STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
,.
~ Prepared by:
Earl Barrett
City of Clearwater
Pos t Office 4748
Clearwater, Florida
I
INST # 94-353528
DEe 30, 1994 1:32PM I
34618-4748
PINELLAS
OFF.REC.BK 8~~gNTpYGFLA.
963
;;
::CORDING WP I : 711 7045
.2 if ?? SECTION/JOB : 15150-2566
County: ; Pinel lass
~R. : 55
______ Return Document To
Maria Carmen Hernandez
FLORIDA DEPT. OF TRANSPORTATION
., ~~ 11201 N. Malcolm McKinley Drive
A;?i ~ampa, Florida 33612 E
A S E MEN T
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to it, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom, the
City of Clearwater, Florida,
a Florida Municipal Corporation
P. O. Box 4748
Clearwater, Florida 34618-4748
does hereby grant and convey to the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION an easement over, under and across the following described
land, lying and being situate in the County of Pinellas, state of Florida, to
wit:
Parcel 811, Section 15150-2566, State Road 55, Pinellas County,
as legally described in Exhibit "A" (Parcel Identification Sheet)
and depicted in Exhibit "B" (Parcel Sketch), both attached hereto.
This easement is for drainage installation and maintenance.
The ST1\,TE OF .FLORIDA,DEP&~TMENTOF TRANSPORTATION, shall have the right
to enter upon the above-described premises and to construct, install and
maintain thereon any drainage facilities and to inspect and alter such
drainage facilities from time to time.
THE EASEMENT, rights and privileges herein granted shall be used only
for the purpose of drainage installation and maintenance as hereinafter
provided:
1. The easement granted herein shall be subject and subordinate to the
easement rights and privileges granted in that certain DRAINAGE EASEMENT
AGREEMENT as recorded in O.R. 6618, Pg. 2190, Public Records of Pinellas
County, Florida.
2. The easement granted herein shall not interfere with or otherwise
obstruct the Grantor's right to use the real property for any lawful purpose.
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PINELLAS COUNTY FLA.
OFF.REC.BK 8879 PG 964
3. The Grantee shall bear all costs incident to the installation,
maintenance and repair of drainage facilities as grantee may construct with
the easement area granted herein.
4. At all times during the term of this easement, the Grantee shall
maintain all of its structures, improvements, facilities, pipes and related
equipment located, installed or constructed within the easement area in a
safe and serviceable condition.
5. The Grantee shall be responsible to repair and restore the premises
after the installation of drainage facilities, or any future repair or
maintenance thereof, so that the premises are restored to their prior
condition, including but not limited to restoration of any landscaping or
natural habitat, as well as any improvements Grantor may reasonably construct
within the easement area granted herein. The Grantee hereby acknowledges and
agrees that any such improvements made by Grantor shall not constitute
encroachments, and that Grantee shall not seek to obtain any jUdicial order
requiring the removal of such improvements from the easement on the grounds
that the improvements constitute an encroachment.
6. The Grantee shall defend, indemnify and hold harmless the Grantor
from and against all claims, damages, losses and expenses, including
attorneys' fees, arising out of or resulting from the use by the Grantee of
the easement granted herein. with respect to any person not a party to this
grant of easement, this paragraph shall not be construed as a waiver or any
defense or limitation available to the Grantee or to the Grantor pursuant to
Section 768.28, Florida Statutes, as now in effect or as may be amended from
time to time.
7. This grant of easement shall run with the land and shall be binding
on and shall inure to the benefit of the parties, their successors and/or
assigns; provided, however, that the easement granted hereunder, shall
terminate when, or at such time as, the purposes hereof cease to exist, are
abandoned by Grantee, or become impossible of performance.
IN WITNESS WHEREOF, the CITY OF CLEARWATER, FLORIDA has caused these
presents to be duly executed by its proper officials thereunto authorized
this IS+- day of ~~ , 1994.
CITY OF CLEARWATER, FLORIDA
By: Elizabe~~D~a, City Manager
ATTEST:
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PINELLAS COUNTY FLA.
OFF.REC.BK 8879 PG 965
Page 3: Drainage Easement
City of Clearwater to state of Florida,
Department of Transportation
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be her free act and deed
for the use and purposes herein set forth, and who is personally known to me.
, , ''l/~ t'7'l + A
WITNESS my hand and offlclal seal thls~ day of ~ , 1994.
C~d~
No~ary Public r'l,F.1NK
Prlnt/type Name: ' CAROLYN L_ . '" .
1'lotary l"uu~~, :::'.~..- .-- .i lorIaa
~ comm. expires I,lay 22, 1995.
Comm. No. CC 111741
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula,
the City Manager of the City of Clearwater, Florida, who executed the
foregoing instrument and acknowledged the execution thereof to be her free
act and deed for the use and purpose herein set forth, and who is personally
known to me.
'Hv
WITNESS my hand and official seal this ~ day of
Notary Public (]~cif. ~
Print/type Name: CAROLYN L.6RIN.!< .
1'lotary rubl'h.:, :5("",,- ,,1 116"88
My comm. expires May 22, 1995
~ No. CC 111741
~
, 1994.
Approved as to form
and legal sufficiency:
/;4/J~f~C-(
Mile-s A.l tance
Assistant City Attorney
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1)INELLAS
OFF.fEe BK 8COUNTY FLA
. 879 PG 966
PARCEL INFORMATION SHEET
EXHIBIT "A"
SECTION 15150-2566
STATE ROAD 55
PINELLAS COUNTY
DESCRIPTION
PARCEL 811
PERMANENT EASEMENT
That part of:
The Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/ 4) of
Section 7, Township 29 South, Range 16 East, LESS AND EXCEPT the
right-of-way of U.S. Highway 19; also, LESS AND EXCEPT the following
described parcel of land to-wit: Beginning at the Southwest corner of
the NE1/4 of SE1/4 of Section 7, Township 29 South, Range 16 East;
thence North 89 degrees 52 minutes 03 seconds East, along the South
boundary of said NE1/4 of SE1/4, 239.10 feet to a point that is 175.00
feet Easterly of and at right angle to the center line of Florida Power
Corporation's existing Higgins-Disston 110 KV transmission line; thence
North 0 degrees 23 minutes 18 seconds East, parallel to said existing
center line, 1153.54 feet; thence North 0 degrees 24 minutes 38 seconds
East, parallel to said existing center line, 193.08 feet to a point on
the North boundary of said NE1/4 of SE1/4; thence South 89 degrees 41
minutes 38 seconds West, along said North boundary, 236.29 feet to the
Northwest corner of said NE1/4 of SE1/4, thence South 0 degrees 30
minutes 40 seconds West along the West boundary of said NE1/4 of SE1/4,
1345.95 feet to the Point of Beginning: situate, lying and being in the
County of Pinellas, State of Florida. '
Lying within the following described boundary, to-wit:
Commence at a 5/8" iron rod no. LB-33 marking the Southwest corner of
the Southeast 1/4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, run thence S.89039'46"E., a distance of
2,671.71 feet along the South boundary of the Southwest 1/4 of said
Section 7 to the Southeast corner thereof; thence N. 00054' 50" E., a
distance of 1,350.60 feet along the East boundary of, the Southeast 1/4
of said Section 7i thence N.89050'51"W., a distance of 100.01 feet to
the existing West right-of-way line of u.S. #19; thence N.00054'50''E.,
along said West right-of-way line, a distance of 85.06"feet tG the
POINT OF BEGINNING; thence continue N.00054'50"E., along said West
right-of-way line, a distance of 20.00 feet; thence N.89005'10"W., a
distance of 20.00 feet; thence S.00054'50"W., a distance of 20.00 feet;
thence S.89005'10"E., a distance of 20.00 feet to the POINT OF
BEGINNING.
containing 400 square feet, more or less.
PARCEL 811
PAGE 1
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