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A & W GLADS INCORPORATED .~ o Rr :l-rf~. . . p$$, '11/- L/I:Y t? b C{r:; c1 '7:J- ;7.3 RELEASE OF EASEMENT WHEREAS, on June 12,1951, A & W GLADS, INC., a Florida corporation, purporting to be the owner of xecorcl of all of the lands included therein, platte~ Unit D of Skycrest Subdivision, as the same is recorded in plat Book 28, page 52, of the Public RecQ.rds of pinellas County, Florida, and WHEREAS, through error the lands comprising all of Lot 5 . . 'and the West 35 feet of Lot 6, Block B,' of said Uni t D of Skycrest Subdivision were erroneously included within said plat, having been previously conveyed by A & W GLADS, INC. (together with other lands) under Warranty Deed to C. H. Smith H'athaway and Daisy L,. Hatha'tlay, his wife, dated March 15, 1949 and recorded March 17, 1949 in Deed ReCord 1214, page 109" of the Public Records of pinellas Cou~ty, Florida, and WHEREAS, said plat purports to establish a ten foot utility easement, being 5 feet on either side of the common border 'between said Lot 5 and said Lot 6, and has created a cloud upon the title of the present owner,s of record of said lands, and WHEREAS, TOM FALONE, JR., TOM FALONE, III, and FRANCES DEL VECCHIO, the present owners of record under Warranty Deed dated April 15, 1968 and recorded April 16, 1968 in,O.R. Book 2814, page 614, of the Public Records of Pinellas County, Florida, of lands encumbered by that portion of said purported easement lying 5 feet on either side of the common border of the South 50 feet of said Lot 5 and said Lot 6 (and other contigious lands) "have requested a release of said purported easement, as it affects their lands to remove said title; defect, and WHEREAS, no utilities are in fact utilizing said portion of said purported easement, \ ,..... ./ yow, THE REF 0 , WITNESSETH: . .7' S RELEASE OF EASEMENT made this ~ day of 'Itt.(..(.t!--(,.'-' , 19 f/ ~, between CITY. OF CLEARWATER, FLORIDA, a Florida I}l icipal rporation, party of the first part, and TOM FALONE, JR. ,TOM FALONE, III, and FRANCES DEL VECCHIO, ofl916 Gulf-to-Bay Blvd." Clearwater, pinellas County, Florida 33515, parties of the second part. WITNESSETH: That said party of the first part, for and in consideration of the sum of other good and valuable consideration and Ten Dollars in hand paid by the parties of the second part, receipt whereof is h~reby acknowledged, has remised, released, and qui t cla,imed and by these presents does remise, release, and quit claim unto the said parties of the second part, all the right, title, interest, claim and demand, which the said party of the first part has in and to the following easement, situate on lands lying and be.ingin the CCuntyof pinellasr: State of Florida, to-wit: That certain ten foot utility easement lying 5 feet on either side of the common border between the South 50' feet of Lot 5 and the South 50 feet of Lot 6,. Block B, Unit D of "SKYCREST SUBDIVISION, according to the map or plat thereof, as the same is recorded in plat Book '28, page 52, of the Public Records of pinellas County, Florida. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereunto belonging, or in anywise appertaining, and Ilf 015.00)5- ~ . ,.:;jf . .all the estate, right, title, interest, and claim whatsoever of the said party of the first partin said easement, either in law or equity, to the only proper use,. benefit and behoof of the said parties of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its City Manager, ,City Clerk, countersigned by its Mayor....Comrnissioner, and approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached the day and year first above written. Signed, Sealed arid Delivered in the Presence of: 'k~e,1J~ r:\--Y., ? ^ / , \ .' 1"\ "-1 ,~-' /\ c 'J \ .., ~f2: . . ~ "".L- / c~....y rit.... ney correctness: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this /1 ~{/ day of . J.~-Y2.-ua.<z.r:~ I 963-, before me personally appeared M.. R. STIERHEIM,./HERBERT M.!- BROWN, R. G. WHITEHEAD and EVERETT H. HOUGEN, respectively, City I Manager, City Attorney, City Clerk and Mayor-coinmissioner, of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, tome known to be the individuals and officers described in and who executed the foregoing RELEASE OF EASEMENT, .and severally acknowledge the execution thereof to be their free act and deed as such officers ,thereunto duly authorized, and that the. official seal of said municipal corporation is duly affixed thereto, and the said conveyance is the act and deed of said corporation. , WITNESS my signa tureand official seaLuat~Cle.:trwater.in .rhe County of Pinellas and State of Florida, the day and year last above written. :/::. ./--c..~---L--e...c;. ~ NOTARY PUBLIC, State at large. 723~~~t:~~/ of Florida My Commission expires: Notary Pul:k State 01 Fbr:ca at l~'ge (Notarial Seal) My (omr.-;:5sioil Expirei Od. 22. 1970 o.ondod By Americo. fire & Casu.lty Co, THIS 1~!~'TP!,lti['!T '.'1'5 pp.~p;;;:m BY i , Fred J. Wilder Yf:~L~~.:;' Z: -r;-!.~,:~;\(.:t t,:~~;ji:~::'.'S ~t ~::::t P. 0, cox 34, CLEt,Riii,,<:R, FLC;i:DA 33517 -2-