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CABANA CLUB CONDOMINIUM ASSOCIATION INCORPORATED (2) . ' INST # 9f~308146 N~Y___~-,.~, 9 9~_,~,1 :~~~ __ I PINELLAS COUNTY FLA. OFF.REC.BK 9519 PG 736 Prepared by & return to: Earl Barrett Real Estate Services Mgr. City of Clearwater P. O. Box 4748 ;<~~t~~~arwater, Fl. 34618-4748 DS INT -.-.....~ FBP-S ' ' -,~ IvftF -- PIC RBv Hit /' . A~ t;1j/ '~ash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, -----.,....-:.-:- PUBLIC ACCESS EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1. 00) Cabana Club Condominium Association, Inc., a Florida Corporation Not-For-Profit 1582 Gulf Boulevard Clearwater Beach, Florida 34630-2971 as GRANTOR, does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal ICorporation, as GRANTEE, its licensees, agents, successors and assigns forever, for the use of the general public, a permanent, irrevocable non-exclusive easement for the purposes herein expressed, over, under and across the following described land, lying and being situate on the Island of Sand Key in the City of Clearwater, County of Pinellas, State of Florida, to wit: THE NORTH 5 FEET, AND THE WESTERLY EXTENSION THEREOF TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO, AS IT MAY FROM TIME TO TIME EXIST, OF CABANA CLUB CONDOMINIUMS, BEING A PART OF GOVERNMENT Lot 2, SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AS RECORDED IN CONDOMINIUM PLAT BOOK 84, PAGE 94, OF THE PUBLIC RECORDS OF PlNELLAS COUNTY, FLORIDA, BEING PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXCHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The easement rights granted herein shall be for the purposes of providing public access to and from the mean high water line of the waters of the Gulf of Mexico as it exists upon the date of this grant of easement, or as it may exist from time to time hereafter, and to the beach bordering the mean high water line. GRANTEE shall install and maintain at its sole cost and expense, if not presently installed, a concrete sidewalk, dune walk-over structure, steps as may be required to access the public beach, landscaping and such other surface improvements reasonably necessary, in the sole jUdgment of GRANTEE, to provide public access to Sand Key Beach. PAGE 1 OF 5 /1--- 0 :2/ -0 () (q) I I PINELLAS COUNTY FLA _9~F.REC.BK 9519 PG 737 The easement granted herein shall be for the use and benefit of the GRANTEE and the general public, GRANTEE'S successors, assigns, its invitees, lessees and licensees, including the GRANTOR, its officers, members, employees, agents, invitees and assigns. It is expressly understood and agreed that GRANTOR reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement granted herein. This easement is binding upon the GRANTOR, the GRANTEE, their heirs, successors and assigns. The rights herein granted herein shall be perpetual and irrevocable. IN WITNESS WHEREOF, the GRANTOR has caused this Public Access Easement to be executed in its name by its undersigned duly authorized officers and its corRorate seal to be hereunto affixed this ~ day of (X::(2J k1?- , 19 9~ . -~ Signed, sealed and delivered ~the p~esence of: WI~ 1~ \Je {'O,,\~ (.4 t'\ o..r-\~ "- p~Witness name W NE~ c1~ Si-~\J~ L. S'-t~ Print witness name CABANA CLUB CONDOMINIUMS ASSOCIATION, INCORPORATED By: K~ -;:;~,;.. , Kay Ke win, President Atteo..~)(~.~ Carol Jo s, ecretary STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrumept was acknowledged before me this ~5 day of OC::f7u5.cf!... , 199 ~ by Kay Kerwin, President of CABANA CLUB CONDOMINIUMS ASSOCIATION, INC., a Florida Corporation Not-For-Profit, who, being duly authorized, executed the foregoing instrument on behalf 1said corporation, and acknowledged the execution thereof to be her f act and deed for the use and purposes herein set forth. ~ ~ - OFFiCIAL1\" Notary Public - ~e of Florida NarARy'1iONlc:i~'1JT7~AL l BLIc STATE 0 Type/Print name '/'IICA- /J1~/rJ 1 MY COMMISSION NO F FLORIDA COMMISsION EXP ~C43477S [ ~ Personally Known . AN.23,J~ [VfProduced Identification Type of Identification Produced FL. ]1 L\ PAGE 2 OF 5 I I PINELLAS COUNTY FLA. OFF.REC:~~9519 PG 738 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrume~t was acknowledged before me this ~~ day of Oc:r/J~ , 199~ by Carol Jones, Secretary of CABANA CLUB CONDOMINIUMS ASSOCIATION, INC., a Florida Corporation Not-For-Profit, who, being duly authorized, executed the foregoing instrument on iZhalf of said corporation, and acknowledged the execution thereof to b er free act and deed for the use and purposes herein set forth. I J 1. # ~ I " h ~I ~ . 1-, OFFICIAL NOT;\:,-r"'t~;..,-, "I ~~ ~ VER01>.1jr'i\If,\~I'"'N' I Notary Publi - State of Florida NOTARYPUB{ic~ST~i~F.'~~'FWRIDA Type/Print name Y~nrJ 1c..A mM_f',..J COMMISSION NO. CC4J4775 . /- ~_<x>MMlSSION EXP. JAN. 23, 1999 [~Personally Known [ ] Produced Identification ~ Type of Identification Produced F2.. dJ.. L. PAGE 3 OF 5 " , I I PINELLAS COUNTY FLA. OFF.REC.BK ?519 PG 7~~ EXHIBIT "A" Public Access Easement - legal Descriotion CABANA CLUB CONDIMINIUMS BEING A PART OF THE SOUTH 474.02 FEET OF GOVERNMENT LOT 2 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 19, THENCE NORTH 89004'07" WEST ALONG SAID SECTION LINE FOR 2351.90 FEET \ TO A POINT IN THE WESTERLY RIGHT-OF-WAY OF GULF BOULEVARD (STATE ROAD 699) A 100 FOOT RIGHT-OF-WAY; THENCE NORTH 31058'20" EAST FOR 88.41 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE CONTINUE NORTH 31058'20" EAST FOR 464.90 FEET TO THE BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 5375, PAGE 81, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 89004'07" WEST FOR 396.25 FEET; THENCE SOUTH 86000'08" WEST FOR 84.30 FEET TO A POINT ON THE EROSION CONTROL LINE AS IN BULK HEAD PLAT BOOK 2, PAGE 65, AND ALSO RECORDED IN OFFICIAL RECORD BOOK 5141, PAGE 1590, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 24039'22" WEST ALONG SAID EROSION CONTROL LINE FOR 29~.00 FEET; THENCE SOUTH 68010'45" EAST FOR 100.35 FEET; THENCE SOUTH 20000'14" EAST FOR 7.66 FEET; THENCE SOUTH 65000'14" EAST FOR 16.00 FEET; THENCE SOUTH 24059'46" WEST FOR 4.00 FEET; THENCE SOUTH 65000'14" EAST FOR 41.00 FEET; THENCE NORTH 24059'46" EAST FOR 56.96 FEET; THENCE SOUTH 65000'14" EAST FOR 50.25 FEET, THENCE SOUTH 58001'40" EAST FOR 165.71 FEET TO THE POINT OF BEGINNING (P.O.B.). CONTAINING 3.39 ACRES MORE OR LESS . . I I PINELLAS COUNTY FLA. OFF.REC.BK 9519 PG 740 EXHI.BlT MBn De Diction - Public Access Easement CABANA CLUB CONDOMINIUMS ~09.9)' ( ~'. z..,.' zf"', ... ,oz' ,ItOL LI..t (,05?(?Oo r.0'I.......) :'" (IU~~. ':.~~. ~ .a.; ( uz.oO IZ','" h l.' ),' u" t Zl,.n' eE A~ H ~ BEACH -A- EASEMENT SCALE""'60' \ \ ....... A.o P.o.a. (-- -.-:> GUlF t BOULEVARD .U..O' P.O.e.'":' ~.... ~--)g o .. ~".'" SOV'Nun CORNU Of KCT ION It. TOWNSlal' U SOUTN. RANGE I' EAST 7cn7494:~: .JtT1F '1. -G.q- t :;/~lh .'-\..... .., . ; J: ; .~:-.. .... [11. FA~;-(:AHAr~A LUR FFC{)ROIi..H; ~,. .+- i;~t rOTAJ .~ CHr- Ct\: Ar~fr = Tf r~r;~ r(-: fi: CHANhF~