I :t.."'" ~ way i nva I i date th is app rova I. Dated at Clearwater, Florida, this Witnesses to all parties: /3;7 ~ ~. JiLt, I -3- 17..#daYOfF-,1963. CITY OF CLEARWATER, FLORIDA a Municipal Corporation b APPR ED AS TO FORM AND ,CORRECT NESS by: ' '-1~~ .,,~--~ RUTENBERG7CONSTRUCTION/e~,:~c~ -. --_'. CO /) (~.~ by' ~c/'/. ~... ',... ,., ... ..-' -.'