BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2)
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;lNST # 94-209708
JLY 22, 1994 3:44PM
tINELLAS COUNTY FLA.
OFi,REC.BK 8733 PG 1155
This Instrument Prepared By:
Alice E. Heathcock
Bureau of Submerged Lands and Preserves
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
Itc CT ..IQ.Q}).7{)
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SOVEREIGN SUBMERGED LANDS EASEMENT
'NO :29058
BOT FILE NO. 522119939
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
GSSo
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 City Commission , 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 17, Township 29 South, Range 15
East, in Clearwater Pass, Pinellas County, as is more particularly
described and shown on Attachment A, dated October 26. 1993.
TO HAVE THE USE OF the hereinabove described premises for a period of 50
years from April 12. 1994, the effective date of this easement. The terms and
conditions of and for which this easement is granted are as follows:
1. The above described parcel of land shall be used solely for public
transportation purposes only by or under the supervision of the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION or such local governmental entity having
maintenance responsibility. Grantee shall not engage in any activity except as
described in the Florida Department of Environmental Protection, Division of
Water Management, Permit No. 522119939 dated July 6. 1993, and in the Division
of Beaches and Shores Notice to Proceed DBS910296 dated April 4. 1994.
2.
Grantor,
expenses
easement
This easement shall automatically terminate when, in the opinion of
the easement is not utilized for the purposes authorized. Any costs or
incurred by Grantor in removing Grantee or its property from the
area shall be paid by Grantee.
3. Grantor neither warrants title to the lands described herein nor
guarantees the suitability of any of the lands for any particular use.
4. 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. Grantee shall not damage the easement lands or unduly interfere with
public or private rights therein.
6. 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.
[41]
CC! /g
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RETURN TO:
CITY CLERK
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TER, FL 34G18-474'8
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o F,REC,BK 8733 PG 1156
7. Grantor, or its duly authorized agent, shall have the right at any
time to inspect the works and operations of the Grantee in any matter pertaining
to this easement.
8. Should a need of greater public benefit and use arise as determined by
Grantor in its sole discretion, the Grantor shall have the right to terminate
this easement. At such time, the Grantor shall issue written notification to
the Grantee stating the effective date of such termination.
9. Any inequities that may subsequently arise as a result of this
easement shall be subject to negotiation upon written request of either party
hereto, and the parties agree to negotiate in good faith. In case of failure by
the respective staffs to resolve the conflict(s), the matter shall be referred
to the Grantor for final resolution.
10. 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
ora 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.
11. This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any
assignment or other transfer without prior written consent of the Grantor shall
be null and void and without legal effect.
12. 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. Upon expiration of this easement all authorization granted shall cease
and terminate and Grantee shall remove all facilities and related structures
erected at its expense.
14. Renewal of this easement is at the sole option of the Grantor. Such
renewal shall be subject to the terms, conditions and provisions of current
management standards and applicable laws, rules and regulations in effect at
that time. In the event that Grantee is in full compliance with the terms of
this easement, the Grantee shall be allowed a 3D-day grace period after
expiration of this easement to apply in writing for a renewal. If the Grantee
fails to apply for a renewal within the grace period, or in the event the
Grantor does not grant a renewal, the Grantee shall vacate the premises and
remove all structures and equipment occupying and erected thereon at its
expense.
15, 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.
16. The Grantee, at its own expense, shall record this easement and any
subsequent approved renewal and/or modified easements in the official records of
the county within which the easement site is located within fourteen (14) days
after receipt of a fully executed copy of this easement, and shall provide the
Grantor with a copy of the recorded easement indicating the book and page at
which the easement is recorded.
17. 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.
Page -2- of -12- Pages
Easement No. 29058
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I PINELLAS COUNTY FLA.
OfF.REC,BK 8733 PG 1157
18. Prior to commencement of construction and/or activities authorized
herein, the Grantee shall obtain the U.S. Army Corps of Engineers (CaE) permit
if it is required by the CaE. Any modifications to the construction and/or
activities authorized herein that may be required by the CaE 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.
19. 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 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 should have 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 agreement.
20. Special Easement Condition:
Grantee shall comply with the following Manatee Watch Program for Blasting
Activities:
(1) Seven days prior to the first blast event, the contractors shall provide
U.S. Fish and Wildlife Service (USFWS) and Department of Environmental
Protection (DEP) Office of Protected Species Management the names of the chief
and primary observers for the Manatee Watch Program (MWP) and their
qualifications, time tables for blasting, tide tables for the blasting event,
time tables for the MWP (start times for aerial survey and other survey
positions), observer positions, a copy of the MWP log sheet, and the map that
will be used to record manatee sightings.
(2) A meeting shall be held at least two days prior to the first blast event
between the DEP, the MWP chief and primary observers, construction contractors,
demolition subcontractors, and any other interested parties, such as the USFWS
or the U.S. Coast Guard. The construction contractors, demolition
subcontractors, and primary observers shall present the protocol and logistics
of the demolition project.
(3) The manatee watch shall consist of a minimum of six observers, including
one chief observer and five additional observers. In addition to the observers,
there shall be one MWP coordinator on site to supervise the watch. Three of the
seven observers shall have previous experience in observing/spotting manatees.
One of these observers shall have previous aerial survey experience and shall be
the observer conducting the surveys from the helicopter. The three additional
observers shall be trained and informed in the methods of surveying and locating
manatees.
(4) Observers shall follow the protocol established for the MWP and shall
conduct the watch in good faith and to the best of their ability.
(5) Each observer shall be equipped with a two-way radio that shall be
dedicated exclusively to the manatee watch. Observers will also be equipped
with polarized sunglasses, binoculars, a red flag for backup visual
communication system, and a manatee sighting log with a map to record manatee
sightings.
(6) All blasting events will be weather dependent. No blasting is permissible
during the presence of heavy rain, fog, or winds in excess of 10 knots.
(7) The continuous aerial survey shall be conducted by helicopter, beginning
one hour prior to the start of blasting in the vicinity of the blast site and
ending one-half hour after the completion of blasting. The survey route shall
be approved by DEP. After detonation, the aerial survey crew shall make a
complete survey of the blast area. The aerial survey crew shall either remain
on ground standby or shall continue surveillance of the survey area until the
end of the watch period in case the need for aerial tracking of an injured
manatee arises.
Page -1- of -12- Pages
Easement No. 29058
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,INELLAS COUNTY FLA,
OFFJREC,BK 8733 PG 1158
(8) The additional primary observers shall be located at the agreed upon
positions around the blast site. These positions shall be situated to provide
maximum visibility of the danger zone and shall be approved by DEP. The primary
observers shall begin surveying the area one hour prior to the blast event and
continue observing for one half hour after the blast event.
(9) No blasting shall occur whenever a manatee is present within 300 feet of
the perimeter of the safety zone approved by DEP. Manatees shall not be herded
away or harassed into leaving. Specifically, the animals must n~t be
intentionally approached by project watercraft. If the manatee(s) is not
sighted a second time, the event shall not resume until 30 minutes after the
initial sighting.
(10) Any problems encountered during blasting events shall be evaluated by the
observers and contractors and logistical solutions shall be presented to DEP.
Corrections to the MWP shall be made prior to the next blasting event.
(11) If an injured or dead manatee is sighted after the blast event, the
manatee watch observers shall contact DEP through the Manatee Watch Hotline, 1-
800-DIAL-FMP (1-800-342-5367), and contact the USFWS Jacksonville Office at
904/232-2580. The observers shall attempt to maintain contact with the injured
or dead manatee.
(12) If any injured or dead manatee is rescued/recovered within the project
area during the blasting period or if the death/injuries of any manatee in the
surrounding vicinity occurs, blasting shall be postponed until cause of injury
or mortality can be determined by DEP. If the injury or death is caused by the
blasting, no further blasting shall occur without the written approval of DEP.
(13) No later than two weeks (14 days) after completion of all blasting events,
the chief observer shall submit a report to DEP providing the names of the
observers and their positions during the event, number of and location of
manatees seen and what actions were taken when manatees were seen.
(15) The chief observer shall be granted the authority by Lessor to terminate
the blasting event, if anyone of the aforementioned conditions is not met prior
to or during the blasting.
Page ~ of -12- Pages
Easement No. 29058
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fINELLAS COUNTY FLA.
OFF, REC, BK 8733 P~___~159
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_.________n___
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BOARD OF TRUSTEES OF THE.:-TNTE-RNAL _ _
IMP NT TRUST FUND OF !H~ STATE OF
FLO IDA,
(SEAL)
BY
Percy W. Mal ison, Jr.,
Division of State Lands,
Board of Trustees of the
Improvement Trust Fund
irector,
Agent for the
Internal
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
ins~~nt was acknowledged before me this ~LJ day of
, 19~, by Perc W. Mallis n Jr. Division Dire~ctor , who is
ally known to me. . ,I} .
APPR~OVED AS TO FORM D LEGALITY: /U c. / .f!1.Q
T~ of"F'!"O lda
/' EP A orne LElGHO'8H1ELD8
Printed, Typed or Stamped:-Nqme ""
Ne1ary Public,St~',.ofJlorldll ... '.
My Commission EMf~.sionu~U,!~J
I..~.'" T"," "el' Fain oIDSIfQllC.k.. .
Commission/Serial No. C-e'~.ld'()V~
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Orig..tnaI~- -S ign~ttt~e
Ri ta Garv~y --=., _.
Typ~dIPrinE~alJl€.';o.f \Ii tness
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0.~~..~, ~,&L'"
~al Signature
Cynthia E. Goudeau
Typed/Printed Name of Witness
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City Commission
City of Clearwater
Grantee
BYorigin~g~U~xecuting Authority
(SEAL)
Elizabeth M.Deptula
Typed/Printed Name of Executing Authority
City Manager
Title of Executing Authority
"GRANTEE"
ins>;~nt was acknowledged before me this ~ day of
19~, by Elizabeth M. Deptula ,who is personally known to
My
No. C~ Q(J II/Of
f;JJflJ.j:;i) J. jJ~ '
Notary Public, State of .Q./
1eD"S~ A.(J,'I",C)OU
Printed, Typed or Stamped Name
Commission/Serial
,...~':A~:'ft~:'" DENISE A. WILSON
tr*"E~ MY COMMISSION Ii CC 201408 EXPIRES
~~'~'.9i June 18.1996
.'I.f.P.Y.:r..'f...' BONDED THRU TROY FAIN INSURANCE, INC.
Page -2- of -12- Pages
Easement No. 29058
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A. RIGHT OF WAY CONTROl.. SURVEY TRAVERSING THROUGH
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PINELLAS COUNTY
LOCATION MAP
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END SURVEY
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, PINELLAS COUNTY FLA,
OtF,REC,BK 8733 PG 1163
State Project 15140-2518
Right of Way Detail Sheet No.2, 6 and 7
Current Owners Name : State of Florida
Gulf Boulevard, pinellas County, Florida
PARCEL 804.1R
RIGHT OF WAY EASEMENT
A portion of submerged lands in Clearwater Pass (Little Pass) in
Section 17, Township 29 South, Range 15 East, Pinellas County,
Florida, Being previously described in T.I.I.F. Deed No. 23445 and
recorded in O.R. 1763, Page 432, Public Records of Pinellas County,
Florida, lying between .the mean high water marks on the Southerly
shore and Northerly shore of said Clearwater Pass within the
following described area:
"A parcel of submerged land in Clearwater Pass (Little Pass),
being the u.S. Government Channel, said parcel of submerged
land being described as follows: Begin at Station 144+49.87 on
the centerline of the Bridge across Clearwater Pass, being
Pinellas County Coordinate Point North 20,119.85, East
34,371.05, run thence North 74057'38" West 80.08 feet; thence
South 15002'22" West 50.00 feet; thence North 74057'38" West,
168.26 feet; thence North 12056'36" East, 400.27 feet; thence
South 74057'38" East, 182.90 feet; thence South 15002'22"
West, 50.00 feet; thence South 74057'38" East, 319.26 feet;
thence South 12056'36" West, 300.20 feet; thence North
74057'38" West, 250.16 feet to the ~oint of Beginning."
Said parcel being described as follows:
Commence at Southwest corner of Section 17, Township 29 South,
Range 15 East, pinellas County, Florida; thence North 89010'31"
East, (Bearings based on O.R. 1342, Page 278, Public Records of
Pinellas County, Florida), along the Southerly boundary of said
Section 17, a distance of 843.47 feet, to a point on the baseline
of survey of Gulf Boulevard; (the next three courses are along the
baseline of said Gulf Boulevard), thence North 42013'31" East, a
distance of 1983.25 feet, to the beginning of a curve, concave
Northwesterly, having a radius of 1909.86 feet and a central angle
of 29016'55", thence Northeasterly along the arc of said curve to
the left, a distance of 976.06 feet, a chord which bears North
27035'03" East, a distance of 965.48 feet to the curve's end;
thence North 12056'36" East, a distance of 1316.08 feet, to the
POINT OF BEGINNING; thence North 74057' 38" West, a distance of
45.03 feet; thence North 12056'36" East, a distance 298.55 feet, to
a point on the Northerly boundary of a 500 foot permanent easement
as recorded in O.R. 1763, Page 432, Public records of pinellas
County, Florida; thence South 77003'24" East, along the Northerly
boundary of said 500 foot permanent easement, a distance of 139.00
feet; thence South 12056'36" West, a distance of 303.64 feet;
1
Attachment A
Page -2.. of R Pages
Easement No, 29058
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I
PINELLAS COUNTY FLA.
__~'~~~E~,BK 8733 PG 1164
State Project 15140-2518
Right of Way Detail Sheet No.2, 6 and 7
Current Owners Name : State of Florida
Gulf Boulevard, Pinellas County, Florida
PARCEL 804.1R
RIGHT OF WAY EASEMENT
thence North 74057'38" West, a distance of 94.06 feet, to the POINT
OF BEGINNING;
Containing 0.961 acres, more or less.
I hereby certify that this legal description is in compliance with
the Minimum Technical Standards as set forth by the Florida Board
of Professional Land Surveyors, pursuant to Section 472.027,
Florida Statutes.
. :tf~";j/-4-~
,.:fIerirY{~;Echezabal
; "Florida Registered Land Surveyor No. 3940
~ Kisinger Campo and Associates
-;-2203, North. Lois Avenue
'. Suite 4'1(r__ _'.
',Tampa,;'~'Flo~ida 33607
<April 29,:" 1993
2
Attachment A
Page....ill. of R Pages
Easement No, 29058
.) .
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",
I
PINELLAS COUNTY FLA.
OFt,REC,BK 8733 PG 1165
}"
State Project No. 15140-2518
Right of Way Detail Sheet No. 7
Current Owners Name: State of Florida
Gulf Boulevard, Pinellas County, Florida
PARCEL803.1R
RIGHT OF WAY
A portion of submerged lands in Clearwater Pass (little Pass) in
Section 17,~ownship 29, South, Range 15 East, Pinellas County,
Florida, and being a part of the following described land:
Said parcel being described as follows:
Commence at the Southwest corner of Section 17, Township 29 South,
Range 18 East, Pinellas County, Florida; thence North 89010'31"
East, (Bearings based on O.R. 1342, Page 278, Public Records of
Pinellas County, Florida), along the Southerly boundary of said
Section 17, a distance of 843.47 feet to a point on the baseline of
survey of Gulf Boulevard, as now established; (the next five
courses are ,along the baseline of survey of said Gulf Boulevard"
thence North 42013'31" East, a distance of 1983.25 feet; to the
beginning of, a curve, concave .Northwesterly, having axadius of
1909.86 feet and a central angle of 29016' 55", thence Northeasterly
:alongthearcof said curve to the l.eft,a distance of 976.06 feet,
a chord which bears North 27035' 03 II East, a distance of 965.48 feet
to the curve's end; thence North, 12056'36" East, a distance of
.1967.96 feet; to the heginningofa'curve, concave Westerly, having
a radius of 310.00 feet and a central angle of 120~5'13",thence
Northerly along,the arc of said curve to the left, a distance of
66.30 feet, a chord which bears North 06049' 00" East,' a distance of
66.17 feet to the curve's end; thence North 00041'23" East, a
distance of 46.24 feet; thence South 89018'37" East, a distance of
35 .~1.feet to a point on the Easterly right of way line of said
Gulf Boulevard, said point also being on the Southerly right of way
line of South Shore Boulevard; (the next four courses are along the
Easterly,xight of way line of said Gulf Boulevard), thence South
,00038'57" West, a distance of 46.43 feet; to a point of
intersectionwitha~non-tangent curve, -concave Westerl.y,havinga
radius of 345 .00 feet and a central angle of 12015 '37", thence
Southerly along the arc of said curve to the right, a distance of
73.82 feet, a chord which bears South 06048'31" West, a distance of
73.68 feet to the point of intersection with a non-tangent line;
thence South 77026'20" East, a distance of 10.01 feet; thence South
13010'54" West, a distance of 48.21 feet; thence South 12056'36"
West, a distance of 238.17 feet, said point being on a Bulkhead
Line as recorded in Plat Book 2, Page 32, Public Records of
Pinellas County, Florida and the POINT OF BEGINNING; said point
being the point of intersection with a non-tangent curve, concave
Northerly, having a radius of 210.00 feet and a central angle of
12051'58", (the next two courses are along said Bulkhead Line),
1
Attachment A
Page..lL of R Pages
Easement No. 29058
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I
PINELLAS COUNTY FLA.
OFI,REC,BK 8733 PG 1166
------------ --"..------,...------------ ,____.___ ____'_.n'___, ,.._______......__
State Project No. 15140-2518
Right of Way Detail Sheet No. 7
Current Owners Name: State of Florida
Gulf Boulevard, Pinellas County, Florida
PARCEL 803.1R
RIGHT OF WAY
thence Southeasterly along the arc of said curve to the left, a
distance of 47.16 feet, a chord which bears South 71002'57" East,
a distance of 47.06 feet; to a point of intersection with a non-
tangent curve, concave Northerly, having a radius of 365.00 feet
and a central angle of 00020' 46", thence Easterly along the arc of
said curve to the left, a distance of 2.20 feet, a chord which
bears South 78018' 33" East, a distance of 2. 20 feet to the point of
'intersection with a non-tangent line; thence South 12056'36" West,
a distance of 60. 3 0 feet, to a point on aT. I . I . F . reservation
(T.I.I.F, Deed No. 23445); (the next two courses are along said
T.I.I.F. reservation), thence North 77003'24" West, a distance of
49.00 feet;, thence North 12056'36" East, a distance of 65.18 feet,
to the POINT OF BEGINNING;
Containing 3026 square feet, more or less.
I hereby certify that this legal description is in compliance with
the ~nimum Technical Standards as set forth by the Florida Board
of Professional Land Surveyors, pursuant to Section 472.027,
Florida Statutes.
~~ ,~///~/
I(~TA~CheZab~~' '7
,'Flqrida.Registered Land Surveyor No. 3940
..: ,'Kisinger . Campo and Associates
[:-22.03~: North Lois Avenue
~. :'Suite :410 .
~"Tampa, Florida 33607
- April 29.,.1993
. -. ~~ r - : ,--_' -nO
_".",,0
.:. L"_: tL\"... !,~,...l,'.;"
-0 ,._
2
Attachment A
Page R of R Pages
Easement No. 29058