FIRST NATIONAL BANK AND TRUST COMPANY OF DUNEDIN (2)
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AGREEMENT
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THIS AGREEMENT made and entered into this Z/;......"'" day of
~ ~' 1970, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation (hereinafter sometimes referred to
as "City"), and the FIRST NATIONAL BANK AND TRUST COMPANY OF
DUNEDIN, a national banking association, not personally but solely as
Trustee under the provisions of a certain Trust Agreement dated June 24,
1968, and known as Trust Number 70895 (hereinafter sometimes referred
to as "T rustee"),
WITNESSETH:
WHEREAS, the Trustee is the owner of the following described
real estate in Pinellas County, Florida, to wit:
Start at the Southeast corner of the Northeast Quarter
of the Southeast Quarter of Section 18, Township 29 South,
Range 16 East and go North 89020'0711 West, 100.01 feet
along the 40 acre line to a point on the West right of way
line of U.S. Highway 19 for a point of beginning; thence go
North 89020 '0711 West, 982.72 feet along the aforementioned
40 acre line; thence go North 01020 'OS" East, 50. 00 feet;
thence go South 89020 '07" East, 982.48 feet to a point
on the aforementioned West right of way line of U.S. Highway
19; thence go South 01003'40" West, 50.00 feet along the
aforementioned West right of way line to the point of beginning;
and
WHEREAS, the Trustee is willing to convey the said real estate to
the City for public highway and public utility purposes provided that the
City shall improve said real estate for at least one-half of a two way traffic
flow highway and shall extend a twelve-inch water line Eastward from its
present termination West of the West line of said real estate to a point on the
Northwest corner of the said real estate; and
WHEREAS, the City is willing to accept said conveyance for said
purposes and upon the said conditions;
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NOW, THEREFORE, in consideration of the foregoing and the
covenants and conditions hereinafter set forth, the parties hereto agree as
follows:
1. Forthwith upon execution of this Agreement by the parties hereto
and approval by the necessary authorities of the City of Clearwater, Florida,
the Trustee shall deliver to the City a deed of the said real estate in the
form attached hereto as Exhibit A, and no payment therefor shall be required
to be made by the City or any other person, to the Trustee or to any beneficiary
of the said Trust.
2. Promptly after delivery of the said deed, at the sole cost and
expense of the City (and without special assessment or other charge to or
upon the rea~ estate or owners, lessees or occupants of the real estate lying
)
to the North of said real estate to be conveyed as aforesaid and South of the
South right of way line of Gulf to Bay Boulevard (Florida State Road 60),
A. The City shall install and extend a twelve -inch water line eastward
from its present termination West of the West line of the said real estate to
a point on the Southwest corner of the said real estate being conveyed hereunder,
thereby providing a source of water available for use in connection with any
improvements which lawfully hereafter may be constructed on the real estate
lying North of the said real estate to be conveyed hereunder and South of the
South right of way line of Gulf to Bay Boulevard (Florida State Road 60) and
shall complete said installation and extension as soon as possible after delivery
of the said deed but in any event not later than April 25, 1970;
B. The City shall pave on the said real estate to be conveyed
hereunder at least a two-lane public road extending eastward from
the West line of said real estate to connect with and provide ingress
and egress to and from U. S. Highway 19, including proper
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drainage to avoid discharging water onto the real estate lying to the North
thereof and the installation of curb and gutter along said road and shall have
a contract awarded for above construction within one hundred twenty (120)
days after delivery of the said deed, with construction to proceed without
delay until contract is completed.
3. Within ninety (90) days after completion of the said paving,
Trustee's beneficiaries shall cause a sidewalk to be constructed on the
said real estate to be conveyed hereunder where designated by the City
North of the North line of the road to be paved as aforesaid on the said
real estate, without any cost or expense to the City. The said sidewalk shall
extend the entire length of the said real estate, five feet (51,} in width, and
shall be installed in accordance with applicable ordinances and regulations.
4. The Trustee or its agents or beneficiaries may, at their sole
cost and expense, cause the said twelve-inch water line to be extended
eastward in the northerly right of way of the said road so to be paved as
aforesaid or northerly into and upon the real estate lying North of the North
line of the said real estate to be conveyed hereunder and South of the South
right of way line of Gulf to Bay Boulevard (Florida State Road 60), either
or both, and also at their sole cost and expense, may cause North-South
streets which they may construct (public or private) to connect with the
Eastbound and Westbound lanes of the road so to be paved as aforesaid. No
charge shall be made by the City for any such extension or connection. No
sidewalk or curb and gutter need be installed along the North line of the road
to be paved by the City as herein elsewhere provided at the points of connection
of any such North-South street with said road to be paved by the City. Any
such water line extension and North-South street construction shall be done
in accordance with applicable ordinances and regulations.
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5. In the event, at any time hereafter, the City shall desire to
extend said water line further eastward from the point of extension here-
inabove provided to be done by the City or to install a sidewalk along the
South boundary of the said real estate to be conveyed hereunder or to widen
the said road to be paved by the City as hereinabove provided (with or
without the acquisition of additional land ), either or all, no charge or
assessment therefor shall be made by the City on the real estate lying
North of the said real estate to be conveyed hereunder and South of the
South right of way line of Gulf to Bay Boulevard (Florida State Road 60)
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or on or to any owner, lessee or occupant thereof.
6. The said real estate is part of the larger tract owned by the Trustee
and described in the attached Exhibit B. Within ninety (90) days after com-
pletion of the paving of the said Druid Road, Trustee's beneficiaries at
their sole cost and expense shall cause a street to be constructed thereon
in accordance with applicable ordinances and regulations thirty feet (30')
wide extending in a North-South direction and connecting with Gulf to Bay
Boulevard on the North and Druid Road as extended to the South, Trustee's
beneficiaries shall endeavor to obtain the cooperation of the owner, lessee
and mortgagee of the premises adjoining .the easterly line of the northerly
portion of the premises described in Exhibit B to provide enough land to
enable said street to be constructed fifty feet (50') in width. . In any event,
such street when completed shall be conveyed to the City for public highway
and public utility purposes. The City consents to the foregoing and agrees
to accept such conveyance and thereafter to maintain such street for such
purposes.
7. The Trustee agrees to promptly enter into a contract for the
removal or muck and replacement with good fill in the Druid Road right of
way adjacent to its property for aIT amount not to exceed Seven Thousand
Dollars ($ 7,000.00). Said contract to be with a contractor of the City's
choice and supervision of the muck removal to be by the City Engineering
Department.
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8. The City agrees to pay to the Trustee the sum of Two Thousand
Dollars ($2,000.00) to assist in installation of a sanitary sewer mam on
U.S. Highway 19 right of Way to serve Trustee's property.
9. This Agreement is made by Trustee and accepted by City upon
the express understanding that notwithstanding that all obligations of
Trustee under this agreement are and shall be fully (iUlforceable against the
Trust, and against and upon all property held in turst by Trustee, under said
Trust Agreement, nevertheless Trustee enters into this Agreement not
personally but as Trustee under First National Bank and Trust Company
of Dunedin, Trust Number 70895, and that (except in respect of the warranty
and representations hereinafter express) no pers onalliability is as sumed
nor shall be asserted or enforced against Trustee in its individual corporate
capacity because or on account of the making of this Agreement or anything
herein contained, all such liability, if any, being expressly waived by City,
nor shall Trustee be held personally liable upon any of the covenants of
this Agreement either express or implied, and Trustee shall not be liable
or obligated in its individual corporate capacity to City for failure to sequester
the trust property or the rents, issues and profits arising from any sale or other
disposition thereof; provided, however, that the Trustee hereby expressly
warrants that the pers ons executing this Agreement as its officers are duly
authorized so to do and to deliver this Agreement in its name and behalf
as such Trustee and that under and pursuant to the terms and provisions
of the trust agreement and deed in trust under which it is acting as: Trustee
as aforesaid, it is duly authorized and empowered to make and enter into
this Agreement.
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IN WITNESS WHEREOF, the parties have hereunto caused these
presents to be signed by their duly authorized officers and the day and
year first above written.
Approved as to
correctness:
y~~
City Attorney
Signed, sealed and
delivered in the presence of
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As to City
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As to Trustee
LORIDA
By
Attest:
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Deputy City Clerk
FIRST NATIONAL BANK AND TRUST
COMPANY OF DUNEDIN, AS TRUSTEE
AS AF7AlD .
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By /
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Officer
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EXHIBIT A
THIS INDENTURE~ made this
day of
, 1970,
between FIRST NATIONAL BANK AND TRUST COMPANY OF DUNEDIN,
a corporation duly orgariized and existing as a nati~nal banking association
under the laws of the United States of America, and duly authorized to accept
and execute trusts within the State of Florida, not persona11y but as Trustee
under tl~e provisions of a deed or deeds in trust duly recorded and delivered
to said national banking association in pursuance of a certain Trust Agree-
ment~ dated the 24th day of June~ 1968,. and known as Trust Nmnber 70895,
party of the first part, and CITY OF CLEAR"V A TER, FLORIDA, a
municipal corporation, party of the second part.
WITNESSETH, that said party of the first part~ in considerati.on of
the smn ofTen and no/IOO Dollars, and other good and valuable considerations
in hand paid, does hereby remise, release and quit-c1ai.1n unto said party
oI the second part, the followi.ng described real esta~e, situated in Pinellas
County, Florida, to-wit:
Start at the South East corner of the North East Quarter of the
South East Quarter of $ection 18, Township 29 South, Range
16 East and go North 890 20' 07" V.'est, 100.01' along the 40 acre
line to a point on the "Vest right-of-way line of U. S. Highway 19
for a point of beginning, thence go North 89,0 20' 07" "Vest, 932.72'
along the aforemeri~ioned 40 acre line; thence go North 010 201 05"
East, 50.00'; thence go South 890 20' 0.7" East, 982.48' to a point
on the aforementioned "Vest right-of-way line of U. S. Highway 19;
thence go South 010 03' 04" West, 50.00' along the aforementioned
West right-of-way line to the point of beginning;
together with the tenements and appurtenances thereunto belonging.
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TO HAVE AND TO HOLD the same unto said party of the second
part, and to the proper use, benefit and behoof, .forever, of said party
of the second part for public higlwray and publie utility purposes.
This deed is executed by the party of the first part, as Trustee, as
aforesaid, pursuant to and in the exercise of the power and authority
granted to and vested in it by the terlns of said Deed or Deeds in Trust and the
provisions of said Trust Agreement above mentioned, and of every other
-power and authority thereunto enabling. This d'eed is made subject to the
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liens of all trust deeds and/or mortgages upon said real estate, if any,.
recorded or registered in said county.
IN WITNESS \\THEREOF, said party of the first part has caused its
corporate seal to be hereto affixed, , and has caused its name to be signed
, to these presents b.y one of its Vice Presidents or its Assistant Vice Presidents
and attested by its Assistant Secretary, the day and year first above written.
FIRST NATIONAL BANK AND TRUST
COMPANY OF DUNEDIN, as Trustee,
as aforesaid, and not personally,
By .
Vice President
At"test
Asst. Secretary
Signed, sealed and delivered
in the presence of:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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1. the unc;lersigned Notary Public. hereby certify that on this
day of . 1969. before me personally appeared
and
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personally known to me to be the and
. respectively. of First National Bank
and Trust Company of Dunedin. a national banking association, as Trustee.
and who as' such officers of said corporation executed the foregoing. and
10 me severally acknowledged that they did execute said document as such
officers: of said corporation. in the ncune of and on behalf of and as the free
act and deed of said corporation. as Trustee, for the uses and purposes,
therein expressed. and with full authol~ity so to do. and that the seal
thereunto affixed is the true and genuine corporate seal of said corporation.
Witness ~y hand and official seal the date aforesaid.
Notary Public
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EXHIBIT B
All that tract or parcel of land lying and being in the County of
Pinellas and State of Florida described as follows, to wit:
Beginning at the Northeast corner of the Northeast Quarter of
the Southeast Quarter of Section 18, Township 29 South, Range
16 East; running thence North 89042'43" West a distance of
100.01 feet along the east-west centerline of said Section 18;
thence South 01003'04" West a distance of 150.00 feet to the
P. O. B.; thence continue South 01003104" West a distance of
1, 193. 21 feet along the wes te rly right of way line of U. S.
Highway No. 19 to the 40 acre line; thence North 89020'07"
W est a distance of 982. 72 feet along the said 40 acre line to a
point on the east line of the Florida Power Corp. tract as des-
cribed in Deed, filed April 20, 1962, in O. R. Book 1408, Page
735 as Clerk's Instrument No. 943168A, Pinellas County Records;
thence North 0 1 020 'OS" East along the east line of said Florida
Power Corp. tract, 889. 92 feet; thence North 0055119" East
along said east line of Florida Power Corp. tract, 396. 94 feet
to a point on the South right of way line of Gulf to Bay Boulevard
(State Road No. 60), which point is 50.00 feet south of the
east-west centerline of said Section 18; thence South 89042'43"
East a distance of 879.29 feet along said right of way line to a
point which is North 44020 '02" West a distance of 140.48 feet
from the P. O. B.; thence South 44020'02" East a distance of
140.48 feet to the P. O. B., LESS THE FOLLOWING DESCRIBED
PORTION THEREOF: Beginning at the Northeast corner of the
Northeast Quarter of the Southeast Quarter of Section J8, Township
29 South, Range 16 East; running thence North 89~ 42'43" West a
distance of 100. 01 feet along the east-west centerline of said Section
18; thence South 010 03'04" West, 150. 00 feet to a point on the
westerly right of way line of U. S. Highway No. 19 to a P. O. B. ;
thence continue South 01003104" West a distance of 700.00 feet along
the westerly right of way line of U. S. Highway No. 19; thence North
89042'43" West a distance of 800.00 feet; thence North OP 03'04"
East, 800.00 feet to a point on the south right of way line of Gulf to
Bay Boulevard (State Road No. 60), which point is 50. 00 feet south
of the east-west centerline of said Section 18; thence South 89042'43"
East, a distance of 700.00 feet along said south right of way line to
a point which is North 44020'02" West a distance of 140.48 feet from
the P. O. B. ; thence South 44020'02" East a distance of 140.48 feet
to the P. O. B. ; and except the following described part thereof:
Begin at the East quarter corner of Section 18, Township 29 South,
Range 16 East and run North 89042'43" West along the centerline of
State Road 60, said line also being the east-west one-half section line,
to a 40 acre corner; thence South 1000'21" West along the 40 acre line,
50.00 feet to a point on the south right of way line of State Road 60;
thence South 89042'43" East, along said south right of way line, 255.54
feet to the point of beginning; thence continue South 89042'431' East,
along said south right of way line, 149.29 feet; thence South 1003'04"
West, 396.94 feet; thence South 1003'04" West, 3.06 feet; thence
North 89041'42" West, 148.37 feet to a point on the Florida Power
Corporation easement line; thence North 1020105" East, along said
Florida Power Corporation easement line 3. 06 feet; thence North
00055'18" East, along said Florida Power Corporation easement line,
3 96. 94 feet to the point of beginning.