DAVID BILGORE & CO INC (2)
.,
.'
161223B
~/ /, i .. /;
" ~
,
..' ;- .. -"
-". 'Ii..
I
J
DR 1870 F~\~{39B
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, 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.
An easement 10' in width lying 5' on either side of the
below described centerline: Begin at the center of Section 9,
Township 29S, Range 16E; thence N 0007'43" E along the north-
south one-half section line, 734.43' to the true P.O.B., thence
the following courses and distances: N 88025'51" \-J, 392.18';
thence N 60057'57" W, 247.89'; thence N 41031'44" W, 537.24';
thence N 53051'48" VI, 104.68'; thence S 88057'12" W, 284.94' 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" W along said 40
acre line, 1,309.17' from the east-west one-half section line
of said Section 9, 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
11th day of February , 1964.
Signed, sealed and delivered
in the presence of:
Attest:
INC.
QJ",~~ W~
By
,./"'\t,C:::"~~'" Y-7.'" . / /
:'~i!~(":"":"''';~'-.:f-r- -C/v
..1;....< " \...t.Il" ,~. '. d. .'.
.:" :. 'IV" .Y"- ~'..,. ';;J .'
f Si~QlZctt'e '-S~~~)
., ~ ;~, (--:',; ":, ".:" ,,',. ] =
S~~,-o-r--'FtD,RjDA )
".>, ,,r~ .,<: ~.~; ~:' ;~~ >~..~, ..~
CdUNTY~~t~PI~ELLAS)
" ','
, . . j j ~ : i , ~ . . '
Before me, the undersigned authority, thi~_dC3.y. per.sonallyappeared
Morris Bilgore and Jules w. Bra~in
to me well known and known to me to be the individuals escribed ln and
who executed the foregoing instrument as its President and itsSecretary
respectively, of the Corporation named in-rhe foregoing instrument
...,. ,
,.."
t:D
0"'"
,...-
-<%
om
r-
m...-;:o
c:..>m
~t/)n
moO
-<0:::0
(J)'C
~ ."m
{").c
r-O
",:::0
",-
.._0
""'J>
u::.
A
.....
.s::
-0
:;r::
..
<:n
..a:::.
~
! Lf Ot?- ~~~~_/
~..~
~- .
.....
"
'-
. ,
I
Q,R 1870 PAGE 397
ADDKKDUM 11 TO IASIMD'I'
The following requir...nta wiU goyern clearing, excayat1ol1 and restoration
or property and public rights ot way tor oOftatMlotlon of the interceptor
sewer and are aft explicit :Dart or ~. oon.truct19Zl contr..c~:
Betore the work 18 eoneWered cOIIp1.t., all rubbish and unused material
due to or connected with the constructIon .'\let be removed a.l1d the pr_lsee
left in a condition satisfactory to the OWner. All property, both public
and private, dlat.urbed qr cIUYlfed durinc t.he proeecutIon of the work ahall
be restored to . ita tOnier eond t10n. Pinal payaent will be withhe1cl until
such work is accompli.hed.
S,tety. .Prg'.c\loJl ~nd. S.,ltl~'''~D
A. Safety
The Contractor shall. tunaiah and install all necessary t.porary
-, works for the protection of the work aDd the satet,.. of 'the public and shall
carry on his work in the .anner b..t calculated to aTold injury to the
public or to the workaen.
B. Proteet1oJl ot Adjacent P~,.~y aDd Utilities
The Contractor aball conduet hi. work ill such _oer as to awid
dUl8geto adjacent private or public property and shall 1aMdiately repair
or pay tor any daaage incurred through hi. o,erations.
Cgnstruction Procedure
Portions ot the work are alone the vater tront ot 1'...,\ Bay. It sball
be the Contractor'. reapon81bU1:l. '::JNHrve. -protect an4/or replace ex-
isting water front struotures. b . a. purs, and dock. without addi-
tional: compeJl5at1oal.
~rk to't' Pipe L~n. C~D8tncUon
1. Clear1na
. (a) C1aaring o~rat.ioD. 1a areas ot wild growth (brush, man-
sro"., _to.) shall be contiDed too the aotual .._nt or right or way
provided. Cle.nq parallel. to the proVide" .a..ent tor aonatruetlOll
purposes will be allowed it the peral..1011 ot the property owner 1. ob-
tained by the Con'rao~or tor such clearing.
The cleared area shall be ot adequate wic1th tor purposes ot
.ewer cOQstruCt.1OD, acce.. ot equ1pent. 1a7ou~ anel atoekpUlng ot ex-
ca..ted ..tarlal.
Brush and tree. ol_rect tro. the work 81te sball b. r..",e4 tro.
the ai te and aati.l'aotorU., d1spose. 01" by ~h. CODtra.~OI" _ Diapo8al by
burning -,.. be allowed lt, 1& the o,1Jllon of the EnginMr, adequate pre-
canton has been taken to prnent .preacling ot the fire and BuiaDce to
adjacellt properties. The Contractor shall, however, be~y J!'eapone1ble -
tOJl-allcollsequence. ot sucbburaiag.- n
(it) 01eaJ'tll. operaiiiou iJa nltl.ated area. (groye., sbrubbery
aJMt planUl'lls) will be 11111\<<1 to tha ..8.ent er right of way required
and within such right of wa., to ,..... ad ell.nb. wIa10ll _~ It. re.oftd tor
eOD8tructloa purpo.e..
. In public rllh'a at WfY aael 1Il __ents Oft private property
all la1Gl~, plant1ngs and ahrubs will De restered e1 ther by r.o....l aNi re-
plac._nt ot ex1.t.1ag ,1antiDga or by replanting with plante equal to
~hat .:dating prior to coutruot1oa. !be Oontra.tor 18 expected to
cooperate with 11l'9'Olved 'rop4arty OWDere 1n ,rot.ootiD, existing plantiDge.
'prlnk1eJ- ayst.. t cabl.s -lor. o\her prlvat-lr O1G1.d buried
improy_nta shall be prot.C1iec!, pr.aened U14/or replacM without addi-
tlor181 COIIpellsa t1cm.
. ....
,
~ .. '-.. ~- ,<:'
~
I
I
O.R 1870 PMf 398
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 corporation 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 instru-
ment is the free act and deed of said corporation.
My Commission explres:
Nc,bv Pl.!~!:l. 5tllt~ of Florid. d larqe-
fh~v C~j!,lm~$l:~};1 E:-;;,~7~;~ ,\:h'" 19} 1961'
~ ''''rut,~,l tl\' ~r.l(?r'f"u:n F~t1:l & 'as;':6;'" ~Q.
hand and a.tfi~:r.9:.,mY
A D 19 t.l.l\ " ""
, .. '~.!L J >, I,.
~ 'I w".d.IIJ"~.:- '. ':,. ;oj"
~ ."~ ~.. >iJ". l ........ ~
.. -. -;n ".r'"
.:. .J .. f"'\ \ I U n ~./". U I ~
~~" l -~ v "-:'" ~
--- 0 . ...
.. Z \JU"'" :l ~ ::
~ I ~ ~
tdd ~~=.\ /,q,f
Notary p~~;:a ....';.."9;
of "'.. ,') .~r;i. '._ "....e. ~ ". .:-
f~ifJ"'>J1 i~;kiS."~ 7",'tt~~~
r , '/~~~,~H.:'~'4'_f,;'i;-
IN WITNESS WHEREOF I have hereunto set my
official seal this 11th day of FebrURT'Y
-
'. ..~ 't"
17<1778B
fl;P,.>.:
.. .-
r ,...
I _
I
SUBORDINATION OF ENCUMBRANCE TO
RIGHTS TO CITY OF CLEARWATER,
lOR. 1898 PAGE279
PROPERTY
FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, it is proposed by
the CITY OF CLEARWATER, 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 beh~lf 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 hereinafter described.
- ",~_. ......,. .....~..,..,_, _.~-."_"_~;....._ -- ", "'L__-'__ .._,_...........___. __ __.,~'
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:
An easement la' in width lying 5' on either side of the
below described centerline: Begin at the center of Section
9, Township 29S, Range 16E; thence N 0007'43" E along the
north-south one-half section line, 734.43' to the true
P.O.B., thence the following courses and distances:
N 88025'51" W, 392.18'; thence N 60057'57"W, 247.89'; thence
N 41031'44" W, 537.24'; thence N 53051'48" W, 104.68'; thence
S 88057'12" W, 284.94' 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" \;] along said 40 acre line, 1,309.17' from
the east-west one-half section line of said Section 9,
exceptlng that portion thereof lying within the right-of-way
of State Road 593 (Haines Road).
insofar as said premises are affected by the following described
encumbrance now held by the undersigned:
Nature of
Encumbrance Date
From or
Against
In Favor Of
Book Page
Recorded
Mortgage June 13, 1956
Howard Lawrence
Hildred Hickey
Center
Mtg. Book
1160
P. 441
-::r
c.D
..
<l'=>l.~
C.lc:..
,,;."':.:: ;.....~:
t:~~
O..J-
W,-1i.-,,')
~g~;:J
c (.f) ::<.::
tLI4~'
G::::}\.o'
l.&J.o
%~
o:u
:E:
c::t:
M
.=
a=
0-
cc
.. ~.It..., __..,
.J"
...
I
lOR, 1898 PAGE280
PROVIDED, ALWAYS, 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 charges 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
afores_aid....- a.w:L the_~~mncebe.c<omf:!_of me s..aID.eustatus with
reference to such abandoned portion as if the subordination had
never been made.
IN WITNESS WHEREOF the said holder of said encumbrance has
duly executes this instrument this 20th day of March
, A.D. 1964.
Signed, sealed and delivered
in the presence of:
~AL)
v~c;f~
-:-7~4
,,&'P~~~~ ~(SEAL)
Ray ond H. Center
STATE OF
FLORIDA
PINELLAS
COUNTY OF
Before me, th~ uncfersIgned authority, this day personally
appeared Mildred Hickey Center and Raymond H. Center
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 they executed the same for the
purposes therein expressed.
WITNESS my hand and official seal this
A.D. 1964.
20th day of_,,~l"cl\,
,
~ ~';::,- ~ ~..;:c:: .'. ~_~:,
~" /'~A~,;-::c""~;~-~l ,..':':,;'.......,. .,./
~..~.
otary 11. _ ::-~ :. "'{"" --,':
My Commission Expires:
...... I ~'_
. . '>0'
';'1 >>...:.......'"
~, '-, ""
q..;. ..... ... ,J: .' ~ '., : ~... '",
, ,
~ \ ~ ~'~..-:-{ \_,,~,
..........
March 10, 1968.
-2-