440 WEST CODOMINIUM ASSOCIATION INCORPORATED
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PROTECTIVE BEACH BERM
O.i.. 5776 PAGE 118
440 West Condominium Association, Inc. warrants that it has
the authority and power to grant this easement pursuant to its
Articles of Condominium and its individual members, and thereby
grants unto the City of Clearwater, County of Pinellas, State of
Florida, the right to use, for the purpose of recreation and
public use in general, a permanent, nonexclusive easement over
and through that portion of the following described real property
which shall lie seaward of a line drawn parallel to, and lying
seaward of, the existing seawall a distance of 50 feet:
A Tract consisting of Lots 37 to 43, inclusive, and a part of
Lot 36 of LLOYD-WHITE-SKINNER Subdivision, according to map or
plat thereof as recorded in Plat Book 13, pages 12 and 13, public
records of pinellas County, Florida, and lands and submerged
lands, riparian rights, rights of accretion and reliction
appertaining to the above described lands lying between and
Southerly, Southwesterly or Westerly of the mean high water mark
and the bulkhead line described in and set forth in Trustees of
the Internal Improvement Fund of the State of Florida Disclaimer
No. 22310, as recorded in O.R. Book 765, page 542, public records
of Pinellas County, Florida, said tract being described as
follows: From the Northernmost corner of Lot 33 of said
00 subdivision, run Southeasterly along the Northeasterly boundaries
;; of. Lots 33, 34, 35 and 36 of said subdivision, which line is a
~ curve to the left (radius - 847.0'), an arc distance of 235.76'
(chord -235.0', chord bearing - S 20017'10" E) to a P.O.B.: From
said P.O.B., run S 68055'27" W a distance of 402.14' to a point
on the bulkheao line described above: run thence Southeasterly
along said bulkhead line along a curve to the left (radius-
1247.0') an arc distance of 619.76' (chord -613.40', chord
bearing - S 40011'13" E) to a point of tangency: continue thence
along said bulkhead line S 54025'30" E a distance of 37.57' to a
point on the Southwesterly extension of the Southeasterly
boundary of said Lot 43: run thence N 35034'30" E along the said
Southwesterly extension of the Southeasterly boundary of said Lot
43 and the Southeasterly boundary of said Lot 43 a distance of
400.0' to the Eastern most corner of said Lot 43: run thence N
54025'30" Walong the Northeasterly boundary of said Lot 43 a
distance of 37.57' to a point of curvature: run thence along the
Northeasterly boundaries of said Lots 43 to 36, inclusive, which
line is a curve to the right (radius - 847.0'), an arc distance
of 386.79' (chord - 383.44 chord bearing - N 41020'34" W) to the
P.O.B.
The Grantor also gives to the City of Clearwater a perpetual
and nonexclusive right to deposit beach quality fill material
upon that portion of the above described real property which lies
seaward of the existing seawall and the right to go upon and over
that part of such property seaward of the seawall which is
actually needed to construct and/or maintain the protective berm
and beach appurtenant thereto. In no event, shall the Grantor be
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O. i.5776 PACE 119
obligated to spend any of its own money to preserve this
easement.
IN WITNESS THEREOF, 440 West Condominium Association,
Inc., by its duly authorized representative, has executed this
instrument at Clearwater, Florida , the 7 day of
February , 1984.
In the Presence of:
440 West Condominium
Association, Inc.
1,t~ WC'''- L
BY: ~ c'. ~,:)~~,
TITLE~- President . ( ./'~'~ '~
: ," ~' , I , ' . :
Secretary
COUNTY OF PINELLAS )
:ss
STATE OF FLORIDA )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to take acknowledgments in the State and County named
above, personally appeared Glen E. Bruer , a representative
of 440 West Condominium Association, Inc., to me well know to be
the person described in and who executed the foregoing instrument
and he acknowledged before me that he executed the same freely
and voluntarily for the purposes therein expressed.
~ .-"
WITNESS my hand and official seal in the State and County
named above, this ..1-- day of February . ., 1984. /'
My commission expires: (}-'I!.~~~--"~
~RY PUBLIC
State of Florida at Large
lOT ART PUBLIC-STATE or '~~~l~.
., COMlISSION EXP, nrr 1.l~n
BOIlOED JHRU QU.INIU"mE ail!)
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