MACY'S FLORIDA STORES LLCReturn to:
Chuck Lane
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, FI. 33758 -4748
Parcel I. D. No. 30- 28 -16- 00000 -410 -0400
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2014086890 03/27/2014 at 03:13 PM
OFF REC BK: 18352 PG: 352 -355
DocType:EAS RECORDING: $35.50
D DOC STAMP: $0.70
TRAFFIC SIGNAL UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of
which is hereby acknowledged, and the benefits to be derived therefrom, MACY'S FLORIDA STORES,
LLC, an Ohio limited liability company, authorized to conduct business in the State of Florida with a
principal address of 7 West 7th Street, Cincinnati, Ohio, 45202, as successor -in- interest to Allied Stores
General Real Estate Company ( "Grantor") does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation ( "Grantee "), easement over, under and
across the following described land lying and being situate in the County of Pinellas, State of Florida, to
wit:
As more particularly described and depicted in EXHIBIT "A" appended hereto and by this
reference made a part hereof ( "Easement Premises ").
This easement is for installation and maintenance of a traffic signal control cabinet, mast
arm and mast arm foundation, related appurtenances and utility connections. The CITY OF
CLEARWATER, FLORIDA, shall have the right to enter upon the above - described premises to install
and maintain therein the referenced utility control cabinet and related utility connections, and to inspect,
repair, alter and /or replace same as it determines necessary from time to time. Grantee shall be solely
responsible for obtaining all governmental and regulatory permits required to exercise the rights
granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall
maintain reasonable access to Grantor's appurtenant property at all times during the exercise of rights
granted herein, and that it shall promptly restore the easement premises upon completion of any work
activity undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all
rights of ownership of the easement premises not inconsistent with the easement rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein
described easement premises, and that Grantor has full right and lawful authority to grant and convey
this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and
enjoyment of this easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns.
The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the
written mutual agreement of both parties, or by abandonment of the easement premises by Grantee.
Nothing herein shall affect Grantor's right, nor that of its successors and assigns, and their invitees,
to use the surface area of the Easement Premises for retail or shopping center purposes, including, but
not limited to, pedestrian and vehicular ingress, egress, passage and parking, and the installation and
maintenance of surface parking areas, roads, curbs, sidewalks, parking islands, gutters, lights and light
standards, trees, plants, grass sod, and other landscaping, all of which shall be restored by Grantee, at
Grantee's expense, upon completion of repair or maintenance of Grantee's facilities.
No maintenance, repair, replacement, reconstruction, paving or similar types of activities, other than
emergency maintenance and repairs shall be conducted by the Grantee from the period of November 1
through December 31 of any year that any portion of the shopping center operated by Grantor adjacent to
the Easement Premises is open for business without the prior written consent of Grantor being obtained in
advance of the commencement of any such work or similar types of activities. Grantee shall coordinate
with Grantor in the scheduling of such work so as to minimize interference with the operation of the
shopping center.
Grantee further agrees and acknowledges that Grantee's rights under this easement are and shall
be subject and subordinate to the terms and conditions of that certain Construction, Operation and
Reciprocal Easement Agreement dated September 20, 1973 together with all presently existing and future
amendments thereto (collectively, the "COREA ") for so long as the COREA remains in effect.
The Remainder of this Page Intentionally Left Blank
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this /lday of r,,a.�Q� , 2014.
Signed, sealed and delivered
in the presence of:
WITNESS ig r ature
c kS
Print Witne s Nam
Print Witness Name
STATE OF 0/9/o
COUNTY OF/1/491/!1 /LTD//
: ss
MACY'S FLORIDA STORES, LLC
G ertemoeller, Senior Vice President
_Before me, the undersigned authority, personally appeared Carl L. Coertemoel1eC as
Senior Vice resident of Macy's Florida Stores, LLC, who, being duly authorized, executed the
foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his /her free
act and deed for the use and purposes therein set forth, and who V] is personally known to me, or who [ ] did
provide r as identification.
ota ! ubli
///a
ABETH AASS
Notary Public, State of Ohio
My Commission Expires
Marcir26, 2017-.
Type /P
My commission expires:
3 -a647
Scale N. T.S.
This is not a survey
i
i
T
Legal Description:
N 00° 04' 47" E
17.07'
S89 °55'13 "E
EXHIBIT "A"
41'04
Westfield Mall
125
C2 N 89° 55' 13" W North R/W
78.30'
LOT 8
Countryside Village Square
Plat Book 92, Page 9
Point of Commencement
described in OR 6529 -213
S00 °04'47 "W
16.00'
Point of Beginning
_dlll�IIIIIIIIIII�IIII,._
NORTH
21.22'
COUNTRYSIDE BOULEVARD
120'R /W
South R/W
A Traffic Signalization Utility Easement described as follows:
LOT 5
LOT 3
C
Curve Table
Arc Distance
Radius
Chord Distance
Chord Bearing
C1
169.00'
990.00'
168.80'
S 85° 11' 21" W
C2
48.71'
1110.00'
48.71'
S 88° 49' 21" \V
Commence at the Southeast corner of property described in OR 6529 -213, also being a point on the
North right -of -way line of Countryside Boulevard; thence, along said right -of -way line and a curve to the
right, radius 990.00 feet, arc distance 169.00 feet, chord bearing of S 85° 11' 21" W, chord distance of
168.80 feet, a distance of 169.00' to a point of tangency; thence N 89° 55' 13" W, along said right -of -way
line, a distance of 321.22 feet to a POINT OF BEGINNING; thence continue N 89° 55' 13" W, along
said right -of -way line, a distance of 76.30 feet to a point of curvature; thence along a curve to the left and
along said right -of -way line, radius 1110.00, arc distance 48.71 feet, chord bearing of S 88° 49' 21" W,
chord distance of 48.71 feet, a distance of 48.71 feet; thence N 00° 04' 47" E, a distance of 17.07 feet;
thence S 89° 55' 13" E, a distance of 125.00 feet; thence S 00° 04' 47" W, a distance of 16.00 feet to a
POINT OF BEGINNING, containing 2,018 square feet, more or less.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
NT
L Cheek
OECIm eY
T. Mehony
TRAFFIC SIGNALIZATION
UT1UTY EASEMENT AT
�� COUNTRYSIDE MALL �_
11/04/2013 30 -28S -168
DSC. NOME
1.4L.2013-15
SHEET
1 OF 1
STATE OF
AFFIDAVIT OF NO LIENS
COUNTY OF
: ss
GEFOrRE ME, the undersigned authority, personally appeared
. C s tc o 11.E as 5, U, a¢ Pt e, I dart 6- of MACY'S FLORIDA
STORES, LLC, an Ohio limited liability company, authorized to conduct business in the
State of Florida, as successor -in- interest to Allied Stores General Real Estate Company,
whom, being first duly sworn, does depose and say:
1. That said Macy's Florida Stores, LLC is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended
hereto and by this reference made a part hereof ( "Easement
Premises ").
2. That said property is now in the possession of the record owner.
3. That, to the undersigned's actual knowledge, there has been no labor performed or
materials furnished on said property for which there are unpaid bills for labor or materials
against said property, other than those that will be paid during the normal course of
business, except: (if none, enter "NONE ". If no entry, it will be deemed that "NONE"
has been entered.)
4. That, to the undersigned's actual knowledge, there are no liens or encumbrances of any
nature affecting the title of the Property, except easements and restrictions of record, any
encroachments, overlaps or other rights of third parties which would be shown by a current
survey, (list, or if none, insert "NONE ". If no entry, it will be deemed that "NONE" has been
entered.).
5. That it is hereby warranted that, to the undersigned's actual knowledge, no notice has
been received for any public hearing regarding assessments for improvements by any
government, and it is hereby warranted that there are no unpaid assessments against the
above described property for improvements thereto by any government, whether or not said
assessments appear of record.
6. That, to the undersigned's actual knowledge, there are no outstanding sewer service
charges or assessments payable to any government.
7. That the representations embraced herein are for the purpose of inducing the CITY OF
CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
Signed, sealed and delivered
In the presence of:
JA.0
WITNES( S�ignatu
WITNES Printame
WITNESS Signature
WITNESS Printed Name
Sworn to and subscribed to before me this
Not Public - Sta
MACY'S FLORIDA STORES, LLC
ELIZABETH J. HAASS
Notary Public, State of Ohio
My Commission Expires
March 26, 2017
Senior Vice President
day of 2014.
2,6 47
My Commission Expires
Scale N. T° S.
This is not o survey
i
i
Legal Description:
N00 °04'47"E
17.07'
EXHIBIT "A"
25.00'
41/04
WesYield Mall
S00 °04'47 "W
16.00'
Point of Beginning
C2 N 89° 66' 13" W North R/W
76.30'
LOT 8
Countryside Village Square
Plat Book 92, Page 9
COUNTRYSIDE BOULEVARD
120' R/W
South R/W
A Traffic Signalization Utility Easement described as follows:
LOT 5
„IiIIIIIIIIIIIIItIIIh.._
NORTH
Point of Commencement
described in OR 6529-213
� 1
LOT 3
Curve Table
Arc Distance
Radius
Chord Distance
Chord Bearing
C1
169.00'
990.00'
168.80'
S 85° 11' 21" W
C2
48.71'
1110.00'
48.71'
S 88° 49' 21" W
Commence at the Southeast corner of property described in OR 6529 -213, also being a point on the
North right -of -way line of Countryside Boulevard; thence, along said right -of -way line and a curve to the
right, radius 990.00 feet, arc distance 169.00 feet, chord bearing of S 85° 11' 21" W, chord distance of
168.80 feet, a distance of 169.00' to a point of tangency; thence N 89° 55' 13" W, along said right -of -way
line, a distance of 321.22 feet to a POINT OF BEGINNING; thence continue N 89° 55' 13" W, along
said right -of -way line, a distance of 76.30 feet to a point of curvature; thence along a curve to the left and
along said right -of -way line, radius 1110.00, arc distance 48.71 feet, chord bearing of S 88° 49' 21" W,
chord distance of 48.71 feet, a distance of 48.71 feet; thence N 00° 04' 47" E, a distance of 17.07 feet;
thence S 89° 55' 13" E, a distance of 125.00 feet; thence S 00° 04' 47" W, a distance of 16.00 feet to a
POINT OF BEGINNING, containing 2,018 square feet, more or less.
CITY OF CLEARWATER, FIARIDA
ENGINEERING DEPARTMENT
NAM NY
a ®® 1!
T. Mahony
11/04/2013
TRAFFIC SIGNALIZATION
UTILITY EASEMENT AT
COUNTRYSIDE MALL
NAM
L41_2013-15
1 OFF 1
30- 28s -18E