ECKERD DRUGS OF FLORIDA INCORPORATED (2)
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81135563
EASEMENT
O.R. 52 38 PAGE
720
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FOR AND IN CONSIDERATION of the sum of One Dollar ($1. 00)
in hand paid to it, the receipt of which is hereby acknowledge'd, and the
benefits to be derived the refrom,
cash
ECKERD DRUGS OF FLORIDA, INC., a Florida corporation
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA,
an easement over, under and across the following described land, lying and
being situate in the County of Pinellas, State of Florida, to wit:
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A portion of Lots 9, 10, 11 &13 , Block 2, Ackers
Subdivision, as recorded in Plat Book 30, page 91 of
the Public Records of Pinellas County, Florida, being
more particularly described as follows:
From the most westerly corner of Lot 9, Block 2, of
said Ackers Subdivison, being the P. O. B. ; thence go
N 45027'3411 E, 196.90 feet, along the Westerly line of
said Block 2, to a point lying 10.0 feet Northeasterly of
the most Northerly corner of Lot 10, said Block 2; thence
go S 66036'2611 E, 142.05 feet; thence N 32008'34" E, 1.30
feet; thence S 67005'56" E, 91. 70 feet, parallel to the
Northerly line of said Lot 10, to a point on the Easterly
line of Lot ll, said Block 2, said point lying 10.0 feet
Northerly of the Northeasterly corner of said Lot 10;
thence go S 00020'3411 W, 195.00 feet, along the Easterly
line of said Block 2, to the Northerly right-of-way line of
Daniel Street; thence go N 57009'2611 W, 33. 76 feet, along
said right-of-way line; thence go N 04019'2211 W, 122.89 feet,
along the projection of the West right-of-way line of McMullen-
Booth Road, as recorded in O. R. 4813, Page 145, of said
Public Records, to a point of curvature; thence go along the
arc of a curve to the left, radius 120.00 feet, arc 272.31
feet, chord bearing N 69025'5411 W, chord 217.71 feet to a
point of tangency; thence go S 45"27'3411 W, 128.00 feet to a
point on the Southerly line of Lot 9, said Block 2; thence go
N 44032'2611 W, 30.00 feet, along said Southerly line, to
the P. O. B.
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This easement being for right-of-way purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter
upon the above-described premises and to construct, install and maintain
thereon any right-of-way and to inspect and alter such right-of-way from time
to time.
IN WITNESS WHEREOF, the party hereto has caused these presents
to be duly executed by its proper officers the~~ooa~thorized and its seal
to be hereunto affixed this ~~ day of ~ ' 19 81 .
Signed, sealed and delivered
in the pres ence of:
ECKERD DRUGS OF FLORIDA, INC.
By ~~~~
Its V~ President
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CC; ~.~/1..'t:.::.LfUJ. L/L/ij (Corporate Seal)
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STA TE OF
FLORIDA
Q,R. 52 3 8 PAGE 7 2 1
COUNTY OF PINELLAS
Bro ~rSig::~ aut rity t.his dp~OnallY appeared
to me well known and known to me to b the individuals described in and who
executed the foregoing instrument as tki.yresident and Secretary,
respectively, of the Corporation named in the foregoing instrument, 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 corp-
oration 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 WHEREF hereunto set my hand and affixed my
official,seal this~ day of , 19~.
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N otaryPublic
My commission expires:
NOT AR.Y PUBLI C Sf ATE Or I'LG': I 0,; AT LARGE
MY COMMISSION EXPIRES JULY 2!- '~IS.
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CHARLES
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JNST . 92-139396
MAY 13, 1992 5:33PM
I PINELLAS COUNTY FLA.
OFF.REC.BK 7907 PG 1280
This instrument prepared by,
or under the direction of
William T. Mccaig, Eminent
Domain Chief
Department of Transportation
4950 W. Kennedy Blvd., suite 500
Tampa, Florida 33609
II
Legal Description Approved:~ JA
Date: 1- 2.7- 72- ' By: ~/tll1l1e /.!:L'
PARCEL
SECTION
S . R. NO.:
COUNTY
161. 3
15070-2524
580
PINELLAS
tf RECORQ'.N""_
MeT I ODi3J
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REC ~IS->_O
FEES
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UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ~ day of ~r;L- , 199~,
by and between the STATE OF FLORIDA DEPARTMENT 0 TRANSPORTATION,
hereinafter called the Department, and CITY OF CLEARWATER, hereinafter
called City.
WIT N E SSE T H:
WHEREAS, the city presently has an interest in certain lands that
have been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will
require subordination of the interest claimed in such lands by city to
the Department; and
WHEREAS, the Department is willing to pay to have the City's
facilities relocated if necessary to prevent conflict between the
facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and
promises of the parties hereto, city and Department agree as follows:
City subordinates any and all of its interest in the lands as
follows, viz:
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RIGHT OF WAY
That part of Lots 9, 10, and 11, Block 2, Acker's Sub-Division
in Section 28, Township 28 South, Range 16 East as recorded
Plat Book 30, Page 91 of the Public Records of Pinellas
County, Florida.
Being described as follows:
Commence at a 3" x 3" concrete monument marking the most
southerly corner of Lot 23, Block 2, Acker's Sub-Division as
recorded in Plat Book 30, Page 91 of the Public Records of
Pinellas County, Florida, said monument also being on the
Northeasterly right of way line of Charles Avenue; thence
North 44031'26" West along the Southwesterly line of said
Block 2, and the Northerly right of way line of Charles Avenue
260.10 feet to the most westerly corner of Lot 1, Block 2, of
said plat of Acker's Sub-Division said most westerly corner
also being a point on the existing Southerly right of way line
of State Road 580; thence North 45026'07" East along the
Southerly right of way line of State Road 580 and the
Northwesterly line of said Block 2, a distance of 479.92 feet
to the POINT OF BEGINNING, said point of beginning also being
the Northwest corner of Lot 9; of said Acker's Sub-divison
thence continue North 45026'07" East, along the Southerly
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~'~" ...:" :,r.;,N F. ItEBLAKEI::; ('I ,::,/:"",
f'l (~()'"'t V ' , '.'" \ \
":. J '\.1 Ef~IFIED BY: ~
PARCEL 161. 3
PAGE 1
EXHIBIT "E"
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PINELLAS COUNTY FLA.
OFF.REC.BK 7907 PG 1281
right of way line of state Road 580 and the Northwesterly line
of said Block 2, a distance of 196.87 feet; thence South
66034'20" East, 26.21 feet; thence South 48008'26" West,
206.93 feet to a point on the Southwesterly line of sa~d Lot
9; thence North 44031'26" West along the Southwesterly lJ.ne df
said Lot 9, a distance of 14.53 feet to the POINT OF
BEGINNING.
"
Less existing rights of way.
containing 3893 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the
purpose of construction, improving, maintaining and operating a road
over, through, upon and/or across the lands, including but not limited
to the claim of interest based on the following:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK/PAGE
EASEMENT
06/22/81 ECKERD DRUGS OF CITY OF
FLORIDA" INC., CLEARWATER
A FLORIDA
CORPORATION
5238/720
PROVIDED that the fOllowing rights are reserved to the City:
1. The City shall have the right to construct, operate, maintain,
improve, add to, upgrade, remove, and relocate facilities on,
within, and upon the lands described herein in accordance with
the Department's current minimum standards for such facilities
as required by the State of Florida, Department of
Transportation, utility Accommodation Guide, dated May, 1990.
Any new construction or relocation of facilities within the
lands will be subject to prior approval by the Department.
Should the Department fail to approve any new construction or
relocation of facilities by the City or require the City to
alter, adjust, or relocate its facilities located within said
lands, the Department hereby agrees to pay the cost of such
al teration, adjustment, or relocation, including, but not
limited to the cost of acquiring appropriate easements.
2. The City shall have a reasonable right to enter upon the lands
described herein for the purposes outlined in Paragraph 1
above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities,
provided that such rights do not interfere with the operation
and safety of the Department's facilities.
3. The city agrees to repair any damage to Department facilities
and to indemnify the Department against any loss or damage
resulting from the City exercising its rights outlined in
Paragraphs 1 and 2 above.
PARCEL 161. 3
PAGE 2
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PINELLAS COUNTY FLA.
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OFF . I::; I:: C . HI\ 7?O 7 - J .. ....\ ....
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IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed
in the presen
STATE OF FLORIDA DEPARTMENT
ION =9
\~\
By:
Director of Production
for District VII
S~~'J' ~~vW
PRINT NAME'9AC\~~ R\\-\€\\M.S
FLORIDA DEPT. OF TRANSPORTATION
4950 W. KENNEDY BLVD.
SUITE 500
TAMPA, FLORIDA 33609
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, -!
STATE OF FLORIDA
COUNTY OF ~
AThe foregoing instrument was acknowledged before me
of ~ 199L, by ~n ~VY\pLe
~ on IJ',re$r for District~~n , who
known to me or who has produced j[)r\v~r \j~p~~~
as identification, and who did ~1d n~ take an oath.
,..:';";':.t: I
this Jd?t1ay" ,
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is pe~sonally . /',;,
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PRINT NAME.Eve.\"'l::.\\ T~VJ
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Notary Public in and for the
County and State last ~foresaid.
My Commission Expires: ~tary PU~lIcStateof FlorIda at Large
S . 1 N . f ~ OomllllSl:>/VII !>IlJlres .Jan 11 1993
er la 0., 1 any: ' ,
IN WITNESS WH~~E6F, the said grantor has caused these presents to
be executed iti its,~~me by its Board of City Commissioners acting by the
Chairperson or,.v:j!,cte-chairperson of said Board, the day and year
aforesaid. Cr.'
ATTEST: City of Clearwater , Florida,
!l,t;t?y ~YN.''J)''\ NFl) A.$jr. C,7yO-.r;I!J(.By Its Board of city Commissioners
"I : '. '
r PRIl'T NAME Cynthia.EJ.Goudeau
Clty Clerk (q~,R~plitYClerk)
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Approved as to form and
correctness:
~~ Ma r-Conunissioner
Vie~ Chai~p~r~on~ Rita Garvey
~
NAME
City of Clearwater, Florida
ADDRESS P. O. Box 4748
Clearwater, FL 34618
By:
City Manager
PARCEL 161. 3
PAGE 3
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PINELLAS COUNTY FLA.
OFF.REC.BK 7907 PG 1283
,. i.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFOR~ ME personallY~~n~~~,,~~~~parvey, Michael J. Wright,
M. A. Galbraith, Jr., and~~R~~ba~~euaeaH, to me well known, and
known by me to be the, individuals described in and who executed the
foregoing instrJIment as Mayor-Commissioner, City Manager, City
Attorney and Ci~tlerk, respectively, of the above-named city and
that the seal affixed to the foregoing instrument is the city seal
of said city and the said instrument is the free act and deed of
said city.
WITNESS my hand and official seal this
April, 1992.
rfti
day of
NO~b1t!r r .ctr
My Commission Expires:
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PARCEL 161.3
PAGE 4