09-49RESOLUTION NO. 09-49
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING SOVEREIGNTY SUBMERGED LAND LEASE NO.
520344583 WITH THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA;
AUTHORIZING EXECUTION BY THE MAYOR OF THE CITY OF
CLEARWATER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida ("City") is building ten slips at the
Downtown Boat Slips over sovereign submerged lands of the State of Florida in
Clearwater Harbor; and,
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida (TIIF) have administrative authority over such sovereign submerged
lands; and,
WHEREAS, the State of Florida Bureau of Public Land Administration of the
State Department of Environmental Protection has prepared and delivered a lease
document effective July 27, 2009 for a period of ten (10) years to the City identified as
Sovereign Submerged Lands Lease No. 520344583; and,
WHEREAS, said lease agreement has been duly considered by the City Council;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby enters into Sovereign Submerged
Lands Lease No. 520344583 with the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida for a lease through July 26, 2019.
Section 2. The Mayor of the City of Clearwater and other appropriate officials,
as applicable are authorized to execute said lease in the form attached hereto as
EXHIBIT "A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 3rd day of December , 2009.
ank V. Hibbard
Mayor
to form: 5 °F A
Laura Mahony fr
Assistant City Attorney
A st:
A u - A- -'L,"
Cynt . Goudeau
City Irk
Resolution No. 09-49
This Instrument Prepared By:
Recurring Revenue Section
Bureau of Public Land Adminispvtion
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL »dpROVEbmgT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
No. =344583
PA No. aagz 15938-002
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNBSSETH: That for and in consideration of the fitithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to hereinafter referred
to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section _ ,
Township 29 South Range l?L in QMMMWJhdgL
Pinellas County, containing 39,801 square feet, more or less,
as is more particularly described and shown on
Attachment A, dated Apri1 14. 2009.
TO HAVE THE USE OF the hereinabove described premises for a period of 10 yeara from hdy 27- 2009- the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
1. M OF • The Lessee is hereby authorized to construct and operate a 0-
exclusively to be used for
in conjunction with an upland Ana, without fueling facilities, nth a sewage pumpout
facility if it meets the regulatory requirements ofthe State of Florida Department of Environmental protection or State of
Florida Departmetrt of Healtl4 which ever agency has jurisdiction, and md= liveaboards as defined in paragraph 24, as
shown and conditioned in Attachment A, and the State of Florida Department Of Environmental Protection, Consolidated
Resource Permit No. 2=600--= dated 7uly 2Z 2009= incorporated herein and made a part of this lease by wftence. The
construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5
Years of the initial term if the initial berm is for a period greater that 5 years. The fitilure to complete the construction of all
authorized struchues within this time period shall constitute a material broach of the lease causing the lease to automatically
terminate upon the expiration of the initial term or first 5 yeas, whichever is sooner, without any right of renewal. All of the
foregoing subject to the remaining conditions ofthis lease.
[ 02-291
- l
2. • This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection,
Consolidated Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet
slips to contractual agreement with third party for docking of cruise ships, firom rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, ftom loading/offloading commercial to rental of wet slips, etc,), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease,the payment of
additional fees, if applicable. If at any time during the lease term this lease no longer satisfies the requirements of
subparagraph 18-21.011 (1 Xb)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an
annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures
which may no longer qualify for authorization under this lease.
3. EXAMINATION OF LESSEE'S RE?C?RDS: The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books,
records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph two (2) above.
4. MA E RD : The Lessee shall maintain separate accounting records for.
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the tern of this lease and any renewals plus three (3) additional years.
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said lend,
or the use thereof, may be purchased, sold, or re-sold.
6. 1NTEREST IN RIPARIAN UPLAND3RQPEM: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or trartsferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such M.
7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
8. INDEMNIFICATION/INVESTIGATION OF AL4?CI,AIM& The Lessee shall investigate all claims of every
nature at its expense. Each parry is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any parry hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
9. VHF E: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation
between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
Page ? of _U_ Pages
Sovereignty Submerged Lands Lease No. 5203445$
10, NOTICES/COMPLIANCgaE&y_IINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Clearwater, Florida
25 Causeway Blvd
Clearwater, P133767
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
12. G L E TIONS; The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13, MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. NQN-D_iS?IM1NAT10N: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard famished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
15. F V Q MENTQFP_RQV1SIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16. PERMISSION GRANM: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
17. RENEWAL PROVISIONS: Renewal of this lease shall beat the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at
that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment --B. which shall run
with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
Page _3_ of_3 Pages
Sovereignty Submerged Lands Lease No. 52034458
18. VWQVAL OF STRUCTURES/ADMQfl§TRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
19. REMOVAL N RIPARIAN UPLAND TY: Any costs incurred by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the Interest of the Lessee In the riparian upland property enforceable in summary
proceedings as provided by law.
20. RECORDATION OF LEASE; The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
21. RIPARIAN RIGHTS/FINAL ADJUDIQATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
22. AMENDMENTS/MODIFICATIO Vj 5_ This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
23. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTI_VITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
24. ACOE AUTHORIZATIQN: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
Page 4 of 13 Pages
Sovereignty Submerged Lands Lease No. 520344,583
26, LMMOARDS: The term "liveaboard• is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total often (10) days within s thirty (30) day period ffliveaboards are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof; Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruiaw to nowhere," where
the ships leave and return to the state of Florida without as intervening stop within another state or foreign country or waters
within the jurisdiction of another awe or foreign country, and any watercraft used to carry passengers to and ffom such
gambling cruise ships.
28. SPECIAL LEASE CONDITIONS:
A. Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified
financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State
Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallabassee, FL 32399. "Income" is
defined in subsection 18-21.003(28). Florida Administrative Code. The submitted financial records shall be certified by a
certified public accountant.
B. A minimum of ninety percent (90'/0) of the wet slips at the docking facility shall be trade available for rent to the
general public on a "first come, first served" basis, as defined in subsection 18-21.003(251 Florida Administrative Code, with
no longer than one-year rental terms and with no automaue renewal rights or conditions. To help ensure compliance with and
to assist in providing public awareness of this requirement, the Lessee shall area permanent signs at the waterward entranoe to
the docking facility and at the upland entrance to the docking facility which are clearly visible to passing boaters and the
general public. The signs shall contain language clearly indicating that no less then ninety percent (90%) of the wet slips at the
docking facility are available for teat to the general public. Any dockage me sheet publications and dockage advertising for
the docking Ocility shall clearly state that no less than ninety petreet (90%) of the wet slips at the docking facility are open to
POP-5-of 15 Pages
Sovereignty Submerged Lands Lease No. 520344583
WITNESSES:
Original Signature
Print/Type Name of Witness
Original Signature
PrinVType Name of Witness
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY:
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
Envbmnmental Protection, as agent for and on behalf of the Board
of Trustees of the Intemal Improvement Trust Fund of the State
of Florida
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of 20_, by
JcffM M, en QRgUtions and Manne-mgnt Qnsultant MjmM Bu =-u of Public J&nd i AdMipiMgion. Division of State
Lands State of FI ant of Environmental Pm=121 p§ en f 9r and on behalf of the of Tru
Intgmal Improvement Trust Fund of the_of Florida He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
SEE ATTACHED SIGNATURE PAGE
WITNESSES:
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial
cry of CI tor_ FI 'da (SEAL)
Original Signature
Typed/Printed Name of Witness
Original Signature
Typed/Printed Name of Witness
STATE OF
COUNTY OF
BY:
Original Signature of Executing Authority
Frank V. Hibbard
Typed/Primed Name of Executing Authority
Mavor
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this day of _ _. 20_,_.v,., by
Funk V. Hibbard as M®vor. for and on behalf of the Chy of Clang= . He is personally known to me or who has
produced
as identification.
My Commission Expires:
Commission/Serial No.
Page -L ofd Pages
Sovereignty Submerged Land Lease No. 5203445$3
Signature of Notary Public
Notary Public, State of
Printed, Typed or Stamped Name
Resolution No. 04-49
Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida
Sovereignty Submerged Lands Fee Waived Lease
No. 520344583
Countersigned:
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II
City Manager
Appr ed as to form:
vl?
ura Mahony
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
Cynthia E. Goudeau
City Clerk
The foregoing instrument was acknowledged before me this day of
, 20_, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
personally known to me.
Print/Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 20^, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
Print/Type Name:
Notary Public
Page 6b of 13 Pages
Sovereignty Submerged Land Lease No. 520344583
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/type Name of Witness Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State lands, State of Florida Department of
Original Signature Environmental Protection, as agent for and on behalf of the Board
of Trustees of the Internal Improvement Trust Fund of the State
of Florida
Print/Type Name of Witness
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of. 20? by
Jeffery M. Gemry Operations M=gmjW = Consul tant ManNjLBu=u_ofPublic LandAdmiriMigo. Qivkis!n Qf?tate
Lands. State of Florida Qm@9me-n- dZnvaanmenW P rotection. as agents and on behalf gMq8opr? of Tru;gst s of the
Internal Improvement of the rate of Flori He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
SEE ATTACHED SIGNATURE PAGE
WITNESSES: City of Clearwater. Florida MAL )
BY:
Original Signature Original Signature of Executing Authority
Frank V. Hibbard „
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Mayor
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF_
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_, by
Frank V. Hibbard as Maw for and on behalf of the Ci of Cl . He is personally known to me or who has
produced
as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State of
CommissiondSerial No. Printed, Typed or Stamped Name
Page 6 of 13 Pages
Sovereignty Submerged Land Lease No. 520 34!15$3
SPECIFIC PURPOSE SURVEY
SUBMERGED LAND LEASE DESCRIPTION
A parcel of submerged land in State Sovereign Lands of Clearwater Harbor, lying and
being In Section 16, Township 29 South, Range 15 East, Pinellas County, Florida.
Commence at a FLDT Monument "HARRIS K located at the Southeast comer of the
junction of U.S. Alt 19 and S.R. 590, in the City of Clearwater, thence S.81'42'42"W.,
1263.94 feet to a point on the Southerly line of Deed No. 17,500. Tract 18. Said point
also being on the face of seawall and the Mean High Water Line; thence along sold
Southerly line of Deed No. 17.500, Tract 18 N.89'14'27"W.. 56.43 feet to a point on
the Westerly line of Deed No. 140230 and the Point of Beginning; thence along said
Westerly line of Deed No. 140230, S.20'27'55"W., 139.93 feet to a point on the North
Right of Way Line of Memorial Causeway; thence along said North Right of Way Line of
Memorial Causeway N.63'23'56'W., 259.10 feet; thence leaving said Right of Way Line
N.28'51'24'E.. 192.32 feet; thence N.05'00'23'E., 37.68 feet; thence S.84'42'58'E.,
116.06 feet to a point on the Westerly line of sold Deed No. 17,500, Tract 18; thence
along said Westerly line of sold Deed No. 17,500, Tract 18 S.29'00'12"W., 186.58 feet;
thence continue along sold Westerly line, of sold Dead No. 17,500, Tract 18
S.07'00'00-W., 15.00 feet; thence along the Southerly line of said Deed No. 17.500,
Tract 18 S.89'1427E., 161.23 feet to the Point of Beginning.
Containing 39.601 square feet or 0.914 acres more or less.
NOTES:
1. This Is not a Boundary Survey.
LEGEND:
EL. Elevation
FLDT Florida Department of Transportation
PSM Profeselonal Surveyor and Mapper
R/W Right of Way
Sq. Ft. Square Feet
2. The face of seawall as shown hereon represents the
approximate Mean High Water Una.
3. Lease Area contains 39,471 square feet or 0.906 acres
more or less.
4. Site has approximately 0 feet of linear shoreline.
5. Basis of Bearing is Grid North.
6. Elevations refer to the North American Vertical Datum
of 1988. Benchmark: City of Clearwater Bench Mark
"F-05'. Elevation= 6.5075 feet NAVO 88.
7. State Plane coordinates shown hereon are based on
NAD 83 (North American Datum of 1983). Point of
Beginning coordinates based on sub meter GPS and
scaled from drawing.
8. As per field inspection the approximate
Mean High Water Line appears to be at the
seaward face of the existing seawall. The
approximate Mean High Water Line as shown
on this map Is not a tidal property boundary
and was not located In accordance with
procedures specified in the 'Florida Coastal
Mapping Act of 1974". Chapter 177. Part II
of the Florida Statutes and the 'Rules of
the Department of Environmental Protection".
Chapter 18-3 of the Florida Administrative
Code.
9. Shoreline 1000 linear feet North of subject
property consists of 97% seawall and 3%
sandy shoreline. Shoreline 1000 linear feet
South of subject property consists of 100%
seawall. Scattered seagrosses exist throughout.
10. Location of Deeds 17.495. 17.496-A. 17.500.
17,500-A and 140230 as shown hereon provided
by the City of Clearwater.
CERTIFIED TO: SUBMERGED LAND LEASE
Board of Trustees (MIF) CL?ARWATER BAYMINT MARINA
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Attachment A
P
age 8 of 13 Pages
SSLL No. 520344583
N
y
vJ 4 N01e DWi NCE'FROM RIPARIAN
N? vE6T ASE ANgq{1m FROM 16
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Tract 14 V
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CERTIFIED TO. SUM
Bo,eud of Tr4stem (TIIF)
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NDTE:' SEE SHEET NO. 1 FOR'
MNATURE AND SEAL.
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MEAN HIGH J
WATER UNE
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GROUND
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LINE TABLE
LINE LENGTH BEARING
L 56.43 N8914'27'W
L2 37.68' 1 140570013"E]
L3 15.00' 1 50700'00
s
EASE MOM
'ADD RIR AN' Q
I C
?'
George F. Young, Inc.
lad gt NARIN MIR4R A,S1N?"T. M. 5L RfIROA,aTlq,1 SHEET NO.
E?I?'t?pxp-Aea FAS ?j
FNTR'/ 1Y91
"A 2 OF
AVIN 311
r
x.32 1 x1612071
J QUIT CLALM M-MI)
r
THIS INDENTURE made this day of y A. D. 1962,
between SALINE HOFFPAUfR. unmarried, of the County of Pinallss and
State of Florida, party of the first part, and CITY OF CLEARWA-I-Vlt,
4m FLORIDA, a municipal corpuratiun, whose mailing address is 1'O flux
1348. Clearwater, Pinellas County. Florlda, party of the second part,
r^ My
r'.. WITNI:SSC'YH:
N s?
That the said party of Ilia first part, for and in consideration of
LP G L
a the sum of One Dollar and other valuable consideration, in hand paid by
the said party of the second part. the receipt whereof in hereby dclmow-
lodged. 1ias remised, relaasad and quitclaimed, and by these pras.•uts d..ea
rernise, release and quilclaiul unto We said party of the second part all
the right, title, interest claim And demand wLlcb the said party of Ow lira(
part has in and to Lite following ale5crlLud parcel of land, situate lying and
being in the County of Pinellas. Stale of Florida, to wit.
Beginning at the NW corner of Lot 2 of Sefford's
and.Smoyer's Subdivision of Clearwater. Florida;
thence West 500 feet to the East edge of the channel
of Clearwater Bay; thence Suuthwosterly along the
East edge of said channel to a puinl S00 feel West
of the Southwest Corner of Lot 2; thence Bast 500
feet to the high water mark on the East shore of
Claarwatar Hay at the Southwest Corner of Lot Z.
thence Northeastarly along said high water mark to
the Northwest corner of said Lot 2, the point of
beginning first above described. Containing I.0
acre, more or lees, and lying and being In Section
16. Township 29 South, Range 15 East, Pinallas
County. State of rlorida.
The purpose and intent of this ronveyanee is to
clarify and correct the description of certain sub-
merged lands included in the description of the
property previously conveyed by the Grantor to the
City of Clearwater, r1orida, by Warranty Dood
dated March 30, 1962, wbich was rortorded an
April 4. 1962, in OR Book 1796, page 575 of the
Public Records of Pinellas County, Florida.
? F STATE FL GRID'
x° n
atYllit
= x020
r mrpivaltts
P.&Itnrtt
-1-
Attachment A/ $
Page 10 of 13 Pages
SELL No. 520344583
9.k.1427 rhu282
This conveyance shall not affect the lien or validity
Of that certain Mortgage from the City of Clearwater,
Florida, ae Mortgagor to Saline Hoffpauir, as
Mortgagee. dated March 10, 1962, and recorded
in the Public Records of Pinellas County, Florida,
which Mortgage enculnbers the above described
property together with certain additional described
property.
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances thoreuntu beltntging or in anywise apperwiuiag, and all.
the estate, right, title, interest and claim whatsoever of the said party of
the first part, either in law or uquity, 10 the Only proper use, benefit and
behoof of the said party of the second part.
IN WITNESS WIJEREOF, the said party of the first part has here-
unto set her hand and seal the day and year first above writtcu,
Signed. Sealed and Dulivered in
our Preseneai
ddLL?,SEAL)
STATE OF FLORIDA 1
COUNTY OF' PINELLAS )
I HEREBY CERTIFY, that on this day personally appeared before
Mee, an officer duly autborisad to administer oaths and take acknowledgments,
SALINE HOFFPAUIR, unmarried, to me well known to be the person described
in and who executed the foregoing Instrument and she acknowledged before me
that she executed the game freely and voluntarily for the purposes therein
expressed.
WITNESS my hand and of/iaial seal at Clearwater, County of Pinellas,
and State of Florida, this tr day of X , A. D. 1962.
Q o y Pathlic
My Commisslon Expires: N
rt ; Nr-ty Put Strata of Flnrl.'.n t •s
11 to LA ammndon gp,rrg F9?. ?. I tg3
%
she CTAII I..
i
S .a. n b 13
yet FFe ?n,?'?,n•'•?
-a-
Attachment W S
Page 11 of 13 Pages
SSLL No. 520344583
dh uo 10ndurt - .. "" `W,683 Ix
,r-v -r.mr- -. HYri. ga. M•+. ew. 1 .r....a. ?.
.•?r-w a?+vN?w.•w+.+...wwaw...pa..--w.
?.p ..??.wr W r-+,. +M ti .fw, ?r wr-Y Nr w y . , F?rrr .MY ..rijr
.L /r.rr •. W,Jr.?,.,+,••+•r.+.•H.r,.-eth J,w...gr, Ire.. Lw•,b.rfV?-•
,•1.. s
-Atade this 7 rl day rrj Ortoh^r 9. !J. 1.9 65
B(AI4'(.Cll A1,Fft1".D P. MARSHALL and Jl SSM r, MAFL411ALL, his wife,
of the (`01inty of
Pinellas rend Starr of Florida party of the first p.vrt,
and
CITY OF' CLVARWAT>-ft, FLORIDA, a Flc+rida m.tnil.ip.tl rnrl,t.ratinn.
nj the Couplet/ of
Pinellas acid Male. rrj Florida par•ttl of th•t vewnd• part,
w1lI)CSSM11, that the said. Park of the first paxt, for and in consideration of
thesu.mOf One anti nn/100-------------------------------------------Dollars,
iti. hand paid by Me said per•r•t y of M.r srconrl 1w.rf, Vic rerril.d u.h-errof is krrrhy rick:rlote-l-
ed del, has reAi.srri, relrosrrl and quilelainted., and by thesr prrarighor rients rrnt•ise,
re se and qu.i1cla.t:nt u.nea (hr said party of thr+second ]Hirt all lire ri.krht, li.tle., inherPSt
claim and darnnnri which. the said lrarty of l/te first part )tax in and to the follo)ut)r.g
described lot , piers nr 1Nerrrl of la.nrt, situate lyirt jt and brirtft pit tlrr Gn11,11ty of
Pinellas .Stat-r of Florida, to r+'i•l:
Any and all lanel4, whither uplands or sabm%?rped lands. z
lying and ext.nrt.ltng West of the West boundary lint, of
Lot "B" of SUUR-iET COURT SUBDIV1510N, accnidmg pA
l:egr>
to map or plat thereof, recorded in Plat Book 71.
carp",
Pul,hr Rernrlls of Pinellas County, Florida.
74 -- -,j
,
' J ?
Gr
r
STATE -FLORIDA 5
nOCUh4EhlTA w T01P TA): r
NOV-1'65 ,syrT -
?03p=
?` a rr:nrctc=?' _
P9 tear,e Ci _
To Have and In Bald the same, topther with. all ared sinlyd r the
appl4r•tenances tlixt-ru.n.tn hoilnnff?ng or in anywise cipl.wrtnini.n?, and 01.1 th.0 rstatr.,
righ,tt title, interest and r.la.im whatsoever of the said. hart// of lhr tars/. pest, either i1r.
la.w or squity, to the only proper use, benefl.t and belwof of the ser.td )pasty of thr. second.
Part,
In W1LfIess licirr-of, the said party of the fe.r•st 7H1 a•t has herr.urrto set h.is
lwvtd and seal Via day and year first above tor%ttan.
SiLro Caled Jong] r elii in Oar PreMence: ?• t,
Alfred P.J *Marshall
S i _ ?'.
jifLsir C. I,iarsl,all
Sude of Florida.
f:nnnt311of PINELLAs
1 E1tEBY t ',wri Y, That on this day personally appeared before one, an. ajr.cer
duly arr.t.horized Co admini.xter oot.hs and take aeknowle eriiwtts.
Alfred P. Marshall AIM Jr.ssie C. Marshall, hix wife..
R 4- tell krulurn. to be the. persons drsrrihrd in and u?h.n rrrrtrlyd the jorg;ksoin¢
in3tr4»tent and they aek.nowled#ed be/aro nt.a that they
execaNd .the same freely and uulecntarily for the purpmrs fl,r,rrin oxpressrd.
?; n '` X17 TS5 my hand nerd art.ci.al seal at Clearwater
(7nunt7/.9f? Pinellas nrid Stole: of Florida. Ibis .22 :day r?j: Qctnhr.r .4. 1). 1965
r r t :'" '4 1 ataxy ublir
Aotary^ttbhe, state of rbt•da at to
„lift Colil7ll ix.v on ?ftt•ItifiBn•?!-ar+ 1.4r r9•F,yr. V, 11J
r- i.... p, r ............. Pt it
Attachment A B
Page 12 of 13 Pages
SSLL No. 520344583
rww nu. .try. QUIT L•l.pai 111:1:x. 847.932.V ?' 1„ r?Ir' 1. r. r1.ru M_rM+r.•. N.?ad rr.. M
J
11'4 ••n ... ? wN•
.!; N ./.,? 1 yH J ww?•?ur 1.rr•~rr. r ?wr ?.?l?w ? ?..... ? ? .?.?..,r... . ? i _...
.Uede chic r4 ? Jay of ..•!. U. 19 61,
UC1?P1'd•It IrKAW-B M. HANCOCK, also klInvlt as FAANUFI; lANIA
HANCOCK, ;joined by her husband, CLYOIi H.•tNCOCK,
ref Ow 04fitnty of
filed 01(ue01030e land 61lieeof h'lurida porreya/'the seirxltrrerl,
CITY Of' CLEAH;IATU, a municipal corpor•utiun,
I'lnel las werlStrt(e of Florida of the
pwly of llee.r.tr•ropularlitty to/
Intel,
G@D d'v:::R'? le Met the yetiel. /nrrly u llu• lira/ bolt, ator .leerf ire ron..frlrnoliurr a/'
that xr w tol' O:it; DkLAt and other valuable consideration---------4o4treNe
in hrrrrJ put.lhylhrxrri.l /lit )-ellof thr.xrrrurll pttr•l, thrrrfrild rr/rrr.ul'i..horehyankrrutr•t•
eel," ft. !erne 'rrvotr:.nl, rell•.txrd eNtrl yrrilydrrimr•.l, stool/ ho/ .111%ve prr•er•utx rlhr.•x Irrrrixr,
rel.vaeo mere/ quell haul rrlrlo due x rlirl /tart// of the.aer.norl part .ell the si;'lot, iille, Ill/r'rrwl
Is I ll.l ot, r/ rl ••IN rt rI,/ lr'hich the moid /rte ely i/' hell /10 .I p'II It Is na is, le rrl/ Ito Ilse flll/re ri era I
rloaacr•ihml lit orneve or /a rvel all' lulu!, xjlrlobr lyrug urrd h. ilea! OR Ihee (•'uaalty ul
111nell.ls Slade of 6401-idrl, It, wit
Tract Ili. Ilegin at a point 50 feet South and .118 feet
desl? t the intersection of the center line of drew Street
and the desc line of Osceola 5treot; thence West 600 feet m r.
to the Last edge of the channel of Cloarwacer Itay; thence;
South 29 dagrees 301 Nest, 193.4 feet; thence youth 70 ,a
Yesc 15 feet; thence Lash 600 feat; thence North 70 least
15 feet; thence North 29 301 Last 193.4 feet to the point as u. ;
of bcgiuniny first above described; containing 2.52 acres, % r
more or less, and lying and being in Tuwnship 29 South, v
Range 15 Bast, City of Clearwcter, County of Pinellas,
[c Of Flori.la.
O"!
Y?
t'.
..a
Til 11-111-t' 11141 10 1101d 0149 xUrlyd, heather with all ruul xirrgrtlar• 0111
u{r/Nalevuu:_'.•.% lheirlNttu help 0irr;+' Iw Ar rNlJo•i.du a/.prrdrrruerr?r', curl fill flu "Allele,
I'I?/ ail lr•, rN..v'rxf null clu Gar whu.i.vor ver u/' the moil/ poehl r./' the f/roel purl. rilleveiu
letup a' tvptt I. fu IJu• truly prilx'r• rrae, benI-lit 0.1 list bellir.f of UIr hit ill t ota t y of the xrewlel
fat
In pi?/ 1!k'tiH 0?t`lf 1'Ctlh den xairl purty of //rte /real par! /r.r,• hrrelcrrhr lr•t him
Anatol tutel x fit the shop luail yeetr•/lest uLuor• rrritlrn.
Signed, ScalIrd :will I?eh(..roA its 11reocuar, I.f;
ca ues !?I. IIIa.?n?coc
(f/ JClydE llancucf?k?
5 '
1
Attachment 19 R
Page 13 of 13 Pages
SSLL No. 520344583