RUTENBERG CORPORATION
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EASEMENT
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O,R. ~ 81 7 PAGE 2132
This is a grant of easement made by Rutenberg Corporation, a Florida Corporation
("Grantor"), to the City of Clearwater, a 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 util ity 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, constructing, using, maintaining and altering vehicular and pedestrian
access roads and sidewalks, parking, landscaping, drainage and retention, signage and the
provision of util ities and to assign'such rights to other persons 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 util ity purposes.
In the event that Grantee elects to exercise its rights under this Easement, Grantee
c~enants to exercise its rights in such a manner as to minimize disturbance of Grantor's
u~ of the portion of the Easement Area not used by Grantee and use of areas abutting the
E~ement Area. Upon construction by Grantee of improvements upon the Easement Area, Grantee
~hall continuously repair and maintain in good order at its sole expense that portion of the
5~~4lement Area which it has elected to use and improvements constructed by Grantee thereon.
~~~~is expressly agreed that Grantor shall have no responsibility under this Easement for
~dQi~rOVing or maintaining any improvements constructed on the Easement Area by Grantee nor
~~~ other 1 iability or responsibility to Grantee, its successors or assigns or others who
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r\J.l ~ (Q\a1<e use of such improvements.
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~ It is further agreed that upon petition by Grantor in the event Grantee or its successors
a~ assigns no longer wish to use all or a portion of the Easement Area, Grantee or its
suecessors or assigns may vacate this Easement pursuant to the procedures set forth in Section
255.22 of the Florida Statutes.
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~ ~ Grantee may assign its rights under this Easement to the County of Pinellas, a political
-:; ~ubdivision of the State of Florida, or to other government agencies witll:"jurisdiction over
,.~ ~~ullen-Booth Road.
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~ ~3 IN WITNESS WHEREOF Grantor has executed this Easement
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rights and obligations of this Easement shall inure to the benefit of and be binding
parties hereto and their respective successors and assigns and the covenants herein
deemed to be covenants running with the land. '
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STATE OF FLORIDA
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PINELLAS COUNTY
The foregoing instrument was acknowledged before me this~ day of.~ ..c'~
by Peter Monroe as Vice President andT.Lane Showalter as Assistant Secretary of.t,e,
Corporation. .-;',Gi'.
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r ~ OR. ~ 81 7 PAGE 2133
Conunence at the Southwest corner of Section 28,1'0wnship 28S, Range
16E, and go S 890 30' 48" E, 378.82' along the South boundary of
said Section 28 (centerline of CR 102); thence N 00013' 05"E,
50.00', to a point on the North right of way line of C.R. 102; thence
S 890 30' ,48" E along said North right of way line, 828.74' to the
point of beginningr thence leaving said North right of way line run
along the arc of a curve to the left having a radius of 25.00', a
chord bearing N 450 21' 08" E, a chord length of 35.44', and a
central angle of 900 16' 07", for 39.39' to a point on a line lying
100' West of and parallel to the centerline of McMullen-Booth Road,
(S.R. 593); thence run N 000 13' OS" E along said line, 9l3.88'~
thence leaving said line run along the arc of a curve to the left
having a radius of 25.00', a chord bearing N 440 38' 51" W, a chord
length of 35.27' and a central angle of 890 43' 53", for 39.15'
to a point on the South right of way line of Eastland Boulevard
as shown on the Platof Northwood Estates - Tract "c" as recorded
in Plat Book 75,pages 65 and 66 of the Public Reco~s of Pinellas
County, Fla.; ,thence run S 890 30' 48" E along said South right of
way line,' 74.88' to a point on the West ri~ht of way line of
McMullen-Booth Road, (S.R. 593), said West right of way line lying
50.00' West of and parallel to the centerline of McMullen-Booth Road;
thence run S 00013' OS" W along said West right of way line of
McMullen-Booth Road, 963.88' to a point on the North right of way
line of C.R. 102; thence run N 890 30' 48" ~i along said North right
of way line of C.R. 102, 75..12' to the Point of Beginning.
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