USX CORPORATION (2)
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PEDESTRIAN ACCESS EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
usx corporation ("Grantor"), a Delaware corporation, in
consideration of the sum of Ten and NO/100 Dollars ($10.00) and
other 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.
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. puroose of Easement: The easement hereby granted shall
be for the purpose of pedestrian access to and from the Sand Key
Beach, 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. Riqhts 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 Estoooel 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.
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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
author~zed officers and its corporate seal to be hereunto affixed
this Uh day of .t/t?CI?.#'t b .eA:.... , 1989.
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ITNESS
7J( <17r-.i? K~
USX
Realty Development
By:
Vice resident and
General Manager
ATTEST: ,,','
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STATE OF PENNSYLVANIA)
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COUNTY OF ALLEGHENY )
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I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County af~esaid to tak~
acknowledgeme ts, personally appeared Ii/ 1f/,f)f.SeA
a d well known to be the
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respectively of the USX Corporation, a Del are corporation, 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 t.,-t:/1 day of OP'-/'r?/J.?I!J-t'/L ,1989~"
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NOTA~ PUBLI, ' ,';
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p, , 1.'-''''00, 'lLE"oE,W C""'JTY
'I"! cu~:/..::,:c;u F;;:1IRES JULY 16 1991
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M"ini,;"r, i:;:i:1;,~yli"nicl AssociaUon-;Notaries
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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., 2351.80 feet along the South line of said section to
the Westerly right-Of-way line of Gulf Boulevard (100' R/W, O.R.
1766, Pages 293-295) ; thence along said Westerly right-Of-way line,
N.31058'20"E., 857.04 feet to a curve concave Northwesterly, having
a radius of 1859.86 feet; thence Northeasterly along said curve and
right-Of-way line, 296.30 feet through a central angle of 09007'41"
(C.B. N. 27024'29" E., 295.9S feet); thence N. 22050'39" E., 303.80
feet to the POINT OF BEGINNING; thence leaving said right-Of-way
line, N. 67009'21" W., 395.27 feet to the mean high water line as
shown on the Sand Key Beach Renourishment proj ect Survey as
recorded in Bulkhead Line and Erosion Control Line Plat Book 2,
Pages 64-65 of the Public Records of said County; thence along said
line, N. 24039'22" E., 5.00 feet; thence S. 67009'21" E., 395.11
feet to the Westerly right-Of-way line of said Gulf Boulevard;
thence along said line, S. 22050'39" W., 5.00 feet to the Point of
Beginning.
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Gulf
N.T.S,
This is not 0 sur~ey
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Soutlleost corner of
Section 19/29/15
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BO IK 7212 PAGE A!h
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of
Mexico
Mean Hi9h woter Line
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R: 1859.86:
A: 296.30
CB: N 27024'29''E
N 220SO'39"E
BL VO.
N 24039'22"E
5,00'
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AFFIDAVIT OF NO LIENS
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
REPRESENTATIVES OF
USX CORPORATION, A DELAWARE CORPORATION who, being first duly
sworn, depose and say:
1. That they are the owners of legal and 'equitable title to
the following described property in Pinellas County, Florida, to wit:
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 North 890
04' 07" West, 2351.80 feet along the South line of said Section to the
Westerly right-of-way line of Gulf Boulevard (100' R/W, O.R. 1766,
Pages 293-295); thence along said Westerly right-of-way line, North
310 58' 20" East, 857.04 feet to a curve concave Northwesterly, having
a radius of 1859.86 feet; thence Northeasterly along said curve and
right-of-way line, 296.30 feet through a central angle of 090 07' 41"
(C.B.N. 270 24' 29" East, 295.99 feet); thence North 220 50' 39" East,
303.80 feet to the POINT OF BEGINNING; thence leaving said right-of-
way line, North 670 09' 21" West, 395.27 feet to the mean high water
line as shown on the Sand Key Beach Renourishment Project Survey as
recorded in Bulkhead Line and Erosion Control Line Plat Book 2, Pages
64-65 of the Public Records of said County; thence along said line,
North 240 39' 22" East, 5.00 feet; thence South, 670 09' 21" East,
395.11 feet to the Westerly right-of-way line of said Gulf Boulevard;
thence along said line, South 220 50' 39" West, 5.00 feet to the Point
of Beginning.
2. That said property is now in the possession of the record
owner.
3. That there has been no labor performed or materials furnished
on said property for which there are unpaid bills for labor or
materials against said property, except lif none insert "none"):
none
4. That there are no liens or encumbrances of any nature
affecting the title of the property hereinabove described, except (if
none insert "none"):
none
5. That it is hereby warranted that no notice has been received
for any public hearing regarding assessments for improvements by any
government, and it is hereby warranted that there are no unpaid
assessments against the above property for improvements thereto by any
government, whether or not said assessments appear of record.
6. That there is no outstanding sewer service charges or
assessments payable to any government.
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7. That the representations embraced herein are for the purpose
of inducing CITY OF CLEARWATER, its agents, successors and assigns to
rely thereon.
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WITNESS
ticVf1old?rr~
WITNESS
USX CORPORATION,
USX REALTY DEVELOPMENT
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d~"~WrH~~ST
Sworn to and subscribed to before me thiS~~
A.D., 1990.
My
Commission Expires:
Notary PubRc
State of Florida at Large
My Commission expires:
NOV(,;T,"''l' 14, 1993
day Of~
yY~rw~~f2J
Notary ublic . ,___ - __:--
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