MARLYN TRACEY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CHRISTINA MCNEIL TRACEY AND ANCHOR MINI-MART INCKEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
This Instrument Prepared by: INST# 2008276188 1011012008 at 09:37 Arai
OFF REC BK: 16399 PG: 1103-1106
CLEARWATER CITY ATTORNEY DocType:EAS RECORDING: $36.50
P.O. Box 4748
Clearwater, FL 33758-4748
Folio No.: 08/29/15/17550/002/0010 THIS SPACE FOR RECORDING
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TEMPORARY CONSTRUCTION EASEMENT
This easement grant is made between Marlyn Tracey, as Personal
Representative of the Estate of Christina McNeil Tracey and Anchor Mini-Mart, Inc.,
Owners, whose address are 207 Coronado Drive, Clearwater, Florida 33767 (Grantor)
and the City of Clearwater, a municipal corporation of the State of Florida, whose
address is P.O. Box 4748, Clearwater, FL 33758-4748, (Grantee) as follows:
1. In consideration of the sum of one dollar and other good and valuable
consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee, its
successors and assigns, a temporary construction easement (hereinafter "Construction
Easement") in, over and across that portion of
The South 50.0 ft of the West Y2 of Lot 1, Block "B", Columbia Subdivision
as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas
County, Florida
as is legally described and depicted as the shaded area bounded by what has been
labeled as the "limit of construction" on the construction plans attached hereto as Exhibit
A (hereinafter "Construction Plans").
2. Grantee has the exclusive right, privilege and easement to use and
access the Construction Easement for drainage purposes, with full authority to enter
upon, excavate (including the construction, replacement, removal, and modification of a
slope), construct and maintain, as Grantee and its assigns may deem necessary, a
drainage system over, under, upon, and through the lands described and depicted on
the Construction Plans within the limit of construction. Further, Grantee shall have the
temporary and non-exclusive right, privilege and easement to use the Construction
Easement for the purposes of excavation, digging ditches, storing dirt, supplies and
materials, moving and using equipment and generally carrying out the construction
indicated on the Construction Plans together with the purposes of inspecting and
performing appropriate tests within said Construction Easement, including but not limited
to, archaeological and environmental studies, together with the full right of reasonable
access to and egress from said Construction Easement for all purposes in connection
with said construction.
3. Grantors retain the right of continued use of the surface of said
Construction Easement, subject to the condition that the erecting of buildings, masonry
walls, masonry fences, and other structures, the planting or growing of trees or shrubs,
the changing of the surface grade, or any other activity that may interfere with the
location, excavation, operation or maintenance of the drainage or any structures
installed thereon shall be prohibited unless written permission is first obtained from
Grantee.
TEMPORARY CONSTRUCTION EASEMENT
Folio No.: 08/29/15/17550/002/0010
Page 2 of 3
4. This Construction Easement shall terminate six (6) months from the date
it vests in Grantee or upon Grantee's completion of construction, whichever occurs first.
5. Grantee shall have the right to clear the Construction Easement, and the
right to remove from the Construction Easement all brush, trees and other obstructions
consistent with the construction plans.
6. Grantee may assign its easement rights acquired hereunder in whole or
in part.
7. Nothing contained herein shall be deemed or construed to be a merger,
release, waiver, modification or amendment of any rights Grantee presently owns or
holds, as reflected in the official records of the county where this easement is located.
8. The benefits, burdens and obligations acquired or assumed under the
Easements shall inure to, benefit, bind and oblige respectively Grantors, and his, hers,
its or their heirs, executors, administrators, personal representatives, successors and
assigns, as well as Grantee and its successors and assigns.
9. Grantor warrants that subject to any existing public roadway or utility
easements, Grantor is in lawful possession of the subject property free and clear of all
liens and encumbrances, except those recorded in the public records, and has the right
and power to convey this drainage easement.
19 /a-/Q P , 2008
Dated: Y
AT W NESS NTOR:
---- --- - - - ---- -- - -------- ---------------
1 st tness Si natur Marlyn Trace(, as Personal
Representative of the Estate of
i- Christina McNeil Tracey
anted Name of 1 st W ness
?p(d Witness Sigfiature
Printed ame of 2nd Witness
TEMPORARY CONSTRUCTION EASEMENT
Folio No.: 08/29/15/17550/002/0010
Page 3 of 3
A TE ITNES G NTOR: jc??
--- --- - --- -- - --- -------- ----- ----- -
1 st fitness ignatu Anchor Mini-M c. by Marlyn
Tracey, as its _ Ako•----_-_____--
rinte Name of 1 st AW' ness gnature
Printed Name of 2nd Witness
STATE OF FLORIDA
COUNTY OF PINELLAS
4;Lre'o i ng instrument was acknowledged before me this_--___ day of
--____, 2008, Marlyn Tra e , as Personal Representative of the Estate of
Christina McNeil Tracey, and as _74 --- of Anchor Mini-Mart, Inc., who
is personally known to me () or who has produced
identification.
as
NITNESS an and official seal in the County and State last aforesaid this
day of 2008
SEAL
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DRIVEWAY
CORONADO DR.
SEE FDOT INDEX NO. 515-04
THIS DETAIL IS ONLY FOR NORTH SIDE OF DRIVEWAY APRON
FOR ESTIMATING PURPOSES QNI.Y, .INW, eaTSmw aas
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CONTRACTOR TO VERIFY WANTITIES
PRIOR TO CONSTRUCnO
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CONCRETE FOR I/2 WRO - W C.Y.
T1PE S-} ASPHALT --- 5 C.Y.
CONCRETE PARKING STRIP - 0 C.Y. --
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SAWCUT CURB DETAIL
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PARTIAL CURB REPLACEMENT
(PROPOSED)
CITY OF CLEARWATER, FLORIDA 'ALL - °`
-? ?'R.4 II ANCHOR MINI MART
ENGINEERING DEPARTMENT C 1TDD s. Ny De A e. 207 CORONADO DRIVE
E CALL
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