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LANDMARK OF PINELLAS COUNTY INCORPORATED 'J'~ , I a.R.5 1 38 PAGE 457 ,",- 40 O~,;~~W 41 D~; _.----,--- 43 int ~-:.\~~;;~;n lot _J..3.-CtJ~ WATER, SEWER, DRAINAGE AND UTILITY EASEMENT 81009587 THIS EASEMENT made this 14th day of October , 1980, between LANDMARK DEVELOPMENT CORP. OF PINELLAS COUNTY, INC., a Florida corporation, its successors and assigns, and ~.R.G. PROPERTIES, INC., a Florida corporation, its successors and assJgns, hereinafter referred to as "Grantor", and the CITY OF CLEARWATER, 'FLORIDA, a municipal corporation, its successors, lessees and assigns, hereinafter referred to as "Grantee". WIT N E SSE T H: THAT for and in consideration of the mutual benefits, cove- nants and conditions herein contained, Grantor grants and conveys to Grantee an easement to install, operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for providing drainage, water, sewer and other utilities; s~id drainage easement and facilities being located in the following described "easement area" within Grantor's premises in Pinellas County, Florida, to-wit: See Exhibit "A" attached hereto and incorporated herein by reference. The rights herein granted to Grantee by Grantor specifically include: (a) the right for Grantee to patrol, inspect, alter, improve, repair, rebuild, relocate and remove" said facilities; (b) the right for Grantee to increase or decrease the size, capacity and type of facilities; (c) the right for Grantee to clear the easement area of trees, limbs, undergrowth and other physical objects which, in the opinion of Grantee, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; and (d) all other rights and privileges reasonably necessary or convenient for Grantee's safe and efficient installation, operation and maintenance of said facilities, and for the enjoyment and use of said easement for the purposes described above. Grantor hereby covenants and agrees that no buildings, struc- tures or obstacles (except fences and paving) shall be located, con- structed, excavated or created within the easement area. Grantor covenants not to interfere with Grantee's drainage easement or facilities within the easement area in Grantor's premises, and Grantor further covenants to indemnify and hold Grantee harmless from any and all damages and injuries, whether to persons or property, resulting from interference with Grantee's facilities by Grantor or by Grantor's agents or employees. Grantor covenants not to unreasonably interfere with the operation of the business on the Grantor's premises during the instal- lation, operation and maintenance of the facilities and further covenants to restore the easement area to its previous condition after the installation, maintenance or repair of such facilities, as rea- sonably as possible. 14 ,.p ':1" _/ ~ .10 o ~ ...y r> .... ..; .L f'\ zV'"f5 j e::~3 ~iJ j cJ (\ , ( \.,! ~~r~ =l,~h c:::. =i ~. it ~ gr~ ~ ~ ~ ::JI: . - co '4 - o'3}1 3 \. (._~.' --t .'. '.. \ '," <'t:--' '. ,,' L_ .,.: I I a.R. 5 1 38 PAGE 4 58 Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple title to the premises in which the above described easement area is located, (b) that Grantor has full right and lawful authority to grant and convey this easement to Grantee and (c) that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement, subject to that certain easement granted by Roy J. McCutcheon and Janice McCutcheon, his wife, to U.S. Home Corporation, dated September 7, 1979, recorded in O.R. Book 4912 at page 1021, Public Records of Pinellas County, Florida. All covenants, terms, provisions and conditions herein con- tained shall inure and extend to and be obligatory upon the successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed this 14th day of October 1980. WitnE!sseS: //'i,<:" ,',.'" ' /7 L"" ,',;.'/,'"..,',(.,.,',~, h., ",'.,,', ',',"".',",',, ',.',' , ,L;?'" ,.,"~.,~., f ,,' /, '"'/,'//,.,,, ',',' ',' ,,'," ./ ' / ~'~/~ ".. :~ .( , Seal) .fJ:i' , Il ',1'_" . Witnfi'sg e s': Approved as to form and correctness: LANDMARK DEVELOPMENT CORP. OF PINELLAS COUNTY, INC., a Florida tion J.R.G. PROPERTIES, INC., a Florida corporation "Grantor" CITY OF CLEARWATER, FLORIDA, a mun ic ip..al corpora,t ioh, / " ' " -2- I " 0.R.5 1 38 PAGE 459 , STATE OF FLORIDA COUNTY OF PINELLAS Before me, the undersigned authority, this day personally appeared JAMES A. CONNELL and ,1. 'R 'RAT.nWTN to me well known and known to me to be the individuals described in and who executed the foregoing instrument as President and Secretary respectively of LANDMARK DEVELOPMENT CORP. OF PINELLAS COUNTY, INC., a Florida corporation, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said in- strument is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. , '" my officia~N s:~~N~~~s 71/lE da~ ~~V~%?m s~~8~: hand aRcl,~f~f{~ed STATE OF FLORIDA My Commission Expires: t':i'_~'-:;'c~y ~;tit:! ni ne,;:,-b tt r~~~a My Ct;:';I':,[:;~i':;il b;;:r;cs 5:;1':. D, l1al Bonc,ed DY ArnCI"L:s,J1 Fifo 8. Casl.:ulty Com;:any; COUNTY OF PINELLAS Before me, the undersigned authority, this day personally appeared JOSEPH W. GAYNOR and DAVID L. ROBBINS to me well known and known to me to be the individuals described ~p and who executed the foregoing instrument as President and Secretary respectively of J.R.G. PROPERTIES, INC., a Florida corporation, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instrument is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. IN WITNESS WHE~, I h~h.ye~to set my hand and affixed my official seal this /4LL)day o~.l)dLle/l, 1980. >~ .~,~ Cil"'~:":iY (.;:n~;":ijnr, My Commission Expires: t!(r~.D;~! . fi' f", 5L~~~ - c'.f" n'::;~::~J t~ t~~:;a ',; :/. 1:. 1121 STATE OF FLORIDA COUNTY OF PINELLAS , c.rh- \ I HEREBY CERTIFY, that on this /;2 day of __Ci A.D., 1986, before me personally appeared Anthony L. Shbemake Thomas A. Bustin, Lucille Williams and Charles F. LeCher, resp ctively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City -3- .', f '- " l / " I 460 U.R.t 1 38 PA6E of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing easement 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. My Commission Expires: WITNESS my signature and official seal at County of Pinellas and State of Florida, the day and written. c C' Notary Pub~c, St&fe of RorirIll zt t1;r.t My Commi!!i~n ["":ras Od :,' "",3" kn~lild d "0 'r- .:~C""'."... . ...1, LO il '1, r\1l,tnJ..ar. ,Ira, &_ ....{~su~lty Cornp.:'lnt I EXHIBIT "A" A 10 foot drainage and utility eas ement acroS s the North 10 feet and acros's the Southerly 10 feet of the following described tract: The S 1/4 of the NW 1/4 of the NW 1/4 of Section 21, Township 28 South, Range 16 East; less that part of said tract beginning at its SE corner and running thence North along its East boundary, 90 feet; thence West parallel to the South boundary of said tract, 260 feet; thence Southwesterly in a straight line to a point in said South boundary which is 374 feet along said boundary from the P. O. B. ; and thence East along said South boundarv to the P. O. B. \ -4-