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PINELLAS COUNTY (6) -RCTURI4 TO, Pinellas County Real Estate Division 509 East Avenue Clearwater, FI. 33756 Attn: Mike Nahat KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200538742209/2612005 at 12:04 PM OFF REC BK: 14632 PG: 907-911 DocType:EAS RECORDING: $44.00 D DOC STAMP: $0.70 I RE: Parcel: 17-29-15-00000-230-0100 INGRESS & EGRESS EASEMENT THIS EASEMENT made this ~# day of ~+~ , 2005 by the CITY OF CLEARWATER, a municipality of the State of Florida (herein, "Grantor"), whose mailing address is P. O. Box 4748, Clearwater, Florida 33758-4748, to PINELLAS COUNTY, a political subdivision of the State of Florida (herein, "Grantee"), whose mailing address is 509 East Ave. South, Clearwater, Florida 33756, its successors and assigns. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, grants unto the Grantee, its successors and assigns, a perpetual non-exclusive easement, in, over, upon and through the following described land in Pinellas County, State of Florida, for the purposes of INGRESS AND EGRESS: A tract, lying within Area "E", as described in O. R. 3991, Page 1093-1095, Pinellas County, Florida, in Fractional Section 17, Township 29 South, Range 15 East, being described and depicted in EXHIBIT "A", Pages 1 & 2, appended hereto and by this reference made a part hereof (herein, "easement premises"). GRANTEE SHALL HAVE THE PRIVILEGE, at Grantee's sole cost and expense, to reasonably utilize the easement premises only for the purposes of ingress to and egress from its Artificial Reef Staging Area ("staging area") lying and being situate adjacent and contiguous to the southerly boundary of the easement premises. Grantee is further authorized to make such improvements to the easement premises as may be beneficial in providing more efficient and expeditious handling of material and supplies within the staging area. In furtherance thereof, Grantee may install a protective fender system with "dolphins" along Grantor's seawall, and undertake other such improvements as Grantee shall deem appropriate, so long as in every instance Grantee shall have provided Grantor's City Manager, or his designee, plans, specifications and drawings for Grantor's approval, which shall not be unreasonably be withheld, prior to undertaking such improvements. At all times and in every instance Grantee shall be solely responsible and liable for any damages to Grantor's seawall occasioned by Grantee's use of the easement premises, and shall always maintain, restore or reconstruct, as necessary, Grantor's seawall, if impacted by Grantor, to equal or better condition as existed immediately prior to every exercise of rights conveyed herein. GRANTOR ACKNOWLEDGES that Grantee is a political subdivision of the State of Florida, and nothing herein shall be deemed a waiver of Grantee's Sovereign Immunity under Section 768.28, Florida Statutes. THE RIGHTS GRANTED HEREIN SHALL BE PERPETUAL and irrevocable and shall run with the land, unless terminated by the mutual written agreement of the parties to be recorded in the Public Records of Pinellas County, Florida, or by abandonment of the easement premises by Grantee. Upon either occurrence, all rights, privileges and obligations of Grantee in and to the easement premises shall terminate, and at Grantor's option, all improvements made within the easement premises by Grantee shall become the property of Grantor, or Grantee shall immediately remove all improvements and restore the easement premises to a condition comparable to and compatible with Grantor's contiguous lands at time of termination. IT IS EXPRESSLY UNDERSTOOD AND AGREED that all rights of ownership of the easement premises not inconsistent with the easement rights herein conveyed to Grantee are reserved to Grantor. Subject to the terms and conditions hereof, Grantor shall have the right at its sole discretion to grant such other easements, rights or privileges to other persons and entities so long as such grants shall not unreasonably interfere with rights and privileges conveyed herein to Grantee. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, countersigned by its Mayor-Commissioner, attested by its City Clerk, and its official seal hereto affixed, the day and date first above written. Countersigned: ~ 4~/ . ~ V. Hibbard, Mayor . CITY OF CLEARWATER, FLORIDA BY:~ William B. Pi'orne, 1I,;City Manag'~r ~,- ~' . ... .j ,;. ' ATT STATE OF FLORIDA : 55 COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ~ ~ay of ~ C~X.~ Notary Public - St e of Florida ,2005 Print/type name: /~I'~Y'r~~ Carolyn L Brink ~~( );1 MY COMMISSION # 00203569 EXPIRES '1~;:" "'d';~" May 22, 2007 ",~~;,(h,'" BONDED THRUTI!OY FAIN INSURANCE, INC STATE OF FLORIDA : 55 COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNES my hand and official seal this ;z.o ~y of 4 ' 2005 ~. . Print/type name: ,1>~~r~. Carolyn L Brink ~*(Ji.~ A MY COMMISSION # 00203569 EXPIRES ~"~:'{i May 22, 2007 "1.f.;;,. iii.~" BONDED THRU TI!OY FAIN INSURANCE. INC lillI' Approved as to form: 2 , 1 PINEUASCOUNTY PUBUC WORKS DIVISION Of SURVEY ANDNlAPP1NG 2221J U.s, I-IIGHWA.Y 19~, CLEAAWATER, flORIDA 33765",,23:47 FRACTIONAL SECTION 17,T()WNSHIP 29 SOUTH.AANGE lS ,~T Addlll~. w~alfiloR. '~ lll/'ltt>ll't~M ,the Prof"SSio.oI LandSlITVli')'prill reIPOMlibklm<lNJ"l it ~Ohlb~O!d_ Ltl""l)!llC~ i. irwondwilhl>lllligJ/labirto Of1i1/orttnbot..d IUI' ofll>e Prof"..i!'MoILond Su_ Pinellas COUnty PUllLlCWOI\KS DES CRIP rrION AtriJd, lying wlthin Area, "E", as described in O.H, 3991, Pages 1093-1095, publiC;: records of PlneHos County, Floridq, [n FractionnlSection 17, Township 29 South, Range, ,tElEost, Pinello! County, and being described oS follows; Comm~nclng "at the "S?lJlhwest. Carner ,.of ~Oid Froctionol~ection, "17, ,.'rlJn" N ,89'1 0'31 "Eoloog the South line, of sold Fractional Section,., I?, ,for,?distonce:',O:f' ~43.47, 'feet,t?o pointpn the', centerHneal Gulf Boufe\lord; < thence N 42'13'31"(01I;)n9 soidcenterline, fora distance p1198S.25 feet to a P~intof Curv(ltu~~;lhen~~r'lorthe(l!ltl!:~lyolorH;1 said centerline, far adisto,t'l<:eof825,03 feet along t~e arc of, ac:uryEl.conc;QII~~arth\if~~terly,}hro~gh.o central onglf:l, 0(24'4-5'04",hollin9 a radius of 19'09,8!5 feet, 0 chQrdbeoringof N29'Sl'OQ"E:i81B,53 feet{9o Pqlnt on<;:urvejllith U;te centerline of lheSO!'ldKey, Jetty. ,0 fOt:llg1to said p.oin~',",(rom, the"prec~din9curve ,being.','S 72'Jl'J3wE ,and from thof:" prqceeding (:urlle i:lein9, N68'ZS'S7"E;tl1encenorthwesterly, 698.01)1 feet olt)ng t~e arc of o. c,~r\ie, befn.9, t~e '" <::El!'lterHneof ,.soid' 'Jetty, byo' 110n-t(l ngen tcurve, c oncove ,.' southwesterly ~ "thro u~ h ,Qcentrol I;lngle~f35'29'~2". hovingQ radius of 1128,19 feet,ac:hord beoringpfN39' 1 8'1\c5'~,587;69 feet too Ppintof Tangency; thence continue along" the said centerline NS7"QJ'24"W ,for 0" distonceof 3A~feetto th~POINT Of BE:GINNING; eu) thence So JZ'5S'36.W",forodlstonceof 5Q;QOf~et too pohltbeing 50 feet southwesterly of the centerlineofsoid Jetty;thenceN 57'0.3~24.W"Qlongaline being 50 feetS(l4thweste~lyof and poroUel wilh the.>centerline of soid Jetty, f(jro distonceof 261.83 fee~;lhenceN32'5a'36"Ei for 0 distance of 86.0Dfeet to a paint being 36 feet .oortheosUy of the l;:e~t~rline l)fsaitj Jetty; thence 557'03'24"(01009 a line being 36 feetnorth~CJs',OfOtld parallel wIth the cen.terline (Jfsoid Jetty, for 0 distance of 2.:61.83 feet; (L2)thenceS32'!55'J6"W for a distance. of 36,00 feet to the Point of Beginning, ContpInil'lg; 22,517 square feet Qr0..5J7 octesl1'1ore or less, eA~ISOFeEARINGS: Bearings ore assumed, ba~edon the South line of FactionQI Section 11, Township 29SQulh, Rangel5 East. Pinello$ County, Florida, being NB9'10'31 "Eo " t,' 05 ,~ 1'\ If' :..;,;; . ~'. ~" " .,. '~ \>"' ,. . , . . "'\\tIO,,,,::, ,'i..,4f'o '~, Ci ; ..o.a&ll . . $1~1"C' '1 , , "'to~\,..' ,.. ~.:~, ':~: -- ' ':.. ::;' .: -, ,,,!,' ~ "JUl.:i :1. $.F',!'(;: 1'439 EXHIBIT JL SHEET 10F 2 Ol'l,d ~~ ," CAlCUlAl'Etl"BY: D.McQ CHeCKED It(; $,Z .' ,~ 5877 PARCEL No, pom , , . p.NEllASc:OUNTY PU8llCWORKS DIVISION, ,Of' SURVEY .AND MAPPING 22211 U.S. HIGHWAY 19 N. CLEARWATER. FLORIDA, 33765"-'2347 FRACrtO~.AL SECTJON 17, ,TOlfNSHlP29 SOUTH, RANGE 15 EAST "ddle;".,. Il<' delellonsby olt;a,. ,thanth.Profe_I~OOI Lan" s...v~~ ,I" ,npan'itllo"l'!9f9'1II p,.Ollilli\ed. LMclD.~~j)~il! illYond 'lliUto04l\ c8l9nl,Jl~ olld/l,J"emboued '1I0! <If III. Pro'eHlCoMI, Land$.l>1'Yll)'Qr SKETCH--NOT A SURVEY REt.lIiANT OF MEA "f.:" O;R. 3991 PGS, l09j~1 095 ~..j cs o ~v ~~ 0<': ~ PORTION Of' AF<E'A .E~ ~ PGS. 701-7'" 1f-0 5~~\), " 'i- ?~~ ARC 1..IENGTH =6~8,8J' _ RADIUS;: 1126.19' DELTA ANGLE = 35~29'22" CHORP.8~ING= N. 39'18'45"W CHORD DISTANCE "" 687.69' PinelliJs (Pl.U1tY P 111l1lCWOl\KS o 200 SCALE IN FEET 1 "= ZOO' .'( , ,~ ,~ -<> ~J" LINE NO, L1 l.,2 BEARING S32'56'36~'W S 32'S'3S"W ~ClENGTIrl ,= 825,03' RAOIUS",,190g.~lfr OELTAANGLE"'2f45'04~" ,~, CHORDBEAR1NG=1'j 29"5J'.00"E CHORD OISTANCL'= 8 Hl. 63' Ic~ ::l ~,':5 ~o kj'CO ~.!:; 0& UNE. TABLE DISTANCE 50.00' 36.00' 'LEGEND OAt OffICA.lREOO~O Cog CORNER peL PACE SEC SECTION POINTOFCOMMENC(t.4ENT SWCORSEC 17'-29'-15 EXHIBIT A- SHEET20F2 N42'1.3'31 "E 198.3,25' PARCEL No. P001