THE CENTER FOUNDATION-THE PINELLAS COMMUNITY CENTER-SALVATION ARMY
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INS":,el# 97-093942
APR 47 1997 2:53PM
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EASEMENT
PINELLAS . COUNTY FLA
OFF.REC.BK 9663 PG .
192
~ THIS~NDENTURE, made and entered into this
~ day of N~~ 1996, by and among the City of
Clearwater, Florida, a municipal corporation
("City"), 112 South Osceola Avenue, Clearwater,
Florida 34616, ("Grantor") joined by both The Center
Foundation, Inc., f/k/a Clearwater Youth Recreation
Center, Inc., a Florida non-profit corporation
("Foundation"), and The Pinellas Community Center,
Inc., a Florida non-profit corporation, d/b/a The
Long Center ("Long Center"), 1501 North Belcher
Road, Suite 225, Clearwater, Florida 34625, and The
Salvation Army, a Georgia corporation, its succes-
11 RECOADINltiors and assigns, 1625 North Belcher Road, Clearwa-
A, ccY~!~er, Florida 34625 ("Orantee"),
CODE, _
REC / . WIT N E SSE T H:
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This Easement is a grant of easement made for the extension of Gran-
tee's storm water treatment facilities, which extension shall be designed,
constructed, and maintained in compliance with the requirements of the City of
Clearwater, Florida; Pinellas County, Florida; and the Southwest Florida Water
Management District, as provided in City Building Permit #97030675 issued by
the City of Clearwater and in SWFMD Permit #444107.01 issued by the Southwest
Florida Water Management District.
To have and to hold the Easement, together with all necessary rights
and privileges incidental to the use and enjoyment of such easement.
The rights herein granted to Grantee by Grantor specifically include:
(a) the right for Grantee to patrol, inspect, install, alter, improve, oper-
ate, maintain, repair, rebuild, relocate, monitor, and protect the drainage
improvements; (b) the right for Grantee to change the quantity and type of
drainage improvements; (c) the right for Grantee to clear the Easement of
trees, limbs, undergrowth, and other physical objects which, in the opinion of
Grantee and/or the other governmental and permitting authorities having
jurisdiction, endanger or interfere with the safe and efficient installation,
operation or maintenance of drainage improvements; (d) the reasonable right
for Grantee to enter upon Grantor's land adjacent to the Easement for the
purpose of exercising the rights herein granted; and (e) all other rights and
privileges reasonably necessary for Grantee's safe and efficient site work
preparation and installation, operation and maintenance of said drainage
improvements and the enjoyment and use of the Easement for the purposes herein
described, reserving unto Grantor all excess treatment storage volume and
attenuation credit banking.
As a condition of the grant of this Easement and as an affirmative
covenant running with the land, it shall be Grantee's obligation to pay for
all costs incurred in connection with the grant and maintenance of this Ease-
ment, and Grantee shall hold harmless and indemnify Grantor, the Foundation,
and the Long Center from any claim or demand arising from or made in connec-
tion with the design, construction, installation,.9peraticn, maintenan'ce, and
repair, replacement, or removalof-theuEasement improvements made by Grantee.
In the event Grantee fails to perform any of the covenants stated herein,
Grantor reserves the right, at its sole discretion, to terminate this Ease-
ment, and, in the event of such termination, Grantee shall to the extent
required by Grantor restore the Easement to its condition as of the date of
this Agreement.
All covenants, terms, provisions, and conditions shall inure to the
benefit of and shall bind the successors and assigns of the parties.
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1<-018
PREPARED BY AND >g;mR1IJCIlQ:
Sally H. Foote, Esq.
Thompson & Foote, P.A.
1150 Cleveland Street, Suite 301
Clearwater, Florida 34615
RETURN TO:
City Attorney's Office
P.O. Box 4748
Clearwater, FL 34618
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~ ill the .files, orU;ieCity vi;; ::
GeaIWafer. ,~tne~~y. ~~,
of:fioial ieal or ~ C~ty of Cleanva,ter.
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IASIHlNT by and between
City ot Cl.arwat.r, Florida (-Grantor"),
and The salvation Army (MCrant.e")
'Aa. 2
I
PINELLAS COUNTY FLA.
OFF.REC.BK 9663 PG 193
IN WI~KESS WHEREOF, the parties have hereunto caused theBe presents to
be .ignad and .wal~d the day and year first above written.
_- <_lCorpolC'~t,a S~~)
-.. _.~
Atte~t~. ~~
pr 11\1;. . ~ E.
- .ty C e"k
~pproved .. to form and
co~~aatn....
Z ~ City Attorney
, (corporata Seal)
- AtteliJtl
- Pc inti,
..........-. /
S1gned, ..a ftl1 and de~ivlllred
in the pr..~ne. ~fl
Print .,' AI2t#;,/J1I!;;;;
prln~~~
(Corporate Seal)
Atte.t.
Print
s.eretary
..aled and delivered
e.enae ota
(Corporate s.al)
Atte.ta
Print
Secretary
81gned, .aalad and delivered
btb;;j!Ce of.
~ . Ie {~
P~~J ~'-r
CITY OF CLEARWATER, FLORIDA, a mu-
nicipal corporation
;~lnt. ~v~z;:: ~V~/~
City Hanager
R
THE SALVATION ARMY, a Georgia
corpor,ation
.Y'~ET~O~T ~
NO., f/k/a
on center,
it corpora-
THB PINELLAS COMMUNIT'lI' CB:NTB:a,
INC., a Florida non-profit corpo-
ration, dl lal The Lo Center
STAT. OW FLORID~
COUNTY OJ' P:tOLLAS
^J The fo~e9oin9 instrument was acknowledged before me this 26tlday of
f"()'V' , 1996, by .
f.'
~c
- 'I
I PINELLAS
,FF.REC.BK COUNTY FLA
-~~~~ 9663 PG 194
. '
EASEMER'1' by and between
City of Cl.arwate~, rlorida ("Grantor"),
and The salvation Army ("Graptee")
PAOJ: 3
clerk, City
Clearwater,
all of whom
as
My oomMi..ion Bxpir..l
sill~ture: Cct.,V O(,r Cif. ~
print N8IIl8:
NOTARY PUBLIC - Stat. of Flor~da
sedal No. (if a~)p" CAIilOl'Oi L. BRINK
~:&~6 COMMISSION # CC 463040
<fl. so EXPIRES MAY 22,1999
~~ ~ BONDED THRU
.'t"OF f\'~ ATLANTIC BONDING CO., INC.
STATZ OW GCDrq{/)J
COUNTY or. 'buJOlnl If' .
JitN The foeoqoinQ in.trument w.. AcknowledQed b.for. me thi. ~AY of
SAL~~Aiu&y~9~6o.::9ia corpor&1:~,N'tl,H~Pl ~~~fr-oorporatiC:n, o~hoT~:
~oO.lLY known to ane.o~ h.. predtleC;ul
-;;...~Aiin~ .l~n. V: : (/) . _
SfllNture: (7'U.;q~)
Print Nlme:~J<f-A fr.41.J..I)L~
NOTARY PUBLIC - State of Florida
serial No. (if any)
NoIIIY Ntc. Gw\nn8tt CoUnty, GtNt\ib
My Commlsslon ExpIres Dec. 4, 1998
- -:
Xy__~1~_0'1.an,::Bxpir..'
STAT. OW ft.ORIDA
OOUNl'Y OW PINBLLAS
J)..
"A nTh~OJ:.90ing i.n.trulllent wag acknowledged before me thh .:l.. r.:. '(fay of
, r ~ , 1996, by Kenneth Cherven a.ul , a., pJ:'fl8ident &A4
s.,a:atary, r88peeth-ely, of THE CENTER FoUNDATION, INC., t/k/a Clearwater
Youth ReQ~Qation Cent.r,~nc., a rlorida non-p~ofit corporation, on behalf of
.aid corporation, who rBonally known to me. Dr ha'-e plteehsses
Slgnllture.
Print NIII\le; ~~ H- ~,r(jlV'
NOTARY PUBLIC - State of Florida
Serial NO. (if any)
SALLY H. FOOTE
MY COMMISSION II CC 251835
~: EXPIRES: January 7, 1997
'.,.' Bonded TIuu Notary PublIc \JnderwrllllS
My ~i..ion .xpire.,
STATE or 'LORIDA
COUNTY OF PINKLLAS
CP
~A ~he ~r.9oing instrument was ac~nowled9Bd before me th!. ol~ay of
-,~ 1996, by William D. aepper, Jr., agd '
.. pr..ldent. aftd ie$~eiia..y, If.spe.U,--ely, of THE PINELLAS COMMUNITY CENTER,
INC., a Florida non-prOfit corporation, on behalf of said. corporation, who ~""';1l1..6
personally known to, me", ,... ~.... pr.., ~e8"~,,, , ."'"
a. i<<.&e!fiea~leR. ~ _=
Signature:
.,'}~f..~'rt.;;.,. SALLY H. FOOTE, " .
f:f,"'@."{~ MY COMMISSION II CC 251835 print Nllme: lid
~:~,:.,i EXPIRES: January 7,1997 NOTARY' PUBLIC -
"J.{c;;f\~~" BondedTluuNotaryPubticUnderwr\ta18 serial No. (i
",.,,-
of Florida
My comml..ion Expire..
1M' :mJII
IHF\SAL.ARMY\ElSEMNT2.Cl~
"
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'1
1 PINELLAS COUNTY FLA.
OrF.REC.BK 9663 PG 195
:
EASEMENT by and between
City of Clearwater, Florida ("Grantor")
and The Salvation Army ("Grantee")
PAGE 4
EXHIBIT A
Easement
A parcel of land lying in the NW 1/4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
COMMENCING at the Northwest corner of Section 7, Township 29 South Range 16 East,
said Northwest corner being monumented by a Pinellas County Engineering Department
brass disk, thence S 89052'55" E, along the North line of said Section a distance of
55.00 feet to the Easterly right-of-way of Belcher Road; thence S 00019'58" E, along
said Easterly right-of-way, a distance of 480.50 feet to a point having a bearing of
N 89052'55" W from the center of a sanitary manhole 390.04 feet distant to the East;
thence S 89052'55" E, being parallel with the North line of said Section, 390.04 to
the center of said manhole; thence continue S 89052'55" E, 75.00 feet to the Point
of Beginning; thence continuing S 89052' 55" E, 199.79 feet to the thread of Alligator
Creek; thence along the thread of said creek the following three (3) courses: S
15015'47" E, 30.37 feet; S 23027'59" E, 21.92 feet; S 28053'05" E, 30.37 feet; thence
N 89052'55" W, 115.00 feet; thence N 56038'14" W, 138.51 feet to the Point of
Beginning.
NOTE: The Warranty Deed by which The Salvation Army took title to the
property described in Exhibit B dated June 11, 1986, and recorded in
O.R. Book 6247, Page 1429, of the Public Records of Pinellas County,
Florida ("Salvation Army Property"), describes a bearing of S 00019'58"
E from the Easterly right-of-way of Belcher Road so that the Southern
boundary of the Salvation Army Property is described with a bearing of
S 89052' 55" E. The Lease Agreement by and between the City of Clear-
water, Florida, and the Center Foundation, Inc., f/k/a Clearwater Youth
Recreation Center, Inc., dated December 29, 1986, and recorded in O.R.
Book 7298, Page 283, of the Public Records of Pinellas County, Florida,
describes a bearing of S 00004'51" E from the Easterly right-of-way of
Belcher Road so that the Northern boundary of the property owned by the
City of Clearwater is described with a bearing of S 89035'50" E. The
Southern boundary of the Salvation Army Property and the Northern
boundary of the City of Clearwater property is a common boundary so the
legal description of this easement adopts for the common boundary line
a bearing of S 89052'55" E which causes the Northern boundary line of
the Easement to be identical to the Southern boundary line of the
Salvation Army Property.
EXHIBIT B
Salvation Army Property
A parcel of land lying in the Northwest 1/4 of the Northwest 1/4 of Section 7,
Township 29 South, Range 16 East, Pinellas County, Florida, being more specifically
described as follows:
COMMENCING at the Northwest corner of said Section, being monumented by a Pinellas
County Engineering Department brass disk; thence S 89052'55" E, along the North line
of said Section, a distance of 55.00 feet, to the East right-of-way of Belcher Road,
to the Point of Beginning.
THENCE S 00019'58" E, along the East right-of-way line of Belcher Road, a distance
of 480.50 feet to a point having a bearing of N 89052'55" W, from the center of a
sanitary manhole 390.04 feet distant to the East.
THENCE S 89052'55" E, being parallel with the North line of said Section 390.04 feet
to the center of said manhole.
THENCE continuing S 89052'55" E, a distance of 274.29 feet to the thread of Alligator
Creek.
-
THENCE Northerly, alongthe...thread-of. saId creek, the following calls:
BEARING
N 13057'19" W
N 00003'17" W
N 05052'59" E
N 17034'46" E
N 08048'23" E
N 03026'47" W
N 02020'38" W
to the North line of said Section.
DISTANCE
19.23'
52.23'
46.93'
56.12'
92.03'
121. 60'
97.13'
THENCE N 89052'55" W, along the North line of said Section, a distance of 687.00
feet, to the Point of Beginning.