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LOKEY OLDSMOBILE INC ~ 1.......~ ~ I I . .,~D 40 REG ~i~---- 41 St" 0 42 Sur - ---~---- 43 Int ---------- To cQ~l:..d-() INST # 96-327510 DEC 2, 1996 5:07PM 0..1 n.Eeoy:. ING V>"C' .~ {)() :.....,32- , m: _~, PINELLAS COUNTY FLA. OFF.REC.BK 9538 PG 1671 1NT PI{:~~S l\;ITF PiC WATER MAIN AND UTILITY EASEMENT REV 4.S0 THIS WATER MAIN AND UTILITY EASEMENT is granted on November 1-, 1996, by the LOKEY OLDSMOBILE, INC., a Florida corporation, its successors or assigns ("Lokey") in favor of the CITY OF CLEARWATER, a municipal corporation of the State of Florida (the "City"), 100 South Myrtle Ave., Clearwater 34616. fI'O~,;lO <"? R E C ! I A b S: A. Lokey owns certain real property located in the municipal limits of the City of Clearwater, in Pinellas County, Florida, and has received conditional use approval from the City to have outdoor retail sales, displays and storage of vehicles, i.e., automobile dealership on its property (the "Lokey Property"). B. The ELL-CAP/DIVERSIFIED 58-HILLCREST, a California limited partnership ("ELL-CAP") owns the property located immediately south of and adjacent to Lokey Dealership Property which is developed as the Hillcrest Mobile Home Park (the "ELL-CAP Property"). C. The City required Lokey, in conjunction with the conditional use approval described in Recital A, above, to install a water main across the Lokey Property that would connect to a new fire hydrant assembly that would be located on the ELL-CAP Property. D. ELL-CAP is granting by separate instrument a Fire Hydrant Assembly and Utility Easement to the City for the installation, operation and maintenance of a fire hydrant on the ELL-CAP Property. E. The location on the proposed water main and utility easement on the Lokey Property is more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Water Main and Utility Easement Property"). oe/t~~ RoW G. A graphic depiction of the Water Main and Utility Easement Property is provided in Exhibit "B" att~hed hereto and made a part hereof. This instrument was prepared by mid return to: E.D. ARMSTRONG III, ESQUIRE qOI'/ JOHNSON, BLAKELY, ET AL I j T P. 0, BOX 1368 CLEARWATER, FL 34617-1368 .. ,,; ___. ~'-__+__~~. d _" ". . K3!i~tDn F" .D{~ LLi.h.'.:.r, Ci:.;;L, ;::i:~_''':;:::;.l~: C\);'.~j)Y BY=.=,~~~,~___,___,_,_" [:,:,ii'i/ ':;;:"~ ./ (1,-/'; ",-' ii/'., l ""'" , ., ....~< ; \,., . " ~'" < ."'" ,.. I I PINELLAS COUNTY FLA. OFF.REC.BK 9538 PG 1672 H. The easement described herein shall be perpetual. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lokey hereby covenants and agrees as follows: 1. Recitals. herein by reference. The above recitals are true and correct and are incorporated 2. Grant Water Main and Utilitv Easement. Lokey hereby gives, grants and conveys unto the City a nonexclusive, perpetual easement over, across, under and through the Water Main and Utility Easement Property described in Exhibit "A" for the purpose of installing, operating, maintaining, repairing, replacing, and inspecting a water line that connects to a fire hydrant on the ELL-CAP Property. 3. General. a. Effective Date. The easement created and imposed hereby shall be effective upon the recording hereof. b. Modification or Amendment. This Water Main and Utility Easement may not be modified in any respect whatsoever, or rescinded, in whole or in part, except with the written consent of the City in a written instrument duly recorded in the Public Records of Pinellas County, Florida, which consent shall not be unreasonably withheld. c. Bindina Effect. Lokey hereby represents that the Water Main and Utility Easement Property is free from all liens and encumbrances, and that Lokey has good right and authority to grant the easement described herein. The burdens of the easement granted herein shall run with the Water Main and Utility Easement Property and shall bind the owners thereof, and their respective heirs, successors, successors in title, legal representatives and assigns. d. Governina Law. This Water Main and Utility Easement shall be construed, governed, interpreted and enforced in accordance with the laws of the State of Florida. -2- ^ . ..~ ( 4 ., i. I I PINELLAS COUNTY FLA. OFF.REC.BK 9538 PG 1673 IN WITNESS WHEREOF, the undersigned has executed this Water Main and Utility Easement as of the day and year first above written. WITNESSES: .I\\UHUUJ.r, I . ..,....\...\ t,' ,_" "_'_'~ ,'ti ~ 4 . '"' " (CORPORA TE,.stAti:~~....,~.;... 1~i~~((~F!J) : , " ,"... ., v " .fJ ik~1 : ,~~ -e. _ ;,tG' , '>'>~~"<:.,":."~".' r111q: ~ ~_.b~~ - " Signature ~ \......t_ ~~(""\ 01" f\ ' l~C( Q)1riO~~__o.c:0r . ~ ~\ Signature 00- (j ~~A4IQA CP08112.<;S. Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS ) 11 The foregoing instrument was acknowledged before me this J day of ~ ,1996, by PAUL B. LOKEY, President of LOKEY OLDSM~ILE INC., a Florida corporation, on behalf of the corporation. He [~ersona"y known to ~has produced as identifi~~~ Notary Public ~ Print name: 8lJTRE .:LSE^,[rl5~ My commission expires: 'I, EDYTHE L SENENSKY ill. 1; State of AorIda My Comm. Exp. Sspl8, 1997 CliT1fll. # CC 3137S7 CI PI!RSClNAU.v KNOWN BY ..e CI fIMlDIIlCiD LD. Exhibit "A" Exhibit "B" Water Main and Utility Easement Property Graphic Depiction of Exhibit "A" 10/25/9610:47 AM 12172.93023 #0105350.01 -3- .(:.0 .::~ '''.. ,r- , , I I PINELLAS COUNTY FLA. OFF.REC.BK 9538 PG 1674 EXHIBIT "A" LEGAL DESCRIPTION PROPOSED WATER MAIN AND UTILITY EASEMENT - LOKEY PARCEL DESCRIPTION: COMMENCE AT THE NORTHWEST CORNER OF THE S.W. 1/4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND GO s.89042'29"E" 1778.61 FEET, ALONG THE NORTH BOUNDARY LINE OF SAID S.W. 1/4 CENTERLINE OF GULF-TO-BAY BOULEVARD (STATE ROAD NO. 60); THENCE s.00049'56"w., 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BOULEVARD (STATE ROAD NO. 60); THENCE s.89042'29"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, 27.95 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE s.89042'29"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, 72.05 FEET; THENCE s.00049'56"w., 280.01 FEET; THENCE N.89042'29"w., 7.50 FEET; THENCE N.00049'56"E., 275.01 FEET; THENCE N.89042'29"w., 64.50 FEET; THENCE N.01 017'31"E., 5.00 FEET, TO THE POINT OF BEGINNING. 7C075944 JMF 12-02-1996 01 EAS-CLWRlLOKEY OLJlS RECORDING 1 DOC STAMP - DR219 3 REVENUE 13 lb'Sf'!,)? ., "'t... f $".14 1'..)/) i. . '. $,70 .to I ".1 ii"t. .,,11) TOTAL: CHECK AMT.TENDERED: CHANGE: $''1'9. ,V1 . .'1 , ,t:.a .11 ,,~,.t. $ ;~~~:~l ~ 2rJ ~ "J" .:.! 1.1 "AUG-22-1996 10:36 :r: 1-1 . · ': .. l." , 0' I -1"0: UlCI: CO LLOVERAS,BAUR&STEVENS 8137848153 P.09 I . JI~ELLAS COUNTY FLA. OFF.REC.BK 9538 PG 1675 . GULF-TO-B~Y BOULEVARO"(S.R. ~o. 60) b ~.09. ....{?-29.E.. 171~.6 r /I~ .. ~ b ~. ~~ .' 0 0' ~0 <<,..... y g ~. ~0.~v" ." ~~r ~ '^~~' (/) 100.00' ,,- 'V __72.05' -,;r:og. ~2'"29'w:-:i'l 0.1.50' ~I N.01'-17'-:}1"E. C!\ ~ 6,00' ~ ~ --1 PROPOSED WATER MAIN 1l AND UTIUlY EASEMENT I , \ . .' \J S <((;Sj ~~--{ . \\..\'0 \..0 ?~G G~?-- '" I I ~. ~ to ~ I FIRE HYDRANT ASSEMBLY ~ ,01 . AND UTILITY EASEMENT '"f 1'1 (TO BE RECORDED BY 8 ~ SEPARATEINSTRUMENn z . 1~.09' --12'.29"W. . 7.50' , NORn-tWEST CORNER OF THE S.W.1/4 OF SECTION '0.' TOWNSHIP 29 SOUTH. flANGE 16 EAST PINEl..l.AS COUNTY, FlORIDA .\ a~~\.... ~~\' 2 10' 2~'~.2' &,,0' SCALE IN FEET . . . ?J\\-.~ S~O . . 'C O\-U ~~S \..O'f...~ . ~~ S~ ~ \,\~'l'l C ~~~\C 1'\\1 S " .~ ;:..-- HILLCRES-r- MOBilE HOME PARK ----- WATER MAIN AND UTILITY EASEMENT BOUNDARY PLAN N.oO' -49'.50"E., .toO' 5.0go -42'-29.E., <1.0(1' soun~ RIGHT-OF-WAY UNE OF GULF-"!9-BA Y f30UlEV ^AD 7.5' 7.- (')C~'v. ?~" \ N.09'-4Z'.2~'Y"'" 4.QO' EXH1BIT II 8 II