CONSENT TO CROSSWALK ENCROACHMENT/AMSOUTH
I
Return to:
Earl Barre<<. Real Estate Manager
City of Clearwater
p, 0, Box 4748
Clearwater, FL 34616-4748
~
INST # 96-251180
SPT 13, 1996 3:~OPMJY
PINELLAS COUNTY FLA
OFF.REC.BK 9462 PG 1537
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t} (;~'~~~~~~~ CONSENT TO CROSSWALK ENCROACHMENT
-::;--'~~~1 WHEREAS, AmSouth Bank of F::::a;~AmSOUth") is the owner of two separate
parcels of real property located in Clearwater, Florida, and described in Exhibit A and
Exhibit B ("Bank Property").
WHEREAS, The City of Clearwater (the "City") is the owner of an Alley between
the two separate Bank Property parcels, above which is constructed a pedestrian
crosswalk described in Exhibit C (the "Crosswalk").
WHEREAS, AmSouth requests City to approve the existing encroachment of the
Crosswalk in the Air Space above the City-owned Alley.
Agreement
NOW, THEREFORE, AmSouth and the City hereby agree as follows:
1. Grant. The City does hereby approve the existing encroachment of the
Air Space above the City-owned Alley in order to utilize and maintain the existing
Crosswalk, including without limitation the right to maintain, remove, repair, replace and
utilize the Crosswalk without any sub right to reconfigure or relocate same, except as
described herein. It is acknowledged that all or any part of the encroachment at
AmSouth's or its successor's expense should be removed if the subject Alley and Air
Space is needed for any public purpose, as reasonably determined by the City
Engineer.
2. INDEMNITY. AmSouth, its successors and assigns, is hereby required
at all times and does hereby agree to indemnify and save harmless the City from any
and all claims or loss by reason of any accident or damage to any person or property
happenings on, about, under or as a result of the use or maintenance of the Crosswalk.
3. BURDENS RUN WITH THE LAND. The duties as to the indemnification
of the City and the duty to repair and maintain the Crosswalk shall be deemed a
covenant running with the Bank Property and shall be binding upon not only AmSouth,
but also upon its successors and assigns.
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J PINELLAS COUNTY FLA.
r IOFF.REC.BK 9462 PG 1538
4. BENEFI. . The rights established, created an~ granted hereunder are
restricted solely to the owner from time to time of the Bank Property and not to the
general public and, accordingly, said owner may from time to time temporarily close all
or any portion of the Crosswalk in such manner as to prevent a dedication thereof to the
public or an accrual of any rights of any person other than as aforesaid or in the public
generally.
5. NON-INTERFERENCE WITH PUBLIC WAY. The approval of the
encroachment is expressly subject to the rights of the public to use the Alley as a public
way, and the Crosswalk will be maintained and repaired in such manner as to not
impede ingress and egress across and through said Alley to all members of the public
for public way purposes so long as same shall be an alley dedicated to the public.
6. TERMINATION. The approval of the encroachment is to utilize the
Crosswalk and Air Space described herein and is only for the benefit of the existing
structures on the Bank Property. Any reconfiguration or relocation of said structures
shall terminate this Consent to Crosswalk Encroachment.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
~ecuted by their respective duly authorized representatives this i-H1n day of
~a{1t~x , 1996.
AMSOUTH BANK OF FLORIDA
~~
Its: ///t!J.,V ~.I:O~/)r
STATE OF ALABAMA )
JEFFERSON COUNTY )
The foregoing instrument was acknowledged before me this iff!:::.. day of
J..td4/I'\Aj:~'V , 1996, by Stephanie Walker, as Vice President of AmSouth Bank of
~Pbrid~~~-state banking corporation, on behalf of said corporation. Such person did take
an oath and: (notary must check applicable box)
"~ is personally known to me.
produced a current
produced
driver's license as identification.
as identification.
.~Jh~7h.. ~ LA:kJ
Signature of Notary
,Ellen M. Odon Smith
Name of Notary Typed, Printed or Stamped
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~ PINELLAS COUNTY FLA.
OFF.REC.BK 9462 PG 1539
SIGNATURE PA E FOR CONSENT TO CROSSWALK ~CROACI-II\IIENt---------j
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
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. zabeth M. D
ity Manager
Countersigned:
Approved as to form and
legal sufficiency:
Attest:
~~
John Carassas, Asaistant City Attorney
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above-
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this ~ q y.Bv day of ~
199~.
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PrintfType Name: CAROLVN 1... BRINt(
A,] COMMlSSi CC 463040
Notary Public ~ t'> Ei<PtRES tl!~Y 22,1999
9ONDED1HRll
~TbANTIO BONDING co.. INo.
STATE OF FLORIDA )
COUNTY OF PINELLAS) J ~
BEFORE ME personally appeared EIi~* D~Ptula, th~ager of the above-
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this ::; 9 '?L day of (] ~A~
199~. ~
. ~ ~ ~BRINt(
PnntfType Name: 'I PfJ CAROLT,. CC 463040
Notary Public ~ t'> El<PIl'\ES MAY 22.1999
~ 15 8ONOEO THRU
~1Jf i\,.'rf AMNTlC OONQlNO co.. INC.
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jPINELLAS COUNTY FLA.
O~.REC.BK 9462 PG 1540
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EX1UBIT A
TO
CROSSWALK AGREEMENT
Lots 1 and 2 of Earl and Tates Subdivision, a subdivision according
to the Record Plat thereof recorded in plat Book H-l, page 20, in
the Public Records of Pinellas County, Florida
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COUNTY FLA.
PINELLAS PG 1541
OFF.REC.BK 9462
EXHIBIT B
TO
CROSSWALK AGREEMENT
Lots 7 and 8 of Earl and Tates Subdivision, a subdivision according
to the Record Plat thereof recorded in Plat Book B-1, page 20, in
the Public Records of Pinellas County, Florida
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OF~P INELLA.S
a. REc. Bl( COUNTY F'
9462 PG LA.
1542
Exhibit "e"
AIR RIGHTS EASEMENT FROM CITY OF CLEARWATER TO AMSOUTH BANK
lYING FROM 12.5 FEET TO 28.5 FEET ABOVE THE CURRENT ASPHALT AllEY
WITHIN THE FOllOWING DESCRIBED TRACT:
The East 35 feet of that portion of 10 foot alley, conveyed to City of Clearwater
by an Instrument recorded in Deed Book 722, Pages 459 through page 461, and
modified by instruments recorded in Official Record Book 744, pages 541 through
page 544, lying in Lots 1 and 7 of Earll and Tate's Subdivision as recorded in
Plat Book 1, Page 20 of the Public Records of Pinellas County, Florida.
Part of EARLL & TATE'S
Subdi-~Tision (Plat Book 1, Page 20)
LAURA ST.
50' 50'
7 8
>- D.R.
<( -744-541
<( 35.0'
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0 51'
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D.B.
722-459
1 2
50' 50'
CLEVELAND ST. S.R. 60
NOTE: THIS IS NOT A SURVEY
NOT TO SCALE
Section: 16-29-15
airwalk.dwg
Drawn by: PWD
Date: 8/15/96