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USX CORPORATION (3) co q- r- ro""f q- ro r- ,.... ..:::t <0 q- p::,c::)<C':l ceCa I-wco ;2' -' -' ,.... (..) LU u.. ,-,-. (..) ~~U::o:: LLj_~LU eC(..) !;i ~~ acr.: C-~ -' ~ 1. Pur~ose of Easement: The easement hereby granted shall be for the purpose of installation, maintenance, repair and replacement of water, sewer, and other utility lines, equipment and fixtures (the "utilities") for Grantor's adjacent project, and for reasonable access to the Easement Area for such purposes; provided however, that the utilities shall be installed underground by Grantor in accordance with good engineering design; and provided further that after any maintenance, repair or replacement thereof by City, the city shall promptly restore the areas affected thereby to their original condition at the City's sole cost and expense. >> ....Cl co 'i' '"0 ~~ v ;e, ~ ~ 0..1-; ~cO V-, rl a,d ~'o ~ .;; ..:: ,,' M ~~t)~ ~..o:':;~ _ ..,< v ~ .... et: '" .... ~ 5~ >-.~ ~ S < .';< ~ '~ ~ . 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('... ./..-,1, l:::t!:;;:.,FF.'..':::;.,.::: '" "j"j I: ,...-:' UTILITY 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 City and such persons as shall from time to time be designated by city, a permanent, irrevocable non-exclusive easement, for the purposes herein expressed, under that certain parcel of real property (the "Easement Area") situated in same 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: ' 2. Purposes of Easement: This utility Easement shall be used only for the purposes specified in paragraph 1 above and for no other purposes. 3. Term of Easement: perpetual and irrevocable. This be utility Easement shall 4. Easement Beneficiaries: The easement granted herein shall be for the benefit of the City. 5. Rights Reserved: It is expressly understood and agreed that the Grantor reserves unto itself rights to connect to the utilities and 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 utility Easement the prevailing party in any such action will be entitled to reasonable attorney's fees and costs through all appellate levels. 6.2 Estopt>el 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. 6.3 Notice: All notices to be given regarding this utility Access Easement shall be in writing and be deemed given when delivered by had or three (3) days after the date mailed, return receipt requested addressed to the following: KAR~~~N ~: ~~~~AK~~~6~~ERK -5 #"'.-f I :f:: * ::.;.;" :""i f ". T (:.: :r to, i. ,...; !::. ',.c: ') j::,; Ii ~:. ''1'" .~ ___ __!I:~')~'_ '.:'.' :L :..' _.. F' (, ;:; i If to Grantor: USX corporation c/o USX Realty Development 600 Grant street - Room 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 utility Easement to be executed in its name by its undersigned duly authorized officers and its corporate seal to be hereunto affixed this u'l-h day of ~ec PA1 h (?~ , 1989. ~~~ , ITNESS USX C Development By: Vice President and General Manager 7~~~ K 1:'~ WITN S ??~...., :..~ , '~ " ~ .. .. .. . . .:. '. J "', .~ , " 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 a:t;9resaid to take acknowledgem ts, personally appeared t.(/. tv, K / S e.L an f. we~ known to be the and ~ -S €~. -I , 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 i~the County and State last aforesaid this (~ -t::h day of i!/ e. C~/t! h <' ~ , 1989. 71k~ ,K l-;;!w NOTARY PUBLIC My Commission Expires: ..,....."..".-- ,"",~"""".,..""., .. '---"'-~"""'~~'~;,;;o;.:;:~ . t<OlARiAL SEAL MARYLOU R. I\LUS, NOiARY f)USUO PIHS2UfiGH, ALl.EGHENY COUNTY MY COMtHSS!ON EXPIRES JULY 16.1991 ~-~,----- ~- Miittnb..r, Pennsylvania Association of Notaries '. , , I ;~: :t'; u ::::; ;,. F ,~:' C:, .~ ~'d. :.~: ~:'! ~:':~ ili::: fl', i 'J;"" EXHIBIT A LEGAL DESCRIPTION OF UTILITY 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. 89004'07I1W., 2351.80 feet along the South line of said section to the Westerly right-of-way line of Gulf Boulevard (100' RjW, O.R. 1766, Pages 293-295) ; thence along said Westerly right-of-way line, N.31058'20IlE., 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. 27 0 24 ' 29" E., 295. 99 feet) ; thence N. 22 0 50 ' 3911 E., 298. 80 feet to the POINT OF BEGINNING; thence leaving said right-of-way line, N. 67009'21" W., 395.43 feet to the mean high waterline 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., 10.01 feet; thence along said line" S. 67009'21" E., 395.11 feet to the Westerly right-of-way line of said Gulf Boulevard; thence along said line, S. 22050'3911 W., 10.00 feet to the Point of Beginning. ,. ... , . I I .-~ ~~'l' , [" roO C" ('\ \..~ \ \ ...., 'Y'. ,1. ':. ):~:;'; (") ii:.\I;:;.F\. i.:; '.~. 1~;:L __;~;'I\~;I:::_~^'_~~.~/> "------ ---"-- - - Gulf of Mexico N 24039'22"E 10,01' Mean High Woler Line ~ N,T, S, This is nol 0 sur~ey R: 1859.86' A: 296.30' ca: N 27024'29"E N 2205Q'39"E -------::: l F --- BLVD. ~ of ...... . .' !~; ,. " . r . , . .......1 _l., , . , . ;~ . '. . I :-'-1 -n I.., ';-. .:;:, '.r-. ~_.. :'~:.1 .... (. ... ~:r I I . .. 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 Boule~ard (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, 298.80 feet to the POINT OF BEGINNING; thence leaving said right-of- way line, North 670 09' 21" West, 395.43 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, 10.01 feet; thence along said line, 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, 10.00 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 (if 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. jI I I . . J 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. ~~G:> "\-~~ WITNESS . fY.{V'?-j e!c@r.l~V WITNESS USX CORPORATION, USX REALTY DEVELOPMENT J ""/L>t\-G~ ,t- 5:LA.'I1'ITHSr My Commission Expires: Notary Public SIIa8 ef Flerkla at barge Mt Commission Expires: NovembfM' 1A. 1';?'3 day of ~ d<<~ ~~(j,~d3r~- Sworn to and subscribed to before me thiS~~ A.D., 1990. ~, . - '~ . ..... ....;::-- .' ~~ "- -~ - ~- .....'.......