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WEST CENTRAL FLORIDA COUNCIL, INC AND BOY SCOUTS OF AMERICA4 46 c ;.. RETURN TO: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 I RE: Parcel: 32-28-16-00000-410-0000 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009035022 0211112009 at 09.33 AM OFF REC BK: 16495 PG: 846-848 DocType:EAS RECORDING. $27.00 11 HIKING TRAIL EASEMENT THIS EASEMENT made this A7&?day of bsr-cmber , 200.r by the WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA, a Florida not for profit corporation (f/k/a Pinellas Area Council of Boy Scouts of America, Inc.) (herein, "Grantor"), whose mailing address is 11046 Johnson Boulevard, Seminole, Florida 33772-4715, to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (herein, "Grantee"), whose mailing address is P. O. Box 4748, Clearwater, Florida 33758-4748, its successors and assigns, WITNESSETH: That the Grantor for and in consideration of the mutual benefits to be derived therefrom, hereby grants unto the Grantee, its successors and assigns, a perpetual non-exclusive easement, in, over, upon and through the following described land in Pinellas County, State of Florida, for the purposes of INGRESS AND EGRESS: The North 10.00 feet of the Northwest 1/4 of the Southeast '/4 of Section 32, Township 28 South, Range 16 East, extended west to the waters of Lake Chautauqua, and the North 10.00 feet of the West 362.72 feet of the Northeast % of the Southeast'/4 of said Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, as depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof (herein, "easement premises"). TO HAVE AND TO HOLD the same unto said Grantee its successors and assigns forever, unless mutually terminated by the parties as provided hereafter. Grantee shall be obligated, at Grantee's sole cost and expense, to construct, maintain and reconstruct as necessary a hiking trail for the public and all improvements required for pedestrian use of the easement premises in conformity with the development code of the City, as amended from time to time. Grantee shall in every instance restore the easement premises and contiguous lands of the Grantor, if impacted, to equal or better condition as existed immediately prior to every exercise of said rights and obligations of Grantee. THE RIGHTS GRANTED HEREIN SHALL BE PERPETUAL and irrevocable except by the mutual written agreement of the parties to be recorded in the Public Records of Pinellas County, Florida, or by abandonment of the easement premises by Grantee. Upon either occurrence, all rights, privileges and obligations of Grantee in and to the easement premises shall terminate, and Grantee shall immediately remove all improvements and restore the easement premises to a condition comparable to and compatible with Grantor's abutting lands. GRANTOR WARRANTS AND COVENANTS with Grantee that it is the owner in fee simple of title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose, quiet and peaceful possession, use and enjoyment of this easement. a J .% IT IS EXPRESSLY UNDERSTOOD AND AGREED that all rights of ownership of the easement premises not inconsistent with the easement rights herein conveyed to Grantee are reserved to Grantor. Subject to the terms and conditions hereof, Grantor shall have the right at its sole discretion to grant such other easements, rights or privileges to other persons and entities so long as such grants shall not unreasonable interfere with rights and privileges conveyed herein to Grantee. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its duly authorized officer(s), and its official seal hereto affixed, the day and date first above written. WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA K By: ?+w two Print Name w??«*?. rte. ??s Title Sr- ri wy Gicyc,r -F_ STATE OF FLORIDA COUNTY OF PINELLAS : ss SCowf E,ecc??IME, the undersigned, of the personally WEST aCppeared ENTRAL W31;4m A. as COUNCIL, NC., BOY SCOUTS OF AMERICA, a Florida not for profit corporation, who executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ov% day of _ Notary Public = State of Florida Print/type name: 'DCbDYd-11 WM Pre4 -Dcem-be,.200?. a??uu IDES YM91 No" puck . 8" d F00 co„„MW„ W-W- ?,aa COW"m t oc 500 e? N.roar Signed, sealed and delivered in the presence of: ? ? 362.72' 1\ I I I I I The North 10.00' Of The NW 1/4 Of The West SE 1/4 Of Sec. 32 Twsp. 28 S Rng. 16 E, 362.72' Extended To The Waters Of Lake Chautauqua And I The North 10.00' Of The West 362.72' Of The NE 1/4 Of The SE 1/4 Of Sec. 32 Twsp. 28S Rng. 16E I NE 1/4 Of SE 1/4 Sec. 32 Twsp' 28S Rn9. 16E I ? I I 1 I CAMP SOULE I q BOY SCOUTS OF AMERICA -" I I I I NW 1 /4 Of SE 1 /4 Of I I Sec. 32 Twsp. 28S Rng. 16E I SOULE ROAD PARK ?I I I I II ?I 1 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT D. KING LEGAL SKETCH uLaa03A ORCMU By BOY SCOUTS SHIM R. HAMILTON INGRESS/EGRESS OF 1 oAh 11/04/200a EASEMENT FXT-TWMLMG 32_2155-16e 2448 a.o-uwce N/A Scale 1 "-400' EXHIBIT "A" zmAlgah, This is not a survey NORTH I LAKE CHAUTAUQUA PARK North 10' I I I I OELO OR N I ?I I I AFFIDAVIT OF NO LIENS 11 STATE OF FLORIDA COUNTY OF PINELLAS : ss BEFORE ME, the undersigned authority, personally appeared William M, 3)" Is , as scoaf execu kyr- of the West Central Florida Council, Inc., Boy Scouts of America, a Florida not-for-profit corporation (f/k/a Pinellas Area Council of Boy Scouts o America, Inc.), whom, being first duly sworn, does depose and say: That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: The North 10.00 feet of the Northwest '/4 of the Southeast '/4 of Section 32, Township 28 South, Range 16 East, extended west to the waters of Lake Chautauqua, and the North 10.00 feet of the West 362.72 feet of the Northeast 1/4 of the Southeast '/4 of said Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, as depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, except: (if none, enter "NONE". If no entry, it will be deemed that "NONE" has been entered.) A/0NF 4. That other than easements and restrictions of record, there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: (if none, enter "NONE". If no entry, it will be deemed that. "NONE" has been entered.) NaN E - That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the above described property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. By: - Yln Print Name WILL-[AAA Title Scu ?r. acv ; Sworn to and subscribed to before me this day of DXX cYY 6eV 2f0,0, . lY.?- Al l0, -Q0/0 Notary Public - State oA Florida My Commission Expires left ? (.l e44- Pre& fee- Print/Type Name :C:gEmft . OW d Pbft • EVeeAp'A w N DD OWN AWL 4 Scale 1`-400' this is not a survey I I North 10' EXHIBIT "A" NORTH LAKE CHAUTAUQUA PARK 362.72' ? I I I I The North 10.00' Of The NW 1/4 Of The West SE 1 /4 Of Sec. 32 Twsp. 28 S Rng. 16 E, 362.72' Extended To The Waters Of Lake Chautauqua I 1 j And 1 The North 10.00' Of The West 362.72' Of The NE 1/4 Of The SE 1/4 Of Sec. 32 Twsp. 28S Rng. 16E I NE 1/4 Of SE 1/4 Sec. 32 Tws 28S Rn 1fiE I ? I I P• 9• I I CAMP SOULE I BOY SCOUTS OF AMERICA I I I I I NW 1 /4 Of SE 1 /4 Of I I Sec. 32 Twsp. 28S Rng. 16E I I I I I SOULE ROAD PARK I CD I 1 ?..? 1 I I I I I 1 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT oKiN6 LEGAL SKETCH M°0003A Ckwe OT BOY SCOUTS R. HAWL70N INGRESS/EGRESS I OF i DAR 11/04/2008 EASEMENT x -V. 32-288-iee 24410 a?w.wcs N/A I I I I I I LO CIR N I I I