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EQUITEL & CLEARWATER BEACH SUNSET HOTEL ASSOCIATES LTD ~~ OR ~~ c' Fo i:i~' cc" z~~~ - ~ 0 t-, ,~; ~ >roi-.i ~ 8 .-.,~ ~,~. ~~" ,-,., ", u g,;' ~:: f.t: ( C I 57"1'" D "E 121 O. i. ,I \) I Au , 1~ c>'it,- /~\70 84117272 c. .0 C.---.!j PERMANENT NONEXCLUSIVE EASEMENT FOR !'~.'-l~~~~~l~' PUBLIC BEACH AND CONSTRUCTION OF A i~6 "F'.c~, ,C'C I? 11- PROTECTIVE BEACH BERM lo't8L-~ Equitel, a joint venture composed of The Equitable Life Assurance Society of the United States and Hyprops, a Georgia general partnership, 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, non-exclusive 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: ("') ~ ',.,.. [.~ :.:: m I:. ;% r l;tO; - (:~t :;'C ~ ,.. CJ P ., c:: ;...... -i <1- ,.- ~ c: f ~, c:. "\:", :1111 -J t" If C'_ .- ,r:; (,;,;-.., A PARCEL OF LAND in Section 17, Township 29 South, Range 15 East, further described as follows: FROM the northwesterly corner of Lot 1 in Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, page 38 of the Public Records of Pinellas County, Florida; run thence north 540 25' 30" West 65.14 feet along the southerly line of Gulfview Boulevard for a POINT OF BEGINNING; thence continue north 540 25' 30" West along said southerly line of Gulfview Boulevard 467.74 feet to the northeasterly corner of Lot 43 in Lloyd-White-Skinner Subdivision as recorded in Plat Book 13, page 12 of the Public Records of Pinellas County, Florida; run thence south 350 34' 30" \\lest 400 feet to the bulkhead line; thence south 540 25' 30" east 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing south 650 52' 45" east, chord 212.21 feet; thence south 770 20' 00" east 87.38 feet; thence north 120 40' 00" east 351.56 feet to the POINT OF BEGINNING. , .,.... co ..r:. c..n G.7l ~ ~ :z: <,.,. '. The Grantor also gives to the City of Clearwater a perpetual and nonexclusive right to deposit beach quality fill material upon that portion of real property which lies seaward of the existing seawall and the right to go upon and over that part of 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 obligated to spend any of its own money to preserve this easement. r;-' ~ p...-,' ~ IN WITNESS WHEREOF, Equitel, by its duly authorized represen~atives, has executed this instrument at Atlanta, Georgia, the 10 't6.. day of February, 1984. IN THE PRESENCE OF: ~ ~'::~~-f (:~"'-&~ As to Hyprops EQUITEL, a joint venture composed of Hyprops and The Equitable Life Assurance Society of the United States HYPROP , ~ G partnership By: THE EQUITABLE LIF ASSURANCE SOCIETY OF THE~UNI~E " TES By: 1E~' ,. ut&A Tit e: , V Jq~\q <Y::J~))I , " ~I; / r- \",.,J..'.. t (" .;,y" I."..... I. " . " cj '" (" "'" ,~, ',"~' ~" -,. ~.'~'. " I I O. i. 57'76 f'AGE 122 STATE OF GEORGIA COUNTY OF FULTON I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements in the State and County named above, personally appeared William B. Johnson , to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same freely and m-Iuntarily for the purposes therein expressed. Witness my hg~d and official seal in the State and County above, this ,,,t::b day of ,q~ ' 1984. cg;:;:?~ ~':~'.~ ~'~~,~~zg7 ~ Notary 1 Seal) STATE OF GEORGIA COUNTY OF FULTON I hereby certify that on this day, before me, and officer duly authorized to take acknowledgements in the State and County named above, personally appeared R. E. Thrower , to me well known 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 13th day of February , 1984. , fi.~1 ;/u-l~ Notary Public My cormnission expires: He, al ) Notary Public, Georgia. State at Large My Commission Expires Dec. 2. 1986 -2- , ~'. 4 , I O. i.5776 PAGE 123 · 84117273 -,D -,.'" I~ ..11".-' t ,:"':'..:!.___'. 13 C '40 R8C~ 46 POS""---;-O' () rJ- Tot3.\~QJ "'" ~" -::r .~ ~ .- a= ,.-.' ~~ .' ? ... .... :::J ~ l'; <(.4.' '-' e- ':1'; '~" t: \I /t[J'," ".it ;:) ,:,K. ....""~~ r.;' La) '~~j tS ;.:. "4~ ~:; "~ )11;; ~ X ,:.;I _I :~ t..:~ ~, txJ .--; Lt'.) C.) ~):r :.. ,,-,,:C!. o !->-' ",' <:< Po ~ ~;.3 ~,1" 0" ..,.. ""'~ >--< ~/o-(f"'" r:r.: 0 C) ;:f' ::> ...., ..., ,'"" ,.. )o"'~ ~1Il' t; r_t E, f'; , ' ....., "''''< ~~ --=t; ~,c';) 0..; L€: ;:~ ~: <.: l>@ f-'f' o C c c ~, ,~.... ":i ' PERMANENT NONEXCLUSIVE EASEMENT FOR PUBLIC BEACH AND CONSTRUCTION OF A PROTECTIVE BEACH BERM Clearwater Beach Sunset Hotel Associates Ltd., D/B/A Clearwater Beach Hilton Inn, 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 exist- ing seawall a distance of 50 feet: Lots 1 and 2 in Block D of Bayside Shores as recorded in Plat Book 58, pages 12 and 13 of the public records of Pinellas County, Florida; together with adjacent lands to the South of said Lots 1 and 2 described as follows: Begin at the Northwesterly corner of said Lot 1 and run thence S.12,040'00"W., 220.51 feet for a point of beginning; thence continue S.12040'00'~., 40.0 feet; thence S.61059'46"E., 177.08 feet; thence along a curve to the ,right whose chord bearing is S.53029'5311E., 157.04 feet, arc 157.61 feet, radius 531.33 feet; thence S.450E., 79.0 feet; thence S.54052'17"E., 281.56 feet; thence N.12022128"E., 201.48 feet to the Southeasterly corner of said Lot 2; thence along a curve to the right whose chord bears N.670431471~., 197.02 feet, arc 198.01 feet and radius 573.22 feet; thence along a curve to the left whose chord bears N.68021'19"W., 425.96 feet; arc 428.36 feet and radius 1166.35 feet; thence N.78052136"W., 25.36 feet to the point of beginning. The Grantor also gives to the City of Clearwater a perpetual and nonexclusive right to deposit beach quality fill material upon that portion of real property which lies seaward of the existing seawall and the right to go upon and over that part of 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 obligated to spend any of its own money to preserve this easement. IN WITNESS THEREOF, Clearwater Beach Sunset Hotel Associates Ltd., D/B/A Clearwater Beach Hilton Inn, by its duly authorized representative, has executed this instrument at CLE-IOb/,A"(~ Cp:..t:~) rL~ the X' day of r;;~~~pry 1984. In the Presence of: Clearwater Beach Sunset Hotel Associates Ltc ~_~~~ ~ :::/A C?f:;~J):ton Inn ;;I uk' t1. - it/~- ./ TITLE' 'A"J .A'-- \../..,.... ( 1<' ( I, \ 'I"~ \, ';'" ,~" ",(, <...- l' I ~ . "\ . . a. I J D. i.5776 PAGE 124 COUNTY OF PINELLAS ) ) ss STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements in the State and County named above, personally appeared 'fOAlu 4):LloaJs/r::::~__' , to me well known to be the person descr"ibed in and who executed the fore- going instrument and he acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. WITNESS above, this my hand and official seal in the State and County named ff}l day of r:eORVA1ef ' 19~4. "',,. ,.' ~QtRYt~/ ;(:~ State of FI or i da at"t'cirr,e ," .... ....'IW -: '--~":>~"._-' "'~ .~ .. ~~ ~ "~,:""-\-,.,~' -:.\ My commission expires: Notary Public. State Of Florida At Large My Commission Expires Mar. 9, 1987 .,;, - w:',,' .. .' -. " ..<:IZEI:::..