OAKBROOK INVESTORS LTD / OAKBROOK APARTMENTS
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Q,R. ~ 77 0 P~GE 645
GRANT OF EASEMENT
WHEREAS, OAKBROOK INVESTORS LTD., a li~ited partner-
(herein called "Owner") is the owner'of certain real
property known as OAKBROOK APARTMENTS (herein called the
"Property") located in the City of Clearwater, Florida,
legally described in Exhibit "A" attached hereto; and
WHEREAS, Owner has installed a central sewer line
(herein called the "Sewer Line") across the Property to
service the sewerage needs of the apartment complex; and
WHEREAS, it is contemplated that the Sewer Line
will service the sewerage needs of adjacent parcels of
14 14205660 72 OJ) I.
'property in this area of the City; and 41
42
WHEREAS, it is recognized by all parties hereto
that any substantial alteration, replacement or relocation
of the existing Sewer Line would necessitate extensive
excavation through the middle of Owner's property thereby
detrimentally disrupting the apartment complex; and
WHEREAS, Owner has negotiated with the'City of
Clearwater (herein the "ci,ty") for dedication of the Sewer
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Line to the City provided/certain covenants and conditions
are agreed upon with regard to such sewer line.
NOW THEREFORE, for good and adequate consideration
Owner gives and grants unto the City of Clearwater, Florida,
an easement for the purpose of installing, repairing, main-
taining, altering and operating the Sewer Line in, into,
upon, over, across and under a strip of land legally des-
cribed in Exhibit "B" attached hereto (herein the "Easement
Area") and made a part hereof, subject to the agreements,
conditions and covenants herein contained.
1. The above recitals are true and correct and
incorporated herein.
2. The Owner, for itself, its successors and
assigns, retains the right to use such land for the purpose
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D.R. q 7 7 0 P~GE 646
or installing and maintaining driveways and drainage structures
and for any other lawful purposes other than permanent
buildings or structures requiring foundations, or for any
other uses not inconsistent with the grant herein.
3. Due to the above recited potential disruption
to Owner's business property should the Sewer Line become
overburdened, the City hereby agrees:
(a) That the peak usage of all subsequent hook-
ups to the Sewer Line shall not be in excess of the
existing reasonable excess capacity of the Sewer Line,
over the usage presently being made thereof by Owner.
(b) The City will not increase the capacity of
the existing Sewer Line by replacement of the line with
a higher capacity sewer line.
4. All structures installed by the City in
the easement area shall be underground, except for manholes
which shall be flush with the ground level.
5. No assessments or charges of any kind shall
be levied against Owner or the Property as a result of this
dedication of this Sewer Line.
6. The City covenants and agrees that in performing
any necessary maintenance, repairs, installation, or alteration
to the Sewer Line that it ~ill repair any damage to the
surface of the Easement Area or to any improvements or
landscaping or trees or shrubbery in the Easement Area
resulting from the performance of such maintenance, repair,
installation, or alteration work to the sewer line, and will
replace any such improvements, landscaping, trees, or shrubbery,
so that said surface and improvements and landscaping and
trees and shrubbery are in the same or better condition as
they were in prior to such repairs, maintenance, installation,
or alteration and further covenants that performance of any
such repairs, maintenance, installation, and alterations
shall not unreasonably restrict access of apartment residents
to the Property.
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a.R. q 7 7 0 PAGE 64:7
7. The City covenants and agrees that it will
promptly backfill any trench or ditch excavated by the City
on the Easement Area.
8. The City hereby covenants and agrees that it
shall indemnify the Owner against any loss or damage which
may be caused by the exercise of the rights of the City
under this grant of easement, or by any wrongful or negligent
act or omission of the City or the agents or employees of
the City in the course of their employment, or by reason of
any loss or damage which may be caused by the City's failing
to perform its obligations under this grant of easement.
9. In the event Owner or its successor or any
subsequent owner of the Property should decide that it
desires to relocate the Sewer Line due to required alterations
or a change in use of the Property, the City hereby agrees
to accept a new sewer line easement for the relocated sewer
line and vacate the existing easement provided the City
bears no expense for relocation of the sewer line and provided
the capacity of the relocated sewer line equals or exceeds
the capacity of the existing Sewer Line.
IN WITNESS WHEREOF, the undersigned has caused its
name and seal to be affixed to this Easement by its duly
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authorized representative, this 25 -day of St.rTC.JYI8ER. ,
1978.
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As to "0 ner"
OAKBROOK INVESTORS LTD.,
a limited partnership
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By ~~. .-:--~-,,\. . · r., ' '1:;::Y
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Arthur ,?,7 .... ~cJ;n tash ,LIT
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THE
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O,R. q 770 PAGE 64:8
STATE OF CALIFORNIA
COUNTY OF S~N FRRNC/S<!.l>
The foregoing instrument was acknowledged before
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this ~ - day of .se.PrE.rn8c.~ , 1978, by AR:fHUR I. mc:rtJ-rosH .LLL-
me
of OAKBROOK INVESTORS LTD., a California limited partnership,
on behalf of said partnership_
MARSHA ANN TOWNSEND
NOTARY PUBLIC-CALIFORNIA
CITY & COUNTY OF
SAN fRANCISCO
My Commission Expires April 30. 1982
- State of Plorida A ~ r--
C!.Af-I FO RNI.,. /(~
My Commission Expires: IIffCtl- '80) l'1g~
FLORIDA
The
me this
as
Pinellas
County,
Notary Public ~ State of
My Commission Expires:
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this -3/.-6day of October, A.D. 1978,
before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin,
Lucille Williams and Charles F. LeCher, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and officers
described in and who executed ,the foregoing instrument and severally acknowledged
the execution thereof to be their free act and deed as such officers thereWlto duly
authorized; and that the official seal of said municipal corporation is duly affixed
thereto, and the said instrument is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
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O.R. q 770 PAGE 649
EXHIBIT "A"
A tract of land in the SW 1/4 of the SW 1/4 of Section 19, Township 29
South, Range 16 East, Pine11as County, Florida, being further described
a s fa 11 ows :
Begin at the Northwest corner of the SW 1/4 of the SW 1/4 of Section 19,
Township 29 South, Range 16 East, and run S.89009I04"E., along the 40 acre
line, 1213.24 feet to the Northeast corner of the SW 1/4 of the SW 1/4 of
said Section 19; thence S.0002415l"W., along the 40 acre line, 40.00 feet
to the South right-of-way line of Nursery Road, as recorded in O.R. Book 3497
Page 258, Public Records of Pinellas County for a Point of Beginning; thence
continue S.0002415l"W., along the 40 acre line, 959.51 feet to a point; thence
N.88048133"W., 1155.64 feet to the East right-of-way line of Belcher Road,
as recorded in O.R. Book 3497 Page 258, Public Records of Pine11as County;
thence N.OooOl 14l"W., along a line 50'feet East of and parallel to the West
line of said SW 1/4 of the SW 1/4 of said Section 19, 198.47 feet; thence
S.88053142"E., 433.04 feet; thence N.0000l14l"W., 613.16 feet; thence
S.89009I04"E., 150.00 feet; thence N.0000l'4l"W., 143.00 feet to the South
line of Nursery Road, as recorded in O.R. Book 3497 Page 258; thence
S.89009I04"E., 579.92 feet along said South line to the Point of Beginning.
Containing 17.44 acres, more or less.
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O.R. q 770 PAGE 650
EXHIBIT "B"
A 10 foot sanitary sewer easement lying 5 feet either side of the following
described centerline:
Commencing at the Northwest corner of the SW 1/4 of the SW 1/4 of
Section 19, Township 29 South, Range 16 EAst, Pinellas County, Florida,
run S.89009'04"E., 656.32 feet; thence S.00050156"W., 40.0 feet to a
Point of Beginning on the South right-of-way line of Nursery Road; thence
continue S.00050'56"W., 3.70 feet; thence S.Or56'03"E., 153.02 feet;
thence S.00049159"W., 146.37 feet; thence S.77000'02"E., 113.06 feet;
thence S.22028'28"[" 114.07 feet; thence S.04045'37"W., 164.75 feet;
thence S.36043134"W., 164.94 feet; thence S.40023151"W., 208.53 feet;
thence S.0l011'27"W., 67.10 feet to a Point of Ending.
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