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PINELLAS COUNTY (7)Return to: Real Property Division Manager Pinellas County Real Estate Management Department 509 East Avenue Clearwater, FL 33756 PERPETUAL INGRESS AND EGRESS EASEMENT WITNESSETH, that in consideration of the mutual covenants contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by the parties hereto, the CITY OF CLEARWATER, FLORIDA, a municipality located in Pinellas County, Florida ("City" or "Grantor"), does hereby grant, bargain, release and convey unto PINELLAS COUNTY, a political subdivision of the State of Florida ("County"), a perpetual easement and right-of-way in, on, over and across the land described below for the sole purpose of use by the County, its representatives, agents, and contractors as an ingress and egress as may be required from time to time in undertaking and completing funded Pinellas County Beach Erosion Control Projects (hereafter, "Beach Renourishment") for the preservation and protection of the public beaches of Sand Key and Clearwater Beach, being always compliant with Chapter 161, Florida Statutes ("Beach and Shore Restoration AcY'), as amended from time to time; reserving, however, to the City, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the easement granted hereby; subject however, to existing easements for public roads and highways, public utilities, railroads and pipelines, and any other easements of record in, on, over and across the following described property, to wit: . Access to jetty along the northern property limits of Sand Key Park and along the south side of Clearwater Channel more particularly described in EXHIBIT "A" attached hereto. In each and every instance authority for the County to take possession of the above described lands shall commence upon the first date on which machinery, equipment, materials, supplies, or other property is moved across the land by or on behalf of the County or their representatives, agents or contractors in the undertaking of a Renourishment Project, and shall extend to and terminate upon completion of each Renourishment Project. Prior to each effective date of authority conveyed hereby, authorized County and City representatives shall jointly physically inspect, video survey and document the then existing condition of the seawall extending within the limits of the herein described lands. Upon completion of each and every Renourishment Project the land shall be vacated and all machinery, equipment, tools, rubbish, vehicles, and other property of the County or their agents, representatives, and contractors located on the land shall be removed at no expense to the City, and the land and seawall shall be promptly restored at no cost to the City to as good as or better condition than that which existed upon commencement of each and every Renourishment Project. Page 2— Perpetual Ingress & Egress Easement Parties� City of Clearwater Florida & Pinellas Countv, Florida Except for those acts reasonably necessary to accomplish the purposes of this Easement, Grantee covenants not to do any acts or things, which it could reasonably expect to cause damage to Grantor's premises. With respect to any person not a party to this Easement, this paragraph shall not be construed as a waiver of any defense or limitation available to the Grantor or Grantee pursuant to Florida Statutes, Section 768.28 as now in effect or as may be amended from time to time. IN WITNESS WHEREOF, the said Grantor has caused this easement to be signed in its name by its proper officers thereunto duly authorized, their signatures properly attested, and its official seal to be hereunto affixed this �_ day of l� .�-�t.%2 , 2011. Countersigned: CITY OF CLEARWATER, FLORIDA � v By: ��.��.� Frank V. Hibbard, Mayor William B. Horne, II, City Manager Appr ed as to form: c� // Laura Mahony Assistant City Attorney STATE OF FLORIDA : ss COUNTY OF PINELLAS : Attest: � Rosemarie Call, City � V� �� � �`�� , ►� . h .� � ��w �. ��; .r. � �s * ` �: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this _ C���c.e� (D , Notary Public �/4r1� � / l!.('/1/I!. Print/Type Name �� day of a����rJ , 2011. My commission expires: �, ;����'•°�;: DIANE E MANNI ;��'= MY COMMISSION # DD952018 �4 � EXPIRES March 06, 2014 (40T) 398-0153 FbrldeNolaryServiee.com PINELLAS COUN7Y PUBLIC WORKS , DIVI510N OF SURVEY AND MAPPING 22211 U.S. HIGHWAY 19 N. PIneI��� CLEARWATER, FLORIDA 33765-2347 SECTION(S) 17 , TOWNSHIP 29 SOUTH, RANGE 15 EAST �0(.�nty PUDLIC WORKS DESCRIPTION A tract, lying within Area "E", os described in O.R. 3991, Poges 1093-1095, public records of Pinellas County. Florido, in Fractional Section 17, Township 29 South, Range 15 Eost, Pinellas County, ond beinq described as follows; Commencing ot the Southwest Corner of said Fractionol Section 17, run N 89'10'31 "E along the South line of said Fractionol Section 17, for a distance of 843.47 feet to a point on the centeriine of Gulf Boulevord; thence N 42'13'31"E along said centerline, for a distonce of 1983.25 feet to a Point of Curvature; thence northeasterly olong said centerline, for a distance of 825.03 feet olong the arc of a curve, concave northwesterly, through a central ongle oF 24'45'04", having a radius of 1909.86 feet, a chord bearing of N 29'S1'00"E, 818.63 feet to a Point on Curve with the centerline of the Sand Key Jetty, a radiai to said point from the preceding curve being S 72'31'33"E and from the proceeding curve being N 68'25'57"E; thence northwesterly, 698.81 feet olong the arc of o curve, being the centerline of said Jetty by a non—tangent curve, concove southwesterly, through o central ongle of 35'29'22", hoving a rodius of 1128.19 feet, a chord bearing of N 39'18�45"W, 687.69 feet to o Point of Tangency; thence continue along the soid centerline N 57'03'24'1N, for o distonce of 265.31 feet to the POINT OF BEGINNING, soid point aiso being o point on the Northwesterly line of thot cerfain ingress/egress easement in favor of Pinelias County, recorded in O.R. 14632, Poge 907, pubiic records of Pinelias County, Florida; (L1) thence along the Northwesterly line of soid ingress/egress easement, S 32'S6'36"W", for a distonce of 50.00 feet to a point being 50 feet southwesterly of the centerline of soid Jetty; thence N 57'03'24"W" olong o line being 50 feet southwesterly of and parallel with the centerline of said Jetty, for a distance o# 285.00 Feet; thence N 32'56'36"E, for a distonce of 86.00 feet to o point being 36 feet northeasterly of the centerline of said Jetty; thence S 57'03'24"E olong o line being 36 feet northeost of and parailel with the centerline of soid Jetty, for a distonce of 285.00 feet; {L2) thence olong the Northwesterly line of said ingress/egress eosemen't, S 32'56'36"W for a distance of 36.00 feet to the Point of Beginning. Containing: 24,510 squore feet or 0.563 ocres more or less. BASIS OF BEARINGS: Beorings are assumed, bosed on the South line of Fractionol Section 17, Township 29 South, Range 15 East, Pinellos County, Florido, being N 89'10'31"E. Additions or deletions by other thon the Professional Lond Surveyor in responsible chorge is prohibited. . Land Description is invalid without signature and/or embossed seoi of the Professional Lat�d` S�trvEyor •: t� JLATED BY: The above Sketch 4nd/or Land description was prepored under my supervisiori.;,�`; :�'� •,;�, `� ch and is true and correct to the best of my knowledge ond belief. ;�;,' .; .. . �=. '. �, �KED BY: By: Pinellas nty Public Works " r;�, '�ST� :�:` �� �' � LL � d � ' w �� 4r�y' �, . �.F.N.: DATE � Z ( .� .' �f� i , �: + '. LEY ZE R, PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER: �5877 � 5��� ` 1835 STATE OF� FLO A. PHONE ii (727) 464-8904 �• '� � EXHiBiT A Parcel No.:. P002 SHEET 1 OF 2 PINELLAS COUNTY PUBLIC WORKS DIVISION OF SURVEY AN'D MAPPING 22211 U.S. HIGNWAY 19 N. CLEARWATER, FLORIDA 33765-2347 SECTION(S) 17 , TO'fPNSHIP 29 SbUTH, RANGE 15 EAST SKETCH--NOT A SURVEY REMNANT QF AREA "E'� � O.R. 3991 PGS. 1493-1095 •^)°, cy �o� :'::�:'�:._ . SS�. � � :::;•::.: �:.:::::: .. 28 03• � �::::-:-:::�::;�:-:''��::::S�O 4'�c` �l'S j,� �8S `�� .p0, /� PORTION OF AREA "E" O.R. 4534, PGS. 7Q1-702 ��� SP� Q P�� LINE TABLE LINE DISTANCE BEARING N4. L1 50.00' S 32'56'36"W L2 36.00' S 32'S6'36"W LEGEND ..__.._....._.—..- - Q.R. OFFIGAL RECORD COR CORNER PGS. PA�ES SEC SECTIOhI � � POINT �-- OF BEGINNING C� ��� i'�.C� � �o 9s, s �� Ns�p � IN�RESS/EGRESS EASEMENT \6S3 2R �\\ O.R. 14fi32 PG. 907 NORTHWESTERLY '� LINE OF INGRESS/EGRESS EASEMENT ARC LENGTH = 698.81'� RADIUS = 1128.19' DELTA ANGLE = 35'29'22" CHORD BEARING = N 39'18'45"W CHORD DISTANCE = fi87.69' ARC LENGTH = 825.03' RADIUS = 1909.86' DEL7A ANGLE = 24'45'Q4" CHORD BEARING = N 29'S1'00°E CHORD DISTANCE = 8t8.63' N89'10'31 "E POINT OF COMMENCEMEN�` � � 843.47' SW COR 5EC 17-29-15 SOUTH LINE SEC 17-29-15 pCo�unt y PUBLIC WORKS SCALE IN FEET 1 "= 200' 0 200 o � c�, 4'i� ?� J� i� 4 j � 1983.25' EXHIBIT A Parcel No,: P002 SHEET 2 OF 2 SECTION(S) 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST SAND KEY' NOURISHMENT 2010 SCALE IN FEET 1"= 5Q0' EXHIHIT NQT A SURVE� PARCEL Pd02 P602_EXHfBIT.dwg DATE: 1ULY 20I1 AHQTQGRAPHY DATE:12/08 SURVEY E`ILE NQ.: 18�5 SHEET i�I QF OJ