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GUARDIAN MORTGAGE INVESTORS ~....~, - ~. '- r'. ~ ,,- (. F' ~. ....,. t;.~" ~ I.~, l W ~ . .,~ ,.",. cJ -. :;,~ ..... ~ ~.~. ,,~ ~..; <:":'~ ~ H C,,) it>., ~ I 77044104 I .. . 11 @J / (). 0 o. ~1 () <>-0 'U.R.4525 fAGE994 Cl In I ~.J 41 Si 42 Sur 43 Int -==-..,.""n--. Tot / /J. J s:. '" - O#, EASEMENT AGREEMENT ".. ~ THIS DECLARATION OF EASEMENT, made this d-- - day of Yl1~, 1977, by and between GORDON A. TAYLOR, CHURCHILL G. CAREY, JOHN D. UIBLE, EUGENE L. AMBER, JOHN H. ROGERS and PATRICK M. AHERN, not individually, but as Trustees of Guardian Mortgage Investors (hereinafter referred to as "GMI"); and THE CITY OF CLEARWATER, FLORIDA (hereinafter referred to as the "City"). WIT N E SSE T H: IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid by the City to GMI, and other good and valuable con- sideration, the receipt and sufficiency of which are hereby acknowledged, GMI hereby grants and conveys to City a non-exclu- sive easement for ingress and egress of pedestrian and vehicular traffic over and across that certain tract or parcel of land lying and being in Pinellas County, Florida, and being more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter called "Easement Area") . 00 The parties hereto acknowledge and agree that the Easement Area is described in two contiguous tracts or parcels of land being designated as Easement "H" and Easement "I" on Exhibit "A" attached hereto and that this grant of Easement is expressly made subject to all matters of record. r-! By its acceptance hereof, City covenants and agrees to maintain any improvements (which improvements shall be limited to paving) which might be constructed by or on behalf of the City upon the Easement Area pursuant to the provisions hereof although City, by its acceptance hereof, shall not be required to construct, or have constructed, any improvements on the Easement Area. City agrees that it shall not construct any fences, buildings or other impediments to pedestrian or vehicular access to the Easement Area from additional property now owned by GMI and located northeasterly and southeasterly of the Easement Area. By its execution of this Easement Agreement GMI does not convey to the City any property, but merely grants the rights, privileges and easements being more particularly described herein. The City expressly agrees that this grant of easement shall not alter or modify any of the rights which GMI, its successors or assigns, might have in using the Easement Area in the computation of any applicable density, setback or other computations required of the applicable provisions of the Code of Ordinances, City of Clearwater, Florida. The name Guardian Mortgage Investors is the designation of the Trustees for the time being under a Declaration of Trust, dated March 29, 1966, as amended. This instrument and every undertaking made pursuant hereto is executed in the name of and on behalf of the Trustees of Guardian Mortgage Investors by one of the Trustees or by an attorney for the Trustees of the Trust, duly authorized by all of the Trustees, in his capacity as such and not individually, under the aforesaid Declaration of Trust, and the obligations I. '. r .' !it t;,t>~'. ~ ~ ~ ~, -::ow: .: ~.M' ,T '::;'>0 .~ ...;:,. ,'" ~ I:{~:';~ d' ~,__ j FJ ~,~ -:,_..' i..: .,,,,, ._ p ;c ~~~;r t: ~:~ t,- ~-~ /, u) THIS INSTRUMENT PREPARED BY KARL B. HANSON, Jr. 500 BARNETT BANK BUILDING JACKSONVILLE, FLORIDA 32202 .. ~ ~ =- O()- ~ ~ - 14 o~ . . I I ~ ~o. t 4525 PM;!: 995 thereof shall be understood and expressly stated to be not binding upon any of the Trustees, shareholders, officers, attorneys or agents of the Trust personally, but binding only upon the trust estate of Guardian Mortgage Investors. All persons dealing with Guardian Mortgage Investors must look solely to the trust pro- perty for the enforcement of any claims against Guardian Mortgage Investors. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals the day and year first above written. WITNESSES: GORDON A. TAYLOR, CHURCHILL G. CAREY, JOHN D. UIBLE, EUGENE L. AMBER, J.OHN H. ROGERS and PATRICK M. AHERN, not indi~iduall , but as'Trustees of Guardi Mo tgage vestors . - , ~~~dJ LA-a~~.~ By: '_. " As Attorney or e 1rustee~i:duly authorizedtoexecut'@ . thisinstru- ...., ment on behalf of allth.E;! Trustees i CITY OF CLEARWATER, By: See Page 3 for signatures. STATE OF FLORIDA lr) Of' C> ...~ 3~ ~ : &oJ :> ~o t- el u .., DOCUMENTARY SUR TAX - I~ 0 O. 5 51 . COUNTY OF DUVAL I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared P;::;UG f..,. t3uett/S. , as one of the Attorneys for the Trustees of Guardian Mortgage Investors, duly authorized to execute this instrument in the name of all the Trustees, well known to me to be one of such Attorneys for the Trustees as aforesaid and (s)he acknowledged before me that (s)he executed the same under authority duly vested in (her) him by said Trustees, and that the seal affixed thereto is the true seal of said Trust. WITNESS my hand and official seal in the State andqounty last aforesaid this ~/LC0 day of /?JA-12 t!-/I .' , 1977... / '. , . ~ ST A-t1:-o-F1=Lo-RIDA I 'n. (0 f:; "'~ DOCUMENTARy..... STAM P TAX I . ~'.. r- .'a &:EPT, o~ REVENUE ~.., I "':::> ~ ~8 co - - . ,. i - 0 0 3 0 . :: F.9 =MAR24'n I~: R :::: . .1 .. C'-I ~ - . <'-l ~QS34 --., -, " My Corrunission Expires: Qit' ~/J/l? r -2- '''-4.'' ~',~ ... I I "0,-.4525 fM~[ 996 . , CIT~OF~r;AR~A T7t'FL()AID~) By.JJ:4dL~~.M~~H/4 t2t1k:/City MaJ'age r' . ........ '. ..... . ..... Attest: WITNESSES: L~I~Y~~ ,./ 7 f J2 ~ O&-/tL12l9 , , ~ \ ~ Jj :, . () , '., /.~ ,~'.';' '-"..., . Countersigned: ~"'. .......~~: :.';,; ~~;........~ Mayor-Cornrrlssi ...' r"..y.,' '. .. .'.,i//',..'-_ - STATE OF FLORIDA COUNTY OF PINELLAS i U?l/t:7U-r--;; L, /c:Ll~~J';~/?~~'-L-/ " I HEREBY CERTIFY, that on this ,..2 ~~ day of 'y'\.t1:A.t-/L.. A. D. 1977, before me personally appeared>rice1! B. ~omas A. Bustin, R. G. Whitehead and Gabriel Cazares, respectivelYf\-'lty Ma:i'fa'ger, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing Easement Agreement, and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said conveyance is the act and deed of said corporation. Pinellas and State of Florida, the WITNESS my signature and official seal at Clearwater in theCO'Q-ntyof day and year last above written.~ :"i.'t~"\ll~/' J f I-~ I"", a-/ ,"~~.J ;1. 1.~. . ~u!:1vU'YYL,'..~:;'.' /~. iJ).\...-/ ""-...c. ./f"- -.. f) , ..... Notary Pub~ic! ;' :: i E. i f '-- ; ,~1I - ~{ .. .- '" ~~' (:..: ' ", '- .. ifllL " 'r"'1 My Commission Expires: Notary PuHI" Stote of Florida at large My COin;m;isioil E;C;p;ri'5 SQpt ?O 1 Q'7'7 Bondod by Ameri'an Fire & Casualty CQ, -3- . '-.~t ~,::~ "- I EXHIBIT "A" I "o,t4S25 P^ct: 997 EASEMENT "H" A tract described as follows: From the Southeast corner of Section 19, Township 29 South, Range 15 East (said corner being also the North- east corner of Section 30, Township 29 South, Range 15 East), Pinellas County, Florida, run North 89004-17" ~vest along the North boundary of said Section 30 a distance of 2819.60 feet; run thence South a distance of 1012.67 feet to a point on the center-line of State Road No. 694 (County Road No. 208); run thence Northeasterly along the centerline of said S~ate Road No. 694 along a curve to the right (radius - 1909.86 feet) an arc distance of 572.13 feet (chord - 569.99 feet, chord bearing - North 23023'25" East); run thence North 31058'20" East along said centerline a distance of 1393.67 feet; run thence Northeasterly along said centerl~ne along a curve to the left (radius - 1909.86 feet) an arc distance of 304.27 feet (chord - 303.94 feet, chord bearing - North 27026'30" East) to a point of tangency of said centerline; run thence North 22050'39" East along said centerline a distance of 1843.70 feet; run thence North 67012'17" \vest a distance of 50.0 feet to a point o~ the Northwesterly right-of-way line of said State Road No. 694, said point being the Easternmost corner of SAND KEY CONDOMINIUM- SOUTH BEACH 1, as recorded in Condominium Book 14, Pages 83 through 89, public records of Pinellas County, Florida: run thence North 2205.0' 39" East along said Northwesterly right-of-way line of State Road No. 694 a distance of 615.50 feet to a point-of-beginning: From said point-of-beginning, run North 67012'17" West a distance of 265.13 feet to a cross mark cut in the cap of a concrete seawall as a line-marker; continue thence North 67012'17" West to the mean high water line of the Gulf of Mexico to a point hereby designated for reference as Point "S"; beginning again at the point-of- beginning, run South 22050' 39" ~'1est along said Northwesterly right-of-way line of State Road No. 694 a distance of 5.0 feet; run .thence North 67012'17" West a distance of 265.55 feet to a point on the cap of a concrete seawall; continue thence North 67012'17" West to the mean high water line of the Gulf of Mexico; run thence Northeasterly along said mean high water line to previously designated Point "S". EASEt1ENT "I" A tract described as follows: From the Southeast corner of Section 19, Township 29 South, Range 15 East (said corner being also the Northeast cor- ner of Section 30, Township 29 South, Range 15 East), pinellas County, Florida, run North 89004'07" West along the North boundary of said Section 30 a distance of 2819.60 feet; run thence.South a distance of 1012.67 feet to a point on the centerline of State Road No. 694 (County Road No. 208): run thence Northeasterly along the centerline of said State Road No. 694 along a curve to the right (radius - 1909.86 feet) an arc distance of 572.13 feet (chord - 569.99 feet, chord bearing - North 23023'25" East); run thence North 31058'20" East along said centerline a distance of 1393.67 feet: run thence Northeasterly along said centerline along a curve to the left (radius- 1909.86 feet) an arc distance of 304.27 feet (chord - 303.94 feet, chord bearing - North 27026'30" East) to a point of tangency of said centerline; run thence North 22050'39" East along said centerline a distance of 1843.70 feet; run thence North 67012'17" \'1est a distance of 50.0 feet to a point on the Northwesterly right-of-way line of said State Road No. 694, said point being the Easternmost corner of SAND KEY CONDOHINIUM - SOUTH BEACH 1, as re- corded in Condominium Book 14, Pages 83 through 89, public records of Pinella~ County, Florida; run thence North 22050'39" East along said Northwesterly right-of-way line of State Road No. 694 a distance of 615.50 feet to a point- of-beginning: From said point-of-beginning, run North 67012' 17" \'1est a dis- tance of 265.13 feet to a cross mark cut in the cap of a concrete seawall as a line-marker; continue thence North 67012 '17" \vest to the mean hi.gh water line of the Gulf of Mexico' to a point hereby designated for referenC2 as Point "S"; beginning again at the point-of-beginning, run North 22050'39" East along said Northwesterly right-of-way line of State Road No. 694 a dis- tance of 5.0 feet; run thence North 67012'17" Hest a distance of 264.71 feet to a point on the cap of a concrete seawall; continue thence North 67012'17" West to the mean high water line of the Gulf of Mexico; run thence Southwesterly along said mean high water line to previously designated Point "S".