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BOARD OF TRUSTEES OF ST PETERSBURG COLLEGEc.( Return Jo: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 18-29-16-00000-120-0100 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010176139 06/2312010 at 02:41 PM OFF REc BK: 16953 PG: 2400-2403 DoCType:EAS RECORDING: $35.50 D DOC STAMP: $0.70 DRAINAGE & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Ten and --- No/100's --- Dollars ($10.00) in hand paid, the receipt of which is hereby. acknowledged, and the benefits to be derived therefrom, BOARD OF TRUSTEES OF ST. PETERSBURG COLLEGE, P. O Box 13489, St. Petersburg, Fl. 33733-3489 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A 25-FOOT DRAINAGE AND UTILITIES EASEMENT over, under, across and though a portion of the Northeast '/4 of Section 18, Township 29 South Range 16 East Pinellas County, Florida, as legally described depicted in EXHIBIT "A", pages 1 - 2, appended hereto and b this reference made a art hereof "Easement Premises" This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to construct, install and maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater improvements and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants with Grantor that it shall maintain reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement Premises, and any contiguous portion of Grantor's property impacted by project activities, upon completion of any project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and 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 non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or occupation of the Easement Premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. U:\Easements\ST. PETERSBURG COLLEGE D & U EASE 0110.doc In the event Grantor, his heirs, successors or assigns, should ever determine it necessary to relocate the service facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, his heirs, successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for Grantee's facilities, and shall at Grantor's, his heirs, successors or assigns sole cost and expense reconstruct the facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding upon the Grantor, the Grantee, their respective heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this tti day of Q 2010. Signed, sealed and delivered in t" presence of: W TNESS signature irnbgrl: 2. oliyPY• Prin Witness Nama ?-- l I SS signature Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS 1*1 BOARD OF TRUSTEES OF ST. PETERSBURG COLLEGE By. ti11 _J Print Name Title ,,. ollege President & Secretary to fFier ??,?rrt of Trustees The foregoing instrument was acknowledged before me this /4Lday of 2010 by ,whom being duly authorized, executed the foregoing instrum o alf of said institution, and who acknowledged the execution thereof to be h Is free act and deed for the use and purposes therein set forth, and who [ X ] is personally known to me, or [ ] who provided AIIA as identification. No ai5ublic - State of Florida a#7P-/Q r Type/Print Name My commission expires: ,e-P% PAMELA S. SMITH MY COMMISSION a 6W7M ' sT EVIRES: AuVM 07, 2M ,urr Fl. NOWY WAMOM Aix QK U:\Easements\ST. PETERSBURG COLLEGE D & U EASE 0110.doc r' LEGAL DESCRIPTION / DRAINAGE & UTILITIES EASEMENT BASIS OF BEARING REFERENCE: S89°38'49" E, ALONG THE NORTH BOUNDARY LINE OF THE NORTHEAST '/a OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, PER OFFICIAL RECORD BOOK #2882, PAGES #68 & #69, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE S8903849"E, ALONG THE NORTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 32.42 FEET; THENCE S00025'31"W, A DISTANCE OF 535.00 FEET, TO THE POINT OF BEGINNING; THENCE S00°25'31"W, ALONG THE EAST BOUNDARY LINE OF EASTWOOD TERRACE THIRD ADDITION SUBDIVISION, PLAT BOOK #51, PAGE 65, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 806.24 FEET, TO A POINT OF INTERSECTION WITH THE NORTH BOUNDARY LINE OF LOT #19, BLOCK (D), GULF TO BAY ACRES FIRST ADDITION SUBDIVISION, PLAT BOOK #52, PAGE #55, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S89038'32"E, ALONG SAID NORTH BOUNDARY LINE OF LOT #19, BLOCK (D), A DISTANCE OF 25.00 FEET; THENCE N00025'31"E, ALONG A LINE PARALLEL WITH SAID EAST BOUNDARY LINE OF EASTWOOD TERRACE THIRD ADDITION SUBDIVISION, A DISTANCE OF 806.24 FEET; THENCE N89°38'49"W, ALONG A LINE PARALLEL WITH SAID NORTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SECTION 18, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. DREW STREET I3 / o I k) a to a N Ln 0 LO IN 125' w U w Q 0 0 w W z Q O 0 3 2 DRIVE N I (G LO I 00 r-O !i r L J O I ? I 0 Q w Q W I QI r4 I N co 00 S 89'38'49" E 32.42' - EXHIBIT "A" aggfhkl, N. Boundary Line NORTH P. o. C. N.W. Comer of N.E. 1/4 I I I Section 18/29/16 I I I ' O.S. N tC 0 00 w M In N 0 0 z EASTWOOD DRIVE I 25' S 89'38'32" E 25.00' N. Boundaryy Lne GULF TO HAY ACRES Q 19 1st ADDITION 52-55 PARKING r------_-----L-' ( ? ?rwsa. I N 89'38'49" W ~ ?) I 25.00' _ I I L--? L-------- I L L _ J ------ This is not a survey I I I ? I ? Z iv' a I cO I I I I ??---------------------- -1