W & Z PROPERTIES LIMITED
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99-111342 APR- 6-1999 ~I: 25PM
PINELLAS CO 8K 10488 P~ 493
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Prepared by " return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
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WATER MAIN EASEMENT
~ 1. FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
~\(and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,
W & Z PROPERTIES, LTD.,
an Ohio limited partnership
34555 Chagrin Boulevard
Moreland Hills, Ohio 44022
("Grantor") does hereby grant and convey an easement unto the CITY OF
CLEARWATER, FLORIDA, a municipal corporation ("Grantee") an easement over,
under and across the property of Grantor in the City of Clearwater, Pinellas
County, Florida, more particularly described as follows (the "Easement
Area"), for the purpose of providing water services to Grantor's property
and/or the property adjoining on the south:
A 10 FEET WIDE WATER MAIN EASEMENT, 5 FEET IN WIDTH ON EACH SIDE OF
THE FOLLOWING DESCRIBED LINE:
Commence at the center of Section 30, Township 28 South, Range 16
East, Pinellas County, Florida; thence South 00012'15" East, 50.00
feet along the center line of U. S. Highway 19 to the south right-
of-way line of State Road 580; thence North 89055'13" West, 896.89
feet, along the south right-of-way line of State Road 580, to the
east line of Dunedin Industrial Park, as shown on the plat recorded
in Plat Book 84, Page 76, Public Records of Pinellas County, Florida;
thence along east line of said Dunedin Industrial Park, South 00004'
47" West, 581.00 feet; thence South 89055'13" East, 458.75 feet, for
a POINT OF BEGINNING; thence North 00004'47" East, 10.00 feet; thence
north 89055'13" West, 114.89 feet, to the POINT OF TERMINUS as
described and depicted ih EXHIBIT "A" attached hereto.
2. In connection with such easement, Grantee shall have the right, at
Grantee's sole cost and expense, to construct and install such underground
pipes, junction box, manhole or other underground installation wi thin the
Easement Area as Grantee in its reasonable discretion deems appropriate.
Grantor acknowledges that the improvements to be constructed by Grantee
wi thin the Easement Area may be part of a larger system that serves areas
outside of Grantor's property, and that future extensions and connections may
be made within the Easement Area after the initial construction, as the needs
of Grantee may require. Grantee shall have the right to re-enter the
Easement Area for purposes of replacing or upgrading as Grantee may deem
necessary in the future. Grantee agrees to maintain its facilities at all
times in good condition and repair.
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PIN~LLAS COUNTY rLA.
Orr .R~C.8K 10458 PG 494
Page 2 -
Grantor:
Grantee:
,
Sanitary Sewer Easement
W & Z Properties, Ltd.
City of Clearwater, Fl.
3. The foregoing easement shall include the right of Grantee to enter
Grantor's adjacent property for ingress and egress to the Easement Area.
4. Grantor agrees not to make any improvements or alterations to the Easement
area which will interfere with Grantee's water facilities, or obstruct the
easement path in any way, without prior approval of Grantee. Such permission
will not be unreasonably withheld, delayed or conditioned. Grantee will have
the right to remove any obstructions, including but not limited to the
improvements, shrubs and trees which may interfere with the easements rights
of Grantee set forth therein. Notwithstanding anything to the contrary
contained herein, in the event it should become necessary for either party to
relocate the facilities authorized herein, that party shall, at its sole
expense, relocate such facilities to an area on Grantor's property mutually
acceptable to both parties.
5. Grantee shall be responsible for repair and restoration of all portions of
the Easement Area, and any areas of Grantor's property used for ingress and
egress thereto, which are impacted in any manner by Grantee, its employees,
contractors or agents during Grantee's exercise of rights herein granted.
Such repair and restoration shall in all cases be concurrent with completion
of Grantee's acti vi ties, and shall return both the Easement Area and those
portions of Grantor's property utilized for ingress and egress to
substantially the same, or better, condition as existed prior to commencement
of the activity.
6. All work for the initial improvements or subsequent maintenance, upgrading
or replacements will be scheduled at the sole discretion of Grantee with the
understanding that Grantee's work will be performed at such times and in such
a manner so as not to interfere with the business operations of any occupant
of Grantor's property, unless an emergency situation should occur.
7. The foregoing easement shall run with Grantor's property and shall be
binding upon Grantor and its Successors and assigns. Grantee shall not
assign this easement without the prior written consent of Grantor, which
consent shall not be unreasonably withheld.
8. Grantee shall be responsible for the costs of recording this Easement
among the public records of Pinellas County, Florida.
9. This Easement shall be governed under the laws of the State of Florida.
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Page 3 - Sanitary Sewer Easement
Grantor: W ~ Z Properties, Ltd.
Grantee: City of Clearwater, Fl.
PINELLAS COUNTY fLA,
Off ,REC.8K 10468 PG 495
IN WITNESS WHEREOF, the Grantor has caused these presents
duly executed by its proper gJficer thereun~kauthorized and its seal
hereunto affixed, this /t/f'I day of '~1J4II{ , 1999.
to be
to be
Signed, sealed and delivered
in the presence of:
c:iif/llIft;
W & Z PROPERTIES, LTD.,
an Ohio limited partnership
By: W & Z Properties, Inc.,
an Ohio Corporation,
its general partner
By:
/
Bert
,-
i1.~Pr~
WITNESS
E/U.fu Levy
Witness' Printed Signature
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STATE OF OHIO
ss
COUNTY OF CUYAHOGA
,; The foregoing instrument was acknowledged before me this /9
of "~ ' 1999 by Bert L. Wolstein, as President of
Properties. Inc., an Ohio corporation, sole general partner of
Properties, Ltd., an Ohio limited partnership, for and on behalf
partnership the purposes as stated therein.
day
W & Z
W & Z
of said
aking acknowledgment
EILEEN LEVY, Notary Public
SlB~ ef phin, .r.uyahoRa County
Type/print/ stamp name of ackn<Mo/eofilg~~iresA:Jg. 21, 1.999
[I) Personally Known
[ ] Produced Identification
Type of Identification Produced
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1HI$ SKE'1Ot IS /IIOr A SIf\EJ'
EXHIBIT
A
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720'
A 10 FEET IIW" OFF' SlTC ... TCR MAIN EASEMENT
A 'D fEET ~ 1M7lJr M4N CASDENr. .5 flIT/N .-JIH ON CAOt SIDE OF
THe FDLLOWNfJ DCSCRtBCD aND LIE:
COItMENCE lor THe CDflER or stt7KJN.J4 TOWN9IIP:/8 SOU71#, RANfiC "
CAST. PtNEUAS COUNTY. FtOflllJA.' 1HCNCE 50IIIH 00"2".5' CAsr. 50.00
FUr. ALDNC 1HC COt 1ER UNC OF" U So HIGHWA y ,g, TO lHC SOUTH ,","-
(F-"" LINt OF" ST'" TF ROAD ~ '1IENCL' NOI1TH 8Y55'lf 1ICSr. 8SI4.
n:cr:. ALONe THC SOtITH Rf(;HT-Dr-/ItIH' l.MC OF' STATe HOI40 ~ '" THe
EAST UNC Dr OUNCDIN IJtINJSTRIAL 1'.4<< AS 5HmIN ON THE PIA T RCCOROElJ
M PlAT 1JOOK " PAGE ill I'UIlLIC RB:ORJ)5 OF' PfNCUAS COUNTY. R.ORtDA;
THENCe ALONG CAST UNC OF SAAO IJtJNC/)jV INDIJSTRJAL PAMr. SOIJTH 00"D4''''-
1tCSr. MI./X) ~cr; THDa SOUTH .~.,.r CAST; 45Il.751T.ET. FrJR A POINT
OF ~ 7HEJICE NORTH Dfn1,'"r CAST. IQiXJ FEeT; THENCC
NOR1H n':s5'U- tID7. 114... F'CET; TO A POINT U 7CRMMJ5.
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T)'7If; tV SlllNCY I TH I S SKeTCH IS IIOT A ~CIRIff:'r
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CCRTI"C(J TQ, LINCKS. ASSOCIATES, INC.
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