BOTANICA DAY SPA COMPANYKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019205623 0612712019 03:16 PM
OFF REC BE 20694
E P0:OR248s 2-248 59 0
DocType:
Prepared by and return to:
Rob Brzak
Engineering Department
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
PARTIAL EASEMENT TERMINATION AND RELEASE
THIS PARTIAL EASEMENT TERMINATION AND RELEASE ("Easement Termination")
is given this /1".. day of Jwwe 2019, by Botanica Day Spa Company ("Releasor"), a Florida
Corporation, whose mailing address is 1840 SW 22°" St., 4th Floor, Miami, Florida 33145, to the City of
Clearwater ("Releasee"), a Florida Municipal Corporation, whose mailing address is 600 Cleveland
Street, Suite 600, Clearwater, Florida 33755.
WHEREAS, Releasor and Releasee have equitable or vested interests in certain adjacent
properties which are subject to easements which benefit and/or burden the properties; and
WHEREAS, more specifically, Releasor was granted ingress, egress, loading and unloading
easement rights in that certain Easement Agreement dated March 20, 1996 and recorded in Official
Records Book 9333, Page 669 et. seq., as recorded in the Official Records of the Clerk of the Circuit
Court in Pinellas County, Florida (the "Easement"); and
WHEREAS, the Releasee has requested that Releasor release a all right, title and interest in a
portion of the Easement; and
NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable
consideration in hand paid to the Releasor, the receipt of which is hereby acknowledged, and intending to
be legally bound, the Releasor hereby agrees as follows:
1. Recitations. The foregoing recitations are true and correct and are incorporated herein by this
reference.
2. Partial Termination and Release of Easement. The Releasor hereby terminates, releases and
relinquishes all right, title and interest in the portion of the Easement created in any grant of
record and that certain Easement Agreement dated March 20, 1996 and recorded in Official
Records Book 9333, Page 669 et. seq., in the Official Records of the Clerk of the Circuit
Court in Pinellas County, Florida as more specifically described and depicted in Exhibit "A"
(attached hereto and incorporated herein).
3. Retention of Certain Easement Rights. Releasor expressly retains those certain easement
rights created and granted in that certain Warranty Deed dated July 29, 1994 and recorded at
Official Records Book 8743, Page 286, et. seq., as corrected in that certain Warranty Deed re-
recorded on May 6, 1996 at Official Records Book 9333, Page 686, et. seq., Official Records
of the Clerk of the Circuit Court in Pinellas County, Florida (attached hereto and incorporated
[G M 19-1313-127/234528/1]
herein as Exhibit "B"). The release of the rights recited in Section 2 above shall in no way
relinquish the rights described in this Section 3.
4. Binding Effect. The covenants contained in this Easement Termination and Release are not
personal but shall run with the land and shall be binding upon and inure to the benefit of, the
parties and their respective heirs, personal representatives, transferees, successors or assigns.
IN WITNESS WHEREOF, the Botanica Day Spa Company has caused this instrument to be
executed in its name this 1-4- day oft , , by proper officers thereunto duly
authorized.
Witnessed on Jar 11 2019
BOTANICA DAY SPA COMPANY, a Florida
corporation
By:
Print Name: Print N
Title:
3 z i) 5 #
Print Name: %3i 7 A M / <-704
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The fore oin instrument was acknowledged before me this V day of �. , 2019, by
eve. 0 , the Q tuner of the Botanica Day Spa Co�m,paan, y Florida corporation,
ho is personally known to or produced GL a-- O14 - .82 S`hsas identification.
(SEAL)
[G M 19-1313-127/2345 28/11
Print Name
NT.S
This is not a survey
EXHIBIT "A"
FRANKLIN STREET
(60' Right -of -Way)
South right-of-way line of Franklin Street
Block 11
Magnolia Pa
Plat Book 3, Pag
Lot 1
1
Lot 3
1
1
10' Ing./Egr. ea
O.R. 9333, PG
5.00
Line Table
Line #
Bearing
Length
LI
S89° 49' 30"W
10.0'
L2
S89°58'00"E
20.0'
L3
S89° 49' 30"W
10.0'
PO/NT OF COMMENCEMENT
SW Corner of Block 11
03
PO/NT�F
BEG/N, NG
Lot 9
Lot 10
Lot 8
1 East 7345'
1•
North right-of-way line of Court Street
COURT STREET
(too' Right -of -Way)
Legal Description
A 20.0 foot ingress and egress easement vacation being a part of Lots 2 and 9, Block "11". Magnolia Park. as recorded in Plat Book 3, Page 43 of the Public Records
of Pinellas County, Florida, described as follows:
Commence at the Southwest corner of Block 11, run thence East, along the North Right -of -Way line of Court Street, a distance of 73.45 feet; thence run
N 00°15'12" E, a distance of 139.18 feet to the Northeast corner of a 10 foot ingress/egress easement as recorded in Official Record Book 9333, Page 686 of the
Public Records of Pinellas County, Florida, and also being the Point of Beginning; thence S 89°49'30" W, along the North line of said easement, a distance of 10.0 feet;
thence N 00°15'12" E, a distance of 175.20 feet to the South Right -of -Way line of Franklin Street; thence S 89°58'00" E, along said South Right -of -Way line,
a distance of 20.0 feet; thence S 00°15'12" W, a distance of 175.13 feet; thence S 89°49'30" W, a distance of 10.0 feet, to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Justin Sepanski
CHECKED BY
Tom Mahony
20' Ingress and Egress Easement
Release at SE Corner of
Franklin Street and S East Avenue
DWG. NO.
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DATE DRAWN 05/21/2019
( CITY OF CLEARWATER
ENGINEERING DEPARTMENT
N.T.S.
This is not a survey
14 Si
as
w
SW Corner of Nock 11
EXHIBIT "B"
FRANKLIN STREET
(60' Right -of -Way)
South right-of-way line of Franklin Street
Block 11
Magnolia Par
Plat Book 3, Page 43
1
/ngre /Egress
ease ent to
be re ained
1
North right-of-way line of Court Street
COURT STREET
(100' Right -of -Way)
DRAWN BY
Justin Sepanski
CHECKED BY
Tom Mahony
10' Ingress and Egress Easement Retention
DWG. NO.
Lg1_2019-10
SEC-TWNSP-RNG 15
DATE DRAWN
SHEET
1 OF 1
— 29S — 15E
05/21/2019