RECREATION EASEMENT AGREEMENT
KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2004414043 10/2112004 at 10:58 AM
OFF REC BK: 13897 PG: 2686-2690
___ DocT~_pe:EAS_~~_______-
RECREATION EASEMENT AGREEMENT
'il'\ Q I .
THIS EASEMENT AGREEMENT made thi~ day of r 1v W 2~ by and
between PINELLAS COUNTY, FLORIDA, a political subdivision ofthe State of Florida, party of
the first part, (hereinafter referred to as "GRANTOR"), and the CITY OF CLEARWATER,
FLORIDA, party of the second part, (hereinafter referred to as "GRANTEE").
WITNESSETH:
THAT THE GRANTOR, for and in consideration of One and 00/100 Dollars ($1.00), and
other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant and convey to GRANTEE, a perpetual exclusive Recreation Easement on that certain property
which is owned by GRANTOR located in Pinellas County, State of Florida, to wit:
Lands described in legal description attached hereto and being more particularly
described in Exhibit "A"(hereinafter referred to as "Easement Premises")
The Grantor and Grantee mutually agree to the following provisions:
1. The Easement Premises will be used by the Grantee for recreational purposes as part of a city
park to be named hereafter;
2. A Conservation Easement granted to the State of Florida by Pinellas County, dated
December 10, 1990, encumbers the Easement Premises.
3. The Easement Premises will be improved with a mulched path and an observation deck;
4. GRANTEE will provide general maintenance ofthe Easement Premises and protection and
maintenance of any Indian Middens on the Easement Premises;
5. GRANTEE will provide full access to all GRANTOR staff and maintenance vehicles;
6. The Easement Premises will be policed in accordance with standard policing procedures to
the extent permitted by law.
7. GRANTEE, to the extent permitted by applicable law, will protect, defend, indemnify, save
and hold harmless GRANTOR against and from any and all claims, demands, fines, suits,
sections, proceedings, orders, decrees and judgments of any kind or nature by or in favor of,
anyone whomsoever, and against and from any and all costs, damages and expenses,
including attorney's fees, resulting from, or in connection with, loss of life, bodily or
personal injury or property damages arising, directly or indirectly, out of or from
GRANTEE's use and occupancy of the Easement Premises, or GRANTEE's employees,
agents, contractors or invitees use and occupancy of the Easement Premises; however,
nothing contained herein shall be construed to waive or modify the provisions of Florida
Statute 768.28 or the doctrine of sovereign immunity as to any party hereto;
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8. Ifthe GRANTEE, at any time, abandons or terminates this Easement, for any reason, which
results in the easement not being a part of a city park to be named hereafter; the Easement
Premises shall revert to GRANTOR and all rights and obligations of the parties hereunder
shall immediately terminate.
9. Should the Grantee charge an admission fee to the City park, the Grantee will extend the
same rate of admission to both City and Non-City residents.
TO HAVE AND TO HOLD, the same unto said GRANTEE, its successors and assigns forever.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner ofthe fee simple title to
the premises in which the above-described Easement Premises is located, (b) that GRANTEE will
have quiet and peaceful possession, use and enjoyment of this easement.
IN WITNESS WHEREOF, GRANTOR and GRANTEE have hereunder set their hand and seal on
the date shown.
WITNESSES:
GRANTOR:
PINELLAS COUNTY, FLORIDA,
a political subdivision of the State of Florida
By:~
Stephen M. Sllran .
County Administrator
---
o
Stephen M. Spratt, County Administrator, personally LY~WCknOWledged the
foregoing instrument before me this t- \Lh day of '. t, , 2004.
,...1t'A~'f~~ Nancy lleen Rose
{:{'J;.,:,!*~ MY COMMISSION # 00101912 EXPIRES
;';;'~'~f March 26, 2006
--.';f,iif.,fo,lf..:' (~Af,'OY FAIN INSURANC~ INC
Not . ubli<i, \St, ate of Florida () r, .
Print Name:~.a.A/~ \ ~, ~J-c:-
,
OR Produced Identification
Personally Known To Me (<J
Type of Identification Produced:
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Countersigned:
Brian J. Aungst
Mayor
By:
GRANTEE:
CITY OF CLEARWATER, FLORIDA
~ ..~. 'l4.--::zr
William B. Horne II
City Manager
Approved as to form:
La/:::::.ki
Assistant City Attorney
AII;.s!: .1J.
~~S. . _4>_.0.
ynthia E. ~~deau '
City Clerk
William B. Horne II, City Manager
\9y!IIIiliI'E'!'~~r' per nally know
instrumenJ before me this day of
~ Denise A.
f ,~ Commission # 00296233
~ vJ Expires June 18, 2008
~ OF # Bonded Troy Fain. \naU'8I1C8, Inc. 8QO.385.7019
(SEAL)
to me, acknowledged the foregoing
) ,2004.
~ilt!~aL)J~
. -otaryPu~Stateo(Fl1tdaL) "l ~
Print Name: e.l) ISf) . (SO)...)
Personally Known To Me V
Type of Identification Produced:
OR Produced Identification
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
By: {;{~~ )LudL;
Sr.'Asst. CoUnty Attorney
FDocuments\Real Estate Division\RED Staff Projects\Nancy\200 1-1013 HISTORIC BA YVIEW\Recreational-Easement-06-04.doc
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PINELLAS COUNTY PUBLIC WORKS
DIVISION OF SURVEY AND MAPPING
22211 U.S. HIGHWAY 19 N.
CLEARWATER, FLORIDA 33765-2347
DESCRIPTION
Pinellast
(~,~
SECTION(S)
16, TOWNSHIP 29 SOUTH, RANGE 16 EAST
Additions or deletions by other thon the Professionol Land Surveyor in responsible charge is prohibited.
Land Description is involid without signoture and/or embossed seal of the Professional Lond Surveyor
An irregular shaped parcel, being a portion of that certain tract, as described in O.R. 6688,
Pages 1678-1679, Parcel 2, public records of Pinellas County, Florida, the same being a
portion of TRACT B, MYRON A. SMITH'S BAY VIEW SUBDIVISION, according to plat thereof, as
recorded in Plat Book 25, Page 57, public records of Pinellas County, lying within Government
Lot 1, Fractional Section 16, Township 29 South, Range 16 East, Pinellas County, being
described as follows:
Commencing at the West 1/4 Corner of said Fractional Section 16, run S 89'27'56"E
along the East-West Centerline thereof, for a distance of 1379.40 feet;
thence S 00'08'20"E, for a distance of 50.00 feet to a Point of Intersection with
the South right-of-way line of State Road No. 60(Gulf-to-Bay Blvd.) and the East
right-of-way line of County Road No. 31(Bayview Avenue); thence along the
right-of -way for County Road No. 31 the following three (3) courses:
(1)S 00'08'20"E, for a distance of 29.75 feet to a Point of Curvature;
(2)thence southwesterly, 253.89 feet along the arc of a curve, concave northwest,
having a radius of 215.11 feet, through a central angle of 67'37'25", a chord bearing
S 33'40'22"W, 239.40 feet to a Point of Tangency; (3) thence S 67'29'05"W, for a
distance of 238.80 feet; thence S 22' 30'55"E, for a distance of 1 ,00 foot;
thence S 67'29'05"W along a line being one(1) foot south of and parallel with the
Southerly right-of-way line of County Road No. 31, a portion of said County Road
No. 31, being vacated per O.R. 9762, Page 1872, public records of Pinellas County,
for a distance of 202.90 feet, for a POINT OF BEGINNING; thence S 21'06'48"E along
a line being fifty(50) feet easterly of and parallel with the West line of said tract,
as described in O.R. 6688, Pages 1678-1679, Parcel 2, for a distance of 465.51 feet;
thence N 51'17' 43"E, for a distance of 170.07 feet to a point being thirty(30) feet
westerly of the West right-of-way line of the Bayside Bridge, as described in
O.R. 7480, Pages 575-649, public records of Pinellas County; thence S 11'33'32"E
along a line being thirty(30) feet westerly of and parallel with said West right-of-way
line of the Bayside Bridge, for a distance of 112.38 feet to the Mean High Water Line
of Tampa Bay; thence S 51'17'43"W along said Mean High Water Line, for a distance of
202.95 feet; thence N 21'06'48"W, for a distance of 585.04 feet to the most Westerly
corner of aforesaid tract, as described in O.R. 6688, Pages 1678-1679, Parcel 2;
thence N 67'29'05"E along the Northerly boundary thereof, for a distance of 50.00 feet
to the POINT OF BEGINNING.
CONTAINING: 42,615 square feet or 0.978 acres more or less.
BASIS OF BEARINGS: Bearings are assumed, based on the East -West Centerline o~- Frattiona~
Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, being S 89:27'5~"E.
CALCULATED BY:
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CHECKED BY:
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The obove Sketch ond/or Lond description wos prepored under my supervision ond is true ond
c ect to the best of my knowledge ond belief.
By: Pinellos Cou y Public Wor
()3!o9~'I
S.F.N.:
1247
EXHIBIT .A-
SHEET 1 OF 2
5993
SEAL
Parcel No.: P002
:!
PINELLAS COUNTY PUBLIC WORKS
DIVISION OF SURVEY AND MAPPING
22211 U.S, HIGHWAY 19 N.
CLEARWATER, FLORIDA 33765-2347 t
Add~~~~~~~~i~!s by oth~r6t~onT~~~~~s~~}L~nd ~~rv~~~i~ ~~~:b~ c~o~ge ~~;~hibited. Pj"oeulntlasy
Land Description is invalid without signature and/or embossed seal of the Professional Land Surveyor \.J
SKETCH - - NOT A SURVEY PUBLIC WORKS
CURVE
C1
LINE
L1
L2
L.3
L4
LS
L6
L7
LENGTH RADIUS
253.89' 215.11'
LINE TABLE
LENGTH
50.00'
29,75'
238.80'
1.00'
202.90'
112.38'
50.00'
CURVE TABLE
DELTA
67' 37'25"
H
LENGTH
239.40'
H
BEARING
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BEARING
SOO'08'20"E
SOO'08'20"E
S67"29'OS''w
S22'30'SS"E
S67"29'OS''w
S11'33'32"E
N67.29'05"E
MOST WESTERLY
CORNER OF
OR. 6688,
PGS. 1678-1679
(PARCEL 2)
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DETAIL "A" BELOW
O.R,12072
PC. 1538'
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----.. ___~~~'" '-, -. .. (PARCEL~) -1 \ C' -P jl ~ ~
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0". BRIOGE. -' '\ 0'..),-;.' MYRON A. SMITH'S BAY \ 0;
c_ B~ '(31 _~--- 0' O!
"t. -' "6<:> "'" VIEW SUBDIVISION
,....-"'" \ -"'. PLAT BOOK 25, PG. 57 C1 ~~;7Kl" ..I
TRACT B
\ ____..-:. L 1 50'
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, "POINT OF
COMMENCEMENT
W1/4 CORNER OF
SEC 16-29-16
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SCALE IN FEET
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200
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C.R.
O.R.
PG.
POB
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SEC
SR
-LEGEND-
CENTERLINE
COUNTY ROAD
OFFICIAL RECORD
PAGE
POINT OF BEGINNING
RIGHT-OF-WAY
SECTION
STATE ROAD
EXHIBIT
SHEET 2 OF 2
Parcel No.: P002