BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2)
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Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Colleen M. Castille
Secretary
Jeb Bush
Governor
September 30, 2005
BOT File No. 520231133
Easement No. 40639
Lessee: City of Clearwater
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756
Dear Mr. Hibbard:
Enclosed is an easement instrument, which requires acceptance by your notarized signature as Mayor of the City of Clearwater (two
witnesses required). Pursuant to Chapter 695, Florida Statutes, the names ofthe person executing the instrument, the two witnesses, and the
notary public must be legibly printed or typewritten directly below that person's signature.
Please execute and return the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon
receipt and acceptance, we will transmit the easement instrument for final departmental execution. A fully executed instrument will be provided
to you for recording in the county records where the facility is located. Please note that use agreements and management agreements do not
need to be recorded.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead
address above (Mail Station No. 125) or at (850) 245-2720.
Sincerely,
tt~
Planner
American Government Services
Bureau of Public Land Administration
Division of State Lands
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This Instrument Prepared By:
Joe Duncan
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200611839703/31/2006 at 08:40 AM
OFF REC BK: 15023 PG: 1509-1517
DocType:AGM RECORDING: $78.00
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 40639
BOT FILE NO. 520231133
P A NO. 44028402.002
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to the City of Clearwater, Florida, hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereign lands, if any, contained in the following legal description:
A parcel of submerged land in Section 03,
Township 29 South, Range 15 East, in Steven Creek,
Pinellas County, as is more particularly described
and shown on Attachment A, dated April 14, 2005.
TO HAVE THE USE OF the hereinabove described premises from September 21. 2005, the effective date of this
easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for the directional drilling of a
water main for the City of Clearwater and Grantee shall not engage in any activity except as described in the Southwest Florida
Water Management District, Consolidated Environmental Resource Permit No. 44028402.002, dated September 21. 2005,
incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of
this Easement.
2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by
such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from
the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to
accrue on the date that the amended rules become effective.
3. WARRANTY OF TITLE/GUARANTEE OF SUIT ABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY p~~m INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
[ 45 ]
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6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the term of this easement.
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at anytime to inspect the works
and operations of the Grantee in any matter pertaining to this easement.
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense. Each party 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 party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
11. TERMINATION: The Grantee, by acceptance ofthis easement, 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 Grantee,
its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the
Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid
by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be
sufficient if sent by U.S. Mail to the following address:
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
12. TAXES AND ASSESSMENTS: The Grantee 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 easement which result from the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in
Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to
all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor 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 Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
Page -.L of -2.. Pages
Easement No. 40639
16. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
18. ADDITIONAL STRUCTURES OR ACTIVITIESIEMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject
the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have
satisfactory evidence of sufficient upland interest as defined in Rule 18-21.003, Florida Administrative Code, to the extent
required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this
easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty,
submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this
easement shall revert to and vest in the Grantor immediately and automatically.
Page -.L of~ Pages
Easement No. 40639
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLO IDA
(SEAL) -
Original Signat re
U~~~(~
PrintIType Name Witness
BY:
"f&i , Op at ons and anage nt Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, Department of Environmental
Protection, as agent for and on behalf of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida
1PSeiP~ t\;l- G~
"GRANTOR"
, 20fL:-< by
tate of Florida
~JAn
My Commission Expires:
KatI1Y c. Gf\lI\n ~
~~ t/f>i commiSSion i7
. ., OMobef 30, 200
\.;: "'''\J"ell
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Commission/Serial No.
)M{~nx COUNTERSIGNED: City of Clearwater. Florida (SEAL)
5~ ;( ~By,~~d.~JI
~ Signature , Original Signature of Executing Authority
Frank V. Hibbard,: Mayor
Typed/Printed Name'~:
A~.~a
',' . ' ; " ~.j/t_
Origimri S nat e '. , :
~HN~Kk Willi2m B. Horne II
Typed/Printed Name of Executing Authority
'Il a E. Goudeau. Gity Clerk
Typed/PrintedName ~
STATEOF hOLI DA
COUNTY OF h IV' E. L LoA .5
The foregoing instrument was acknowledged before me this /? , day of ~AJ , 20{JS~y
Frank Hibbard as Mayor, for and on behalf of the Citv of Clearwater. Florida. He is personally known to me or who has
produced , as identification.
~~ City Manager
Title Of~ Aothority
APPRO ' ;ro FORM BY:
Laura/Lipowski "GRANTEE"
Assj!.CitY Attorney
Page ..A- of.JL. Pages
Easement No. 40639
o~'" Denise A. Wilson
:' c; COf'llmission # 00296233
\A.. ~ Expires June 18, 2008
'If OF '" Bonded Troy Fai1-lnlUllllCl.lnr. alll).386.7019
CONTAINING 21,478.21 SQUARE FEET OR 0.493 ACRES OF LAND, MORE OR LESS.
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1365 Hamlet Avenue
Clearwater, florida, 33756
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. LB6566
Internet Site: http://www.mcklmcreed.com
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
RE'JISlONS
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Attachment A
Page 5 of 9 Pages
I
Easement No. 406391
SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
LEGAL DESCRIPTION
A PARCEL OF LAND LYING WITHIN THE WATERS OF STEVENSON'S CREEK ALSO LYING AND BEING IN THE
SOUTHWEST 1/4 SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA, AND RUN THENCE ALONG THE SOUTHERLY BOUNDARY THEREOF, SOUTH 89'29'02" EAST, A
DISTANCE OF 327.61 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, NORTH 00'30'58" EAST, A
DISTANCE OF 2288.32 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY OF A PARCEL OF
SUBMERGED LAND IN STEVENSON'S CREEK DEEDED TO THE CITY OF CLEARWATER, FLORIDA BY THE TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, AS RECORDED IN TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NUMBER 20608, SAID POINT OF INTERSECTION ALSO BEING
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORJH 28'36'3B~ EAST, A DISTANCE OF
356.45 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF THOSE CERTAIN APPURTENANT
SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION, ACCORDING TO A MAP OR
PLAT THEREOF, AS RECORDED IN DEED BOOK "s" - PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY
FLORIDA, SAID APPURTENANT SUBMERGED LANDS BEING DESCRIBED IN OFFICIAL RECORDS BOOK 14054, PAGE.
867 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND IDENTIFIED BY THE. PINELLAS COUNTY
PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010; THENCE CONTINUE NORTH 26'36'36" EAST,
A DISTANCE Of 72.26 FEET TO A POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF STEVENSON'S
CREEK; THENCE ALONG SAID MEAN HIGH WATER LINE OF STEVENSON'S CREEK THE FOLLOWING SEVEN (7)
DESCRIBED COURSES: (1) THENCE NORTH 77'35'33" EAST, A DISTANCE OF 5.33 FEET; (2) THENCE NORTH
66'17'26" EAST, A DISTANCE OF 9.43 FEET; (3) THENCE SOUTH 77'50'16" EAST, A DISTANCE OF 4.60 FEET; (4)
THENCE SOUTH 69'26'44" EAST, A DISTANCE OF 16.32 FEET: (5) THENCE SOUTH 67'06'27" EAST, A DISTANCE
OF 8.63 FEET; (6), THENCE SQUTH 83'38'13" EAST, A DISTANCE OF 12.04 FEET; THENCE (7) THENCE NORTH
81'15'40" EAST; A DISTANCE OF 0.10 FEET; THENCE DEPARTING THE AFORESAID MEAN HIGH WATER LINE, SOUTH
26'36'36" WEST, A DISTANCE OF 192.22 FEET TO A POINT OF INTERSECTION WITH THE AFORESAID WESTERLY
BOUNDARY OF THOSE CERTAIN APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B.
TENNEY'S SUBDIVISION; THENCE CONTINUE SOUTH 26'36'36" WEST, A DISTANCE OF 235.68 FEET TO A POINT OF
INTERSECTION WITH THE AFORESAID NORTHERLY BOUNDARY OF A PARCEL OF SUBMERGED LAND IN STEVENSON'S
CREEK DEEDED TO THE CITY OF CLEARWATER, FLORIDA BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA; THENCE ALONG SAID NORTHERLY BOUNDARY, NORTH 69'33'04" WEST, A DISTANCE
OF 56.71 FEET TO. THE POINT OF BEGINNING.
CONTAINING 21,478.21 SQUARE FEET OR 0.493 ACRES OF LAND, MORE OR LESS.
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Attachment A
Page 6 of 9 Pages
Easement No. 40639
LOCATION SKETCH/VICINITY MAP
1365 Hamlet Avenue
Clearwater, Florida, 33756 ~
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. LB6566
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REWilONS
OF 4
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
SKETCH OF DESCRIPTION
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SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
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APPURTENANT SUBMERGED LANDS
BEING A PORTION OF LOT 1 OF
JEROME B. TENNEY'S SUBDIVISION
(DEED BOOK "SO - PAGE 96) AND
RECORDED IN O.R. BOOK 14054 -
PAGE 887 AND IDENTIFIED BY THE
PINELLASCOUNTY PROPERTY
APPRAISER AS PARCEL NO.
03/29/15/91044/000/0010
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A PARCEL OF SUBMERGED LAND IN STEVENSON'S
CREEK DEEDED TO THE CITY OF CLEARWATER,
FLORIDA BY THE TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA,
AS RECORDED IN TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NUMBER 20608
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S.W. CORNER OF SECTION 3-29-'15
Attachment A
Page 7 of 9 Pages
Easement No. 40639,
NOT A SURVEY
~
~lvH<IM&CREED
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1365 Hamlet Avenue
Clearwater, Florida. 33756 ~
Phone: (727)442-7196. Fax: (727)461-3827
Certificate of Authorization No. L86S66
Intomet Site' htlp' / /..w.mcldmueed.nom ..
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
REVISIONS
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SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
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LINE DATA
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N86'17'26" E
S 77"50'16" E
S 89"28'44" E
S 87"06'27" E
S 83"38'13" E
N 81'15'40" E
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12.04'
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1365 Hamlet Avenue
Clearwater, Florida. 33756 f
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. LB6566
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Attachment A
Page 8 of 9 Pages
Easement No. 40639
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
REVISIONS
SHEET 3 OF 4
,
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SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
GENERAL NOTES:
THIS DRAWING REPRESENTS A SKETCH OF DESCRIPTION AND IS NOT A BOUNDARY SURVEY.
THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN
OBTAINING SCALED INFORMATION.
THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY THE UNDERSIGNED SURVEYOR
AND MAPPER.
ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO GRID NORTH AS ESTABLISHED BY GPS
OBSERVATIONS. LOCAL REFERENCE BEARING FOR THIS SKETCH IS THE SOUTHERLY BOUNDARY OF
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST WHICH HAS A GRID BEARING OF SOUTH
89'29'02" EAST.
THIS SKETCH CONSISTS OF FOUR (4) SHEETS AND EACH SHEET IS INCOMPLETE WITHOUT THE OTHERS.
PROPERTY CORNER MONUMENTATION WAS NOT SET IN ASSOCIATION WITH THE PREPARATION OF THIS
SKETCH.
ALL COORDINATES SHOWN HEREIN ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE
SYSTEM, NORTH AMERICAN DATUM OF 1983-1990 ADJUSTMENT (N.A.D. 83/90) FOR THE WEST ZONE
OF STATE OF FLORIDA, TRANSVERSE MERCATOR PROJECTION.
ORIGINATING COORDINATES:
STA TION
NORTHING
EASTING
AURAL "F"
1,327,898.9846
399,245.4810
HIGHLAND "B"
1,332,593.3847
401,945.3247
ALL COORDINATES SHOWN HEREIN ARE GIVEN IN FEET AND HAVE BEEN ESTABLISHED TO A MINIMUM OF
THIRD ORDER ACCURACY.
I.EGOO
O.R. OFFICIAL RECORDS
N = NORTHING COORDINATE VALUE
E = EASTING COORDINATE VALUE
~
WILLIAM R. DEES
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATE NO. 5493
UNLESS THIS SKETCH BEARS THE ORIGINAL SIGNATURE AND EMBOSSED RAISED SEAL OF THE FLORIDA
LICENSED SURVEYOR AND MAPPER STATED ABOVE. THIS SKETCH IS FOR INFORMATIONAL PURPOSES
ONLY AND IS NOT VALID.
Attachment A
Page 9 of 9 Pages
Easement No. 40639
RE'IlSKlNS
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DATE: "-?jNAGElA~lo5
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DRAWN a.F.D.
CHECKED w.o.
SHEET 4 OF 4
~
~M=KIM:&CREED
1365 Hamlet Avenue
Clearwater. Florida, 33756 f
Phone: (727)442-7196, Fax: (727)461-3827-
Certificate of Authorization No. LB6566 =
Internet Site: http://www.mcklmcreed.com
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES