CLEARWATER MALL
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PINELLAS COUNTY FLA.
INST t 90-008344
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FL 33518-4748
~~
CITY CLERK
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EASEMENT AGREEMENT
(Clearwater Mall -- Clearwater, Florida)
Iln" __ FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
TOTA~tfS'?cash in hand paid to TRIZEC PROPERTIES, INC., a Delaware
jcorporation ("GRANTOR"), the receipt of which is hereby
acknowledged, GRANTOR conveys to the CITY OF CLEARWATER, a
municipal corporation ("GRANTEE"), a non-exclusive easement
within, over and across the following described real property in
the County of Pinellas, State of Florida, to-wit:
A ten foot (10') water and gas main easement lying five feet
(5') each side of existing water and gas mains up to and
including all hydrants and meters, excluding any portion of
said mains that may lie beneath any building, all lying
within the following described tract:
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From the SW corner of Section 17, Township 29 South, Range 16
East, run S 880 57' 02" E along the southerly line of said
Section 17, 100.00 feet; thence run N 10 03' 04" E along the
Easterly right-of-way line of State Road 55 (U.S. Highway 19)
and parallel to the westerly line of said Section 17, 860.00
feet; thence run S 880 57' 02" E, 100.00 feet for a P.O.B.;
thence run N 10 02' 58" E, along the easterly right-of-way
line of State Road 55 as per deed recorded in O.R. Book 3476,
Page 925, Public Records of Pinellas County, Florida, 6.00
feet; thence run N 880 57' 02" W, along said right-of-way
line 24.49 feet; thence run N 480 20' 20" W, along said
right-of-way line 39.95 feet; thence run N 80 56' 56" W,
along said right-of-way line 182.08 feet; thence run
northwesterly along said right-of-way line on a curve to the
right having a radius of 755.94 feet (chord bearing N 30 56'
56" W, chord distance 131.77 feet), and an arc of said curve
having a distance of 131.94 feet; thence run N 10 03' 04" E
along said right-of-way line 268.32 feet; thence run N 360
29' 07" E, 471.94 feet; thence run N 880 51' 13" W, 275.20
feet; thence run N 00 28' 32" E, along said right-of-way line
42.57 feet; thence run N 10 03' 04" E, along said right-of-
way line (said line being parallel to and 100.07 feet
easterly of the westerly line of said Section 17), 573.94
feet; thence run N 30 20' 30" E along said right-of-way line
50.04 feet; thence run N 110 15' 18" E, along said right-of-
way line 23.05 feet; thence run N 450 24' 32" E, along the
right-of-way line at the southeasterly corner of the
intersection of said State Road 55 and State Road 60 (Gulf to
Bay Blvd.), 119.90 feet; thence run N 890 46' 01" E along the
southerly right-of-way line of State Road 60 (said line being
60 feet southerly of and parallel to the East-West center
line of said Section 17, 1563.41 feet; thence run S 00 21'
26" W, 270.0 feet; thence run S 890 46' 01" W, 371.10 feet;
thence run S 10 03' 04" W, 631.37 feet; thence run S 880 56'
56" E, 194.61 feet; thence run S 530 30' 53" E, 443.76 feet;
thence run N 500 58' 54" E, 270.64 feet; thence run N 350 12'
39" E, 93.74 feet; thence run N 320 43' 49" W, 80 feet;
-1-
KARLEEN F. DEBLAKER, CLERK
JAN 10, 1990 3:31PM
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*** OFFICIAL RECORDS ***
'I BOOK 7172 PAGE 1501
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thence run N 390 25' 12" W, 452.93 feet; thence run S 690 41'
46"' W, 68 feet; thence run N 00 21' 26" E, 70.79 feet; thence
run N 890 46' 14" E, 386.64 feet; thence run N 00 131 59" W,
70.79 feet to the southeasterly corner of Lot 1 of Resub. of
Baskin's Replat; (See Plat Book 24, page 42, Public Records
of Pinellas County, Florida); thence run S 390 01' 06" E,
487.42 feet; thence run S 500 581 54" W, 678.25 feet; thence
run S 430 111 54" E, 65.23 feet; thence run S 360 291 07" W,
439.88 feet; thence run N 530 30' 53" W, 550.00 feet; thence
run S 360 291 07" W, 652.05 feet; thence run N 880 57' 02" W,
742.58 feet to the P.O.B. (See Exhibit A attached hereto and
incorporated herein by reference.)
The terms of this Easement Agreement are as follows:
1. The easement shall be for the purpose of inspecting,
operating, maintaining and repairing existing water and
gas mains with any and all costs associated therewith to
be borne solely by GRANTEE.
2. GRANTEE shall replace and restore to its prior condition
the surface of the easement area and any subsurface base
or utility or irrigation lines disturbed by GRANTEE in
the course of maintenance or repair of the water and gas
mains.
3. The term of this Easement Agreement shall be for such
period of time as GRANTEE shall provide/service the
water and gas mains for the Clearwater Mall.
4. GRANTOR reserves the right to allow such other utility
lines to be installed across and within the easement
area described above, provided such installation does
not materially interfere with or endanger the water and
gas mains of GRANTEE.
5. GRANTOR reserves the right to possess and make such use
of the easement area as shall not conflict or interfere
with GRANTEE in the use of this easement.
6. Any and all notices, demands or other communications
required or desired to be given hereunder by any party
shall be in writing and shall be validly given or made
to the other party if served either personally or if
deposited in the United States mail, certified or
registered, postage prepaid, return receipt requested.
If such notice, demand or other communication is served
personally, service shall be conclusively made at the
time of such personal service. If such notice, demand
or other communication is given by mail, such shall be
conclusively deemed given seventy-two (72) hours after
deposit thereof in the United States mail addressed to
the party to whom such notice, demand or other
communication is to be given as hereinafter set forth:
To GRANTOR:
Trizec Properties, Inc.
c/o The Hahn Company
4350 La Jolla Village Drive
Suite 700
San Diego, CA 92122-1233
Attention: Legal Department
Clearwater Mall
505 U.S. Highway 19
Suite 310
Clearwater, FL 33546
Attention: Center Manager
with a copy to:
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1_ BOOK 717~~_PA:~~ 1502
City of Clearwater
P.o. Box 4748
Clearwater, FL 33518-4748
Attention: Public Works Director
for Property Matters
7. Except for emergencies, GRANTEE shall provide written
notice to GRANTOR'S center manager, at the address set
forth in Paragraph 6, forty-eight (48) hours prior to
entering onto GRANTOR'S property for purposes of access
to the easement area.
To GRANTEE:
8. If any party commences an action against the other
regarding this Easement Agreement, the prevailing party
shall be entitled to recover from the nonprevailing
party reasonable attorneys' fees and costs associated
therewith.
9. This Easement Agreement shall bind and inure to the
benefit of the respective heirs, representatives,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Easement
Agreement to be executed this 28th day of November , 1989.
GRANTOR
henson
Vice President
By:
and
GRANTEE
City of Clearwater,
a municipa
ATTEST:
COUNTERS I GNED : By :
III
III
APPROVED AS TO FORM ~ I. /l
AND CORRECTNESS: ~
M. A. Galbrait
City Attorney
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1** OFFICIAL RECORDS ***
BOOK 7172 PAGE 1503
STA~E OF CALIFORNIA
"
~COUNTY OF SAN DIEGO
SSe
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared Torn Stephenson and Aubrey
MacLean, well known to me to be the Senior Vice President, and
Vice President and Treasurer, respectively, of the corporation
named as GRANTOR in the foregoing Easement Agreement, and that
they severally acknowledged and voluntarily under authority duly
vested in them by said corporation and that the seal affixed
hereto is the true corporate seal of said corporation.
OffICIAL SE'AL
IJSA DAWN MORRISON
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires June 8. 1993
and official seal in the County and State
d 8 day of .N DVe.,m 'be..." 1989.
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Notary Public '
WITNESS my hand
last aforesaid this
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun,
M. A. Galbraith, Jr., and Cynthia E. Goudeau, to me well known,
and known to be the individuals described in and who executed the
foregoing instrument as Mayor-Commissioner, City Manager, City
Attorney and City Clerk, respectively, of the above-named City
and that the seal aff~edto the foregoing instrument is the City
seal of said City and the said instrument is the free act and
deed of said City.
my hand and official seal this
, 19 tjO
c;YJ.
day of
My Commission Expires:
r"""' Notary Public, State of Florida
My Commission Expires April 20. 19'93
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A S 880:17'0,- E 100,00' K N lIol~'18- E 23.05'
B N 0100~'04- E a 60.00' L N 4~24' 32- E 119,90'
e S sSO :17'02- E 100.00' W N 5QC,SS'S4- E 270,64'
0 N 01002'58- E 6.00' N N 350 12' ~9- E 93.74'
E N 8SO:l7'02- w 24.49' 0 N 3Z04~'49- w 80.00'
F N 4ao20'ZO- W 39.9:1' p S 6go41' 46- W<." 68.00'
G N 080"'56- W 182.08' Q N OQ'02( 26- E 70.79'
H N 01003 '04- E 268,3Z' R N 00013'59- W 70.79'
N 00:128' 3,- E 42.57' S S 43011'54- E 65,23'
J N 03020'30" E 50.04'
EXHIBIT "All