JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY
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LAW OFFICES
! HOWELL & DEAS, P.A.
SUITE 606
1000 RIVERSIDE AVENUE
JACKSONVILLE, FLORIDA 32204
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80133253
I n.R.5 0 6 7 F~GE
SPECIAL WARRANTY DEED
THIS INDENTURE, made this 1st day of August, 1980,
between JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a
Massachusetts corporation, of the County of Suffolk, Common-
wealth of Massachusetts (hereinafter sometimes referred to
as "Grantor"), and CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (hereinafter sometimes referred to as
"Grantee"), whose mailing addressisp. o. Box 4748, Clear-
water, Florida 33518, __ __
14 '43::0589 n
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WIT N E SSE T H:
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That Grantor, for and in consideration of the sum of
$10.00 to it in hand paid by Grant.ee, the receipt whereof is
hereby acknowledged, has granted, bargained, and sold to
Grantee, i tssuccessors and assigns forever , .the land,
situate, lying and being in the county of Pinellas, State of
Florida, which is more particularly described in Exhibit "A"
which is attached hereto and is, by this reference, made a
part hereof (hereinafter sometimes referred to as the "Land").
SUBJECT to all covenants, restrictions, reservations,
easements, liens, security interests, mortgages, encumbrances,
agreements and conditions of record, if any, and taxes
accruing subsequent to December 31, 1979.
The conveyance of the Land by Grantor to Grantee is
made subject to and in consideration of the following specific
covenants, restrictions, reservations, duties, and rights,
all of which shall constitute covenants, restrictions,
reservations, duties, and rights running with the Land,
binding upon Grantee, and all persons, bodies, or other
entities deraigning title through Grantee, and inuring to
the benefit of and enforceable by Grantor, and its successors,
grantees, and assigns for a period of fifty years from the
date this Special Warranty Deed is recorded; and Grantee, by
its acceptance and recordation hereof, hereby agrees as
follows:
1. That the Land shall be used solely and exclusively
for purposes of constructing and maintaining thereon an
asphalt surfaced, properly curbed and drained access road
(utilizing, to the extent applicable, .the presently private
road which occupies a portion of the Land) to be utilized,
solely and exclusively, as a public right-of-way for surface
vehicular and pedestrian ingress, egress, and access (herein-
after sometimes referred to as the "Roadway").
2. That no structure of a temporary character, such as
a trailer or shack, shall be constructed or erected on the
Land at any time except incident to the construction of the
Roadway.
3. That Grantee shall promptly and expeditiously
construct and thereafter maintain the Roadway on the Land,
at its sole and exclusive expense, in accordance with Grantee's
specifications, requirements, ordinances, and general engineer-
ing policies as may then prevail for similar right-of-ways.
4. That Grantee also agrees to install and maintain,
at its sole and exclusive expense, at an appropriate location
to be designated by Grantor, a stop sign on the Land so as
to obviate a potential traffic hazard arising out of the
usage of the Roadway.
This
instrument was prepared by:
William J. Deas
Howell & Deas, P.A.
P.O. Box 40063
Jacksonville, FL 32203
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I.R..5067 PAGE 791
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Should the Roadway not be constructed on the Land in a
timely fashion, or should the Roadway not be operated as
such, or should any of the terms, conditions, requirements,
and limitations of Paragraphs 1, 2, and 3, supra, or any of
them, be violated, then, and in such event, all title in and
to the Land conveyed herein and hereby unto Grantee shall
automatically and immediately revert to Grantor or its
successors, grantees, or assigns, and Grantee shall thereupon
automatically, without the need for any further action on
behalf of Grantor, forfeit all right, title, and interest in
and to the Land.
In addition to the aforesaid right of reversion, any of
the covenants, restrictions, reservations, duties and rights
set forth in Paragraphs 1, 2, 3 and 4, supra, may be enforced
by action against any person, body, or other entity violating
or attempting to violate any of said covenants, restrictions,
reservations, duties and rights, either to restrain said
violation or attempted violation, or to recover damages.
The party bringing such action shall be entitled to recover,
in addition to all costs and damages allowed by law, such
sum as the court may adjudge to be reasonable for the services
of its attorney, including services in any appellate proceeding
or proceedings.
Invalidation of any of these covenants, restrictions,
reservations, duties and rights, by judgment or court order,
shall not affect any of the other covenants, restrictions,
reservations, duties and rights, or any portion thereof, all
of which remain in full force and effect.
And Grantor does hereby fully warrant the title to the
Land and will defend the same against the lawful claims of
all parties, whomsoever, claiming, by, through, or under
Grantor, but not otherwise.
IN WITNESS WHEREOF, Grantor has caused this spec~~l
Warranty Deed to be executed the day and year firsta]::)oye
written.
Signed and sealed
in the presence of:
By
Attest:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
The foregoing instrument was acknowledged before me this
1st day of August , 1980, by C. G. Richert and
John L. Brown , aSVice President and Assistant Secretary of 0:000
Hancock Mutual Life Insurance Company, a Massachl;!setts
corporation, on behalf of the corporation.
LAW OFFICES
HOWELL & DEAS, P.A.
SUITE 606
1000 RIVERSIDE AVENUE
JACKSONVI LLE, FLOR I DA 32204
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D.R. 5067 fAO(
792
J/7c:
Exhibit "A"
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That certain piece, parcel or tract of land lying
situate and being in Pinellas County, Florida, and
being more particularly described as follows:
Beginning at the West one quarter (1/4) corner of
Section 20, Township 29 South, Range 16 East, Pinellas
County, Florida, thence run South 89029'09" East
along the East-West center line of said Section 20
a distance of 100 feet more or less to a point on
the Easterly right-of-way line of U. S. Highway 19
as and for a Point Of Beginning.
From said Point Of Beginning thence run North 00052'25"
East a distance of 514.38 feet along said Easterly
right-of-way line; thence run South 89014'26" East
a distance of 49 feet; thence run South 00052'25"
West a distance of 514.17 feet more or less to a
point on the East-West center line of said Section
20; thence run North 89029'09" West a distance of
49 feet more or less along said East-West center
line of Section 20 to the Point Of Beginning.
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LAW OFFICES
HOWELL & DEAS, P.A.
SUITE 606
1000 RIVERSIDE AVENUE
JACKSONVI LLE, FLORIDA 32204