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PUBLIC ACCESS EASEMENT (2) .. ,... ~ ~ 0.. t'-o. " M Z 6 ('') (1 '~,' ...! ", ,... 11.. l.! . .. <i' (",J /j) ".~ >- :- ,,--,,~ <~ :l C~ ~--~ !-' ~ Z.:: Q; ot.l_~ lJ 3) Cl.o <( ()>. ..: CON(/) ~,:l'J" ~. . :'",,',0 a. (I) ... c..' - '-. 1~ 'i <:...; "-:;;... , i '"to j )< '^, ~ ":!. ~;:. IT '~hg tiC l<cG ~7 cr<J 41 US ~__ . 'fo 43 ~!~~ "J~~ycr-= M! I 81013601 \. R. 5 1 4 1 PAGE 1 6 3 3 PUBLIC ACCESS EASEMENT FOR AND IN CONSIDERATION of the sum of One ($1.00) Dollar Cash in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, BERNARD F. POWELL, ROGER L. STEVENS, and N. M. PEABODY INVESTMENT COMPANY, a Delaware corporation, as Grantors, do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Municipal corporation, as Grantee, easement over, under and across the following described land, lying and being situate in the County of Pinel1as, State of Florida, to-wit: 15 15361815 70 OUiJl. 41 28JA81 .40 oS .4C CA Legal Description A five-foot public access easement lying to the South of the following described line: From the Southeast corner of Section 19, Town- ship 29 S, Range 15 E, run N 89004'07" W, 2351.81 feet, along the South section line to the Westerly right-of- way line of Gulf Boulevard; thence N 31058'20" E, 553.24 feet along said right-of-way line for a point of begin- ning; thence N 89004'07" W, 396.25 feet M.O.L., along the North property line of M&B 2, to the mean high water line. Said easement shall be extended to an erosion control line upon establishment according to State Statutes. THIS EASEMENT IS LIMITED to and granted solely for public access purposes for the use by the public to provide access to the public to that portion of the beach at Sand Key which is publicly owned. This easement is subject to forfeiture and will become void or terminate upon: (1) failure of the City of Clearwater, Florida to complete the Sand Key Beach Renourishment Project provided for under the "Contract For Beach Erosion Control Project" between the City o~ Clearwater, Florida and the riparian upland owners of Sand Key of even date herewith, or w: pt~ ~ ~"E7J a:a (""\ c. (;, '" ;;.; ~n8 "'#f\ g ~ 9 g - ~p;'Ja g ~~% ~t- ~ JI "'-. ( .- .. - (2) in the event of proof by the Grantor that the public portion of the beach served by this easement lying on the seaward side of the Erosion Control Line no longer exists, in which event, this easement shall become void and terminated. This public portion of the beach will be considered to no longer exist if the Mean High Water Line moves landward of the Erosion Control Line. This Easement is binding on the Grantor, the Grantee, their heirs, successors, and assigns. IN WITNESS ~OF~ the this ct.l- day of ~-.;L Signed, sealed and delivered in the presence 0 : ~ . ~~~. . 'Z~1~ Witnesses - Powell. parties hereto have set their hands and seals A.D. 1980. lJJJoX /U-({1 [L.S.] ~.(~ ROGER . STEVENS. [L. S.] ;n::::~- 0", Witnesses - Peabody. N. M. PEABODY INVESTMENT CONPANY, :y~ey;::~:on~~~1~'.'_ ~ At~.r2r;Lrd~</;lt-0' ...> .w .: ;"';-1 S Ef.-LJ .,' , , ,. 1'( -1- \, ~ l '" "';, , ;\ eX I 05g oo~o?1 ~ I I D.H. 5 1 4 1 PAGE 1 63' STATE OF FLORIDA COmITY OF PINELLAS BEFORE ME, personally appeared BERNARD F. POWELL, to me well known and known 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. My Commission Expires: lb~~,v r..b~i(, Sll!;7 (.1 Florioa at large WITNESS my hand and official seal this ~day of &j , ~~ Notary Pub11c State of Florida at Large A.D. 1980. ~;'ill -..omm_5Hilrl ~;::9:rtS n~c. 2, ~';.'o: '.',m09d C'f ,~n~!!r:"C.;a,n ~irc ,~ C~SU'.I!'I (~ntr,>:~n)" qH~ [SEA1.'f""'" .' .J .',\ l', uJ400A///tj/tm, .~. /2#. ./ . STATE OF. .... V..0',.0/[?'/' t"ce'a,~YCJt'd- COUNTY OF . ~( I' '. ';:..- / ... '- ~::)'":~:Ii;;'-'.i:; .: ,~ -: ~ i BEFORE ME, personally appeared ROGER L. STEVENS, to me well known and known 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~...L.flay of +/)/1' A.D. 1980. My Commission Expires: ,L}U? 0. ~~ /9dl) 4AO~d#{a""/JP:"" Notary Public ~. -' .i f' ,'~, Stiiltg of Flg:r; r1.. "T T ..~. .... '" .../~, :: ~: '1Sii'ALJ ',,-' ::' :: .i )J,~! . '" _. ;~, .~ .~' ).-\; r/ I' __... .'~ . '-.J _ J ..~- '. 'i ,,'i;:~" ,,/ t.:.! STATE OF FLORIDA COUNTY OF PINELLAS ity, this day personally appeared , to me well known and known to me to and who executed the foregoing instrument as and (W 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 cor- poration 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 W~~SS WHEREO~/.h~ve hereunto set my hand and affixed my official seal thisc2 day of ~ A.D., 1980. 4u~ Notary Pub1' c State of Florida at Large . ~ . > , .. I My Commis~ion Expires: ;.!'JtJi)' -P,,5:1(, :>lat.;; OIMc.Ma al la:Q2 :?'~'I C""''''~'';''i1 ['I';'!!' 9~,. 2. 1931 UHloJ.:!d e) {\mCtiC311 Fif~ & Casu.lt" Compan~ co -----\ C.'T ATE o!=---F.'I~ ORTC} A \' ~:;) '. "l"r'-V -~--"- 5T AM P ". /, ""'" DOCUr-.'H:t'i"'\ r~I.;C';~<:> _u_____._____ n'_ co DE?10TREVENUE~'.~)'.-;'.'~.f.'~~ \ c ~= "- I;~~..\, ~~.ci::Jf::: 0 0 4 01 :-= ::: II '~~8! \'J\'7':+-.::.<--,.;'UJ;:"'_ ~ . -'. f.'l -.- J"NZc -,..,,:....:,..-";, I c; ~_:i.,~~~,.,._,. _~;'-~~:,!-<~>// .__'H.__.__ fS.EA€~"', ", " ~iI .tj . r/ 'l/ ~\ '< i C // .. . ~ : t::) ~1 .) '. -..I , ",,, I . "'.t\ I (iV' t C;'~'~ . """:.. 'i'." ....... ,.' V ;;~~~lrli'il.,'t"'... ~ ,::t" '. ....,-n G.:,; c.~ X~._ -< e- .0<'':::'''' -2-