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U S HOME CORPORATION (2) . -OlC~S\~~ 40 f.leC -L tJ, - 41 DS 43 tot - (J'1J', -!-..J Tm~O, '~IS PARTIAL ASSIGNMENT of Easement Rights is made and entered into' as ctf this i)''''' day of /1.+{tC"'/'I- , 1981, by and between u.S. Home Corporation, a Delaware corporation ("U.S. Home") and the City of Clearwater, a Florida municipal corporation (the "City"), whose post office address is 112 South Osceola Avenue, Clearwater, Florida. ! '1 ~r ' ./1 WHEREAS, U.S. Home by deed dated August 17, 1977, and recorded in !t/:I" 0 .R. . Book 4602, at pa~e 2085, Public Recc:>rds of pinellas County, \'1' Florida, reserved to itself a non-exclusive, perpetual easement for J ingress and egress over the land described on Exhibit A attached hereto and incorporated herein by reference (the "Easement Area"); and . 81044524 I o.R.5165PAGE2125 PARTIAL ASSIGNMENT OF EASEMENT R~GHTS WHEREAS, U.S. Home specifically retained the right to assign such right of ingress and egress, in whole or in part, and on a non- exclusive basis to such additional persons or parties for their use and benefit and that of their licensees, invitees and guests, without limitation, as U.S. Home may determine necessary or appropriate; and WHEREAS, U.S. Home Corporation now wishes to make a limited and partial assignment of easement rights to the City of Clearwater as hereafter set forth; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, U.S. Home does hereby grant and assign to the City, its successors and assigns forever, a right of ingress and egress as to the Easement Area for the limited purpose of enabling fire department and other emergency vehicles, per- sonnel and equipment to provide fire and emergency services to the owners and occupants of any land abutting, or accessible from the Easement Area. This grant of right shall not obligate the City to maintain the Easement Area, but the City shall have the right to improve, upgrade, repair and replace the existing cement block road presently existing within the Easement Area, at its own expense, if it deems it necessary or appropriate to do so. The City agrees to indemnify and hold U.S. Home, its successors and assigns, harmless from and against any loss, damage or injury which may result from the City's exercise of any rights granted under this instrument. Neither the granting of this Partial Assignment, nor anything contained herein shall act to, or be construed to, assign in full or to limit, impair or extinguish U.S. Home's reserved right of ingress and egress as to the Easement Area. This instrument shall only serve to designate certain additional persons or parties entitled to exercise certain of the easement rights reserved and retained by U.S. Home. This Partial Assignment shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns forever. IN WITNESS WHEREOF, the undersigned has executed this Partial Assignment by its duly authorized officer as of the day and year first above written. Signed, sealed and delivered in the presence of: U.S. HOME CORPORATION (7 t7Y'---- /L. B... c...4.~ /. ~{!.~ This instrument prepared by Li 2,1 4 PH '81 aRe to be ro~rRea to. nM ~ 06 " ')",/1 ,"Randy J. More 11, Esq. j",.'i,i _, SOROTA AND ZSCHAU, P.A. '/,~; I~: / ...... 2515 Countryside. BIV~d Suite A Clearwater, Florida 3 15 J{ETIJRN TO: J;}(:; 7' _ .J ~,"I (r/l'J,-1'_~'( I ~.l:':'.:lJ.U\__, CITY CLERK i.J; '.I CITY CL,!;..,. P. O. BOX 4748 j' II JF'~}' P. O.W:;X ,!;,:4L " ", t}tIDAR1A"':'EI\_ CLEARW A'rE.B., :FLA. 33510 '" I L{ -0'33 - I:J... I ~s ,,}- I I O.R. 5 1 6 5 PAGE 2 1 26 -2- STATE OF FLORIDA COUNTY OF PINELLAS ~e foregoing instrument~as aCk~W~e4, ge~ before ~e.t~is ~~ .day of tLI.ILJ;lV , 1981 by /'/./J//tH/) ~~/I~JI as D1V1Slon ~A- President of U.S. Home Corporatlon, on behalf of the corporation. .,'r,.\"- ,..-, My commission expires: '!' I EXHIBIT A I D.R.' 5 1 6 5 ~AGE 2 1 27 -- The following property in Pinellas County, Florida: . Two parcels of land lying in the'SW 1/4 of Section 20, Township 28 South, Range 16 East, Clearwater, Pinellas County, Florida and being more particularly described as follows: Pa rce 1 Number 1 A parcel of land 10.00 feet in width and 300.00 feet in length lying south of and adjacent to the follO\'I1ng described line: B[GIN at the South~ilst Corner of "BRYNNWOOD CONDOfHNIUN 111 according to the plat thercof llS recurded in Condominium Plat Book 21 pilf'jeS 56 through 59 of the public recot-ds of Pinellas County, Florida the same point being on the boundary line of the Countryside Golf Course; thence run S 85000'00" H for 300.00 feet to the POlin OF TERf-tINATlON. Parcel Number 2 BEGIN at the said Southeast Corner of "BRYN\~OOD CorlDor~INIUt1 1"; thence run N 6018'36" E for 61.19 feet; thence tl 5000'00" W for 40.00 feet; thence N 13000'15" E for 84.12 feet; thence il 5000'00" \01 for 210 feet; thence N 11025'03" ~J for 161.01 feet; thence rl 5000'00" H for 60.00 feet; thence N 17000'00" W for 384.25 feet; thence 5 73000'00" \-I for 20.00 feet to a point on the easterly boundary 1 ine of said "BRYrl~IOOD COtWor.1ItlIU:'1 1" the same point being on the boundary line of the Countryside Golf Course; thence S 17000'00" E for 380.00 feet; thence 5 5000'00" E for 630.00 feet to the POINT OF BEGINNING. -,