CONTRACT FOR BEACH EROSION PROJECT
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CON T R ACT
FOR
BEACH EROSION CONTROL PROJECT
D.R.5 1 4 1 PAGE 1 590
This is an agreement between the City of Clearwater, a
Municipality located in Pinellas County, Florida, hereinafter
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called "CITY", and the following property owners, all of whom
are riparian upland land owners whose properties front on the
Gulf of Mexico:
OWNER OF FOLLOWING
PARCEL(S) SHOWN ON
EXHIBIT "c" ATTACHED
A. CONTRIBUTING PROPERTY OWNERS:
1. UNITED STATES STEEL CORPORATION,.... .M&B 1-9 (19-29-15)
a Delaware corporation M&B 1 (19-29-15)
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2. BERNARD F. POWELL aua vIR€JHJIA.......M&B 2 (19-29-15)
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41 DS ------ -Re.!MU:.1., vI rlne.L.Lcl.., c...,....uL}J, FL".L~da
431nt ~".>>.:.t~1II and BERNARD F. POWELL, Individually, .M&B 17 (30-29-15)
Tot)~ ~-. .~'tJ and ROGER L. S'l:EVENS, Individually,
f and N. M. PEABODY INVESTMENT CO~~ANY,
~ a Delaware corporation, and NORA
if MAE PEABODY, Individually.
3. CHEEZEM DEVELOPMENT CORPORATION,.....M&B 5-5 (19-29-15 and
a Florida corporation 20-29-15)
NOTE: (Cheezem Development M&B 1-3 (19-29-15 and
Corporation has the "Landmark 20-29-15)
Towers Condo" parcel underM&cB 1'::'6 (19-29-1-5),
contract.) Landmark Towers Condo.
4. HARBOUR LIGHT TOWERS ASSOCIATION.....Amended Plat of Harbor
Light Towers Condo.
5. CLEARWATER SAND KEY CLUB, INC........Clearwater Sand Key Club
NUMBER 1 No. 1 and M&B 1-12
6. CLEARWATER KEY ASSOCIATION-SOUTH.....Sand Key Condo. South
BEACH II, INC. Beach II, and 1/2 into
in M&B 1-7
7. CLEARWATER KEY ASSOCIATION-SOUTH.....Sand Key Condo. South
BEACH, INC. Beach 1, and 1/2 into
in M&B 1-7
B. NON-CONTRIBUTING PROPERTY OWNERS:
1. SAND KEY ASSOCIATES LIMITED..........M&B 5-1 (17-29-15)
PARTNERSHIP, a Pennsylvania
Limited Partnership
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SAND KEY PROPERTY, INC...............Landmark
a Florida corporation
NOTE: (Property under contract
~Cheezem Development Corpora-
tion, one of the contributing
property owners.)
Towers Condo.
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a,Ro.e;p>;r C!O~e,d~7JJ
QE;lI _]JiBI 1l;1l~~ m" "'n~"i1Ifl1'8RS,........ .M&B 1-10 (19-29-15)
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4. AMZA D. ABDULLAJ and BAKIJE,.........M&B 1-11 (19-29-15) ~
ABbULLAJ, his wife, M&B 1-5
NEIM B. ABDULLAJ and ENVERIJE
S. ABDULLAJ, his wife
5. CHEEZEM DEVELOPMENT CORPORATION,.....M&B 5-3 (17-29-15)
a Florida corporation
the property owners joining in this agreement severally and not
jointly.
Recitals
1. The beach at Sand Key has sustained severe erosion in
recent years and is in danger of being destroyed unless the
beach is restored or nourished.
2. The CITY is currently dredging Clearwater Pass and is
acquiring fill sand which it needs to dispose of pursuant to
the requirements of F.S. 161.042.
3. The contributing property owners are willing to con-
tribute to the CITY a specific amount of money for the purpose of
the CITY acquiring equipment and for other costs in connection
with paying for the cost of transferring the fill sand from the
dredging site to the beach at Sand Key. The non-contributing
property owners, while not contributing money under this contract,
agree to the terms and provisions of this contract.
4. The CITY is willing to undertake a program of nourishing
and restoring the beach at Sand Key in consideration of being the
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beneficiary of the equipment that will be purchased with the
funds provided by the contributing property owners, in con-
sideration of having a place to deposit its dredged fill sand,
and in consideration of acquisition of Public Access Easements
to the beach at Sand Key.
.
Conditions Precedent
For this agreement to become binding upon the parties,
each and everyone of the following conditions must have been
satisfied:
1. The contributing property owners will have deposited
Two Hundred Twenty-Five Thousand ($225,000.00) Dollars in an
escrow account as later herein described.
2. The four public pedestrian access easements necessary
for the project have been granted and furnished to the CITY, sub~
ject only to forfeiture for failure of the project to be completed
and to provisions in the easements that In the event any property
owner whose property is subject to said easements can furnish proof
that the public portion of said beach no longer exists, then the
easement affecting that property will become void or terminated
unless the CITY or the property owner elects to renourish said
beach area. The description and easement form for these easements
is attached to and made a part of this contract as Exhibit "A".
3. The eight temporary construction easements necessary
for the project have been granted and furnished to the CITY.
The descriptions of these temporary easements and the easement
form for the easements are attached to and made a part of this
contract as Exhibit "B".
4. The necessary permits are granted by the regulatory
agencies and the project approved as required in S161.161(3),
Florida Statutes.
5. The project as approved by the board of trustees as
described in S161.161(3) is approved by the City Engineer and by
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the engineer acting for the property owners. If disapproval
in writing is not made and delivered to the other party within
ten days of approval of the project by the board of trustees,
approval will be deemed to have been given by the engineers.
6. This contract is signed by all of the property owners
listed in the opening paragraph of this contract.
7. This contract is approved by the City Commission for
the City of Clearwater and signed by the City of Clearwater.
Covenants of the Parties
The CITY agrees to do the following:
1. It will act as requesting authority within the meaning
of SS16l.151, Florida Statutes, and will undertake to secure
approval of a beach erosion control project for that part of Sand
Key in the City of Clearwater bounded on the south by the southern
city limit of Clearwater and on the north by the southern property
line of the Pinellas County Sand Key Park. The project will be
the type contemplated by SS161.141-211 of the Florida Statutes as
effective on July 1, 1979.
2. It shall conduct the necessary surveys and apply for
the necessary permits to activate a public hearing described in
SS161.161(2), Florida Statutes.
3. Because the property owners are furnishing financial
assistance as described in the last sentence of subparagraph (3)
requesting authority it will design and seek the establishment
of an erosion control line that will be equidistant or midway
between the seaward dune vegetation line or toe of the proposed
dune, and the anticipated (post-construction) equalibriurn mean high
water line and agrees that the property owners may themselves or
through their representatives participate in the statutory process
in effecting such a location. The erosion control line shall be so
designed so the pro-rata frontage of each parcel of each property
owner is as exists before design.
4. As soon as possible after approval of the erosion
control line by the board of trustees and completion of the
conditions precedent previously described, the CITY shall com-
mence the project and work continuously and expeditiously
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thereon until completion of the project. The specific elements
to be undertaken by the CITY include sand placement, dune con-
struction, planting of dune vegetation, and construction of dune
walkover structures at each public access easement. If any of
the individual property owners desire to have a dune walkover
constructed between his property and the beach, the CITY will
apply for and secure the necessary permits at the cost of the
property owner, and the property owner shall have the option to
employ the CITY or an independent contractor to construct said
dune walkover. In the future the CITY shall maintain the dune
walkover structures at each public access easement, and the pro-
perty owners shall maintain any dune walkover structures located
on their private property.
5. The CITY shall construct the project in accordance with
the City of Clearwater Sand Key Beach Renourishment Project Survey
Plan No. 7960F-D, consisting of four (4) sheets, attached to and
made a part of this contract as Exhibit "C". The landward side
dune line shall at all places be seaward of the existing pre-con-
tract Mean High Water Line, except for parcels M&B 17 and M&B 2
where it shall be seaward of the existing property line except for
the most southerly portion as shown on Exhibit "C". Those parcel
areas where there is no seawall, or the seawall has failed, will be
filled up to the dune to be constructed so that the dune and beach
profile for the entire project will be generally consistent. The
construction will be done in a method such that the surfaces or
decks of the existent three piers will be clean of material and
unobstructed at all times.
6. The CITY shall construct vegetated dunes along the
entire project length generally in accordance with the typical
profile of the vegetated dunes attached to and made a part of this
contract as Exhibit "D".
7. The Southerly stretches of beach shall be completed
first. More Northerly stretches shall be completed sequentially
as equipment is withdrawn.
8. The CITY shall, to the extent possible in accordance with
the proper and lawful exercise of the police powers, prohibit motor
vehicle traffic on the new beach except for police patrol, beach
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safety and emergency vehicles and shall prohibit any commercial
use of the public beach property, including transient vending,
and shall prohibit overnight camping, cooking and prohibit any
temporary or permanent structures on the public beach. The CITY
shall exercise the restrictions and enforcement on the public
portion of the new beach as it does on the other public beaches.
During the construction phase of the work, the CITY shall have the
right to place construction and survey equipment and otherwise use
the beach area for construction purposes. The CITY shall not enter
upon private lands for construction purposes, except on temporary
construction easements as further described in this contract.
9. The CITY shall provide bus stop signs at each 10-foot
pedestrian easement. The CITY shall maintain the perpetual ease-
ments for public pedestrian access use only and shall prohibit pic-
nicking and loitering on the public easements. The CITY shall con-
tinue to prohibit parking along the unpaved portion of Gulf Boule-
vard and shall continue to enforce the regulations prohibiting such
parking. The agreements made by the CITY in this contract are in
consideration of the land owners conveying to the CITY the capital
equipment and pipes purchased by them and providing the easements
called for in this contract and the CITY'S covenants, to the extent
possible as a matter of law, shall run with the land and shall not
be subject to subsequent change by the CITY.
10. The CITY shall restore to original condition all dis-
turbed landscaping and appurtenances on private property. A
photographic record of the project area will be obtained just
prior to construction and will serve as the basis for restoration.
11. The CITY shall immediately commence its application as
requesting authority for the permits required by Chapter 161 of
the Florida Statutes as soon as the property owners have deposited
the $225,000.00 in an escrow account as provided herein.
12. The CITY agrees that the quality of the fill that will
be used in the construction of the beach will be such that the
beach will be a sandy one and not of the consistency of consoli-
dated material.
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The property owners agree to the following:
1. That by the execution of this contract they agree to
the undertaking of the beach erosion control project described
in this contract subject to fulfillment of the conditions pre-
cedent heretofore listed.
2. The contributing property owners agree to contribute
$575,000.00 as financial assistance in the beach erosion control
project. The sum of $225,000.00 will be deposited in an escrow
account concurrently with the execution of this contract. A
copy of the escrow agreement is attached hereto and generally
provides that to the extent and as needed, the funds will be dis-
bursed in payment for the capital equipment and pipes that will
be needed by the CITY to complete the project. Title to the
capital equipment and pipes will be vested in the CITY upon pay-
mente At such time as the Board of Trustees approves the erosion
control line, and the CITY notifies the property owners that it
is ready to commence construction of the beach, the CITY will
commence to use the capital equipment and pipes for the con-
struction under this contract. Simultaneously, the contributing
property owners shall pay to the CITY an additional $350,000.00
to defray the cost of the project. Constributions by the contri-
buting property owners shall be as follows:
A. $225,000.00 ESCROW ACCOUNT:
1. United States Steel Corporation.....$ 86,962.50
2. Bernard F. Powell, et als...........$ 53,527.50
3. Cheezem Development Corporation.....$ 44,145.00
4. Harbour Light Towers Association....$ 13,815.00
5. Clearwater Sand Key Club, Inc.No.l..$ 9,832.50
6. Clearwater Key Association-South....$ 8,370.00
Beach II, Inc.
7. Clearwater Key Association-South....$ 8,347.50
Beach, Inc.
TOTAL......$225,000.00.
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B. ADDITIONAL $350,000.00:
n.R.5 1 4 1 PAGE 1 597
1. United States Steel Corporation.....$135,275.00
2. Bernard F. Powell, et als...........$ 83,265.00
3. Cheezem Development Corporation.....$ 68,670.00
4. Harbour Light Towers Association....$ 21,490.00
5. Clearwater Sand Key Club,Inc.No. 1..$ 15,295.00
6. Clearwater Key Association-South....$ 13,020.00
Beach II, Inc.
7. Clearwater Key Association-South....$ 12,985.00
Beach, Inc.
TOTAL....$350,000.00.
3. The following property owners shall provide the four (4)
public pedestrian access easements from Gulf Boulevard West to the
erosion control line to be established as part of the project:
1. UNITED STATES STEEL CORPORATION,
a Delaware corporation.
2. BERNARD F. POWELL, ET ALS.
3. AMZA D. ABDULLAJ and BAKIJE ABDULLAJ,
his. wife, and
NEIM B. ABDULLAJ and ENVERIJE S. ABDULLAJ,
his wife.
4. CHEEZEM DEVELOPMENT CORPORATION,
a Florida corporation.
These public pedestrian access easements are those described in
Exhibit "A" attached and are located as shown on Exhibit "c"
attached.
4. The following property owners shall provide the eight
(8) temporary construction easements to the CITY for the purposes
of this project subject only to reasonable constraints on the CITY
against excessive construction noise and litter:
1. BERNARD F. POWELL, ET ALS.
2. UNITED STATES STEEL CORPORATION,
a Delaware corporation.
3. UNITED STATES STEEL CORPORATION,
a Delaware corporation.
4. CHEEZEM DEVELOPMENT CORPORATION,
a Florida corporation.
5. SAND KEY ASSOCIATES LIMITED PARTNERSHIP
6 . CHEEZEM DEVELOPMENT CORPORATION,
a Florida corporation.
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7. CHEEZEM DEVELOPMENT CORPORATION,
a Florida corporation.
8. CHEEZEM DEVELOPMENT CORPORATION,
a Florida corporation.
These temporary easements are those described in Exhibit "B"
attached and located as shown on Exhibit "c" attached.
5. The property owners agree that they are prohibited
from including new lands, title to which may be obtained under
this project, as lands for calculation of unit density for future
construction under the CITY'S zoning ordinances. All lands en-
titled to private owners at the time of the execution of this
contract shall remain the basis for unit density allocations under
the zoning ordinances in effect at the time of building permit
processing.
6. The property owners agree that they shall not erect
fences seaward of the erosion control line. However, they reserve
the right to place "no trespassing" signs appropriate under the
CITY'S sign ordinance and in accordance with the State's trespas-
sing statute so that property owners may enforce their private pro-
perty rights to the land upland of the erosion control line. The
property owners do reserve the right to erect fences along the four
public pedestrian easements, in accordance with the CITY'S fence
ordinance, to prevent trespassers from entering upon their property.
7. The property owners shall maintain and protect the dune
vegetation constructed by the CITY pursuant to this contract to
the extent that such can be reasonably done dependent upon the
elements that are beyond the control of the parties. The property
owners recognize that maintenance of the dune vegetation is
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highly desirable as part of the maintenance of the beach itself
and shall expend those funds and those efforts as a prudent man
would to protect his beach.
General Provisions
1. Title to lands shall be vested and transferred according
to S~16l.l9l, 161.201 and 161.211 of the Florida Statutes as they
are in force on the date of the execution of this contract. The
property owners are entering into this contract and paying the
$575,000.00 in reliance that title to lands upland or landward of
the erosion control line will vest in them in perpetuity and that
such title cannot be hereafter divested by any amendment to Chapter
161 or other statutes, except for the divestiture of title as pro-
vided in SS16l.l9l and 161.211 as set forth in those statutes as
effective on the date of this agreement.
2. The CITY assumes the liability and agrees to indemnify
and hold harmless the property owners from any liability arising
from the undertaking of this project. Additionally, the CITY
similarly agrees to indemnify and hold harmless neighboring
property owners, not parties to this agreement, from any liability
growing out of the CITY'S use of their property for access or
construction easements. The City of Clearwater, in acting as
requesting authority within the meaning of Section 161.151, Florida
Statutes, is not acting as an agent for the land owners.
3. The CITY, by undertaking this project, does not guarantee
or warrant that the renourished beach shall have permanence or
durability as to location or profiles, and the provisions of this
contract shall not be construed to impose such a guaranty or
warranty. The parties to this contract recognize that elements
of risk exist in constructing such a project and also recognize
that a beach is continually subject to the forces of nature, and
that no obligation is imposed on the CITY by this undertaking
beyond the initial construction except as otherwise specifically
stipulated in other portions of this contract.
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D.R.5 1 4 1 PAGE 1 600
4. However, in the event the renourished beach erodes
and recedes to its approximate present location, the CITY agrees
that the equipment purchased by the money furnished by the con-
tributing property owners, or replacement equipment for the same,
will be maintained in useful operating condition and available to
the property owners for the use by any requesting authority for
an additional or subsequent beach nourishment project for a period
of ten (10) years.
5. In the event the erosion control line has not been set
and all permits issued which are contemplated by this contract by
December 31, 1980, then this contract, at the option of a majority
of the undersigned contributing property owners, shall be null and
void, and the CITY shall sell the equipment and pipes at the best
price available and refund the sales price to the contributing
property owners, less the CITY'S cost of sale.
6. In the event that during the beach nourishment project
performance of the contract on the part of the CITY becomes impos-
sible because of an Act of God, the CITY will refund to the con-
tributing property owners the unused portion of the $350,000.00
paid to the CITY for the costs of the works, and the CITY will sell
the equipment and pipes at the best price obtainable and refund the
sales price to the contributing property owners, less the CITY'S
cost of sale.
7. Any refund made by the CITY would be on a pro-rata basis
to each contributing property owner proportionate to the amount of
contribution of each contributing property owner.
8. All notices pursuant to this contract shall be by Reg-
istered Mail to the property owners at the addresses shown in this
contract and to the CITY, c/o the City Manager, City Hall, City of
Clearwater, Florida, 112 S. Osceola Avenue, Clearwater, Florida 33516.
IN WITNESS WHEREOF, the Parties to this Contract have hereo-
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unto set their hands and seals this ~ day Of~ /'- //
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A.D., 1980.
CITY OF CLEARWATER, FLORIDA,
(a Municipality located in
Pinel s County, Flori )
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By:
Attest:
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WHOSE PROPER ADDRESS IS:
PO Box 4748, Clearwater, Fla. 33518
STATE OF FLORIDA
COUNTY OF PINELLAS, S8:
BEFORE ME, personally appeared CI;t/ des I-- L-eCh ey ,
Mayor of the City of Clearwater, Florida, and Anff,4/", 'I 1-, SJ..em4.f<'er-
, City Manager of the City of Clearwater, Florida, to me
well known, and known to me to be the individuals described in
and who executed the foregoing instrument as such Mayor and City
Manager of the City of Clearwater, Florida, and severally ack-
nowledged to and before me that they executed such instrument as
such Mayor and City Manager on behalf of the City of Clearwater,
Florida, and that the seal affixed to the foregoing instrument
is the seal of the City of Clearwater, Florida, and that it was
affixed to said instrument by due and regular corporate authority
and that said instrument is the free act and deed of said City
of Clearwater, Florida. _' "',
WITNESS my hand and official seal, this ~,.,::9ay:.'--of-:..
, 1980. ._~c co:: "" - ' _
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~ Notary PubH" ", "/;/,
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MQ Commission Expires:
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CONTRIBUTING PROPERTY OWNERS
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WHOSE PROPER ADDRESS' IS:
cY CH:) ~ UJU:)t-t..t-u4::? /Ok~
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STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
/ ~EFO appeared (2,~. d-'L---x--'l ./
and Z. C/C , to me well known, and known to me
tO,be , e i ividual described in. and who e~cuted the fore-
gOlng lnstrument as 1::~.P ;?hP1r:lAoU"d , and ~.~X1Y ~eA~:ti:i,-i..::I-.
of the above named corporktlon, and severally acknowledged tl/
an9 be~e me that they ~~ecuted such instrument as such
VA (l-f' f )a/ULp-v and / ~ ~-C-" respectively, of said
cdrpora lon, and that the seal affixed to the foregoing instru~
ment is the corporate seal of said corporation and that it was
affixed to said instrument by due and regular corporate autho;t?;ity",".,
and that said instrument is the free act and deed of said. c<}rpora~~~/;,:,
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/Jj . . WITNESS my hand and official seal, this ~I::aay,.. of i?...) \--____
(....{.-,b_/1:4A _ , 1980. ~ . . .~. . ':>", '> :,-
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~1ii~fd;~J:6f~dTtai-ili ~ ~otary Public :,.:.'.,..,,_"";
1I4y Commission Axpirea Aupat 11. 1982. " '.f 1:' .
[SEAL]
WHOSE PROPER ADDRESS IS:
BERNARD F. POWELL, CO-TRUSTEE
[L. S. ]
CO-TRUSTEE.
a REVOCABLE
of BERNARD F.
2, 1974, Re-
4192, Pages
through 1764, P lic Records
Pinellas County, Flo 'da)
Witnesses-Powell.
Witnesses-Cummings.
WHOSE PROPER ADDRESS IS:
VIRGINIA CU~~INGS, CO-TRUSTEE
STATE OF
COUNTY OF
, SS:
BEFORE ME, personally appeared BERNARD F. POWELL,as
CO-TRUSTEE of a REVOCABLE INTER VIVOS TRUST of BERNARD F. POWELL,
to me well known and known to me to be the person described in
and who executed the foregoing instrument, and acknowledged to
and before me that he executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this day of
, 1980.
My Commission Expires:
Notary Public
[SEAL]
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STATE OF
COUNTY OF
, SS:
o.R.5 1 4 1 PAGE '1 603
BEFORE ME, personally appeared VIRGINIA CUMMINGS,
as CO-TRUSTEE of a REVOCABLE INTER VIVOS TRUST of BERNARD F.
POWELL, to me well known and known to me to be the person de-
scribed in and who executed the foregoing instrument, and ack-
nowledged to and before me that she executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this day of
, 1980.
My Commission Expires:
Notary Public
~
[ SEAL]
f]~#"'-i)r~ [L.A.]
BERNARD F. <:MELL, Indi idually.
WHOSE PROPER ADDRESS IS:
~
STATE OF ~
COUNTY OF , SS:
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BEFORE ME, personally appeared BERNARD F. POWELL,
Individually, to me well known and known to me to be the person
described in and who executed the foregoing instrument, and ack-.
nowledged to and before me that he executed said instrument for
th purposes therein expressed.L/ .,' ';",
WITNESS my hand and official seal, this ~~ay;-of~
, 1980. ~a ~!;.j
MY- Commission Expires: ~ Notary Public ~
Rotary Public, State of Florida at Large
: fIIv (ornmISSI:m .I:~plres ~ql!. 11, 1981
!; ;?jj;;;;l fir. & (","all
:!:>J, 5~.j(
Wi tnesses'.
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[L .S. ]
STEVENS, Individually.
~~
WHOSE PROPER ADDRESS IS:
as
STl\'l'E OF t'i/cu;~//?9y'~ ~d4/~), .
COON .l'Y Ul" , SS: L?~ ' ~/u
LJ.
0-'" 7
BEFORE ME, personally appeared ROGER L. STEVENS, In-
dividually, to me well known and known to me to be the person
described in and who executed the foregoing instrument, and ~ck-
nowledged to and before me that he executed said instrum~h'f::lifor
the purposes therein expressed. ,...~;_/~ <~ ~. .,'-:
WITNESS my hand and
CY~~iP~ ' 1980.
My Commission Expires:
AI1/JAii ~.;>;;, /c;~tJ
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Q,R.5 1 4 1 PAGE 1 604
7lJ~
t)flftJffv 161~
Witnesses.
N. M. PEABODY INVESTMENT COMPANY,
a Delaware corporation
Y\~ 'vIs~~~~.
AttesCFt2 y:I~-o .' .
By:
;
I~
. ;- ,\
"
, ,
, ,.,
\'[SEALj-
WHOSE PROPER ADDRESS IS:
STATE OF ~~
COUNTY OF '
dJ-J ~ ~Lav-
~~L. . 4J~~~ Q
, SS: ..;/;;/ ~
personally appeared J(~~. /~ ~~.i!~
, to me well known, and known to ~o
scribed in and who exe uted foregoing
instrument as 'and of the
above named N. M. PEABODY INVESTMENT COMPANY, a Delaw re corpora-
tion, and severally acknOwl~~gto and before m that they ecuted
such instrument as such <-/)$'~J?,h7t- and '/- ,
respectively, of said corporat1on, and that the seal a f1xed t
the foregoing instrument is the corporate seal of said corporation
and that it was affixed to said instrument by due and regular cor-
porate authority, and that said instrument is the free;Ac . and
deed of said corporation.
. ,~ /.. WITNESS my hand and official seal, this ~ day of
~~. , 1980. " ' 'u.
d~PJ~) ~ - ",'
NotarY--PUb~ " ~
MYN~~e~th~1Jf ~~Wt~We:
"r",':'
'1y r~'IlJi'i,-ij, b/'", 09(. 2, i9S1
COlllPda.~,
, "[~E:~j\"';'
... -
~~
CAfIt/lfi' / kl //1
W1tnesses.
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~
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NORA MAE PEABODY, Indiv
[L . S . ]
dually.
WHOSE PROPER ADDRESS IS:
STATE OF ~
COUNTY OF
<311 ~ ~
~~. /~)
-rf~~d
, SS:
BEFORE ME, personally appeared NORA MAE PEABODY, In-
dividually, to me well known and known to me to be the person
described in and who executed the foregoing instrument, and ack-
nowledged to and before. me that he executed said instr;;:m t for
the purposes therein expressed.
M~~~;;~~:Ir::~':l~'~~O ~and and OffiC~: 24da~.o~.
l,'!i' COlllI";,;;U!J tX;~IIC. U:2.'. 1, l~lSl .. LSE~Lf
-8~ndcd B)/ .4.f{;tlfl~.lrl hH,; &. ';UI.i:!lll)' Compel,.,. -15 _ C) .: "_ _~ ':: i..,
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o,R.5 1 4 1 PAGE 1 605
CHEEZEM DEVELOPMENT CORPORATION,
a Florida corporation
"
WHOSE PROPER ADDRESS IS:
STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
t- '-M ;lJtiJltiME, personally appeared :5'0 h n 'i:;. CfJt" t:i' d
and /-..-.::." , ~o J1 ,to me well known, and known to me to
~e the individu~~ri~ and who xecute the foregoing
1nstrument as . ~L and of the
above named corporat1on, and severally acknowledged .~~
before me ~ th~ecuted such instrument as such {.
and ~I _ , respectively, of said corporation,
and that the seal aff1xed to the foregoing instrument is the
corporate seal of said corporation and that it was affixed to
said instrument by due and regular corporate authority, and that
said instrument is the free act and deed of said corpOr?):iP.~._n~. .
cJ-~. WITNESS my hand and official seal, this ~~~~.,Q~f_
d7 ,1980. ' '/
My Commission Expires:
'1t:;p :3~ W~J/&,.1J,
S~ I /'b.~ tI!J I FL337//)
~:~~;~Ijf r-\':;~:~1"!:: '" r',;,~!",? ! i':;~
11 lorJd1Hj fly A"'I;)i,~";;. r iloJ _<' I~., ,.~_ ;',-.: t"
.... ""'''''~'~''''I .-I,;,r1illlln)'
,V'~ "!
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'. [SE~lJr
By:
Attest:
" .
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~,.r\
. ~ t~ '. _ I
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,
. -J:S:m~L.l .-
WHOSE PROPER ADDRESS IS:
?i~~~': !:-1:;f
STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
and /J.... . 0 BEr~~ personally appeared(:'} '-1.11.1,1 C." /Jh J J,~
GlL~~ ~ ,to me well known, a~)k~~wn to ~~~
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O.R. 5 1 4 1 PAGE 1 6 0 6
~he individual~pescE~ed. in and WhO., e ecut d the foregoing
lnstrument as ~~~ and of
the above named Assoclation, and severally ac owledg~o/to and
,~~efor~ me that they ex uted such instrument as such t/~
e~~and , respectively, of said Assoclation,
and that the seal affi d to the foregoing instrument is the
corporate seal of sai corporation and that it was affixed to
said instrument by due and regular corporate authority, and
that said instrument is the free act and deed of said Associa-
tion.
(~ WITNESS my hand and official seal, this /;<~ay of
+.L-)..~./ , 1980.
My Commission Expires:
. ....-.'
_/ ~j.)'I) \ .-:- ,
':' to. ~
, v' L .~
" 3-: '.~&s,EAL] ,':::
-oJ 'iI~ _ ,.-=
R~iB;:" Pub!:c, Stale of Florida Ht largl
My Comrni~~jllll Expirl'l$ Sept 11. i?81
Bondod !y Am.,I.,n fire & C..u.li~ Compony.
-. .
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:: :: ~ ~/ --" ':': '"'='~~
WHOSE PROPER ADDRE$.f/ IS ::":'.~ . ',"_ ~ .:. ~,>
/390 <:?d~~. ./:f/vt:> "~:':',:.:':-
C~4i1//I'J6e ;ft 39~r- -~,
STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
B:g'ORE ME, personally appeared W NDL#AN EI9~ ~oeO
and ^' ~ t) , to me well known, and known to me to
be the indlvidu s described in and who executed the foregoing
instrument as )(S'5ldt.~l and .:J6.c€F-.7A-1t..."'f . of the
above named corporation, and severally acknowledgee to and before
me that they executed such instrument as such 1'ees,d~~~ and
~~~~F1he~ , respectively, of said corporatlon, and that the
seal affJxed to the foregoing instrument is the corporate seal
of said corporation and that it was affixed to said instrulTl~pt- by
due and regular corporate authority, and that said inst~_n.t\:is,"
th free act and deed of said corpo:a~ion. . $.~'_:-'\'>~ :,':~.":-"-':.'.<';~: .
WITNESS my hand and offlC al seal, thlS~Z"'et.ay 'qf-,.' .
'1980. ::-.:-;- -,,-',
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My Commission Expires:
Notary Public, Statl.! ci fkrida ,t ll1'91
My Commissiol\ h~~r~s 5-:"'. 11. 1~3'
i,:.. BQnded By American Fir. & c.a~J, '''Krffl'
~' [S-:3A:L]
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O.R. 51 41 PAGE 1-607
CLEARWATER KEY ASSOCIATION-
SOuTH BEACH II, INC.
:;:;rr!~
-ltnesse~ ~
WHOSE PROPER
_-~._\,-<-~: - 0
_...- ......',-~- - ~.~:.~' ,~j ~', ~ \y/ ~:.
.-3 ~ -~,~~. r~EAt,] . ~.:--:~
~ ~~ i ~-i ?:-- _;.;.-:. ~., > _ ~ ~> ~...- _
ADDRESS~l~~ ~ :: - ':< .=,: ~_ ~
::. ~~ .,~~..;:.. ~ "";0 .' ;::- ,,,~'~- - - :-
~:-~ . ""i~.' --:.:..... ~:
~' ,,~..:... '
STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
ME, personally appeared e~~
and , to me well kno known to me to
be the aiv1du~;'descfib7d in and who ex foregoing
instrument as ~ and of
the above named corporation, and several y acknowl ed/po ang _ ~
before e t at they executed such instrument as su ~
and , respectively, of said corporation, and that the
sea affixed the foregoing instrument is the corporate seal
of said corporation and that it was affixed to said instrument by
due and regular corporate authority, and that said instrument is
the free act and deed of said corporation. hi
./1. 1 .. WITNESS my hand and official seal, this ~~~y _d_~<,',
.,,;T~ddJ-,uI ' 1980. / /Jl /J"/'Y" -- ,,'.
My conmlissi~ Expires: ~l/t,,;:f<~1v ""'~:1
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r;,~~.;;; !':.~r~, :.t~'-c':~~.c~::':;:';:: t :;~,~:-:t
l ~'{'nCl - ,j ~,y 1\\li(:(I'..~ii ,',::101 .~ \~,",hl;;'li~' ;"':~il.~;'HIV
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CLEARWATER KEY ASSOCIATION~
SOUTH BEACH, INC.
BY:/~/yv 13 ~ /~
Attest: i<J~~";;,,,'~:,r'. ."J,>, .
'~~..,
~~,:;~~j ,~~/::''>
'~. '-- '. -..'
- ,. - ~ ~
'~' ',[~$~] '-- ~:-
"'- .f.
WHOSE PROPER ADDRESS IS:'
/1/-00 &-u/f' !3/yc!
0eMwcdef? r:-L 33515
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STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
BEFORE ME, personally appeared tJ;.an B ~()ca..s
and LJuLuR f{, (fa-Ide mo.:,., , to me well known, and known to me to be
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o.R.5 1 4 1 PAGE 1 608
the individuals and who executed the foregoing
instrument as and Set:!l?p-fn &1.t. of the
above named cor oratlon, and severally acknowledged to and be-
fore~e that they executed such instrument as such ?~es;dpmt
and ~Refa~ ' respectively, of said corporation, and that
the seal affYxed to the foregoing instrument is the corporate
seal of said corporation and that it was affixed to said instru-
ment by due and regular corporate authority, and that said in-
strument is the free act and deed of said corporation.
WITNESS my hand and official seal ,this ~ day of
VeurJUa fly , 1980.
i~da g.1. 1; kf1/iL~
L-X.. r f Notary Public:,' .
[SEALl
My Commission Expires:
Notary Public, Stilte of Florida lit Laroe
d.l,. ..
lVi;! ,.pm;mS,Jon Expires fb'l. 12, 1981
fto,Que..: (,1 !\.'Tlerh:arl Fira & Casualty C .
~."_ _ _ ..' vIIlPan.~
/--
" ,
NON-CONTRIBUTING PROPERTY OWNERS
"NOTICE: Since SAND KEY ASSOCIATES LIMITED
PARTNERSHIP obtains no land under this
project, it signs this Contract only upon
the conditio nd with the agreement that
paragraph/, age 9, does not ap to it."
'--
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SAND KEY ASSOCIATES LIMITED
PARTNERSHIP, a Pennsylvania
Limited Partnership
By:
" . CVL.~(.~\--7L \>--
Witnesses.
Attest:
[SEAL]
WHOSE PROPER ADDRESS IS: ~~~;
>>fp~/pr-=,,v ,#9/V1i r;l ~
~~(J - a-U{:f- ~/';d,
C/P/1'r#4Y.If5/-J&~/~ }'.?~7S-
. /
SS: /l/l. /; ,;tt'~/P// ~~
BEFORE ME, personally appeared~t?;r~~~ ~~~~~
~ , to me well known, and known to me to be
the individu~s described in and who exec. uted the foregoing in-
strument asurp/Jo'.cr/7/ ~#/1/Y/9~6'r- of the above
named SAND KEY ASSOCIATES LIMITED PART~ERSHIP, a Pennsylvania
Limited P~~nership, and sev. erally acknowledged~o and before
me th ~executed such instrument as such ~~~/.S~~I
aBd _ , respectively, of said Limited Partnership,
. .., 'r
;;:0-4- .il du... . .-. .L~.._ .:.... ll.r.k':'..~.a _il:J. .ali~ aLe. .t'.L~ff~J::' d(!lt:b~';~,
and that said instrument is the free act and deed of said Limited
Partnership. (J ....:
0v... r~ITNESS my hand and official seal, this -L.... daY-of,.
\.. :\\~~ , 1980.
1.j
STATE OF i)..O .1 .,',..Q (c
COUNTY OF
My Commission Expires:
IIDfI4Y ,.. Ie 'TAft OII'l.CUM AT LMIiI
. COMMISSION EXIlE MM... 1M2
__ HLI GEt8AL INS. ____
('nC~,1.~<>.~~ ..;: L/~.W~
Notary P$li;c _
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-19-
.:{SEALl:
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- O.R. 5 1 4 1 PAGE 1 609
By:
WHOSE PROPER ADD~~.. ~
? <f;- ?.() ~~ <--- ,
ll. ~7~
~~ 3:>3 710
STATE OF FLORIDA,
COUNTY OF PINELLAS, SS: ,g!
~ /l . BEFO~ ME, personally appeared {} ~<tPm~----
and Y d.!!;lt( m t:/~:~;_ ,to me well known, and known to me to
~e the lndividual~ de~ribed in a~ ~9 executed the foregoing
lnstrument as P~.e m~o- anctt~~,. of the
above named corporation, and severally acknowledgy~~o a~before
me . at ~hey executed such instrument as such ~~~. ~~/
an,. , respectively, of said corporation, and
that t e seal afflxed to the foregoing instrument is t!:te-'~c6'r~9:rate
seal of said corporation and that it was affixed to ~~~:i~st.~~nt
by due and regular corporate authority, and that sa-!--<;1 ;(1iSzrwrieX1-t~',
is the free act and deed of said c07"P<;>ration. . _..;:.;:;d-;-,W. '.:~'.,.j. \~..".'-
~. . ./ WITNESS my hand and offlclal seal, thl~ ?_~;::;',day Of:::-
_/i/){ '/ ' 1980. '" :;'--', ~~ ,'.., ,,':::: ~
'"
"
My Commission Expires:
Natarv F~~'.k, ~ ~ 'ta of Flnda at ta,ce
f./q ((':;;::':":',;;1 :=qiI'2S 5q:~. H. 1981
io;IJ~d 3y Ar,.,oi..,-'.:l hI;) &. Casu.:.Jty C::"cnp3i1V.
[SEAL ]
~I}#)) ~e I (!./tI~ -P/c'.) . '. .;t.(fi
ar7'J4'A- L'J q?.1~.4/ /AJ".ri!f6. .
8.m-~flliljP.il1 lllJ.LHI1~Zl~ IlniH!I'il~i(,~.., ..,..'.':. '"
~ ~ . .,
By:
WHOSE PROPER ADDRESS IS: \
~;tko, 02/5
~d~.1 (,-"'~ ~ N.e~ S/7
#/4A/~ ~/1 ;3'0 ';-(/3
-20-
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STATE OF -4)~ G-
COUNTY OF 0' ~, , SS:
(' BEF RE ME, personally appeared ]t1rcd S /tp,(lJ...,"-'-fJ_fl/n-{
and ~ ",' ~rt-; to me we 11 known, and known to me to be . I . ~
~he ln ividuals described in and who e~ecut~d the foregoing ~~ .
lns trumen t as -p A.\LD.<~J and ~ '~.A.. ~ of the
above named CWJ?lBIf"U HijR'f'Q3t~;; nPJ~B'Il(oRS, :; 1 ~sS..9N'l> ~q Ctt/.6;ULt
~ar.~~1? ~:l:l"Ii3t, and severally acknowledged to and be.for~ m.eO-A.~.I"/d/-.-
that they executed such instrument as such'PA~\\Y ..:~efdrat//)~
and .Sl~ ti ' respectively, of said Business Trust,l~,:al;ls1"!,
that the seal affixed to the foregoing instrument is the'i"r'seal',!"
and that it was affixed to said instrument by proper~~VthoF~ty
and that said instrument is the free act and deed off~ai~ Trus~
WITNESS my hand and official seal, this II~~- d~~f
, 19 80 . \, ..>\ ::::; ""n' .
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/ ': /Y't,/:', /11 ' '. f; , "
otary Public
o,R.5 '1 4 1 PAGE 1 6 '1 0
-DfA'~
My Commission E~,~res:
--CLrJ\l2 ,to ,9'6~
I
,/
[SEAL]
.,,~
~DI c5ou'M /!;ee7z,/tf.s /}.u-L
~/~,4eJAfe0 ~!.. ~/J-
STATE OF ~IJ J ./
COUNTY OF ~ SS:
BEFORE ME, personally appeared AMZA D. ABDULLAJ and
BAKIJE ABDULLAH, his wife, to me well known and known to me to
be the persons described in and who executed the foregoing in-
strument, and acknowledged 'to and before me that they executed, ;,
said instrument for the purposes therein expressed. :::("",,_"">_~.. ;:L;:
n WITNESS my hand and official seal, this ~. ,.~,...Jl';'b..'...i~';-':~.:.""',
zI'~ ,1980. ", J a ~;j{ ';;'0-')::
My Commission Expires: ~tc{ry Public, ."ij',.')\! / ,-:
R~t~;" Public, State ot Florid!l at lerCJI ',' Q ',' --
'Mv Cllmmi5~i~nExpiresScjlt. li, Will V'(G'3'EA~I]
....d.ct II' ,..",..ic... f.. .. .....".uy ,--, C:'\. . ..
~~ AB~~t~':~~'.~.] "
(a1/lfff7/~f \7 III L~t'//ClA[L.S.]
~NVKRIJE/S. ~BD~LAJ, his~ife.
WHOSE PROPER ADDRESS IS:
~/eJO >n C-KIi? lev c:5i
(!/e/iL? wntf'0 ~L ~c3J/J-
-21-
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STATE OF ~
COUNTY OF ~...) SS :
o.R,5 1 4 1 PAGE 1 6 1 1
BEFORE ME, personally appeared NEIM B. ABDULLAJ and
ENVERIJE S. ABDULLAJ, his wife, to me well known and known to
me to be the persons described in and who executed the foregoing
instrument, and acknowledged to and before me that they executed
said instrument for the purposes therein expressed.
~TNE~Sl~~o~and and~Of.fiCial seal, thiS~. d. a.,.Y...,.....O.f.....,
~ ) a / /Jv~.',;,'..': i~
My Cornmisslon Expires: Notary Public/~~,'.)! ,>" .~~.
Notary Puhlic, State 01 J:/nrid. ,t La 9 ,;' ::: ':;:,.,. ", -:::
M~ ~ommi~sioIJEl(pire= 5~pt fJ, Vial' ~. ;'(.~.'.~, 'Y-'i-- [SEAW .. ::'.
'- .n 'II By Am.I;"'. Fi,. & '''.olly , _ ~ ""- ;'
....~m~III#1~ ..... .0 A.... .;;'
-:. -;:
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CHEEZEM DEVELOPMENT CORPORATtbN~
a Florida corporation
'[ SEAt. 1 , .
,
WHOSE PROPER ADDRESS IS:
1,-""
rzg dO 38W1ltvc){ue )./f)f-,Ph
<.51 / Pr-!-to f{~t,~ Vt'1, f L ,3-3 '71 t)
-J'
STATE OF FLORIDA
COUNTY OF PINELLAS, SS:
r-j .u ~~l}E~Illi' personally appeared ::)oh n JJ. {~e.e{'t-
andA-. ICLJ-?LL ~1J:2' to me well known, and known to me to be
the indivldua~,~de~9-1ibed in and who ecuted he foregoing in-
strument as titfil ~.L--t/Ir and . ' of the
above named corporation, and several y acknowledged t~ ~nd ~
be~~ ~ t)at they executed such instrument as such ~~,
and{/&7<;!_'>tf..te L respectively, of said corporation, and that the
seal afflxed to the foregoing instrument is the corporate seal
of said corporation and that it was affixed to said instrument
by due and regular corporate authority, and that said instru-
ment is the free act and deed of said corporation. .JL,' !. . .
7<~ WITNESS my hand and Offl.';,cial seal, this ~.. i"'U. ~~:.~,C?..'~.'. ,:,~.~.'.>
C\ ~-~.-~7 ' 1980. ~. . -\. .~'_.-.''''.' V.i.'..'" -',
/} /). '. f -c-;} '.- -./ .' ".i" ". I. .", . '.' i.~
~~"'..!r"'~'
My Commission Expires: .'. . Not:"ar; PubllC/; ~~. - v/_ ....... <~';",
I~:., :...., ), ../ ,.., . .-........
~- '>, S"":.. {~~~LJ
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fIG~i!rv P;~l;E'" ~';~;c; ;c~ rl~;"_ ,~ I
f~':tf C:'!:t:',~,;,j,::i:,::;.,: ~" . :. .' JI
~o(j';:ed By AnlCiric.:;;;.r, ~:fo;; .:,. -':.:~.;...ljt (...Ji.,..,;jl'"
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PUBLIC" ACCESS EASE.T D.R,5 1 4 1 PAGE 1 6 1 2
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
cash in hand paid to them, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom,
as Grantor,
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a munici-
pal corporation, as Grantee, easement over, under and across the follow-
ing described land, lying and being situate in the County of Pinellas,
State of Florida, to wit:
SEE ATTACHED....
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 of Clearwater, Florida and the riparian
upland owners of Sand Key of even date herewith, or
(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 WHEREOF, the parties hereto have set their hands
and seals this day of , A.D. 1980.
Signed, sealed and delivered
in the presence of:
[SEAL]
[ SEAL]
STATE OF FLORIDA ]
]
COUNTY OF PINELLAS ]
BEFORE ME, personally appeared
, tome well known and known
to be the individuals described in and who executed the foregoing instru-
ment and acknowledged before me that they executed the same for the
purposes therein expressed.
WITNESS my hand and official seal this
A.D., 1980.
day of
Notary Public
State of Florida at Large
My Commission Expires:
EXHIBIT "A"
PAGE 1
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o.R.5 1 4 1 PAGE 1 6 1 3
SAND KEY BEACH NOURISHMENT PROJECT
PUBLIC ACCESS EASEMENTS
1. Property owner:
Powell, B. F., etal Trust
Legal description:
A five-foot public access easement lying to the South of
the following described line:
From the Southeast corner of Section 19, Township 29 S,
Range 15 E, run N 89004' 07" W, 2351.81 feet, along the
South section line to the Westerly rigilt.-of-way line of Gulf
Boulevard; thence N 310 58" 20" E, 553.24 feet along said
right-of-way line for a point of beginniilg; thence N 890
04' 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.
2. Property owner:
U. S. Steel Corporation
Legal description:
A five-foot public access easement lying to the North of
the following described line:
From the Southeast corner of Section 19, Township 29 S,
Range 15 E, run N 890 04' 07" W, 2351.81 feet along the South
section line, to the Westerly right-of-way line of Gulf Boule-
vard; thence N 310 58' 20" E, 553.24 feet along said right-of-
way line for a point of beginning; thence N 890 04' 07" W
396.25 feet M.O.L. along the Sou'th property line of M&B 1 to the
mean high water line. Said easement shall be extended to an
,erosion control line upon establishment according to State
Statutes.
3. Property Owners:
A lrlullaj, Amza D. & Bakije F., etux etal
Legal description:
.
A ten-foot public access easement lying to the Southwest of
the following described line:
EXHIBIT "A"
PAGE 2
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o.R.5 1 4 1 PAGE 1 6 1 4
From the Nor(hc;'Ist corner of Snnd Key Condominium South
neach I, Condominium Plat nook 11, Pag~ 83 through 89, run
N 220 50' 39" W, "-16.19 feet along the Northwest right-of-way
line of Gulf nOlllevard for a pOint of be~inning; thence run
N 67" 12' 17" W, 2Rl.33 feet M.O.L.along the Northeast property
line of legal descriptionI, O.R. 4621, Page 605, public records
of Pincllas County, Florida, to the mean high water line. Said
casement shnll be extended to an erosion control line upon estab-
lishment accordjn~ to State statutes.
-1. P~~crty owner:
Cheezem Development Corporation
~=,-c_g_~l 0 es c r i p_~ !~~ :
^ ten-foot public access easement lying Northeasterly of
the following descrihed line:
From the Northwest corner Section 20, Township 29 S, Range 15 E,
run North 890 10' 31" E, 789.95 feet M.O.L. along the North sec-
tion line to the Northwest right-or-way line of Gulf Boulevard;
thence run S 120 ]3' 31" W, 1266.70 feet along said right-of-way
line; thence nlong a curve to the left, radius 2,914.79 feet
arc 547.79 feet, chord S 36050' 29"W, 546.98 feet for a P.O.B.;
thence run N 67" 12' 17" W, 275.25 feet M.O.L. along the South-
west property line according to Exhibit I, O.R. 4188, Page 1145,
official records of Pincllas County, Florida to the mean high
water line. Said ensement shall be extended to an erosion
control line upon csta~lishment according to state Statutes.
{NOTE:
This Easement from Cheezem Development.Corporation .
W1.' 11 not ha.ve included in it the forfe1. ture language 1.n
" (E h'b't nAn
the form of the "Public Access Easement. x 1. 1. ,
Page 1 attached). This Easement ~rom Cheezem De~elopme~t
Corporation will satisfy the requ1.rements for th1.s ease
ment in paragraph 4 of the Final ~udgment entere~ on
May 12, 1978 by Circuit Judge Dav1.d ~eth Walker 1.~ the
case of Cheezem Development Corporat1.on -v- the C1.ty of
Clearwater, in the Circuit Court For Pinellas County,
Florida, Circuit-Civil No. 74-829-18, 74-8333-17.)
. . .
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EXHIBIT "A"
PAGE 3
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TEMPORARY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
cash in hand paid to them, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom,
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a munici-
pal corporation, an easement over, under and across the following des-
cribed land, lying and being situate in the County of Pinellas, State of
Florida, to wit:
SEE ATTACHED...
This easement is granted for construction purposes for the use
by the City of Clearwater, Florida in the construction of the Sand Key
Beach Renourishment Project. This easement is temporary and expires auto-
matically after one year from date hereof or upon the completion of the
project, whichever is sooner, provided however, that this easement may be
extended by the City of Clearwater in 90 day increments, for not more than
3 such extensions, by explicit written notification by the City Engineer
to the grantor of this easement at least 30 days prior to expiration of
this easement.
IN WITNESS WHEREOF, the party hereto has caused these presents
to be duly executed by its proper officers thereunto authorized and its
seal to be hereunto affixed, this day of A.D., 1980.
Signed, sealed and delivered
in the presence of:
By
Its
President
Attest:
Its
Secretary
[CORPORATE SEAL]
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, this day personally
appeared and
, to me well known and known to me to be the in-
dividuals descrioed in and who executed the foregoing instrument as
President and Secretary respectively,
of the Corporation named in the foregoing instrument, and they severally
acknowledge 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 WHEREOF, I have hereunto set my hand and affixed
my official seal this day of A.D., 1980.
Notary Public
State of Florida at Large
My Commission Expires:
EXHIBIT "B"
PAGE 1
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S^ND KEY BEAcn NOlmrSHMENT PROJECT
T~~~OR_~_~_V CONSTRUCTION F.^SF.MF.NTS (In~ress and Egress Only)
1. Property owner:
Powell, B,Y., Etal Trust
t..egal Description
A temporary construction casement consisting of the
Northerly Forty Feet of that parcel described in disclaimer
Deed, O.R. ~J70, Page 2031, Oificial Records of Pinellas
County, Florida
.
2. Property Owner:
U. S. Steel Corporation
.
Legal Descript io'!:
A forty-foot temporary construction easement lying
Northerly of the following described line:
From the S.E. corner, Sec. 19, Twsp 29S, Rge. 15 E,
Run N 890 04' 07" W t 2351.81 fe.et along the South section
line, to the Westerly R.O.W. line of Gulf Boulevard, thence
Run N 310 58' 20" E, 553.24 feet along said R.O.W. line
for a Point of Beginning, Thence N 890 04' 07" W, 396.25
feet M.O.L. along the South property line of M&B 1, to the
Mean High Water Line.
3. Property Owner:
u. S. Steel Corporation
Legal Description:
A forty-foot temporary construction easement lying
Southwest~rly bfth~following desc~ibed line:
From the Southeast corner, Section 19, Twsp 29 S, Rge 15 !,
Rurt N 890 04' 07" W, 2351.81 feet along the South Section Line,
to the Westerly R.O.W. line of Gulf Boulevard, Thence Run
along said R.O.W. LINE THE FOLLOWING COURSES, N 310 58' 20" E,
851.04 feet, thence along a curve to the left Radius 1859.87 ft..
Arc 296.31 feet, Chord Bearing N 2'7024' 30" E, Chord 295.99 Ft.,
thence N 22050' 39" E, 2580.40 ft., Thence along a curve to
the ri~ht, Radius 2914.79 feet, Ar~ 438.18 feet, Chord Bearing
N 270 09' 03"E, 437.77 feet to the Point of Beginning. Thence
'run N 670 12' 17" West, 275.25 feet M.O.L. ALONG the Northerly
property lirtc of the parcel described in O.R. 4649, Page 440,
Public Records of Pine11as County, :Florid~, to the Mean High
Wa ter Line. i
4. Property Owner
ClleEizeinDevelbpment. Corporation
Legal Description
A fifty-foot teml'orary construction easement lying
Northeasterly of the fol10win~ described line:
From National Ocean Oeean Survey, Monument
Harris "C", N 1,317,536.82, E 233,249.10), run
South 490421 49" W, 516.87 ft., M.O.L. to the Northeast
property corner of the Sheraton Sand Key, thence
S420 13' 31" W, 1150.00 feet, along the Northwesterly
R.O.W. line of Gulf Boulevard for a Point of Beginning,
thence N 470 46' 29" W, 480.00 feet along the Southwesterly
property line of M&B 5-3, for a Point of Ending.
EXHIBIT "B"
PAGE 2
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SAND KEY nEACH JtENOtmlSltMENT PROJECT
TEMPOR^RY CONsrnUCTION E^SEMRNT (PIPELINE MAINTENANCE)
5. Property owner:
Sand Key Associates I:.imited Partnership
Legal description:
A temporary pipeline easement providing five foot Westerly
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of the fol1owln~ described line for operation of a dredge pipe-
line and 25 feet Westerly of said line for installation, mainten-
ance and removal of said pipeline. From N.O.S. monument Harris "C"
(N 1,317,536.82, E 233,249.10), run S 490 42' 49" W, 516.87 feet
M.O.I~. to the Northea~t property corner of the Sheraton Sand Key;
thence N 47" 46' 29" W, 934 feet for a P.O.B. Thence run
S 200 03' 12" W, !)J 9 feet M.O.t. alon~ the seaward face of a
seawall, for a point of endin~.
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6.
Proper ty owner:
Cheezem Dev~lopment Corporation
l~g~l deserip~~o~~
A temporary pipeline easement providin~ 5 feet Westerly of
the followin~ described line for oper~tion of a dredge pipeline,
and 25 feet Westerly of said line for. installation, maintenance
and removal of said pipeline. From N.O.S. monument Harris "C"
(NI, 317, 536.82, E233, 249.10), run S 490 42' 49" W, 516.87 feet
M.O.L. to the Northeast property corner of the Sheraton Sand Key;
thence S 420 13' 31" W, 500.00 feet to the Northeast corner of
M&B 5-3, thence N 470 46' 29" W, 730.00 feet along the Northeasterly
property line of said parcel, to the P.O.B. Thence run S 210 29'
33" W, 695.01 feet to a point of ending.
7. ~perty owner:
'Cheezem Development Corporation or
Sand Key Property, Inc.
Legal deser lpt ion:.
^ temporary pipeline easement providing 5 foot Westerly of
-the following described line for operation of a dredge pipeline
and 25 feet Westerly of said line for installation, maintenance
and removal of said pipeline. From N.0.8. monument Harris uCu
(N 1, 317, 536.82, E 233, 249.10) run 8 490 42' 49" W, 516.87 feeb.-
to the Northeast corner of. Sheraton Sand Key; thence 8 420 13' 31" W
1150.00 feet alon~ the Northwesterly right-of-way line of Gulf
Boulevard to the Northeast corner of Landmark Towers Condo; thence
N 470 46' 29" W, 480 feet M.O.L. along the Northeast boundary of
said Condo, for a P.O.B.; thence run S 260 08' 01" W, 220 feet
M.O.L. along the seaward face of a seawall to the ,mean high water
line, for a point of ending.
EXHIBIT
PAGE 3
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SAND Kl':VBEACHRENOURISnMENT PROJECT
TEMPORARY CONSTRUCTION EASEMENT (Pump Station)
8. Property' Owner:
;CheezeItl Development Corporation
Legal Description:
. A temporary c6nstruction easement providing for
placement and operation of a dredge booster pump, including
provisions for fencing said site. From N.O.S. Monument
Harris "C", (N. 1,317,536.82, E 233,249.10), run
S 490 42' "9" W, 516.87 ft. M.O.L. to the Northeast
property corner of the Sheraton Sand Key, thence
S 420 13' Jl"W, 1150.00 feet, along the Northwesterly
R.O.W. line of Gulf Blvd., thence N 47046' 29" lV"
410.00 feet, along the Southwesterly property line of
M&B 5-3. for a P.O.B. Thence run N 47046' 49" lV, 40.00 ft.,
thence N 210 20' 33" E, 64.15 feet, thence
S 470 46' 49" E, 62.71 feet, thence S ~20 13' 31" W, 60.00 ft.
to the P.O.B. Containing 3081.30 feet or 0.0707 acres M.O.L.
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EXHIBIT "B"
PAGE 4
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SEE BULKHEAD LINES AND EROSION CONTROL LINES
PLAT BOOK 2, PAGES 64 AND 65
OFFICIAL RECORDS OF PINELLAS COUNTY
EXHIBIT lie"
SEE PLANS IN FILE