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SCHOOL BOARD OF PINELLAS COUNTY . 't-- 1 I INST # 88-147835 I - MAY 12 18 -----------'--~~~ Prepared by & return to: Earl Barrett Real Estate Services Mgr. City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 iv f\..A, CO\JN 1 322 flNS\..\..AS10092_~~------ r- RSC, 8~____----- Ofr '/__// I~.O c::L '(6-0 PUBLIC ACCESS AND RIGHT-OF-WAY EASEMENT 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, 0/, SCHOOL BOARD ,OF PINELLAS COUNTY, FLORIDA C/O Real Property Management tr!:! I""\jA 11111 South Belcher Road ~ '1..:;;.-- ~'-'r- Largo, Florida 34643 as GRANTOR, does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, as GRANTEE, its licensees, agents, successors and assigns forever, for the use of the general public, a non-exclusive easement for the purposes herein expressed, over, under and across the following described land, lying and being situate in the City of Clearwater, County of Pinellas, State of Florida, to wit: A PORTION OF THE SW ~ OF THE SE ~ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, BEING MORE PARTICULARLY AS FOLLOWS: COMMENCE AT THE SOUTH ~ CORNER OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S890 41' 09"E, 487.83 FEET; THENCE NOl025'54" E, 1302.22 FEET, TO THE POINT OF BEGINNING; THENCE N73026'18"W, 61.11 FEET, TO A POINT ON A LINE 2 0 FEE T SOUTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE N89035' 06"W, ALONG SAID LINE, 428.85 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ~ OF THE SOUTHEAST ~ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE NOl025'49"E, ALONG SAID LINE, 20.00 FEET, TO THE SOUTHEAST CORNER OF THE NORTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S89035'06"E, ALONG THE SOUTH LINE OF THE NORTHEAST ~ OF THE SOUTHWEST ~ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, 487.85 FEET; THENCE SOl 025' 54"W, 37.00 FEET, TO THE POINT OF BEGINNING. [DEPICTED IN EXHIBIT \Ill" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE] /1 '-O/l~:' '_/~ : /'./.~ (.I., l \../ I t OFF~~~~L~:S COUNTY FLA, ~------ ' 10082 PG 2323 Page 2 - Access & Right-of-Way Easement RE: Eisenhower Elementary School Grantor: Pinellas County School Board Grantee: City of Clearwater, Florida The easement rights granted herein shall be for the purposes of providing public access and right-of-way for pedestrians and non- motorized vehicles to the City of Clearwater East-West Recreation Trail. GRANTEE shall install and maintain at its sole cost and expense, and in accordance with plans submitted to and approved by the GRANTOR, a paved trail facility, landscaping and such other surface improvements reasonably necessary, in the sole judgment of GRANTEE, to provide maximum benefit to the general public, as well as the Eisenhower School cormnunity. In consideration of the easement rights granted herein by the GRANTOR, and in association with the improvements to be made within the easement premises, GRANTEE shall cause to be constructed and/or installed therein the following specific improvements: a. The existing concrete step providing northerly access to the Eisenhower School grounds shall be removed and be replaced with a smoothly transitioned access way. b. Prior to constructing recreation trail facilities, GRANTEE shall remove existing four foot (4') fence and construct a new six foot (6') chain link fence, with appropriate gate, irmnediately abutting the southerly boundary of the easement premises. c. Not later than completion of trail construction, GRANTEE shall provide and plant up to sixteen live oak trees being a minimum of three inches (3") caliper six inches (6") above ground level, southerly of the newly constructed fence as directed by appropriate school officials. GRANTEE shall cause the newly installed trees to be manually watered on a regular watering schedule during the first thirty (30) days following planting. GRANTOR assumes all responsibility for the care and maintenance of the trees thereafter. It is expressly understood and agreed that GRANTOR reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the GRANTOR, the GRANTEE, their heirs, successors and assigns. The rights herein granted herein shall be perpetual and irrevocable except by the written mutual agreement of both parties, or by abandonment of the easement premises by the GRANTEE. I Page 3 - Access & Right-of-Way Easement RE: Eisenhower Elementary School Grantor: Pinellas County School Board Grantee: City of Clearwater, Florida I NTY FLR. PINELLRS ~~~2 PG 2324 ~ OFF ,REr:_'~~. 1_____________----- IN WITNESS WHEREOF, the GRANTOR has caused this public right-of- way easement to be executed in its name by its undersigned duly authorized officers this ~ day of ~().n uo...r- '1 ' 1998. Signed, sealed and delivered in the presence of: ~ WITNESS D -eb 0 ra h '---a Yl d; Y) Print witness name ~i~~~ ~h~r\~a~Mt1m~r7 Print wit ess na App STATE OF FLORIDA :ss COUNTY OF PINELLAS SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By: The foregoing instrument was acknowledged before me this 13 day of ~0o-.{' 4 1998 by Lucile O. Casey, Chairman of the PINELLAS COUNTY SCHOOL BOARD, Pinellas County, Florida, who, being duly authorized, executed the foregoing instrument on behalf of said school board, and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. flll :~Il~. ) 1. ~~p~b~ic - ~ Type/Print name Sh ( rl4' 't c..- f>?onl-seJYt4..; [~Personally Known [ ] Produced Identification Type of Identification Produced ,l'~~'fit-.. SHIRLEY E. MONTGOMERY f*rJiJ....f.~ ts{ COMMISSION /I CC385969 EXPIRES ~"~:Q" Augusl20, 1998 ~'~i'FI' 'r.' \1..$'- BONDED THRU TROY FAIN INSURANCE. INC. '1 11\\" ~ l . I tINELLAS COUNTY FLA . -~~-~~~-~~_~~Y~_~~25 Page 4 - Access & Right-of-Way Easement RE: Eisenhower Elementary School Grantor: Pinellas County School Board Grantee: City of Clearwater, Florida STATE OF FLORIDA :ss COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 13 day of .Jo..n UD...r ~ ' 1998 by J. Howard Hinesley, Ex-officio Secretary of the PINELLAS COUNTY SCHOOL BOARD, Pinellas County, Florida, who, being duly authorized, executed the foregoing instrument on behalf of said school board, and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth. /) !h J ~O 1A ~. 1M /to-.. ~ iJ~blii - st;t~~~~ Type/Print nameSh~ rI~f.t 6.., fY1-nn 1--00YY)e.~'f."'" SHIRLEYE.MONTGOMERY - /' ( ?*V 18 ,*% MY COMMISSION # CC385969 EXPIRES [......r- Personally Known ~'..'1 August20.199B [ ] Produced Identification "~ ' BONllEDTHRUTROYFAININSURANCE,INC. Type of Identification Produced Eisenhower Trail Eas. 0298ewb " I, ( .Ii". . , I ~ ~@~LJ[g] , PINELLAS COUNTY FLA r - 0_ LRECS,,- 1009_2 PG 2328__ Note: This is not 0 survey! ;u 01. -.r0 . 0 I{). NO 'N o Z - o -.r ......... ~ (J) '0 Ql c: :::i ~ SE Cor of NE 1/4 of SW 1/4 of See 8-29-16 EXHIBIT "A' CD ~ I 01 N I co () Ql (J) - o -.r ......... lLJ (J) EISENHOWER ELEMENTARY SCHOOL ~ .N I{)N inN N 0 :-n o ~ z S 1/4 Cor See 8-29-16 DREW ST S8904,'09"E 487.83' P.O.8.