HOLLAND WESTSHORE INC / CLEARWATER TRUST
-'''----- THIS LANDSCAPING, UTILITY AND SIDEWALK EASEMENT, made and
....--.'-executed this ~"l~ day of O(~\oe, , 1995, by HOLLAND WESTSHORE, INC., a
, -----'hDelaware corporation, as successor trustee under the provisions of a certain trust agreement
;~~ :~~-_aated September 30, 1992, and known as the Clearwater Trust, dated 09/30/92, whose address
:~,::, __Js..4350 La Jolla Village Drive, Suite 440, San Diego, California 92122, (hereinafter referred
;~::"F
to as "Grantor"), and THE CITY OF CLEARWATER, a municipal corporation organized and
existing under the laws of the State of Florida, whose address is Post Office Box 4748,
lOT Aid.LJ.7f) C::earwater, Florida 34618-4748, (hereinafter referred to as "Grantee"):
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I INST # 96-002287
.. , f-- JAN 3, 1996 2: 46PM
Prepared By and Return To:
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PINELLAS COUNTY FLA.
OFF.REC.BK 9210 PG 1990
..
James E. Slater, Esquire
Broad and Cassel
Barnett Bank Center
P.O. Box 4961
Orlando, Florida 32802-4961
2C055517" 01-03-1996 13:10:04
01 EAS-H lAND WESTSHORE/ClEARWATER
RECORDING 1 $24"00
DOC STA"P - 219 3 $.70
TOTAL: $24.70
"T.TENDERED: $24.70
CHANGE: $"00
For Recording Putposes Only
LANDSCAPING, UTILITY AND SIDEWALK EASEMENT
WIT N E SSE T H:
1. For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Grantor does hereby grant and convey to the Grantee, its successors and assigns, a
non-exclusive and perpetual ten foot (10') wide permanent Easement over, under, across
and through those lands situate in Pinellas County, Florida which are more particularly
described in Exhibit "A" attached hereto and by this reference made a part hereof (the
"Easement Area").
2. Grantee, its successors, appointees and assigns, are granted the right, privilege
and authority to construct, install, maintain, repair, replace, and relocate such
landscaping, utility lines and facilities, and sidewalks as the Grantee may deem necessary
and appropriate, together with the right to enter upon the adjacent lands of Grantor for
the purpose of constructing, installing, maintaining, repairing, replacing and relocating
such landscaping, utility lines and facilities and sidewalks and such other ancillary rights,
benefits, and privileges as may be necessary for the full enjoyment of the rights granted
and conveyed to the Grantee hereunder.
3. Grantee shall promptly repair and restore to its prior condition any paving,
parking lots, striping, or other improvements, equipment or facilities existing within the
described Easement Area or the adjacent lands of Grantor which are disturbed by the
construction, installation, repair, replacement, or maintenance of any of Grantee's
facilities located on, under, across or through the above-described Easement Area.
RE\07648\OO 1 4\JESMOB 1 O.09L
951017 - 1l:07am
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PINELLAS COUNTY FLA.
OFF.REC.BK 9210 PG 1991
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4. Title to the landscaping, utility lines, facilities and sidewalks constructed or
installed by Grantee within the Easement Area shall remain in the name of the Grantee,
and its successors and assigns.
5. Grantor covenants to and with Grantee that subject to existing easements and
rights of tenants, and other parties of record, Grantor is lawfully seized and possessed
of said lands, having good and lawful right and power to grant and convey the rights set
forth hereinabove, and accordingly, Grantor will forever warrant and defend the title to
the Easement Area and the quiet possession thereof by Grantee against the lawful claims
and demands of all persons whomsoever.
6. Grantee hereby indemnifies and holds harmless Grantor from any claims or
damages arising out of the use of the Easement Area including, but not limited to, the
improper design, construction, or maintenance of the landscaping, utility lines, or
sidewalk located in the Easement Area and including, but not limited to, reasonable
attorneys' fees and costs incurred in the defense of any action brought against Grantor
for injury or damages suffered as a result of the use of the Easement Area; provided,
however, that Grantee shall have the right to defend any action brought against Grantor
with counsel acceptable to Grantor. However, nothing herein shall constitute a waiver
by the Grantee of its sovereign immunity and the limitations set forth in Section 768.28,
Florida Statutes (1993).
7. This Easement shall be binding upon the parties hereto, their successors and
assigns.
IN WITNESS WHEREOF, the said Grantor has executed this LANDSCAPING,
UTILITY AND SIDEWALK EASEMENT as of the day and year first above written.
Signed, sealed and delivered
in the presence of: GRANTOR:
HOLLAND WESTSHORE, INC., a
Delaware corporation, as successor trustee
under the provisions of a certain trust
agreement dated September 30, 1992, and
known as the Clearwater Trust dated
09/30/92
2J;:4~~.~-~ By: W _
~~~~ ~~~: Name:
Print Name: Q.Q..~ \ (' n. 'l...:\-'\'~ \ \
{Corporate Seal}
RE\07648\OOI4\1ESMOBI0.09L
951017 - 11:07am
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State of California )
) ss
County of San Diego )
PINELLAS COUNTY FLA.
OFF.REC.BK 9210 PG 1992
On October 27,1995, before me HolIi G. Hurley, Notary Public, personally appeared David
J. Hirsch personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
li ~ ~~G.H:Rt~ ~ '1
. COM~. # 997157 z
J Notary PublIC - California Z
SAN DIEGO COUNTY ?:
MvComm. ExplresJUN 8.1997
WITNESS my hand and official seal.
notary
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EXHIBIT "A"
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THIS IS 1iQI A SURVEY ,Je ~ O~ ~.
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LEGEND
O,R, Denotes Official Recorda Book
PG.Oenotes Page
R/W Oenotes Rightwof.way
NO. Denotea North
No, Denote. Number
see SHEET 2 OF 2 FOR LEGAL OeSCRIPTION
FOR: ZOM COMMUNITIES, INCe
SIDEWALK & UTILITY MAINTENANCe EASEMENT
KAlL UIf.
1" ;;;; SO' 2/9/95
.m...J&
11"2.001.000
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RMC KJB EWR
~ YQWItlll>lP 8Atl.Qt
17 29S 1SE
KING ENGINEER/JIG ASSOCIA rES, INC.
ENGINEERS. PLANNERS . SURYEYO~S
SCIe:NTISTS . LANDSCAPE ARCIiITEC1'S
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:.'4$ U,$. Nl(illW" I' ~IITH CI.e:&IlW&TER. FL~ReIo 34'2J
(8IJ) ,,1.1&41 . fAI. (liS) 711'1226l,
PINELLAS COUNTY FLA.
OFF.REC.BK 9210 PG 1993
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D ztJ $0
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SCALe: 1".::;0'
46~(p SQuARE peer
MOJ&:' o.e Less.
Sor02'se-w
10.001
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I PINELLAS COUNTY FLA.
OFF.REC.BK 9210 PG 1994
LBGAL DSSCIUPTlON: SIDEWALK BASEMENT
A strip of land lying within Section 1" Township 29 So..th, Range 16 Bast, Pinellas County,
Florida and being. more partieularly described as follows:
. Commence at the Southwest corner of said Section 11; thence N01'Q3'30"I!, along the West
line of the SouthweSt 1/' of said Seetion 17, for 810.93 feet; thence S88'ST02'E, for 100.00
fcetlO the point of interseetion with the easterly right-of......y line of US Highway No. 19
(State Road No. S5) and the westerly boundarY line of that certain property as recorded in
Official Records Book 3362, on page 349 of the Public Records of Pinellas County, Florida;
thence N01"03'30"E, along said easterly right-of-way line and along said certain property, for
50.00 feet; t.hence S8S.S7'02','E, for 99.98 feet to the POINT OF BEGINNING, said point
also being a point on the easterly rigbt.of-way line of aforesaid U.S. Highway No. 19~ thence
a10nl: said easterly right-of-way line, the following (3) three courses; (1) thence N01'02'S8"E,
for 6.00 feet; (2) thence N8S057'02"W, for 24.49 feet; (~) thence N43057'OZ"W, for 5.66 feet;
thence S88ClS7'02"E, for 474.49 feet; thence SOlo02'S8"W. for 10.00 feet; thence N88ClS7'02''W,
for 446.00 feet tathe POINT OF BEGINNING and contajning 4,566 square feel, more of
less"
t\dr~wi \zom\leg\sw.esmtleg
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00-/081 5
SHEET 2 OF 2
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