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:s A S EnE N T
FOR AND IN CONSIDERATION of the sum of One Dollar (-~,l. 00) cash in
hand paid to him , the receipt of which is hereby acknowledged, and
the benefits to be derived therefrom,
M. E. SEVER, a widower,
do~ hereby grant and convey to the CITY ?F CLEARW~TERJ FLORIDA? an
easement over under and across the follow1ng descr1bed land,lY1ng
and being sit~ate in the County of Pinellas, State of Florida, to wit:
Begin at the SE Corner of Lot 119, THIRD ADDITION TO FAIR OAKS, as
recorded in Plat Book 52, Page 38, of the Public Record s of Pinellas County,
Florida"Jar a P. O. B.; run thenc e S 0041'06" W, 60 feet; thence S 89018'54"
E, 1010.07 feet to the Easterly line extended of Hercules Avenue; thence'
N 001911511 E along said Easterly line extended, 94.39 feet; thence"S 89040'45"
E par a llel to and 6 feet S of the S boundary line of FOUR TH ADDITION TO
FAIR OAKS, as recorded in Plat Book 54, Page 44, of th e Public Records
of Pinellas County, Florida, 586.25 feet; thence S 0014~0111 W, 34.0 feet;
thence S 8904014511 E, 40.0 feet; thence N 0014'01" E, 40.0 fC;;et; thence
N 8904014511 W, along the S boundary line of said FOURTH'ADDITION,
706. 24 feet to the Westerly line extended of Hercules Avenue; thence'
S 0019' 1511 W, 33.89 feet; thence N 89018'54" W, 929.80 feet to the
P. O. B.
This easement being for utility installation and maintenance.
The CITY OF CLEAR~~TER, FLORIDA, shall have the right to enter
upon the above described premises and to construct, install and main-
tain thereon any utilities and to inspect and alter such utilities
from time to time.
IN l,iTITNESS "1JiEREOF, the part..L- hereto ha s set his
and seal this 28th day of November , J::'9'6..L...
hand
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Signed, sealed and delivered
in the presence of:
~(SEALl
STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared' M. E. SEVER, a widower,
we 11 kno"ffi
who executed
he
to me
and kno~m to me to be the individual described in and
the foregoing instrument _and acknowledged before me that
executed the same for the purposes therein expresse~u -
Trn:TNESS my hand and official seal this d t day of
November __, A.D. 1961.....-.
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N~tary Public, State of Florida at Large
My:Commlss:on EXPires Dec. 27, 1961
;. ., .' ,._ ,.~~Q.aed by American Surety Go, of N..'(.
ecHnmis9~If Expires
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AGREEMENT
THIS AGREEMENT made and entered into this 28th
day of
November, 1961, by and between the CITY OF CLEARWATER, a municipal
corporation, hereinafter referred to as IlCityll, and M. E. SEVER, a
widower, a resident of Pinellas County, Florida, hereinafter referred to
as ..Ownerll,
WITNESSETH:
WHEREAS, the City has proposed to construct a sanitary sewer
in Fair Oaks Subdivision, Hollingsworth Estates and some other areas
adjacent thereto, a portion of which is owned by the Owner; and
WHEREAS, prior to the construction of this sanitary sewer
system aforementioned it is necessary that the City obtain a certain
easement from the said Owner along which to run the sewage system; and
WHEREAS, the Owner is desirous of granting the easement as
requested by the City and does grant the same by an accompanying
Easement Agreement; and
WHEREAS, in accordance with the laws and ordinances covering
the same it is the procedure of the City to assess abutting property owners
for the said sewage improvement to the properties; however, the Owner
does not at the pres:ent time intend to subdivide, develop and/ or sell any
of the subject property until a later date;
NOW, THEREFORE, the parties hereto for One Dollar and other
good and valuable considerations to each in hand paid, do hereby covenant
and agree as follows:
1. The Owner hereby agrees, upon execution of these premises, to
execute an Easement Agreement in favor of the City of Clearwater to the
following described property, at no cost to the City:
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Begin at the SE Corner of Lot 119, THIRD ADDITION TO
FAIR OAKS, as recorded in Plat Book 52, Page 38, of the
Public Records of Pinellas County, Florida, for a P. O. B. ;
run thence S 0041'06" W, 60 feet; thence S 89018'54" E,
1010.07 feet to the Easterly line extended of Hercules Avenue;
thence N 0019'15" E along said Easterly line extended, 94. 39
feet; thence S 89040'45" E parallel to and 6 feet S of the S
boundary line of FOURTH ADDITION TO FAIR OAKS, as
recorded in Plat Book 54, Page 44, of the Public Records
of Pinellas County, Florida, 586.25 feet; thence S 0014'011'
W, 34.0 feet; thence S 89040'45" E, 40.0 feet; thence
N 0014'01" E, 40.0 feet; thence N 89040'45" W, along the
S boundary line of said FOURTH ADDITION, 706.24 feet
to the Westerly line extended of Hercules Avenue; thence
S 0019'15" W, 33.89 feet; thence N 89018'54" W, 929.80
feet to the P. O. B.
2. The said City agrees to install the improvements in accordance
with plans on file with the City Engineer of the City of Clearwater, along
the said easement.
3. The said City hereby covenants and agrees not to assess the
abutting properties along the easement South and East of proposed Hercules
at any tim~
Avenue/and not to ass ess the abutting properties along the easement West
of Hercules Avenue until the said Owner is ready to develop the property.
The effect of this Agreement being to simply waive the interest until
the Owner is ready to develop the property. West of Hercules Avenue.
4. The Owner agrees not to dispose of any of his properties
abuttin g this easement afor ementioned without making the sale subject to
a later assessment herein mentioned.
This Agreement shall be binding on the heirs, assignees, successors
and/ or as signs of the parties hereto.
IN WITNESS WHEREOF the City, acting by and th rough its City
Commission, has cau sed this Agree ment to be executed in its name and on
its beh aU by the City Manager and City Clerk, countersigned by its
Mayor- Commissioner, approved as to form and correctness by its
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City Attorney, and its corporate seal to be hereunto attached, the day
and year first above written and the said M. E. Sever, the Owner, has
executed the same in his own name the day and year first above written.
Counter signed:
emmiS
Signed, sealed and delivered
in the presence of:
Signed, sealed and delivered
in the presence of:
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As to Owner
CITY OF CLEARWATER, FLORIDA
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By~'_ -:;~I~'-~'
/, ,/ Gi!jr ..Man,_,'",~e" r., T___.,
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Attest:
Approved a s to form and correctness:
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City orney
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Owner
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STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this
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II day of December,
1961, before me personally appeared James R. Stewart, Herbert M. Brown,
R. G. Whitehead and Robert L. Weatherly, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, 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 thereunto
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.
-My GomJriission Expires:
- Nbfafy"PutHi~Sfate of Florida at Large
fI.1Y Comr:,l~'Orc~Exp'res Dec. 27, 1961
Bonded-by, Arni:!rican Surety Co. of N. Y.,
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
Before me personally appeared M. E. Sever, a widower, to me
well known and known to me to be the individual described in and who executed
the foregoing instrument and acknowledged before me that he executed the
same for the purposes therein expressed.
WITNESS my hand and official seal this 28th
day of November,
A. D. 1961.
-.~ <;-ommission Expires:
f-rot"ary PTib '
_ My Comm-Ilc, State of Flo '
_ - - - BolJ'dp.~ ~,~'on Exo;ra" /")8~d~;t Large
__- : :"H:~ncan Surety C ,1961
_ .:: : =- - , o. of N. Y.
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