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QUICK FOODS INC ~(JI \0 ;; 1-1' ~ '.C'.... c' :::>, },;- Q :L,:.2. ~- ~ ;...:C""O::"3; :~~,{{ .~~ ~ ,~:l io:'f' ~ .,-~ 'lit ..... :"'.;.. .~ ..ii" 1u.J, '~,. .-f"-Jl '" -i-Q ~ .. :a: li1l-. ~ ~ 1it ~ ~ '- \ '? ~ "'l'? ~- - ().) L / '. 72082478 I I ASSIGNMENT OF SEWER EASEM~T .G.R. .3823 PAGE .851 IN CONSIDERATION of the benefits to Quick Foods, Inc., by the assumption of the obligations thereof referred to herein- below and of the payment thereto by The City of Clearwater of $1.00 in cash, receipt and sufficiency whereof are hereby acknow- 1edged, QUICK FOODS, INC., a Georgia corporation, hereby transfers, sells and conveys unto THE CITY OF CLEARWATER, an Incorporated Municipality of the State of Florida, its successors and assigns (as said assigns shall be reasonably approved in writing by Quick Foods, Inc.) all the right, title and interest I and all the existing obligations and duties of Quick Foods, Inc., set forth in that certain Sewer Easement between Ann P. Babcock and Quick Foods, Inc., dated April 5, 1972, and retained in that certain Warranty Deed from Quick Foods, Inc., to Pizza Hut of St. Petersburg No.1, Inc., dated March3t>, 1972 and recorded in the Official' Records of Pine11as County, Florida, and in, to and under the real property described in Exhibit A attached hereto and incorporated herein by reference. As consideration for this Assignment of Sewer Easement, The City of Clearwater shall, and hereby assumes the obligation of Quick Foods, Inc., to, faithfully and fully perform at the expense of The City of C1ea.rwater the obligations set forth in subparagraphs (d) and (e) of paragraph 2 of said Sewer Easement, and the obligation to maintain a sewer line referred to in said Warranty Deed, it being acknowledged, however, that Quick Foods, Inc., shall install and construct a sewer line and clean the ease- ment area property in accordance with the provisions of subpara- graphs (a), (b) and (c) of said paragraph 2 of said Sewer Easement. The City of Clearwater shall further, and hereby agrees to, provide sewer serv~ce to the real property now or hereafter served by and connected to the sewer line located on said Exhibit A property, including the parcels of real property owned by Quick Foods, Inc., and by Pizza Hut of St. Petersburg No.1, Inc., said parcels being described in Exhibit B attached hereto and incorporated .herein by reference. '" f'\ t- I 0 '1 iJ ~ I ~.O I-C) I I .G.t 3823 PAGE 852 IN WITNESS WHEREOF, the undersigned has caused this By: (Affix Attest: STATE OF GEORGIA, COUNTY OF DEKALB. I HEREBY CERTIFY that on the /0 1972, personally appeared before me, an officer duly to administer oaths and take acknowledgements, JAMES H. DAVIS as President, and WILLIAM B. JOHNSON as Secretary of QUICK FOODS, INC., a Georgia corporation, to me known to be the persons who signed the foregoing instrument as such officers, and acknowledged before me that the execution thereof was their free act and deed as such officers for the use and purposes therein mentioned, that the seal of said Corporation has been affixed and that the instrument is the act and deed of said Corporation. WITNESS my signature and official seal at said State and County, the day and year first above written. 1'1; u/a~~ Notary Public (SEAL) :Commission Expires: ':"\"', . . '. ... .. . . '3 ' /y,W<i,(.,;QrniliiSsIUIl eXpires ~une 20, .L::I/ >'..'~:'!,'..~-, -," ,.' , . "-~,~,/,,, ,~ ...,~':~- \\, ic.._ :.....~ "~ ,<::~ ... . f.~':V .:- "-" II' } i I ! I ' 1,1 I ~ \ . T,hiB instrument was prepared -.' ~{ER.'BERT ,M. BRo'p~r C't bY'" -2- (:;:t .. \, ~', 1 Y Attorne' 1 .y of Clearwat"r P 0 B Y . . C~,.. ox 4748 Clearwater, Florida 33518 RETURN TO: CITY CLERK POBOX 4748 . '. ~ . A 33518 CLEARW A TER. FL . . '. I I .O.R. 3823 fAtE 853 . ~ Accepted, agreed to and caused to be executed by the undersigned in its name and on its behalf by duly authorized Attest: official seal affixed hereunto . STATE OF FLORIDA, COUNTY OF PINELLAS. I HEREBY CERTIFY that on the ~day of 1972, personally appeared before me, an officer duly ~, tl authorized to administer oaths and take acknowledgements, H. EveretlHougen Merrett R. Stierheim, Herbert M. Brown and R. G. Whitehead as Mayor-Commissioner~ and City Manalrer. City Attornev and , as City Clerk , of THE CITY OF CLEARWATER, AN INCORPORATED MUNICIPALITY OF THE STATE OF FLORIDA, to me known to be the persons who signed the foregoing instrument in such capacities, and acknowledged before me the execution thereof to be their free act and deed in such capacities for the use and purposes therein mentioned, that the seal of said City of Clearwater has been affixed and that the instrument is the act and deed of said City of Clearwater. WITNESS my signature and official seal at saJ;c:l Stat~ :;-~'i-':;, and County, the day and year last above mentioned. '-',,;,. "-;\" . . . My Commission Expires: Notary Public, State of Florida at large My CommisliDiI hjlires Oct. 22, 1914 Bonded by AmeriCilq FiqI a. .Casualty .C9~ -3- i.... , . - I' Ii . -, r I I . . ':O.R. 3823 PAcr854 I I t -I I I I I I . EXHIBIT II A II " I A portion of the West 1/4 of Section 17, Township 29 South, Range 116 East, Pinellas County, Florida described as follows: Commence at the West 1/4 corner of Section 17, Township 29 South, Range 16 East, and run North 00 35' 18" East 660.25 feet; thence .run North 890 22' 03" East 108.09 feet; thence run North 20 351 I 18" East 214.93 feet; thence run North 00 35' 18" East 140.48 feetl to the Point of Beginning; from said Point of Beginning run North I 890 35' 21" East 10.00 feet; thence run South 00 35' 18" West i 126.00 feet; then run South 890 35' 21" West 10.00 feet; thence i run North 00 35' 18" Eapt 126.00 feet to the Point of Beginning. I I I I I AND From the west 1/4 corner of Section 17, Township 29 South, Range 16'East, ru~ north 0 degrees 35 minutes 18 seconds East, 660.25 feet; thence run North 89 degrees 22 minutes 03 seconds'East, 108.09 feet; thence run North 2 degrees 35 minutes 18 seconds 'East, 214.93 feet; then~e run North 0 degrees 35 minutes 18 ~econdi! East 140.48 feet; to the point of beginning; thence run North 0 degrees 35 minutes 1~ seconds East \~g feet thence North 89 degree~ 35 minutes 21 seconds East 10 feet;/sou~~ O' degrees 35 minutes 18 I s.econds East 100 feet to the point of beginning. II EXHIBIT "B" The following described land, situate, lying and being in Pine11as County, Florida, to wit: .i; ~ .. Parcell: From the West 1/4 corner of Section 17, TOimship 29 south, range 16 east, run North 0035'1811 East, 660.25 feet; thence run North 89022'0311 East, 108.09 feet; thence r....n north 2035'18" East, 214.93 feet; thence run North 0035'1811 East, 130.48 feet to a Point of Beginning; thence continue North 0~35'1811 East, 100.00 feet; th~!'lce run north 89035'21" East, 104.93 feet; thence run South 0035'18" Viest, 100.00 -- -:fee" ; thence run Sout:a89635'2I' i West, --16"4:-93-feet--t6- the------- Point of Beginning; . Parcel 2: From the '\-rest 1/4 corner of Section 17, TOimship 29 south, range 16 east, run North 0035'18" East, 660.25 feet; thence run North 89022'0311 East, 108.09 feet; thence ru...'1 North 2035' 18" East, 214.93 :'eet; thence run North 0035 '18" Bas"';, 240.48 feet to a Point of Begi~'1ing; thence continue ~or~h 0035'1811 East, 100.00 feet; thence run north 89035 '21" east, ~64.93 feet; thence run South 0035'1811 West 100.00 feet. thence run south 89035'2111 West, 164.93, to the Point of Beginning. II