PINELLAS COUNTY
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Prepared by and -rClPA-.m:
James R. Meloy, Real Estate Division
509 East Avenue South
Clearwater, FL 33756
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006030979 01/26/2006 at 10:39 AM
OFF REC BK: 14894 PG: 873-877
DocType:EAS
GENERAL UTILITY EASEMENT
THIS GENERAL UTILITY EASEMENT, made this '23 day OfIl\.j , 200~
between PINELLAS COUNTY, Attention Public Works Real Estate Division, whose address is 509
East Avenue South, Clearwater, Florida 33756-5165, a political subdivision of the State of Florida,
hereinafter referred to as "County" and the CITY OF CLEARWATER, FLORIDA, Attention the
Public Utilities Department, whose address is 100 South Myrtle Avenue, Clearwater, Florida 33756,
a political subdivision of the State of Florida, hereinafter referred to as "City".
WITNESSETH
THAT THE COUNTY, for and in consideration of Ten and 00/100 Dollars ($10.00), the
receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City, its
successors and assigns, a permanent General Utility Easement over that portion of that certain
property which is owned by County located in Pinellas County, Florida, said property being more
particularly described in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to
as "Easement".
TO HAVE AND TO HOLD said Easement unto the City forever, subject to the following
conditions:
1. The County hereby warrants and covenants ( a) that it is the owner of the fee simple
title to the property in which the above described Easement is located and (b) that the County has full
right and lawful authority to grant and convey this Easement to the City.
2. The rights herein granted to the City by the County specifically include; (a) the right
to install, inspect, maintain, and repair all current and future Utility Booster Station Facilities under,
over and upon the Easement; (b) the right for the City to clear the Easement of trees, limbs,
undergrowth and other physical objects which may endanger or interfere with the safe and efficient
installation, operation or maintenance of the utility systems.
3. The grant of this Easement may allow the County quiet enj oyment of the Easement to
the extent that such use does not interfere with rights granted herein.
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4. Except for those acts reasonably necessary to accomplish the purposes of this
Easement, the City also covenants not to do any acts or things, which it could reasonably expect to
cause damage to County's property. With respect to any person not a party to this Easement this
paragraph should not be construed as a waiver of any defense or limitation available to the County or
City, pursuant to Section 768.28, Florida Statutes, as now in effect, or as may be amended from time
to time.
5. The City will be held fully responsible to restore any County assets that are damaged
directly or indirectly by construction and/or operation of the City's facility, including any accidental
discharges. The City will protect the County from any claims of damage caused by this facility
involving non-County assets. However, nothing contained herein shall be construed to waive or
modifY the provisions of Section 768.28, Florida Statutes, or the doctrine of sovereign immunity as
to any party hereto. In addition, nothing contained herein shall be construed as consent by the City to
be sued by third parties, or as a waiver of sovereign immunity.
COUNTERSIGNED:
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rank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
BY~(t:;;'~<U:
Willi~~"fiorne.V., ,
City ManageI:'" v':,.:(~: '
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hia E(Goudeau
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Clerk
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By:
Laur, Lipowski
Ass~tant City Attorney
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
COUNTY:
PINELLAS COUNTY, FLORIDA
WITNESSES:
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pnntName:. ~3=~
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By:~
Stephen M. Spratt, County Administrato~
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STATE OF FLORIDA
COUNTY OF -pir\lllD..D
The foregoing instrument was acknowledged before me this ~3
by Stephen M. Spratt, who is personally known to me.
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NOTARY
SEAL
My Commission Expires:~. 4-.0q
Print Name: ~ A. ~(t..
Commission Number: "'D'"D l..\ l\ 14~,.
F:\Documents\Real Estate Division\RED StaffProjects\Sonny\City ofClearwater\General Utility Easement 9-15-05.doc
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'PINELLAS COUNTY PUBLIC WORKS
DIVISION OF SURVEY AND MAPPING
22211 U.S. HIGHWAY 19 N.
CLEARWATER, FLORIDA 33765-2347
SECTION(S) 04, TOWNSHIP 29 SOUTH, RANGE 16 EAST
Additions or deletions by other than the Professional land Surveyor in responsible charge is prohibited.
land Description is invalid without signature and/or embossed seal of the Professional Land Surveyor
Pinellas t
(~~~1]RKS
DESCRIPTION
A portion of lands, as conveyed to Pinellas County, a political subdivision of the State of
Florida, according to STIPULATED FINAL JUDGMENT, Circuit Civil No.: 92-4243-CI-16, recorded in
O.R. 8360, Pages 1848-1856, Parcel Nos. 419.1-R3 and 420.1-R3, public records of Pinellas
County, Florida, lying within Section 4, Township 29 South, Range 16 East, Pinellas County,
and being described as follows:
The South 100 feet of the North 569. feet of the West 150 feet of the East 250 feet
of the Northwest 1/4 of the Northwest 1/4 o~ said Section 4.
., If:
CONTINING: 15,000 square feet or 0.344 acres M.l>.L.
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S.F.N.:
0067
EXHIBIT A
SHEET 1 OF 1
under my supervision and is true and
CALCULATED BY:
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CHECKED BY:
C.G.
DATE '-I / l 7 / D 5
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IFICATE NUMBER: 4238
Parcel No.: P301-R