DAVID BILGORE & CO INC
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E A S E MEN T
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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, DAVID BILGORE & CO. INC., a Florida
Corporation, does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA, an easement over, under and across the following described land,
lying and being situate in the County of Pinellas, State of Florida,
to wit::
Upon formal acceptance of this easement by the Clearwater City
Commission, the City hereby agrees to pay to DAVID BILGORE & CO., INC.,
the lump sum of Five Thousand ($5,000.00) Dollars for damages (including
citrus trees destroyed or damaged) incurred by the construction of the
sanitary transmission line for which this easement is granted.
Begin at the center of Section 9, Township 29S, Range 16E;
thence N 0007'43" E along the north-south 1/1 section line, 735.00'
to the true P.O.B., continue thence N 0007'43" E along the north-
south 1/2 section line, 10.00'; thence the following courses and
distances: N 89014'39" W, 390.54'; N 55047'55" W, 244.79';
N 43006'59" W, 537.30'; N 55028'04" W, 106.88'; thence S 87043'51" W
286.40' to a point on the center north-south 40 acre line of the
W 1/2 of said Section 9, which point bears N 0007'12" E along said
40 acre line, 1,315.15' from the east-west 1/2 section line of
said Section 9; thence S 0007'12" W along said 40 acre line 10.01';
thence N 87043'51E, 283.50'; thence the following courses and
distances S 55028'04" E, 102.48'; S 43006'59" E, 537.32';
S 55047'55" E, 248.89'; thence S 89014'39" E, 393.64' to the true
P.O.B., and excepting that portion thereof lying within the right
of way of State Road 593 (Haines Road).
Restoration shall be made as set forth in Addendum # 1 to easement
attached hereto and made a part hereof by reference.
This easement being for sanitary sewer installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon
the above described premises and to construct, install and maintain
thereon any sanitary sewer line and to inspect and alter such sanitary
sewer line from time to time.
IN WITNESS WHEREOF, the party hereto has set its hand and seal this
16th day of January , 19~.
Signed, sealed and delivered
in the presence of:
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COUNT.x:~Qr- PINELLAS )
CO. INC.
By
Attest:
s reSl ent
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Before me, the undersigned authority, this day personally appeared
Morris Bilgare and Jules W. Bragin
to me well known and known to me to be the individuals descrlbe~ 1n ~nd
who executed the foregoing instrument as its President andit~".Se~y3e:ta-f}1
respectively, of the Corporation named in the foregoing ins~n)e~l!.i"~i?t,
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O.R 1854 PACt 228
and they severally acknowledged to and before me that they executed said
instrument on behalf of and in the name of said corporation as such officers;
that the seal affixed to said instrument is the corporate seal of said corpora-
tion and that it was affixed thereto by due and regular corporate authority;
that they are duly authorized by said corporation to execute said instrument
and that said instrument is the free act and deed of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my (i)Uicial
seal this 16th day of JANUARY , A. D. 19l4. ..J..
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My Commission expires:
R~tary Public, State of Flmida at larg~
My Commiss::m Lpir05 Uy i9, 1967
P_l?,o.d~d lSy Amefl,an f.((l & (.;isualiy Co';
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Q,ff, 1854 PAGt229 '
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........t.Uowt.1 nqu~. .t'WiU<i~ clearing, ucavat1o~!~nd re8toration
fIf....,.rty and pw.1iO right' Gt wa, Cor coftstruetion of the interceptor
..... .Dd .are a. a.,ii.it ..~ ~ttb. oon.truct1o~ contr.c~:
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!Ii' htore the work 1. con81d.ered COIIplet.J all rubbish and WluSed material
:t,o or cOMectecl with the conetruction Rat be removed a.nd the pr_1aee
in. a. C.oaditi.O.D ..81t1"f~.ir'i.."tM;.'!'.i''',''. tio the Owner. All property, both public
,rift". 41.'urb.t ctr..-c:.wdur1ng the pro.ecutlo~ Gf the work aaall
. tored to it. tonur ccmdition. Pinal pa~nt will be withhelcl until
work 1. aec07Ipliahed.
'<'1":. J~ff~!~f?f~~~hm ~~;~~!'!~t"T~"""P!""""'"~ti~~lI'f~rr~~"1_~(~~"'~~~~~:~-;~"'~IRfl'fFT'-:r-'~;;::frir~ttl~~~~C~;';~ - "-~:--- >T-,::;-~,<r;",~ " "1<",;, ~,,.--'" ,- .::~-m-,. -1~,",,!~p.-~~}iii
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!be eo.'ractor shall turn1ab and inatall all neceaaary t..,orary
."..... ~...'..' '. ',.... ,roten",. '.OD. .'.. '. .Ibe.. .".ork aDd the satety .r the pu~llc and ahall
'~:Ii ; ,< :,.wort ift ~b. ....urh.t calculated to avoid lnjlll'"1 to tbe
e fr. . the wo...-n.
o Ad t P and Util1ties
'.. Coa'"o\o.. .ball COnn.' hi. work 1. auch JlBMer .. to awid
'. oent private or palie propert,. and shall i_diately repair
., ct...,;e incurred ibrougb hia operations.
,."" of tbe work ...,.. along tba water trODt or '1'UlJ!~ Bay. It .ball
.,:......, '. '... otor.'. '... '. "..,.., po. ft_.. '.I.......b.....l1t....;I to." ...J;.... '. e. "ne,' prot.ct .and/or replaoe ex-
. ~: ~ troa' .t"otll_~. ,b ..,... piera, and. dock. w1thout. addS,.
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t~T Plpe Line COD.t~etion
1. 9~.arlna
. '(a) CleariDg opeMtiGI1' ill areal or wild growth (brush, 1U.1l-
I~ .to.) shall be confiDed to the actual ea....nt or right ot way
pPOY11ed. Cla.rlq parallel to tbe provided. easement tOf" con.truotlon
purp.... will be allowed it the ,anal.s1011 of the property owner ia ob-
talDed by t.he Contftc~or for auah clear1ng.
!he cleared area ahall be of adequate width tor purposes of
e..-r construction, acee.a of equipment, layout and stockpiling ot ex-
....t.. ..tari.l.
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Bruah and tre.. olaand fro. the work site shall be r.-oved tro.
\M. a1te ancl aatlatactoril, 418,0". ot by the Coatractor. Dlapoaal by
_ana1D<< _,. be allowcl It, 1D the o,biOD or the Engineer, adequate pre-
._lon ha. baeD taken to ,rneDt .,reacl1ng of the fire and Iluiaance to
".,_o_t propertie.. ne Contractor ahall, however, be Mly responsible
O-__"_-'_,ali_ COllSe<n1._ce, of such bun1aC.
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(~) C1.~ ..._i_ 1D oultlftted are.. (grOTe., Shrubbery
... p1&D'1II&.) wtll be illl1Md to thao...eat OJ" right or war reQUired
aM wltbin noh ript of wa., to tree. aDd .tt.nb. wb1cb IlUst lta re.ond tor
....~ruc.loa purpo.... .
. In public rl(tbt. ot "',. ud 1Jl .......nte on prl'Yate property
a111atal, ,lantus. and .hrulle will be restered either by ~oYal and re-
~. =..,.... ___t ot ene.u.I. .,lan. t1ac,....,.. .... o. r. by replanting with plant. equal to
. .' ez1."ta. ,rior te cou~,~e"_. ....... CODtractor i. expected to
"I~'''''. with 1a_1Yeidp.....~' ..are in 'rft~tiDI .x1.t1n~ planting..
.':f',)i lpr1ak1e .tl.....,!...~...../tr other print_l,. cnm.d buri84
':.".......\8 abaU ,"'"~..i'..~, pt~ aad/or raplaced without add1-
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153029B
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Ok. 1854 YAut:230
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3
SUBORDINA TION OF ENCUMBRANCE TO PROPER TY
RIGHTS TO CITY OF CLEARWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, it is proposed by
the CITY OF CLEAR WATER, FLORIDA to locate, construct, maintain and/ or
improve the Clearwater East Sanitary Sewer Interceptor line, in accordance
with survey and plans on file in the office of the City Engineering Department;
and
WHEREAS, A portion of the lands involved and necessary to said section
of the sanitary sewer line is subject to a mortgage
held by the undersigned; and,
WHEREAS, On behalf of the City of Clearwater, Florida, a request has been
made for the undersigned to subordinate said encumbrance to the property rights
of the City of Clearwater, Florida, in and to the portion of the premises herein-
after described.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the
premises and One Dollar and other good and valuable considerations paid,
receipt of which is hereby acknowledged, the undersigned subordinates said
encumbrance to the property rights of the City of Clearwater, Florida, to
locate, construct, maintain and/ or improve said section of the sanitary sewer
line over, through, upon and/ or across the following described lands, being
a portion of the encumbered premises in Clearwater, Pinellas County, Florida,
to wit:
Begin at the center of Section 9, Township 29S, Range l6E;
thence N 0007143" E along the north-south 1/2. section line, 735.00!
to the true P. O. B., continue thence N 0007143" E along the north-
south 1/2 section line, 10.001; thence the following courses and
distances: N 89014139" W, 390.541; N 55047155" W, 244.791;
N 43006159" W, 537.30'; N 55028104" W, 106.741; thence N 8901>5"06" W,
213.671 along a line parallel to and 51 southerly from the east-west
40 acre line; thence S 56053104" W, 86. 8P to a point on the center
north-south 40 acre line of the W 1/2 of said Section 9, which point
bears N 0007112" E along said 40 acre line, 1,280.79' from the east-
west 1/2 section line af said Section 9; thence S 0007'12" Walong
said 40 acre line 11. 961; thence N 56053'04" E, 90.331; thence
S 89015106" E, 207.591 along a line parallel to and 151 southerly
from the east-west 40 acre line; thence the following courses and
distances S 55028104" E, 102.62'; S 43006'59" E, 537.321;
S 55047155" E, 248.891; thence S 89014139" E, 393.64' to the true
P. O. B., and excepting that portion thereof lying within the right
of way of State Road 593 {Haines Road}.
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insofar as said premises are affected by the following described encumbrance
"rro-wheldby theuildersigned:- - ,. ------
Nature of
Encumbr anc e
Date
From or
Against
In Favor Of
Mortgage
June 13, 1956
Howard Lawrence
Mildr ed Hickey
Center
Recorded
Book - Page
Mtg. Book
1160
P. 441
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OR, 1854 PAGr231
PROVIDED, ALW A Y3, NEVERTHELESS, and it is expressly understood and
agreed that this instrument subordinates said encumbrance insofar as same affects
the rights and privileges of the City of Clearwater, Florida in its use of the land
specifically above described, for utility easement purposes only, and that nothing
herein contained shall in any way affect, alter, impair, minimize or diminish
the effect of said encumbrance or the remedies at law or in equity for recovering
thereout, or against the parties charged thereby, the full amount of all sums
secured by and/ or due under the same. It is further understood and agreed that
in the event said above described premises are abandoned by the City of Clearwater,
Florida and cease to be used for utility easement and maintenance purposes that
in such event the subordination of said encumbrance shall terminate in and to
such portion abandoned and no longer used as aforesaid, and the encumbrance
become of the same status with reference to such abandoned portion as if the
subordination had never been made.
IN WITNESS WHEREOF the said holder of
executed this instrument this ;;l.",t) day of
1964
said ~umbrance has
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duly
, A.D.
Signed, sealed and delivered
in the presence of:
tJ~ C}?/. .4<~
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Mildred Hickey Cedter
eF~c/~(l.~
ymond H. Center
(SEAL)
(SEAL)
STATE OF
FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
Mildred Hickey Center & Raymond H. Center and
to me well known and known to me to be the individuals described in and who executed
the foregoing instrument, and they severally acknowledged before me that ---..ihey
executed the same for the purposes therein expressed.
WITNESS my hand and official seal thi s
A. D. 1964
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20 th day of JANUARff~<~,.>....L""
6ddJf;;;~ J.
Notary ~ubl~c ~ , --."',;:-'
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My Commission Expires:
Nrltai1! Pijf)~;,:, S1::"~e of Fbida .;1 I.arg~
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