U.S. HOME CORPORATION (5)
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EASEMENT AGREEMENT
G,H. 5271 P"GE 2109
THIS EASEMENT AGREE~m~T is made this 15 day of
Oc-tQbE'r
, 1981, by and between U. S. HOYili CORPORATION, a
Delaware corporation ("U. S. Home") and the City of Clearwater,
a Florida municipal corporation, whose mailing address is 112
South Osceola Avenue, Clearwater, Florida 33516 ("City").
WIT N E SSE T H :
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WHEREAS, U. S. Home has previously conveyed to the
',3 tJO-Hf City that certain real property described in the Special
Warranty Deed dated May 5, 1978, recorded in O. R. Book 4705,
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at Page 2193, of the Public Recotds of Pinellas County, Florida,
for use as a park and recreation area (such property being
hereinafter referred to as the "Park"); and
WHEREAS, U. S. Home has previously granted to City
a certain easement for access over the property described in
the Easement Agreement dated May 5, 1978, as recorded in O. R.
Book 4709, at Page 1155, of the Public Records of Pinellas
County, Florida (such property being referred to hereinafter
as the '''Existing Easement"); and
WHEREAS, City has requested U. S. Home to grant a
temporary easement, and U. S. Home has agreed to grant the
same to City, upon the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the premises and
for other good and valuable consideration, the receipt and ade-
quacy of which are hereby acknowledged, the parties hereto,
intending to be legally bound, hereby agree as follows:
1. U. S. Home hereby grants to the City, its suc-
cessors and assigns, for the use and benefit of the public, a
non-exclusive easement for ingress and egress over the property
described in Exhibit "An attached hereto and hereby made a part
hereof. The easement granted herein shall automatically ter-
minate upon construction and dedication of a permanent access
road to the Park, without the necessity of recording any other
instrument.
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Q,R. 5 2 71 PAGE 211 0
2. The temporary easement granted herein shall not
affect the terms and conditions of the Existing Easement,
except as specifically set forth herein.
3. City shall maintain the temporary road to be
built upon the property described in Exhibit "A" at all times
subsequent hereto.
4. U. S. Home reserves the right to interrupt and/
or impede access to the Park over the property described in
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Exhibit "A" or over the Existing Easement during construction of
a perman~Dt access road as described in paragraph 1 above. In no
event shall U. S. Horne be liable to any person or entity including
without limitation the City, due to necessary interruptions of
access during said construction period.
5. By acceptance of this Easement, the City, its
successors and assigns, hereby agrees to indemnify and hold
harmless U. S. Home, its successors and assigns, from any
loss, liability, cost or expense of any nature whatsoever,
including claims for loss of life, personal injury or property
damage.. and including attorney's fees incurred by U. S. Home
on appeal or otherwise, arising, resulting or relating in any
way from or to the exercise by the public, or any person, of
the rights granted by U. S. Home under paragraph 1 above.
6. This instrument shall be binding on and shall
inure to the benefit of the parties hereto, and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this instrument on the day and year first above written.
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U. S. HOME CORPORATION, a
Delaware corporation
By: t2L_--h~~
Senior Division Vice President
(Corporate Seal)
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CIT~;ep:, CLEAEW.?\T.E~, FLORIDA
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State of Florida
0, R. 5 2 7 1 PAGE 2 111
~ounty of Pinellas
The foregoing instrument was acknowledged before me
this d day Of({JC~,,-- , by :::26.tuJ G,lt~k :t:r
a~.L-~/)u;'/U';'L.>t{;/~. of U. S. Home Corporation, a D:laware
corporation.
My commission expires:
Notarv Public State of FbTldll
My CommissiJn Ex"ircs Sept. 28, 1985
iondeq rilllJ lr())' r"*i'l" Im'~lan(,li~ Inc.
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State of Florida )
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County of Pine lIas >.
The foregoing instrument was acknowledged before me
this 12th day of November, 1981, by Anthony L. Shoemaker
as
Ci ty_Mana.ger
of the City of Clearwater, Floriq~.
My comm~ssion expires:
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Notary Public '0';~
NGt~ry fUbifrc St,~~c e:-f ~-'~:~;i':~:a
My (C::,l,'f,;;l;J;i E!.::,:;e;; ./.-::::19, 1985
~cnoed Thru TI(JY f~ill :: i"i~L:"',!l'=<:l1 Inc.
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, lEGAL DESCRIPTION
I
EXHIBIT "A"
I O.R, 5271 PAGE 2 i 12
An easement, 50 feet ln width, over a tract of land lying in Section 29,
Township 28 South, Range 16 East, Pinellas County, Florida, the centerline
of which, is more particularly described as follows:
Commence at the Northwest corner of said Section 29; thence N 89045134" E along
the North line of said Section 29, for 208.00 feet; thenc~ S.0002I06" Walong
the East 1 i ne of a 208.00 foot wi de Fl ori da Power Corporat i,on ri ght-of-way, for
190.06 feet; thence S 89057'54" E, for 625.00 feet, to the Northwest corner 'of
the proposed plat of PEBBLE LAKE CONDOMINIUM; thence S 0002' 06" W along the
West line of said proposed pl~t, for 1481.63 feet, to the POINT OF BEGINNING,
the western limits of said easement being the West line of said proposed plat,
having a bearing of S 0002'06" W, said POINT OF BEGINNING being the inter-
section with the arc of a curve concave to the Northeast having a radial
bearing of S 38054117" W; thence southeasterly along the arc of a curve having
a radius of 617.00 feet and a central angle of 38028'31", for 414.33 feet,
to the poi nt of reverse curvature of a curve concave to the South; thence'
easterly along the arc of said curve having a radius of 1200.00 feet and a
central angle of 17034115", for 368.00 feet, to a point of tangency; thence
S 72000 100" E, for 20.00 feet, to the POINT OF TERMINATION._-
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(For reference only: Temporary Easement for temporary roadway to Tract 20A Park)
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