21-08RESOLUTION NO. 21-08
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A BOARDWALK EASEMENT FROM NESC, LLC,
FOR THE GENERAL PUBLIC USE AND MAINTENANCE OF A
BOARDWALK AT 443 EAST SHORE DRIVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, as a prerequisite to development of the subject property, the City of
Clearwater requires a boardwalk easement from NESC, LLC for general public use and
maintenance of the boardwalk; and
WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept
said grant of easement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby accepts the Boardwalk
Easement, a copy of which is attached hereto and incorporated herein as Exhibit "A" to
Resolution 21-08
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of f'7Lvc) , 2021.
Approved as to form:
Michael Fuino
Assistant City Attorney
Frank Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution No. 21-08
EXHIBT A TO RESOLUTION 21-08
Return to:
Rob :Brzak
Engineering Departs ent
City of Clearwater
P: O. Box 4748
Clearwater; FL 33758-4748
BOARDWALK EASEMENT
THIS' BOARDWALK .EASEMENT (the 'Easement"). is entered. into this day of
, 20_ , by and between NESC. LLC, a Delaware limited liability company, whose
mailing address .is do Norwic h.Pariners of Sanibel, 500 Sawgrass .Place, Sanribel, Florida 33957 rGrar* ?),
and the CITY OF CLE.ARWATER-, FLORIDA; a Florida Municipal Corpoiation,.whose making. address is 800
Cleveland Street, Ste. 600, Clea water, Florida 33755 ("Grantee").
WHEREAS, Grandee entered into that certain Development Agreement (the "Development
Agreernentl with. Louis Developments LLG, a. Florida limited liability. company (the. "Developer~) dated July
27; 2012 and recordedin O.R. Book 1 i66B,.:Page 1:833; Public Records of Pinellas County, Florida;.and
WHEREAS, Gram is the successor to the .Developer and Grantee and Grantor entered. into that
certain Amendment. to Development Agreement dated January 22; 2018 and recorded In Q.R. Book 20412,
. Page 2230, Public Records of Pinellas County, Florida; and
WHEREAS, Paragraph 6.2.3 of the. 'Development .Agreement contemplates that. Developer will
construct and maintain a board Walk (the °Boardwalk') and th perrnit the.general .public to use the Boardwalk
and further.contemplates that Developer .grant an .easement in favor of Grantee at the north 'end of the
Boardwalk so as to connect.the. Boardwalk to East Shore Drive; and
WHEREAS, Grantor. and Grantee have: agreed to the terms of the Boardwalk Easementas set forth
herein;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum Of Ten Drillers. ($10.00) in hand
paid,the' receipt of which is hereby acknoviledged, and the bettefts to be derived there from, Grantor does
hereby grant and .convey to: the Grantee, its Geensees, agents, successors and assigns a non-exclusive
easement over, under, across` and: through the following .described land lying and being situate in the County
of Pinellas, State of Florida, to wit
See. Composite Exhibit A appended hereto and by this reference made a part hereof
("Easement Premises")
1. .Recitals. The above .recitals are accurate, true and correct and are incorporated herein by
reference.
2. Usa. The Boardwalk shall be constructed over and upon 'the. Easement Promises and the
general public shall. be permitted to enter upon, exit and traversethe Boardwalk' atall times. The Grantee
shall have open. and unobscured access to the Easement Premises and therefore the Grantee shall not
encroach the Easement'Premises with any private uses.
3. Upkeep and Meir)tr.. The general, daily and regular upkeep. and maintenance of the
Boardwalk shall'be-the duty and responsibility of the Grantee. Alt structural upkeep,. maintenance; and
replacement Of the Boarrlsvalk shall be the duty and responsibility of the Grantor,
4. Warranties: Grantor warrants and covenants with Grantee that Grantor is the Owner of fee
simple title to the herein described Easement Premises. and that Grantor has full right and lawful authority to
grant and convey this easement to .grantee, and that Grantee shall halm 'the nor.-exduslve, limited moose
quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor
reserves stl rights of ownership of the Easement: Premises not inconsistent. with the easement fights granted
herein.
5. indemnity. Granteehereby indemnifies and agrees to defend, at Grantors• option, and hold
harmless Grantor, its successors and assigns, and its/ their directors, officers, employees, agents,
stockholders, and affiliates, from and against any and ail claims for :injury; death, and damage brought kr.
connection with the use of the Boardwalk by the general pthlic at targe; provided, however, that this
inderinficabon and hold harmless agreement shall not relieve Grantor of any liability for its negligence in
maintaining the. Boardwdk; .or any willful or wanton acts by Grantor or those under the authority. or control of
Grantor. In the event that Grantor elects for Grantee to defend Grantor, Grantee will not settle any claire or
action without tast:obtaining the written consent of Grantor. All expenses incurred by Grantor to enforce this
indemruficalon, and all costs of defending any third party claims or actions brought.againat the Grantor
pursuant to this. Easement will be the sole. responsibility of the Grantee. Nothing herein shall be construed as
consent by the Grantee to be sued- by third parties, or as a waiver or modification of the provisions. or limits of
Section768.28, Florida Statutes Or the Doctrine. of. Sovereign Immunity.
8. Relocation. In the event Grantor, its successors or assigns, should ever determine it
rosary to relocate Grantee's Boardwalk coriStructed within the Easernent Premises to facilitate further
development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns,
in consultation with and upon. approval of. Grantee, shall provide an alternate easement for the Boardwalk
constructedwithin the Easement Premises, and shall at.Grantor's sole costand expense reeonstnu t the
Boardwaik within the alternate easement. Upon complation of the Boardwalk relocation Grantee shall. cause
this easement to be vacated arid: eviden a of vacation .dt Iy regarded in the public records of Pinellas'Cotinty;
Florida.
7.. Successors and Assigns. This easement is binding upon the Grantor; the Grantee, their heirs,
successors and assigns. The tights granted herein shall be perpetual and. irrevocabieand. shall run with the
lend, exceptby the Written mutual agreement of both parties, or by abandonment of the Easement Premises
by Grantee:
SIGNATURE PAGE .FOLLOWS
th* day of
lariN WiTNE the undersigned orantor has caused these presents to be duly executed
Liesty , 2607 .
Signed, sealed and delivered
in the presence of:
Witness signatUre
zeire4giev
Print
Witness signature
t.taiNI`CXEAA
Print witness name
STATE OF FLORID
COUNTY OF PINEIgleAS.
: SS
NESC U_C, a Delaware. limited liability
company, Grantor
Signature of Officer
OfiAel
Printed Nome & Title of (Ace
Before me, the Understined authority, personally 'appeared an officer of NESC LLC, anelEiware limited
liability.tompany, Whoexecuted thefOregoing Inst. -1.4110M, arid vvho acknowledged theeXecution thereof tO be
his/her *Oa actand .deied personally,. for the use and purposes herein set forth, and who ik is:personally
known to me, or who. [ produce as identification.
DUSTIN DARIAN.O
$tsto of Florida -Notary Publi
17 C.Orantieskin .N aa.)70505
My •CoMmissicin Expires
.D•GeMber 25. 2021.
fiend
My commission expires: aps-/
Signed, sealed and delivered
in the presence cif:
1e
ti
naturet4 two Ai -
Print witness name
Witness signature
/Ai NONI4oki,Lo
Print witness name
STATE OF FL DA
ss
COUNTY WP1Nt:I:10
NESC LLC, a Delaware limited liability
company, Grantor
Before me, the undersigned authority, personally appeared an Officer of NESC LLC, a Delaware limited
liability company, who executed.the foregoing instrument, and who acknowledged thenXedukri thereof tabe
hls/her free act'and .deed personally, for. the use and purposes herein set forth, and who la Personally
known to me, Or what "did produce . as -identification.
Notary Public- State of Florida
&4iVk osr ottes,Z
Type/Print Name
1
.D U STI N. DAR I ANO
State of Fioridi-Notary Poi)
P 411 s- Commission... GO 170e05
s My Commission Expires
[December 25, 2021
My commission expires: la- CM -1
0:16.1/419rwijoh.Fierblers1443 Exist Shorslifloardwaik:EaSemenfiBocirdwilk Easement yiti.docs
THS IS tiff A SURVEY.
1111E IMS * MNROIIIL 111110:03115 MINIM VS PROFILIST
'REQ IIw It POUND N WE PLOW MGM OF 1111 Od$AY.
EXHIBIT A
SEC. 8. TWP. 29S.. RNG. 15 E.
PINELUS COUNTY, FLORIDA
DESCRIPTION:
A PORTION THAT CERTAIN PARCEL OF LAND AS DESCRIBED AND RECORDED IN
OFF)CIAL RECORD BOOK 20161. PAGE 2669, PUBLIC RECORDS OF PIVELL AS
COUNTY. FLORIDA. BEING LOTS 8. 9. 10, 11 AND 12, BLOCK C. A REPLAT OF
BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK 'Be OF CLEARWATER BEACH PARK
FIRST ADDITION. AS RECORDED IN PLAT BOOK 21. PAGE 21. OF SAID PUBLIC
RECORDS, TOGETHER WITH ALL LAND AND SUBMERGED LANDS LYING EAST OF SMD
LOTS. BEING BOUNDED ON THE EAST BY THE WESTERN BOUNDARY OF THE
CHANNEL IN CLEARWATER BAY. LYING IN SECTION 8. TOWNSHIP 29 SOUTH. RANGE
15 EAST, PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE N90100'00"E.
ALONG THE NORTH UNE OF SAO LOT 8, A DISTANCE OF 130.59 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N90'00100'1E, ALONG SAID NORTH UNE
AND ITS EASTERLY EXTENSION. A DISTANCE OF 7.04 FEET; THENCE S83'42'36"E, A
DISTANCE OF 8.00 FEET; THENCE SO6.03'36"W. A DISTANCE OF 56.54 FEET;
THENCE S06'20'25"W, A DISTANCE OF 244.96 FEET; THENCE S23'24'47"E, A
DISTANCE OF 13.48 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE
SOUTH UNE OF SAID LOT 12; THENCE N90'00'00144 ALONG SAID EASTERLY
EXTENSION. A DISTANCE OF 21.82 FEET; THENCE N06'20'25"E. A DISTANCE OF
259.04 FEET; THENCE N06'03'36"E. A DISTANCE OF 55.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4,760 SQUARE FEET. (0.109 ACRE), MORE OR LESS
1. X101 POR TIM SOON OF D'1011 ME EASED OK 1111 NORM LIE GF LOT 0. BOCK C. A RHILAT OF SOCK'' MD MS 1 10 15 NCL !LACK
Y OF CURNME61 LEACH PNMT .— ADDIIKIL AS N 111) N PUO NOOK 21. PAM 21. OF 1I FOLIC RECORDS OF PPWIAS COMFY. FLORIDA.
NUNS A SWANS OF NORODOM
2. AMNIONS OR DIRIMONS 10 SUM WOW OR IMPORTS IN 0051 11W1 VIE SWIM PIIRIY OR FARMS 11 PROILIMED.
3.111 MUCK OF DHCR♦PRON IS WAND ON U.S. SURMt Fat
4.111 SPEWS OF OEICEIPIEW WAS PREPARED !SMUT its EMIT OF AN MOM' OF 111LE M1 MY LE SUBJECT W EASELIENIS,, IESUMI.'IIONS.
110111S -OF -*r AND 01111 LIMENS OF MORD. VE 010IE1Y AS Mane 511 11E IMPORO® DOCl»*10S M: INN® I5MPI M1 11 SUB.T 10 AN
AACURIgE RED SOUND/Ry MAISI *.
EIS SOUTH HERCULES AVEMUE
DEUEL &ASSOCIATES CLEARWATER 784
nais.
W.%F OEUEENGIMEERIN6 COM
111 DolalNaIlli D valour 1
1E
SIONIgUIs A01110144L WISED
SM. A
RONDA UCL915W SURVEYOR MD WAPPIR.
CERTIFICATE OF AUTNORQA7ION NUMBER 2.1320
,�
N w.s ewemezir. ...° 5 w+o 1.. ,: , LICENSED BUSINESS NUMBER 107
.oRlc poini 2021-2
SKETCH OF DESCRIPTION
455 EAST SHORE DRIVE
/AA
DANA A. WALE, 5874 cat OF 131311111131
CLEARWATER
PIAIEA
Jan 18 2021 — 3:37pm X\CAO Projects\Projects\2021\2021-2 455 East 5 CM\Sulvsy\Acad\2021-2—LS1 dwg
DAM 1/111/2M1
ORM* WC
SCALL NO SCALE
OMT N0. 1 OF 2
1
1
m
rrr
8.
1
z
rvi
EAST SHORE DRIVE:,
60' RIGHT-OF-WAY(P)
e
EASTUNE
OF BLOCK C
I ° CI
A RENA' OF. BLOCK nA" AND LOTS1 To
15 NCI., BLOCK "Er i0F.' CLEARY/ATER
BEACH. PARK' FIRST ADDM9N:
(pa 21, PO 21).
1-
1
08
SUBMERGED
LANDta.)
259.
4..no sQuARE FEET
(O.ioo* ACRE)
808•201251, 244.98'
CLEARWATER HARBOR)
8
1
•••••••••••• ••••••••••••
5 44
co 5
0
to
NO81151.381'4
5.79'
SUBMERGED
,S08603.381r
58.54'
LANDso
TEAS IS tiff A SURVEY. SEC. 8. TWP. 29 S.. RNG. 15 E.
MIAS COUNTY. RMA
WINE WA' SE COMM (Id7wcpoNS AMMO MS PROPS IY
THIO WY SE FOUND M 111E PUNIC 1100131 Of TMs COUNIT.
DESCRIPTION:
A PORTION THAT CERTAMI PARCEL OF LAND AS DESCRIBED AND RECORDED IN
OFFICIAL RECORD BOOK 20161, PAGE 2669. PUBUC RECORDS OF PINELLAS
COUNTY. FLORIDA, BEING A PORTION OF LOTS 8. BLOCK C. A REPLAT OF BLOCK
we AND LOTS 1 TO 15 INCL BLOCK "B' OF CLEARWATER BEACH PARK FIRST
ADDmON. AS RECORDED IN PLAT BOOK 21. PAGE 21. 0f SAD PUBUC RECORDS.
TOGETHER WITH ALL LAND AND SUBMERGED LANDS LYING EAST OF SAID LOT 8,
BEING BOUNDED ON THE EAST BY THE WESTERN BOUNDARY OF THE CHANNEL IN
CLEARWATER BAY. LYING IN SECTION 8. TOWNSHIP 29 SOUTH. RANGE 15 EAST.
PINE LLAS COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE N90'00'00"E. ALONG
THE NORTH UNE OF SAID LOT 8, A DISTANCE OF 130.59 FEET; THENCE
DEPARTING SAID NORTH UNE S06'03'36"W. A DISTANCE OF 5.03 FEET; THENCE
N90'00'OO"W. A DISTANCE OF 130.63 FEET TO A POINT ON THE WEST UNE OF
SAID LOT 8; THENCE N06'29'00"E, ALONG SAID WEST UNE. A DISTANCE OF 5.03
FEET TO THE POINT OF BEGINNING.
CONTAINING 653 SQUARE FEET. (0.015 ACRE) MORE OR LESS
tialZat
1. WIN11113 PCR 11SS SKIM OF O11S11IPRO11 Alt BASED ON TIE MORIN LINE CF LOT B. EL= C. A 1413110 OF BLOCK W' AND LOPS 1 TO 15 IICL BLOC(
Y OF CLEARMr 3 BSACH PARK FIRST AMMON. AS RECORDED M PLAT BOOK 21. PARE 21. OF 111E PUSUC RECORDS OF PII®LAS COUNTY. ltOROA.
IMNAIO A IMO OF IIE011E0 t
2. MONDE OR DEMONS TD SURVEY MM'S OR INFORM ED 0335 TWIN 111E STONED PARTY OR PARRS E P3001135.
A 1114 SIMI OF 11111011501 D BREED ON U.S. SUNNY PEST.
4. DVS SIMI OF O SCEPEDII MIS PI ENNE VENOU T 11E 113351f OF AN ABSTRACT OF ERE AND MY BE SUIJE T 10 INSINEMIL RESTRICTIONS.
1111111111 -0E -WAY A11D BILK! WADE OF MOID. 1111 OEOMETIff AS OESCIEED ON THE MOWED DOCUMENTS AS NODI 11I10I MD IS STAT 10 11
AMR= Poo 1111' SUNArf.
DEUEL &ASSOCIATES
ectwesun Et:6tM.'�R�. LANDS:mvEY:1(15 l+w0RJWr.
MIS SOUTH HERCULES AVENUE
CLEARWATER. FL33764 1100 DOCUMENTa NOT WEDLIIRIOUR THE
PbIONII 72722221st IONE AID ORIUMML WISED SPA. OF A
AWN OEUELD�GINEDtllK. cow ROW LICENSED SURVEYOR OR AID wens.
CERTIFICATE OF AUTHORIZATION NUMBER 26320
!SENSED MESS NUMBER 107
WORK 011014 2021-2
SKETCH OF DESCRIPTION
455 EAST SHORE DRIVE
CLEARWATER
COY OF CLORE= FLORIDA
Jan 18. 2021 - 5:38pm X:\CAD Projects \Projects\2021\2021-2 455 East +ore Sr Clw\furveY\Acad\2021-2-LS2.dwg
DATE 1/1l/2021
DRAM UM
SCALE NO SCNE
SIFT N0. 1 Cr 2
Nizneffse
1
EAST SHORE DRIVE(P)
80' RiGHT—Or—WAYM
L lo
A REPLAT OF BLOCK "A" ARD •LoTS 1 TO
tNCL BLOCK *-8" OP cLERWATER.
8EAcH PARK FiRsi AoomoN
(pa 21, PG 21)
I
r-
0
NOinte00
a.oa'
wEsr uric
OF LOT 8
OCil
0
5.00'
8
3
OPEALiciorj7\j=800.03!361,
6.03'
CLEARWATER HARSOR(p)
s a
co
o .•
• g
10,4
••••••••
IN