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PINELLAS COUNTY (5) TEMPORARY 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"), temporary easement and right-of- way in, on, over and across the land described below for a period not to exceed one (1) year, commencing the date on which the County, its agents, representatives, or contractors take possession of the land, such temporary easement being granted for the sole purpose of use by the County, its representatives, agents, and contractors as an ingress and egress in undertaking and completing the Pinellas County Beach Erosion Control Project, Sand Key Segment; reserving, however, to the City, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the temporary 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 100 feet of jetty along the northern property limits of Sand Key Park and along the south side of Clearwater Channel as depicted in EXHIBIT "A" appended hereto, the same being adjacent to and contiguous on the west with the northerly 50 feet, more or less, of that certain real property more particularly described in O. R. 5387, Page 963, Public Records of Pinellas County, Florida, a transcription of which is appended hereto as EXHIBIT "B". For the purposes of the preceding, the date of which possession of the land shall be deemed to have been granted to the County shall be 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 event County fails to take possession of the land described herein by January 1, 2006, then, in that event all rights hereunder shall terminate as of said date, and this grant of easement shall thereafter be null and void in all respects. Upon completion of the Sand Key Project of the County's Beach Erosion Control 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. In all events the land shall be vacated upon expiration of the one (1) year term of this temporary easement unless the City extends such period in writing. Upon such http://netfyi/NetFYI/Clients/49625f46-9561-415c_a97 8-207528e59cac/Doc3798, DOC Page 1 of 4 Page 2 - Signatories RE: Temporary Ingress & Egress Easement Parties: City of Clearwater, Florida & Pinellas County. Florida vacation the land shall be promptly restored at no cost to the City; to as good as, or better condition than that which existed at the time this temporary easement was granted. 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 ~<Z.~ day of n\..{.lAJ'\ , 2005. Countersigned: CITY OF CLEARWATER,FLORIDA 4~r~BY:~~~JJ ~k V. Hibbard, Mayor, William B. Horne, II, City Manager Approved as to form: ~ Lau~a Lipowski Assistant City Attorney Attest: . C hia E. Goudeau, City Clerk htlp:/Inetfyi/NetFYI/Clients/49625f46-9561-415c-a97 8-207528e59caclDoc3798. DOC Page 2 of 4 EXHIBIT "A" II PINELLAS C OUNn COASTAL ENVDl M&MT City of Clearwater Easement Clearwater Pass DATE: J8l'lI1IlY 21, 2005 DRAWIN& NO.2 SHEET 1 OF 2 http://netfyi/NetFYI/Clients/49625f46-9561-415c-a978-207 528e59caclDoc3798, DOC Page 3 of 4 II EXHIBIT "B" II LEGAL DESCRIPTION A tract, lying within Area "E", as described in O. R. 3991, Pages 1093 - 1095, Public Records of Pinellas County, Florida, in Section 17, Township 29 South, Range 15 East, Pinellas County, and being described as follows: Commencing at the Southwest Corner of said Section 17, run N89010'31"E along the South line of said Section 17, for a distance of 843.47 ft. to a point on the centerline of Gulf Boulevard; thence N42013'31"E along said centerline, for a distance of 1983.25 ft. to a Point of Curvature; thence Northeasterly along said centerline, for a distance of 825.03 ft. along the arc of a curve concave Northwesterly, through a central angle of 24045'04", having a radius of 1909.86 ft., a chord bearing of N29051'00"E, 818.63 ft. to a Point on Curve with the centerline of the Sand Key Jetty, a radial to said point from the preceding curve being S72031 '33"E and from the preceding curve being N68025'57"E; thence Northwesterly 643.86 ft. along the centerline of said Jetty by a non-tangent curve, concave Southwesterly, through a central angle of 32041'54", having a radius of 1128.19 ft., a chord bearing of N37055'03"W, 635.15 ft. to a Point on Curve, a radial to said point being N35044'03"E, said point being the Point of Beginning; thence S32055'23'W, for a distance of 50.06 ft. to a point being 50 ft. Southwesterly of the centerline of said Jetty; thence Northwesterly 54.98 ft. along the arc of a curve being 50 ft. Southwesterly of and parallel with the centerline of said Jetty, concave Southwesterly, through a central angle of 2055'17", having a radius of 1078.19 ft., a chord bearing of N55035'35'W, 54.97 ft. to a Point of Tangency; thence N5r03'24"W along a line 50 ft. Southwesterly of and parallel with the centerline of said Jetty, for a distance of 245.04 ft.; thence N32051'16"E, for a distance of 86 ft. more or less to the Mean High Water line of Clearwater Pass; thence Southeasterly along said Mean High Water line, for a distance of 300 ft. more or less; thence S32055'23"W, for a distance of 36 ft. more or less to the Point of Beginning. Purpose: Artificial Reef Staging Area Containing: 25,641 sq. ft. or 0.589 Acres, M. O. L. http://netfyi/NetFYI/Clienls/49625f46-9561-415c-a978_207 528e59cac/Doc3798. DOC Page 4 of 4