GAS SYSTEM PASCO GATE STATION ACCESS & UTILITY EASEMENT FROM ADAM SMITH
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This instrument was prepared bv
and return to:
ED. Armstrong III, Esq.
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, PA
P. O. Box 1368
" Clearwater, FL 33757-1368
Rcpt: 331757 Rec: 28.50
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JED PITTMAN, PASCO COUNTY CLERK
06/01/99 11:33a. 1 of 6
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ACCESS AND UTILITY EASEMENT
THIS EASEMENT is made on .fl1~ J 7 , 1999, by ADAM SMITH
ENTERPRISES, INC., a Florida corporation (":L\dam Smith"), in favor of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida ("City of
Clearwater").
R E C 1 I A b S:
A. Adam Smith is the owner of the real property located in Pasco County,
Florida, described in Exhibit "A" attached hereto and incorporated herein (the
"Easement Area"). The City of Clearwater is the owner of certain adjacent real property
located in Pasco County, Florida, described in Exhibit "B" attached hereto and
incorporated herein ("City of Clearwater Property").
B. The City of Clearwater has requested and Adam Smith has agreed to
grant to the City of Clearwater, a non-exclusive permanent easement for ingress and
egress, and utilities, over, across, under, through and along the Easement Area.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby covenant and agree as follows:
1 . Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Grant of Permanent Inaress and Egress Easement and Utility Easement
in favor of the City of Clearwater. Adam Smith hereby gives, grants and conveys unto
the City of Clearwater, and its guests and invitees, a non-exclusive, unobstructed
permanent ingress and egress easement, and utility easement, over and across the
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Easement Area. The City of Clearwater agrees to construct, install and maintain any
utilities constructed with the Easement Area at its sole cost and expense.
3. Scope of Easement. The permanent easement granted herein shall run
with the land and shall burden the Easement Area.
4. Indemnification. By acceptance of this Easement, the City of Clearwater
hereby agrees to hold Adam Smith harmless from any damages or liabilities arising
from the construction, installation, and maintenance of utilities within the Easement
Area, and any acts or omissions of the City of Clearwater, or its agents in pursuing the
activities permitted by this Easement Agreement.
5. Attornevs' Fees, Etc. Should any party employ an attorney or attorneys to
enforce any of the provisions hereof, or to protect its interest in any matter arising
hereunder, or to recover damages for the breach hereof, the party prevailing shall be
entitled to recover from the other party all reasonable costs, charges and expenses,
including attorneys' fees, the value of time charged by paralegals and/or other staff
members operating under the supervision of an attorney, and other legal costs,
expended or incurred in connection therewith, before, during and subsequent to any
litigation, including arbitration and appellate proceedings.
6. Notices. Any notice to be given to or served upon any party hereto, in
connection herewith, must be in writing, and may be given by hand delivery, facsimile,
certified mail or guaranteed overnight delivery service, return receipt requested, and
shall be deemed to have been given and received when a certified letter containing
such notice, properly addressed, with postage prepaid, is deposited in the United
States Mail or when delivered into the custody of the overnight delivery service. If given
otherwise than by certified mail or guaranteed overnight delivery service, it shall be
deemed to have been given when delivered to and received by the party to whom it is
addressed. Notices shall be given to the parties hereto at the following addresses:
FOR ADAM SMITH:
FOR THE CITY OF CLEARWATER:
Adam Smith Enterprises, Inc.
. Attention: Lew Friedland
43309 U.S. Highway 19 N.
Tarpon Springs, Florida 34689
Phone: 727-942-2591
Fax: 727-938-3328
City of Clearwater, Florida
Attention: Earl Barrett
Real Estate Services Manager
P. O. Box 4748
Clearwater, Florida 33758-4748
Phone: 727-562-4750
Fax: 727-562-4775
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OR BK -4 1.1 PG 835
________ of ~...____
WITH A COpy TO:
WITH A COPY TO:
E. D. Armstrong III, Esq.
Johnson, Blakely, et al.
P. O. Box 1368
Clearwater, Florida 33757
Phone: 727-461-1818
Fax: 727-441-8617
Phone:
Fax:
Any party hereto may, at any time by giving five (5) days' written notice to the other
party hereto, designate any other address in substitution of the foregoing address to
which notice shall be given and other parties to whom copies of all notices hereunder
shall be sent.
7. General.
a. No Dedication for Public Use. Nothing contained herein shall be
deemed to be a dedication of any area for public use, and all rights and the permanent
easement herein created are private and do not constitute a grant for public use.
b. Effective Date. The permanent easement and covenants created
and imposed by this Easement shall be effective upon the recording of this Easement.
c. Modification or Amendment. This Easement may not be modified
in any respect whatsoever, or rescinded, in whole or in part, except with the written
consent of Adam Smith and the City of Clearwater, or their respective successors, in a
written instrument duly recorded in the Public Records of Pasco County, Florida.
d. Bindinq Effect. The benefits and burdens of this Easement and the
obligations of each covenant set forth in this instrument shall run with the Easement
Area, and shall bind or benefit the owners thereof, and their respective heirs,
successors, successors in title, legal representatives and assigns.
e. Governinq Law. This Easement shall be construed, governed,
interpreted and enforced in accordance with the laws of the State of Florida.
f. Acceptance of Easement. By acceptance of this Easement, the
City of Clearwater agrees to be bound by the terms, covenants, and conditions hereof.
.3.
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IN WITNESS WHEREOF, the undersigned has executed this Easement as of
the day and year first above written.
WITNESSES:
ate: 5/tr/r1
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Print name
Address:
43309 U.S. Highway 19 North
Tarpon Springs, Florida 34689
STATE OF FLORIDA
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COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ day of
/~~, 1999, by LEW FRIEDLAND, as President of ADAM SMITH
ENTER ISES, INC., a Florida corporation, on behalf of said corporation. He JiL
personally known to me] OR [has produced a Florida driver's license as identification].
~~-f)Jk,~J
Notary Public ( .
Print name:
~ IWlH. YN J. INI~!A..S.
~ ~ COMMISSION'" CC 51
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~ :!'t IRES JAN 25, 2L'lOf) "
~OFf\,: ATlANnc BONoeo THRU ..
8ONOfNG cei" IMe
My commission expires:
Exhibit "A" - Easement Area
Exhibit "8" - City of Clearwater Property
5/6/993:16 PM
33008.100650;CLG (d-1)
#185234
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EXHIBIT, A
OR .161 P6
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B37
DESCRIPTION: 15 FOOT WIDE ACCESS & UTILITY EASEMENT:
An access and uti1ity easement lying in Sections 26, 27 and 35,
Township 26 South, Range 16 East, Pasco County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of said Section 27, also being
the Northwest corner of said Section 35, Township 26 South,
Range 16 East, thence along the West boundary of the Northwest
1/4 of said Section 35, South 00 deg. 29'06" West, a distance of
320.00 feet to a point on the North right of way of Mitchell
Boulevard as recorded in Official Records Book 1533 page 1949;
thence continue South 89 deg. 29'38" East along said North right
of way a distance of 113.87 feet to the Point of Beginning;
thence leaving said North right of way; North a distance of
227.11 feet; thence West a distance of 95.11 feet; thence North
09 deg. 42'21" West, a distance of 95.25 feet; thence North 39
deg. 08'44" West, a distance of 87.16 feet; thence North 00 deg.
45'21" East, a distance of 192.37 feet; thence South 89 deg.
14'39" East, a distance of 15.00 feet; thence South 00 deg.
45'21" West, a distance of 186.94 feet; thence South 39 deg.
08'44" East, a distance of 85.66 feet; thence South 09 deg.
42'21" East, a distance of 86.54 feet; thence East a distance of
97.46 feet; thence South, a distance of 80.55 feet; thence East,
a distance of 15.00 feet; thence South, a distance of 15.00
feet; thence West a distance of 15.00 feet; thence Sou~h a
distance of 146.69 feet; thence North 89 deg. 29'38" West, a
distance of 15.00 feet to the Point of Beginning.
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EXHIBIT b
DESCRIPTION: 100 FOOT X 100 FOOT FEE PARCEL:
A parcel of land lying in Section 27, Township 26 South, Range
16 East, Pasco County, Florida being more particularly described
as follows:
Commence at the Southeast corner of Section 27, also being the
Northwest corner of Section 35, Township 26 South, Range 16
East, thence along the East boundary of the Southeast 1/4 of said
Section 27, North 00 deg. 45' 2111 East, a distance of 259.25
feet; thence North 89 deg..14'3911 West, a distance of 55.91 feet
to the Point of Beginning; thence continue North 89 deg. 14'390
West, a distance of 100.00 feet; thence South 00 deg. 45'210
West a distance of 100.00 feet; thence South 89 deg. 14'390
East, a distance of 100.00 feet; thence North 00 deg. 45'210
East, a distance of 100.00 feet to the Point of Beginning.