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USX CORPORATION I \. ., .. . t I ..-,', ...,).;;! INST t 92-018897 JAN 22, 1992 5:18PM ...:-' , PINELLAS COUNTY FLA. OFF. PEe,','. I~,' K' 779 j. . PG 1 ~5~j~:5 11 RECORD~ AGCT ~,-,-~ REC IOprj;tO FEES MTF ____ PTG --- By PIC DOC INT , TOTAL USX Corporation ("Grantor"), a Delaware corporation, In r~ ~~'O, consideration of the sum of Ten and No/100 Dollars ($10.00) and v~ ~ther good and valuable consideration paid to Grantor by the CITY OF CLEARWATER, FLORIDA, a municipal corporation ("city"), the mailing address of which is Post Office Box 4748, Clearwater, Florida 34619-4748, hereby grants, bargains and sells to city, its licensees, agents, successors, and assigns forever, for the use of the public designated by City, a permanent, irrevocable non- exclusive easement, for the purposes herein expressed, over and across that certain parcel of real property (the "Easement Area") situated on Sand Key in the city of Clearwater, Pinellas County, Florida and more particularly described in Exhibit A annexed hereto and hereby made a part hereof. Documentary Tax P $ $ Karleen F. De Blak ~ PEDESTRIAN ACCESS EASEMENT . (.pO KNOW A BY THESE PRESENTS: TO HAVE AND TO HOLD the easement hereby Granted unto City its licensees, agents, successors and assigns forever, upon and subject to the following terms, conditions and reservations: 1. Purpose of Easement: The easement hereby granted shall be for the purpose of pedestrian access to and from the waters of the Gulf of Mexico as the mean high water line thereof exists from time to time, including the installation of a five (5) foot concrete sidewalk by Grantor, and also including the right of City to install steps, dune walk-over structure, landscaping and other surface improvements relating to pedestrian access to the Sand Key Beach and for all purposes reasonably related to the implementation of the foregoing, and for no other purpose. 2. Maintenance: City shall maintain the surface improvements on the Easement Area in good condition at its sole cost and expense. 3. Term of Easement: This Pedestrian Access Easement shall be perpetual and irrevocable. 4. Easement Beneficiaries: The easement granted herein shall be for the benefit of the City and the general public and City's successors and assigns, and city's invitees, lessees and licensees, and also including without limitation, Grantor and its officers, employees, agents, contractor, invitees, and assigns. 5. Rights Reserved: It is expressly understood and agreed that the Grantor reserves unto itself all rights of ownership of the Easement Area not inconsistent with the easement granted herein. 6. Miscellaneous: 6.1 Attornev's Fees: In the event of litigation relating to this Pedestrian Access Easement the prevailing party in any such action will be entitled to reasonable attorney's fees and costs through all appellate levels. 6.2 Estoppel Certificate: Upon prior written request of either party the other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory to the requesting party. (!(! ~~,0 ,q", RETURN Tm CITY CLERK POST Or-FleE BOX 4748 CLEARWATER, FL 34618-4748 KAF~I...EEN F. nEfH AK'E:'F~~"I 'f"K' . ... f"I ..,., ., .., RECORn VE:'R' '[ I:' '[ E'I' BY' ~ .-/ .'-. .... ~. ......1 '. ~ -11--02/-06 fr) " ~.:' I '.. f'INE:LLAS COUNTY F"'f d cPl. F RE'(" ...n · ~- · ...,. F.lK 7?9 j F~'(:- j '0.... "----=.~ , . ,). . ...J ,J 6 6.3 Notice: All notices to be given regarding this Pedestrian Access Easement shall be in writing and be deemed given when delivered by hand or three (3) days after the date when mailed, return receipt requested addressed to the following: If to Grantor: USX Corporation c/o USX Realty Development 600 Grant street - 2656 Pittsburgh, Pennsylvania 15219-4776 Attention: James B. Rutherford with a copy to: John A. Hammerschmidt, Esquire Senior General Attorney USX Corporation 600 Grant Street Pittsburgh, Pennsylvania 15219-4776 If to City: City of Clearwater Post Office box 4748 Clearwater, Florida 34619-4748 Attention: City Manager with a copy to: City of Clearwater Post Office Box 4748 Clearwater, Florida 34619-4748 Attention: city Attorney IN WITNESS WHEREOF, Grantor has caused this Pedestrian Access Easement to be executed in its name by its undersigned duly authoriz~, officers a~e seal to be hereunto affixed this -1tf day of , 1991. ~rI3~ ~AL<- -I! ~__ ___ US~ CORPORATION '.,' -:-(' By. .,~ V - (Seal) A~~ .~ STATE OF PENNSYLVANIA) )SS COUNTY OF ALLEGHENY ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ~ L3.1e:;,-M~~Q.J _and .:J", ~. ~I ~i.y well known to be the G""~e.c..4" /H+,...,~<-.t;~Mi'!AJr and ~.ssy; ,'e'C'.orre'",~V , respectively of the USX Corporation; a~ Deiawarecorporation,. and that they severally acknowledged executing same, freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true and corporate seal of said corporation. WITNESS by hand and official seal in the County and State last aforesaid this /-1/M day of #,i/.e.-w4:J~-"<... , 1991. )7;4' ~ 7! 1('~ NOTA~ PUBLIC ' My Commission expires: Notarial Seal ~ A. Klus. Notary Pl....... PittSburgh A!fegheny ~UUIf\i My eorTlf11leifoio, ExPres July 1 ~ 998. a ono \ ... ;.. "'. - .t!.. I ~__P~~ELLAS COUNTY FLA. OF~.kEC.BK 7791 PG 1~~'7 .. ,J ..J EXHIBIT A LEGAL DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT THAT PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Section 19; thence N. 89004' 07" W., 2,351.80 feet along the Southerly line of said section to a point on the Westerly right-of-way line of Gulf Boulevard (100' right-of-way, O.R. 1766, ~ages 293-295): thence along said Westerly right-of-way line N. 3158'20" E., 553.31 feet to the POINT OF BEGINNING; thence N. 89004'07" W., 383.00 feet more or less to the waters of the Gulf of Mexico (reference l?oint "A"); thence returning to the Point of Beginning, run N. 31 58' 20" E., 5.84 feet along said right-of-way line; thence N. 89004'07" W., 5.00 feet Northerly of and parallel to the aforedescribed 1 ine 383.00 feet more or less to the waters of the Gulf of Mexico: thence S. 31058'20" W., 5.84 feet along the water of the Gulf of Mexico to reference p6int "A". . . . " 1.,_ 0~ I 1 PINF.""L , ~.... ..,..,.~ .~.AS COUNTY FL.A. 01 f.REl.BK 7791 PC l~~o ., " ...J .../(;) ~ ~ (j PROPOSED S' PEDESTRAIN EASEMENT P~'A" N89D04'07"W 383.00' N89D04'07"W 383.00' L /<1 ,~ ~ S ~ N31 D58'20"E 5.84' ~ P.O.B. :t 7 N N.T.S. NOTE: This is NOT a Survey... Southeast Corner Sec. 19/29 /15East N89D04'07"W 2351.80' J.C.J. 12/24/91