RUTENBERG COMMUNITIES INCORPORATED (3)
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IRIGHT-OF-WAY EASEMENT
- 83026687
by Rutenberg Communities In~,
the City of Clearwater, a
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J).J.5:473 PAGE1390
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This is a grant of easement made
a Florida Corporation ("Grantor"), to
Florida municipality ("Grantee").
Grantor does hereby grant unto Grantee, and its successors and
assigns a non-exclusive easement in gross (the "Easement") over the
land described in Exhibit A attached hereto and incorporated herein
(the "Easement Area") for right of way and utility purposes. This
grant is sUbject to all encumbrances, assessments and restrictions
. of record.
Grantor reserves and Grantee acknowledges the unrestricted right
of Grantor and its successors or assigns during the term of this
Easement to use the Easement Area for the purpose of paving, construc-
ting, using, maintaining and altering vehicular and pede~trian access
roads and sidewalks, parking,landscaping, drainage and retention,
signage and the provision of utilities and to assign such rights to
other~rsons or entities provided that in the event that Grantee elects
to exercise its rights hereunder, Grantor's uses shall not unreasonably
~ interfere with the rights of Grantee hereunder and provided further
~ that Grantor may continue to use only that portion of the Easement
~Area which Grantee elects not to use for right of way or utility
'''u :~i ...; purposes.
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Ft ~;. r:..:. In the event that Grantee elects to exercise its rights under this
~ u 0. ~. Easement, Grantee covenants to exercise its rights in such a manner as
~ ~ ~~; to minimize disturbance of Grantor's use of the. portion of the Easement
W ~ (;.)~. Area not used by Grantee and use of areas abutt1ng the Easement Area.
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.' ~~Upon construction by Grantee of improvements upon the Easement Area,
<Grantee shall continuously repair and maintain in good order at its
~sole expense that portion of the Easement Area which it has elected
Oto use and improvements constructed by Grantee thereon. It is express-
ly agreed that Grantor shall have no responsibility under this Easement
for improving or maintaining any improvements constructed ,on the Ease-
ment Area by Grantee nor any other liability or responsibility to
Grantee, its successors or assigns or others who make use of such improve-
ments.
Grantee may assign its rights under this Easement to the County of
Pinellas, a political subdivision of the State of Florida, or to other
government agencies with jurisdiction over McMullen-Booth Road.
The rights and obligations of this Easement shall inure to the
benefit of and be binding upon the parties hereto and their respective
successors and assigns and the covenants herein shall be deemed to be
covenants running with the larid.
;,,'('~Iir'W'IT;NESS WHEREOF Grantor has executed
3::_s" oi,th.eda::1;e above given:
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this Easement effective
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RUTENBERG COMMUNITIES INC.
WITNESS:
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Documentary Tax Pd. $...... ~. .~. . . .
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KarleenF. DF pi. i'nl'.. Cir.1 'j"llas County
By, . . .. .. . .. . , .. .. .. .. ... Deputy Clerk
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JJ_!.J~ 5473 PAGE1391
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STATE OF ~
COUNTY"O,F A~ (7.-/ /A"J~
.
Before me, the undersigned authority, this day personally appeared
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to me well kno and known 0 me to be the ndividuals described in
and who executed the foregoing instrument a~.-zJ~ President
and '. Secretary respectively, of the Corporation
named in the foregoing instrument, and they severally acknowledged to
and before me that they executed said instrument on behalf of and in
the n~me 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 WHEREOF I have hereunto set my hand and affixed my
official seal this a..:3/Y> day of -b.A'~.-.-..-I..ALA:- ,A ~D.l,94~.
?)/J_hA~' d~~.
Notary Pu15 ic . ..-,
My Commission Expires:
i.'~ot'Jry Public, State O. fF'Do~dalj;t L.l~~5
.. ..... mmics;on EXQ1res ~c. ,
~'i'ly 'I..J'O. I~" I (0 i-v,.,;' ;;e Cr>mD?:'v of illTCflca
gWlc,.'d 0'1 "ME.. ,,,,,
EXHIBIT "A"
Fro~ toe NE corner of the W 1/2 of the SW 1/4 of Section 28,
Township 28 South, Range 15 East, go S 00.13' 17" W, along the
Centerl10e of Mc.MulleI1 Booth Road, 30.00 Feet; Thence N 89.38' 19"
West 50.00 Feet. to the intersection of tbe South Right-af-Way
Line of Allen Avenue and t~e West Right-oi-Way line of McMullen
Sooth Road, said intersection ~ei~g the Point of 3eginning;
thence S 00. 13' 17" West, along said iiest right-of-o;o'ay line
of ~lcM,"llen 300th Road, 1573.33 Feet to a Point on the North Ri;;ht-
of Way line of Eastland Boulevard; Thence N 89.30' 48" West,
along said North Right-of-~ay line of Eastland Boulevard, 75.12 feet;
T~ence along tne Arc of a C~~ to :be Left, Radius 2S.00 feet,
C.hord Searing ~ 4S. 21' 14" East, Chord 35.43 Feet, Arc 39.39 Feet,
to a ?oint of Tangency; The:::lce ~ 00. 13"17" E::tst ,';lo~o; a line
?-arallel to and SO.OO Feet fro: said ;;est line or '-::!c~!;Jllen-30ot::J.
Road, lS23.17 Feet to a Point of C~va:ure; Thence along the
Arc
of a Curve to the Left, Radius 25.00 Feet, ClJord Searing ~
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31" West, C:::ord 35.31 Feet, Arc 39.21 Feet, to a ?oiot Oel said
South FU!;n ,-of-iiay Line of Allen Avenue; :'hence S 59. 39' 19" ~ast,
along said South Right-ot-Way Line of Allen Avenue, 74.94 Feet,
to t::J.e ?oi~t of 6~giQaiQg,
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,ALLEN u
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R= 25.00'
CB = N 44042'31"W
C= 35.3"
A= 39.21'
50' Raw EASEMENT
EASTLAND
R = 25,00'
C8= N45021'14"E
C= 35.43'
A= 39.39'
BLVD.
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N B9030'4B"W
75,12"
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NE Cor. of W 1/2 of
SW 1/4 of See 28-28-16
S 00013' 17" W 30.00'
N 89038' 19" W 50.00'
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