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CLEARWATER INNS INC FORMERLY HOLIDAY INN OF CLEARWATER INC i l' / '" e e D.R 2363 fWGF,478 66 30734 a.. ~-tQ''')!-~~\tl~-. t' S ca. {'. ~ t\.~" ,\"t\.~~,-\.E."uo? t \,....0\.0 ~\\ ,~~ 1 \\ \~ kl EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CLEARWATER INNS, INC. (formerly Holiday Inn of Clearwater, Inc.) a Florida Corporation, does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a municipal corporation, a permanent easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: PERMANENT EA-BEMEm: A tract of land 10.0 feet in width more particularly described as follows: Start at Northeast corner of Section 18, Township 29 South, Range 16 East and go North 89039114" West 100.02 feet; thence South 01003 '04" West along the west right of way line of U. S. Highway 19, 1386.24 feet to a Point of Beginning; thence North 88056'56" West for a distance of 150 feet; thence North 89040'58" West for a distance of 449.52 feet; thence North 010 03104" East for a distance of 10 feet; thence South 89040'58" East for a distance of 449.52 feet; thence South 88056'561' East for a distance of 150.06 feet; thence South. 01003'04" West for a distance of 10 feet to Point of Beginning. This easement being for installation and maintenance of water transmission mains. The CITY OF CLEARWATER, FLORIDA, shaU have the right to enter upon the above described premises and to construct, install and maintain thereon any water transmission mains and to inspect and alter such mains from time to time. CLEARWATER INNS, INC., the Grantor, does hereby further agree to the installation by the CITY OF CLEARWATER, Grantee, of a meter pit to be located in the existing right of way of U. S. Highway 19 at the eastern most terminus of the hereinbefore described permanent easement. The said meter pit to be constructed underground with the top, level with the ground surface, and the cover over the meter pit constructed to allow and carry vehicular traffic. It is hereby agreed by the Grantee that upon completion of construction that the area herein granted as an easement will be restored to its original condition prior to construction. It is further agreed that the water mains installed will be constructed underground in such manner as to allow and carry vehicular traffic and that the Grantor may dedicate the said easement as a part of a public road or street. IN WITNESS WHEREOF, the party hereto has caused these presents to be duly executed by its proper officers thereunto authorized and its seal to be hereunto affixed, this ~31l.iL.i, day of 171~ , 1966. CLEARWATER INNS, INC. Signed, sealed and delivered in the presenC~f: cff~j_~ '0f"J,_~~ .(t' By Attest: J./, t ", , '" ,~ - f j ,. e e ... . "'- '.' ....- o. R23&1 PNGt ,479 STATE OF ALABAMA ) ) COUNTY OF JEFFERSON ) I HEREBY CERTIFY that on this :J.3RV day of JJ7t1.~L 1966, before me personally appeared C. R. Dudley, Jr. and M. o. Sims, respectively President and Secretary of Clearwater, Inns, Inc., a corporation, to me known to be the individuals and officers described in and who executed the foregoing instrument and severally acknowledged the execution thereof to bethair:frea aot, and daadaa such-..officer.s~thereuntodu1y authorized, and that the official seal of said corporation is duly affixed thereto, and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Birmingham, in Jefferson County, State of Alabama, the day and year above written. I ! j , I ~ ~ ; { i ~ \'/. e')'>""" \,.~ ..'. "".....; I;) _') .:, , ~ . ~ ~ ~:;;. . ":,~< " '\M\y\d~~fgi.on Expires: , ,'''0: .-,:~: p U ~.~ '7 /9Cc?- '. -, ,.,.."f ' ~~ti~d~ . ' .f e 66 44191 e Q,R 2391 fAi,E371 /~ SUBORDINA TION OF ENCUMBRANCE TO PROPER TY RIGHTS TO CITY OF CLEAR WATER, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, it is proposed by the CITY OF CLEAR WATER, FLORIDA to locate, construct, maintain and/ or improve water transmission mains in the corporate limits of the City of Clearwater, Florida, in accordance with survey and plans on file in the office of the City Engineering Depart- ment; and WHEREAS, A portion of the lands involved and necessary to said construction is subject to a mortgage held by the undersigned; and, WHEREAS, on behalf of the City of Clearwater, Florida, a request has been made for the undersigned to subordinate said encumbrance to the property rights of the City of Clearwater, Florida, in and to the portion of the premises hereinafter described. NOW, THEREFORE, WI'IN'ESSETH: That for and in consideration of the premi es and One Dollar and other good and valuable considerations paid, receipt of which is hereby acknowledged, the undersigned subordinates said encumbrance to the property rights of the City of Clearwater, Florida, to locate, construct, maintain and/ or improve water transmission mains over, through, upon and/ or across the following described lands, being a portion of the encumbered premises in Clearwater, Pinellas County, Florida, to wit: A tract of land 10.0 feet in width more particularly described as follows: Start at Northeast corner of Section 18, Township 29 South, Range 600 1 East and go North 89 39114" West 100.02 feet; thence South 01 03I04":Jl: West along the West right of way line of U. S. Highway 19, 1386. 24 ~ feet to a point, thence North 88056156" West for a distance of 150 feet; ~ thence North 89040'58" West for a distance of 449.52 feet to the Point of Beginning; thence North 89040143" West for a distance of 384. 70 feet; W thence N 00041118" East for adistance of 10 feet; thence S 89040143" East for a distance of 384.82 feet; thence South 01003'04" West for a distance of 10 feet to Point of Beginning. ::: V1 t..O -0 :3:: :I> ;0..." 0- ,....% <:7 l!!:;Q ~r"'F'" r.~O r- v, r'1 nc.-, ap ;;D 0...,0 :>).1""" fT1 ~f1OG n~ '-0 ~)> ;:00: ~ c::n CT') insofar as said premises are affected by the following described encumbrance now held by the undersigned: Nature of Encumbrance Date Fr om or Against In Favor Of Recorded Book - Page Mortgage May 14, 1965 Highland Forest Development Corporation Cecelia M. Brown Schulte, et al O. R. 2155 - 556 ~U3) '. e e O.R 2391 PAGE372 PROVIDED. ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the City of Clearwater, Florida in its use of the land specifically above described, for utility easement purposes only, and that nothing herein contained shall in any way affect, alter, impair, minimize or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereout, or against the parties charged thereby, the full amount of all sums secured by and/ or due under the same. It is further understood and agreed that in the event said above described premises are abandoned by the City of Clearwater, Florida and cease to be used for utility easement and maintenance purposes that in such event the subordination of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance become of the same status with refer_ence to such abandoned portionasoifthe subordination had never been made. IN WITNESS WHEREOF the said holders of said encumbrance have duly executed this instrument this \)t''' day of A-r".; J ' A. D. 1966. kJ"'--11J-;J~j~ CeceliaM.~Bro Schulte (5tl..t l~ ~:Ji!L As to Mary M. Brown Sav: ge . ~11l4~~~. i.l. Mary, . Brown Savage tJ>, ~ . . , f': .~. . /7.; , , ~~~. ~,-.v- "'./~A- ecilia Dolores Savage Theis~ Theisen ~~~-: _ ~q~O~~~~ ~C"~.. .~ \\-UC\~ Cecelia Robertine Schulte Marquis ' Air to Celia Robert' 9 ./.~ - OJr,a(l~ As to Mary Kathleen Savage Russell 6d~ ~71 ~~~~ Edna M. Brown -2- " e e O,R. 2391 PAGE373 COUNTY OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oats and take acknowledgments, CECELIA M. BROWN SCHULTE and EDNA M. BROWN, to me well known and known to me to be the individuals described in and who executed the foregoing instrument, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clearwater, County of Pinellas,~t~tH of Florida, this:)3 --4 day of )v)u~) A. D. 1966...-",:""';" '"',, "~E. Notary P blic W p"; hV'"eA'd ./'-;:':;~'~' . >, 'J'" ....' , c' My Commission Expires Notary Public, State of Florida at Large ~,1y Commission Expires Nov, 21, 1969 l;IQRg~d by TFaRs8F1'1eriea 11'I311ranCe Co. t :_'{; ~, .1:;/ ,'/~ -0 .. ,.,( '.' "~ ,0 -\~, J '. , ",,, ,~" '" <";li" ~ ...~:;r'trJ" ",," , " ' >, ,~'; STATE OF MICHIGAN ) COUNTY OF ---..J,:t.~(Y.~ } I HEREBY C~RTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, MARX.,~..;;,;!;, BROWN SAVAGE, to me well known and known to me to be the individual des,cj,~'i~~(f:~,,;~:::.::?;, ,~. <;).. " -, '_~ "0: ,i "'" in and who executed the foregoing instrument, and she acknowledged before~i~~'" { "\~> that She~::::: :; ::e~:e::~i:: :::~:ri1Y ~es theremiE:e:~ \)~ O\...\J , State of Michigan, this 74r-d y of \A-v...;l'.~'.\'.",'.'.Ai;~D.'d:9'66;/ - \;.\'," N ort~ldi!) ,f1-O-Jj-<"tJ(.. .'. ".". WIWE~;~oWO.,. h: ~y Commission Expires NO., Pu\iRe:, WiYne County, Mich~ My Commission E.xpire8 Sept 7. 1968 STA TE OF MICHIGAN COUNTY OF W c..,,\ ~ e..- o ) ) I HEREBY CER TIFY, That on this day personally appear ed before me, an officer duly authorized to administer oaths and take acknowledgments, CECILIA DOLORES SA V AGE THEISEN, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. " WITNESS my hand and official seal at L- \ V 1:'1'" it;, ~"~~~o:~~c~,,",,"'" L , and Stat e of Michigan, this J ~J .l^..J;>-~L'~M6~.\' ':." ", {.:,~) \. j.~}' . ",,: ' .., \"..; ~ ,/ e '-, %'~': " <~~". , . ,", ,;,: :.: t~", (~, :," .\~>'" 'MY~,:C'O~tnission Expires , County of day of It fr i I II~,IJ~ Notary Public H. GEORGE BURROWS Notary Public, Wayne County, Mich. My Commission Expires June J 6( 1969 -3- . . .. e e .~ , 0,8.2391 PAGf374 STA TE OF FLORIDA ) COUNTY OF BROWARD ~ I HEREBY CER TIFY , That on this day personally appeared before me, an officer duly authorized to administer oaths, and take acknowledgments, CECELIA ROBER TThTE SCHULTE MARQUIS, to me well known to be the individual described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. " "'WiTNESS my hand and official seal at ~ ~~~ounty of ~~~ward, State of Florida, this 1.2tt: day of -<:.;e A. D. 196~. _ _ i";'" ~-r:24 , ; ) . t r ic ~ . , Notary PL''''iI~. State of F!~S ~ ~r~ . ' ,My CO~I:rsS'J:l ;cx~res ,!!~ne 13, 1967 M . 'C'" ..'. E' conded Bv Amer)can:'~rety l:;o, of H. 'i.a y . . Omm1.SS10n xplres.t.'- '.'. . ~. .. '. STA TE OF MICHIGAN COUNTY OF w,4"1,vt? ) ) I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, MARY KATHLEEN SAVAGE RUSSELL, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. 'V'{1J:l'JESS my hand and official seal at tP"--I~':- ,and State of Michigan, this .l9,66. verefJ/1 ,County of g day of j+pe Ii- A.D. ~u~c~ Rotory Publ' MI! ,1. SC,:!-AFF M C Ie, V. ayne '~Ounty Y ommission Expires July 25, Mid,. 1969 ...< ~'~.4\; ~ "i# 'f:" "'_, , -' ",':" Myd~ini~~n"~xpires . '. " . ~ -4-