HIGHWOODS/FLORIDA HOLDINGS L P
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CODE ()/~t
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PIC
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INST # 98-378325
NOt) 25, 1998 10: 07RM
RETURN TO:
Earl Barrett
Public Works Administration
City of Clearwater
P. O. Box4748
Clearwater, FI. 33758-4748
PINELLRS COUNTY FLR,
OFF.REC.8K 10316 fa 782
FEES ~/
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RECIPROCAL EASEMENTS AGREEMENT
~~, RECIPRO~GREE~NT made and entered into
this~lAday of , 199L, by and between the CITY
OF CLEARWATER, FLO IDA, a Florida municipal corporation (the "City"), and
HIGHWOODS/FLORIDA HOLDINGS, L. p" a Delaware limited partnership
authorized to conduct business within the State of Florida, 3100 Smoketree
Court, Suite 600, Raleigh, North Carolina 27604 ("Highwoods"),
WIT N E SSE T H:
WHEREAS, the City is the owner of fee simple title to that certain real
property legally described in EXHIBIT "A", PAGE 1, and depicted in EXHIBIT
"A", PAGE 2 (Access/Parking Easements, Alternative "A") attached hereto
(collectively the "City Parcels"); and,
WHEREAS, Highwoods is the owner of fee simple title to that certain real
property legally described in EXHIBIT "B" attached hereto (the "Highwoods
Parcel"); and,
WHEREAS, Highwoods intends to construct a parking lot on a portion of
the Highwoods Parcel as depicted in EXHIBIT "e" attached hereto (the "Parking
Lot")' and
, ,
WHEREAS, the Parking Lot is immediately south of and adjacent to the
City Parcels; and,
WHEREAS, the parties wish to make both the Parking Lot and the City
Parcels available to the participants and spectators of sporting events and
related activities utilizing the soccer field owned by the City and legally
described in EXHIBIT "D" attached hereto (the "Soccer Field") after normal
business hours, during nationally observed holidays and on weekends;
Page 1 of 10
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PINEtLAS COUNTY rLA,
Orr ,REC 8K 10316 PG 783
NOW THEREFORE, in consideration of the mutual covenants and
agreements contained herein, and for other good and valuable consideration,
the sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed by and between the parties as follows:
1. The recitals contained herein are true and correct and made a part
hereof.
2. The City hereby grants to Highwoods, its successors and assigns, for
the benefit of the Highwoods Parcel, a perpetual non-exclusive easement over
the City Parcels (i) for construction of parking lot improvements and for the use
of the City Parcels in conjunction with the Parking Lot as a parking lot and (ii) for
ingress and egress, together with the right to improve, operate, utilize, maintain
and repair for such period of time as it may use the City Parcels for such
purposes.
3, The rights herein granted to Highwoods by the City specifically
include, but are not limited to, the right for Highwoods to clear the City Parcels,
and to patrol, inspect, install, alter, improve, operate, maintain, repair, monitor
and rebuild the improvements generally described herein in compliance with the
requirements of the City.
4. As a condition of the City granting this easement to Highwoods, and
as an affirmative covenant running with the land, Highwoods agrees to pay all
costs incurred in connection with the operation and maintenance of the City
Parcels.
5. In consideration of the grant of the easement to Highwoods by the
City as described in Section 2 above, Highwoods hereby grants to the City a
perpetual non-exclusive easement for ingress and egress and parking upon and
within the boundaries of the Parking Lot during the hours of 6:00 p.m, to 11 :00 p.
m. on weekdays, 8:00 a. m. to 11 :00 p. m. on Saturdays, and all day on
Sundays and national holidays (defined as holidays during which national banks
in Pinellas County, Florida are generally closed for business) for the use and
benefit of participants, spectators and the public in general when attending or
participating in sports activities sponsored by the City upon the Soccer Field.
6, The parties mutually agree to hold each other, their successors or
assigns, harmless and to indemnify each other from any and every claim or
demand arising from or made in connection with this agreement; provided,
however, that in no event shall the total amount to be indemnified by the City
exceed the statutory limits set forth in Section 768.28, Florida Statutes. This
provision shall survive termination of this Agreement.
Page 2 of 10
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PINELLAS COUNTY FL~84
OFF . REC .IaK 103 1 S ~~_____________
7. This Reciprocal Easements Agreement shall run with the lands herein
described unless mutually terminated by the parties, their successors or assigns,
by written instrument recorded in the Public Records of Pinellas County, Florida,
whereupon all rights, benefits, privileges, and obligations as mutually agreed
between the parties shall terminate. Upon such termination, each party shall to
the extent required by the other, restore its respective easement premises to its
condition as of the date of this Agreement, ordinary wear and tear excepted; and
both parties shall thereafter be relieved of any and all further obligations
hereunder except as otherwise provided herein.
8. The easements and other rights herein granted by the parties, one to
the other, are not exclusive, and each party hereby reserves the right unto itself,
its successors and assigns, to utilize its property encumbered by the respective
easement herein given for such purposes as do not endanger or interfere with
the easements and other rights granted herein. Subject to the foregoing, each
party shall have the right to grant, with respect to properties owned by them,
such other easements, rights or privileges to such other persons and/or entities
and for such purposes as each in its sole discretion may select.
9. In the event either party shall seek to enforce this agreement by law,
both parties agree that the prevailing party shall be entitled to attorney's fees
and costs as awarded by a court of competent jurisdiction in Pinellas County,
Florida, through all appellate levels and post judgment proceedings.
10. This Agreement may not be amended except in writing signed by the
parties hereto or their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be duly executed by their proper officers thereunto authorized and their
respective seals to be hereunto affixed this _ day of , 199_.
Signed, sealed and delivered
in the presence of:
HIGHWOODS/FLORIDA HOLDINGS,
L. p" a Delaware Limited Partnership
By:
HIGHWOODS/FLORIDA GP CORP.,
a Delaware corporation authorized
to conduct business in the State of
Florida, its sole general partner
By:
Print name ~-e..n
Title y,'ce.. rre.s:M-
Q
, WITNESS si9p-pture .-
Printname~UL t.. I.J..)AA.-J--It-u="
Page 3 of 10
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STATE OF FLORIDA
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Notary Public - State of Florida
~NZ:S:E A'6?~J
J11P~;Print name of Notary
Countersigned:
I
PINELLRS COUNTY FLR
OFF.REC,8K 10318 PG 785
(NOTARY SEAL)
"..Ill "//.
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~OF F\O'"
DENISE A BRAUN
My Commi..ion CC517254
Expires Dec. 11, 1999
CITY OF CLEARWATER, FLORIDA
y thia E. G9.u~eau, City Clerk
Page 4 of 10
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PINELLAS COUNT;GrL~86
OFF ,REC.8K 10316
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
The fa egpilj1g instrument was acknowledged before me this d 3 day of .P' 'f 1/. 'f,_
J.t:L /V , 1991:, by Rita Garvey, Mayor-Commissioner, Michaoll..Meo ~I tee-
,f'Oity Manager, and Cynthia E. Goudeau, City Clerk, of the City of
Clearwater, Florida, a Florida municipal corporation, on behalf of the
corporation. They are personally well known to me or have produced
. - asidentification.
~JV M) ~ UJ!4:;0
otary Public - St te of Florida
-:DW/SeJ IJ, /;) 15 {);J
Type/Print name of Notary
. (NOTA~i~
G. ~ ft/ COMMISSION fI CC538OO8 EXPIRES
- \ ,: i June 18. 2000
--, ,iff.:.~ BONDEDlHRU TROY FAIN INSURANCE,INC.
Approved as to form:
~~~
John Carassas, Assistant City Attorney
Page 5 of 10
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EXHIBIT "Au. PAGE 1
LEGAL DESCRIPTION - ALTERNATIVE "'A"
PINELLAS COUNTY FLA,
OFF ,REC,BK 10316 PG 787
PARCEL "'A'"
A tract of land lying within the Northwest 1/4 of Section 17, Township 29 South, Range 16 East,
Pinellas County, Florida and being more particularly described as follows:
Commence at the center of said Section 17, also being the point ofinterseetion of the centerline
of Gulf- to-Bay Blvd. (~R 60) and Hampton Road (CR 144); thence South 89 deg 46 min 01 see
West along the South line of said Northwest 1/4 and the centerline of Gulf- to-Bay Blvd., for
2037.78 feet; thence North 00 deg 13 min 59 sec West, for 60.00 feet to a point on the North
right-of-way line of said Gulf-to-Bay Blvd.; thence North 01 deg 04 min 04 sec East, for 599.99
feet; thence South 89 deg 46 Olin 01 sec West, for 198.43 feet; thence North 00 deg 52 min 21
see East, for 134.00 feet; thence continue North 00 deg 52 min21 see East, for 420.70 feet; thence
South 89 deg 54 min 49 sec West, for 400.06 feet; thence North 01 deg 04 Olin 04 see East, 28,15
feet to a pojnt of curvature of a curve concave to the East; thence Northerly along the arc of said
curve, having a radius of 192.00 feet, a central angle of21 deg 53 min 54 see, an arc length of72,82
feet and a chord bearing North 11 deg 56 Olin 04 see East, for 72.39 feet to a point of tangency;
thence North 22 deg 47 min 58 see East, 11.93 feet to a point of curvature of a curve concave to the
Northwest; thence Northeasterly along the arc of said curve. having a radius of238.oo feet, a central
angle of 03 deg 53 min 02 see, an arc length of 16.13 feet and a chord bearing North 20 deg 51 min
27 sec East, for 16,13 feet; thence North 89 deg 54 min 49 sec East, 30.03 feet to the Point of
Beginning; thence North 00 deg 05 min 11 sec West, for 31.75 feet; thence North 42 deg 56 min
44 see West, for 9.79 feet; thence South 78 deg 06 Olin 49 see East, 43.05 feet; thence South 51 deg
49 Olin 59 see West, 10.31 feet; thence South 00 deg 05 Olin 11 see East, for 23.64 feet; thence
South 89 deg 54 min 49 see West, 27.34 feet to the Point of Beginning.
/ TOGETHER WITH:
PARCEL "B'"
A tract ofland lying within the Northwest 1/4 of Section 17, Township 29 South, Range 16 East,
Pinellas County, Florida and being more particularly described as follows
Commence at the center of said Section 17, also being the point of intersection of the centerline
of Gulf-to-Bay Blvd. (SR 60) and Hampton Road (CR 144); thence South 89 deg 46 Olin 01 sec
West along the South line of said Northwest 1/4 and the centerline of Gulf- to-Bay Blvd., for
2037,78 feet; thence North 00 deg 13 Olin 59 see West, for 60.00 feet to a point on the North
right-of-way line of said Gulf-to-Bay Blvd; thence North 01 deg 04 Olin 04 sec East, for 599.99
feet; thence South 89 deg 46 Olin 01 see West, for 198.43 feet; thence North 00 deg 52 Olin 21
see East, for 134.00 feet; thence continue North 00 deg 52 min 21 see East, for 420.70 feet; thence
South 89 deg 54 min 49 sec West, for 400.06 feet; thence North 01 deg 04 Olin 04 sec East, 28.15
feet to a point of curvature of a curve concave to the East; thence Northerly along the arc of said
curve, having a radius of 192.00 feet, a central angle of21 deg 53 min 54 sec, an arc length of72.82
feet and a chord bearing North II deg 56 min 04 see East, for 72.39 feet to a point of tangency;
thence North 22 deg 47 min 58 see East, 11.93 feet to a point of curvature ofa curve concave to the
Northwest; thence Northeasterly along the arc of said curve, having a radius of238.oo feet, a central
angle of 03 deg 53 min 02 see, an arc length of 16.13 feet and a chord bearing North 20 deg S I min
27 see East, for 16.13 feet; thence North 89 deg 54 min 49 sec East, for 70,51 feet to the Point of
BegiMing; thence North 00 deg 05 Olin 11 see West, for 10.99 feet; thence North 89 deg 54 Olin 49
see East, 75.34 feet; thence South 00 deg 05 Olin 11 see East, for 7.83 feet; thence North 89 deg
54 min 49 see East, 95.66 feet; thence North 00 deg 05 min 11 sec West, for 7.84 feet; thence North
89 deg 54 min 49 see East, for 220.03 feet; thence North 73 deg 57 min 01 see East, for 7.21 feet;
thence North 89 deg 54 min 49 see East, 23.34 feet; thence South 00 deg 05 Olin II see East. for
12.98 feet; thence South 89 deg 54 Olin 49 see West, for 421.30 feet to the Point of Beginning.
Containing in aggregate, 0.113 acres, more or less.
Page 6 of 10
SKETCH OF
.. .,.
ACCESS/PARKING EASEMENTS
, ALTER~T1VE -A-
EXHIBI 'Au, PAGE 2
N 01'04'04"[
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N01'04'04t
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THE SOUTH L~E Of
THE NORTHWEST 1/4 Of
SECTION 17, TOWNSHIP 29
SOU TH, RANCE 16 E AS T
CENTERliNE Of CULHO-BAY
BOULEVARD
CENTERlINE or HA"PTON ROAD
CENTER OF SECTlON 17
POINT ~ CQ,IMENCEWE.NT
CURVE DEL T A
Cl 21'~J'~4"
C2 3'53'02"
RADIUS
19200
238.00
ARC CHORD CHORD BEARlNG
7282 7239 N 11.56'04"[
16.13 16.13 N 20'51'27"E
SURVEYOR'S NOTES
1. THE SKETCH DEPICTED HEREON IS fOR GRAPHIC
REPRESENTATION ONLY AND DOES NOT REFLECT
A FIELD SURVEY,
2. NO INSTRUl.IENTS or RECORD REFLECTING EASEMENTS,
RIGHTS-Of -WAY, AND OR OWNERSHIP WERE FURNISHED
TO OR PURSUED BY THE UNDERSIGNED.
3. UNLESS IT BEARS THE SIGNATURE AND THE ORIGiNAl
RAISED SEAl Of A fLORIDA LICENSED SURVEYOR AND
MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS fOR
INFORMATIONAl.. PURPOSES ONLY AND IS NOT VALID
4. BEARINGS AieE BASED UPON AN ASSUMED G"TUM, 1oI0RE
SPECifiCAlLY THE BEARING Of S 89'46'01" W, BEING THE
SOUTH LINE Of THE NORTHWEST 1/4 Of' SECTION 17,
TOWNSHIP 29 SOUTH, RANGE 16 EAST.
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OFF ,REC.BK 10316 FG 788
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LINE BE ARING DISTANCE
LT N 00'05'11"' 31.75' Z ,..
L2 N 42'56'44"' 9,79' 0 co
L.3 S 78'06'49"E 43.05' -i
L4 S 51.49'59"' 10.31' "t) Z
LS S 00'05'll"E 23.64' r 0
L6 S 89"54' 49". 27.34' :> --1
-i 111
L7 N 00'05'11". 10.99' ~ 1]
N 89'54'49"E 75.34' r
L8 0 >
L9 S oo'05'11"E 7.83' -i
LTO N 89'54' 49"E 95.66' -i
fT1
L11 N 00.05'11.. 7.84' ,.. 0
L12 N 89"54'49"E 220m ;;
LTJ N 73"57'OI"E 7.21'
LT4 N 89'54'49"E 23.34'
L1S S 00'05'11"E 12.98'
L16 S 89'54'49"' 421.30'
f(E4
IIq Enllneerlna Auocllltl, IDe,
5010 _..I k.....d' ..~
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T_ n_ 33801
(113) 282-0111
CERTlflCA T[ Of
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WORK
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1999-191-000.RJ58
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Page 7 of 10
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~r.REC 8K COUNTY rLA
, 10318 PG 788
EXHIBIT "B"
(Park Place Phase 3A Parcel)
LEGAL DESCRIPTION
A tract of IGnd I)'!nO wittlh the North.at 1/4 of Section 17. Township 29 South. Range 18 Eoat.
Plneloa County, Flor1do and being men particularly ~ _ foIIon:
Commence at ttM c.nter' of laid Sectlon 17, cno ~ the point of 1nt<<8ect1on of ~ cent......
of Gulf-to-Boy 81'4 (SR eo) and Hampton Rood (~ 1<<): thence South at deg .., mh 01 Me
west along the South line of sold ~!ortt'....t 1/4 and the cent"lne of Cutf-to-Boy Bl~. for
2037.78 IMt; th4Inct North 00 de9 13 mln 59 Me rat. for 60.00 feet to a point on 1M North
rifIIt-of-way line of eaJd Qltf-to-8Gy 11'4; thence North 01 de9 04 mh 04 see E08t. tor ~.t9
feet; thence South 88 deg 48 mh 01 Me r..t. for 188.43 fMt; thence North 00 deo 52 mh 21
lee East. for 134.00 feet to the PcW1t of Begm"'o: thence contJnu. North 00 de9 52 mln 21 Me
Eoat. fer 420.70 feet; thence South 89 deo 54 mIn 49 Me rat. for 400.08 feet thence North 01
de; 04 mh 04 Me E oat. 28. 15 f..t to a point of CUNature of a c:ur'W conCCJYe to the E 08t; thence
Northef1y along the an: of eoId curw. h<Mnt a racAla 011"-00 feet. a centra an~ of 21 deo 53
mn 54 Me, an arc 1tn9th ot 72.82 feet and a chord Namg North 11 ~ :51 mln 04 Me E 08t. for
12.39 feet to a point of t~ tMnce North 22 cleo 47 mln 58 lee Ealt. 11.13 r.t to a point of
CUl'Wture of Q cutW c:onco\Ie to the ~wat; thence Northeast..y oIongthe arc of .old c:urw.
ho-Ytng a rodIu, of 238.00 feet. a centra Gft9Ie of 03 <leg 53 mln 02 Me. an arc length of 18.13
feet and G chord bearing Nclrth 20 deg 51 mtn 27 Me EGat. tor 18.13 fMt; thence North at deo 54
mh 49 Me Eoat. 931.70 feet; thence South 00 deg 05 mln 11 Me ECIIt. for 171.87 feet; thence
South 47 de9 00 mln 00 lee rat. for 140.00 r..t; thence South 10 de9 00 nm 00 Me Eoat.
54.00 feet; thence South 45 de9 00 nm 00 lee 'Nt. 318.43 IMt; thence South 89 deo 4& mIn 01
lee rest. for 245." feet to the Point of BegInning and cantalnlng 8.M ocr-. more << .....
TOGE 1M[ R IIlH thole certoh croee ~ents as Nt forth In E GMrMnt and Restr1ctlYe
~CWlt ~Mment r.corded '" 0Jl Book 5978. Page 2110. ae amended by f1rIt Wodfftcatlon
to E oaement and Restrictlw Cownant Agreement recorded In O.R. Book 8256. Poge 1111 and
Conffrmotlona of Croea EOMment. recorded h O.R. Book 78J0. Page 2388; o.R. Book 78JO,
PQge 2390 and O.R. Bode 8S39. Page 1411.
LESS AND EXCEPT tho8e certain portlona dMded to 1M State of Florida Dtpartment of
Transportation reccrded In O.R. Book 9055. Page 1180 and OA Book 9071. Page 1282. being
further desaf)ed 08 follows:
Commence at a ralrood Iplke morkJng the NOt.theost corner of the North..st 1/.4 of Section 17,
Townlhlp 29 South, R~ 16 East. PIn.noa County. flor1do. run thence N.89"56 4~".. a dIItome
of 2.689.93 fMt along \he North boundary of the Norihweat 1/4 of 80Id Section 17 to the Northwest
comer thereof; thence $.01 "03'38-w.. a cfletance of 1463.78 feet along the reet boundary of
the Northweet 1/4 of tGld SecUon 17: thenc. S.88"56'~.. G cRatanc:e of 115.S8 feet to the Eoat
right-of-way line of U.S. "9 p<< 0.0.1. Section 15150-2512 and h- POINT (s BEGINNING;
thence along .old ~t-of-WlQY line the ~ four (4) couraee; 1) N.01'03'38-e.. 0 cRatance
of 28. 12 feet to G point of anature; 2) Northerly. 72.83 feet alon9 the arc of Q curw to the right.
~ a rodlJ. of 19~OO feet and a Gentnll angle of 21"43"56- (chord beor1nQ --.
N.11"55'36"E.. 72.39 feet); 3) N.22"47'3TE.. G dl8tonce of 11.93 feet to a point of
CUNOture; 4) Northeo.terty. 5.88 feet ~ the an: of 0 CUNiI to the I.rt. hO'ftng G radlu. of 238.00
feet and a <*'ItrQI angle of 01"22'05- (c:hord beomCJ N.22"06'JO-e., 5.68 fMt) to a c:urw;
thence South<<ty, 115.31 fHt <IIon9 the arc of G curw to the rfci't. hcMnCJ a rodlu8 of 76<49.<< feet
and a central angle of 00"51'51. (chord bearlno S.03'21.30.... 115.37 feet): thence
S.89"5.3'49.W., 0 distance of 15.4a feet to the POINT OF BEGINNING.
Containing 1.475 square feet. more << Iesa.
Ha'flng a total ocreGO' of 8.81 ocree. more << I....
Page 8 of 10
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EXHIBIT "0"
LEGAL DESCRIPTION: (the "Soccer Field")
A portion of the Northwest X of Section 17, Township 29
South, Range 16 East, Pinellas County, Florida, being
more specifically described as follows:
The South 200 feet of the Northwest X of the Northwest Y4
of said Section 17 , Township 20 South, Range 16 East,
Pinellas County, Florida, LESS road right-of-way on the
West.
Containing 5.67 Acres, more or less
Page 10 of 10