Loading...
SOVEREIGNTY SUBMERGED LANDS EASEMENT - BOT FILE NO 520365873 - PA NO 52-0428863-001-EIKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2024064696 03/1412024 09:29 AM OFF REC BK: 22734 PG: 55-62 DocType:EASEMENT RECORDING: $69.50 This Instrument Prepared By: Kathy Griffin Action No. 47809 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT EASEMENT NO. 42940 BOT FILE NO. 520365873 PA NO. 52 -0428863 -001 -EI THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Clearwater d/b/a Clearwater Gas System hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, as defined in 18-21.003, Florida Administrative Code, if any, contained within the following legal description: A parcel of sovereignty submerged land in Section 6, Township 30 South, Range 15 East, in Clearwater Harbor, Pinellas County, Florida, containing 217 square feet, more or less, as is more particularly described and shown on Attachment A, dated March 15, 2023. TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from July 28, 2023, the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: 1. USE OF PROPERTY.. The above-described parcel of land shall be used solely for gas pipeline and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection Environmental Resource Permit No. 52 -0428863 -001 -EI, dated May 12, 2023, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. [48] 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 8. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to the Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. Any costs or expenses incurred by the Grantor in removing the Grantee or its property from the easement area shall be paid by the Grantee. All notices required to be given to the Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater d/b/a Clearwater Gas System Attn: Ms. Jacinth. Corcoba 777 Maple Street Clearwater, FL 33755 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in paragraph 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. Page 2 of 8 SSL NO. 520365873 13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(65), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. [Remainder of page intentionally left blank; Signature page follows] Page 3 of 8 SSL NO. 520365873 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESS wall. Ir.. 111LJ aim. al Signature Print/Type N. of Witness 380o CA.nnntatoect 'tea tl OLJ-VZ,sSee1 A 323141 Original Signat 4'e extr Print/Type e of Witness -?j 00 MrrIc) n la a ap aassce , Fi 3259 STATE OF FLORIDA COUNTY OF LEON BY: B ' 'chardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRU • T FUND OF THE STATE OF FLORIDA (SEAL) "GRANTOR" 71 The foregoing instrument was acknowledged before me by means of physical presence this ' — —day of ' '1+Cit1 20a{, by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: /9 577 A 4 y4- 10/25/2023 DEP Attorney Date Page 4 of 8 SSL NO. 520365873 c Public, S . e of Florida Printed, Typed or Stampe My Commission Expires: Commission/Serial No. Countersigned: CITY OF CLEARWATER, FLORIDA d/b/a Clearwater Gas System By: Bri J. Aung. JenniferPoirrier Mayor City Manager Approved as to form: Attest: Michael Funio Assistant City Attorney Page 5 of 8 SSL NO. 520365873 Rosemarie Call City Clerk "GRANTEE" /2023 1:41:04 PM Saved: 3/14/2023 1:10:40 PM LEGAL DESCRIPTION A EASEMENT LYING OAKWOOD DRIVE OVER STEPHANIE'S CHANNEL, PINELLAS COUNTY, FLORIDA, IN SECTION 6, TOWNSHIP 30 SOUTH, RANGE 15 EAST. / oo 4Harpor ."e,' % :lu s / o 3 I�Intlur,„u.,tul—$ 11 ateru.utt i Broken Island 20- / y pNARBOR NUS DR m % '0 Z McKay -Point ` `: /' Church l Creek'Point SURVEYOR'S NOTES: 1. THIS SKETCH WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE", AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J-17.050 THROUGH 5J-17.053, OF THE FLORIDA ADMINISTRATIVE CODE. 2. ADDITIONS OR DELETIONS TO SKETCH BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. THIS SKETCH DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE COMMITMENT, OPINION, OR ABSTRACT. DURING THE COURSE OF THE LEGAL DESCRIPTION AND SKETCH SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL. 4. THE FOLLOWING DOCUMENTS WERE UTILIZED IN THE PREPARATION OF THIS SKETCH: FOR THE FIRM UNDERLYING PLATS OF RECORD OF PINELLAS COUNTY, FLORIDA: WGI, INC. - HARBOR BLUFFS SECTION 4, PLAT BOOK 50 PAGE 40. - HARBOR BLUFF SECTION 3, PLAT BOOK 41 PAGE 44 AND - HARBOR BLUFF SECTION 2 UNIT 8, PLAT BOOK 38 PAGE 58; THE SAME AS MORE SPECIFICALLY DESCRIBED ON THE MAPS. SURVEY TOPOGRAPHIC SURVEY SURVEY PERFORMED BY PINELLAS COUNTY PUBLIC WORKS, SURVEY AND MAPPING DIVISION, DATED NOVEMBER, 2020. SURVEY FILE No.: 1864. METHOD FOR DETERMINING MI-IWL:FDEP REQUEST FOR APPROXIMATE TIDAL DATUM ELEVATIONS. KEVIN MEARS PSM. MEAN HIGH WATER ELEVATION BASED ON NTDE 1960-1978 DATA FOR TIDE STATION 872-6666 ADJUSTED FOR SEA LEVEL RISE AT TIDE STATION 872-6706. 5. THIS SKETCH DELINEATES THE LOCATIONS OF THE LEGAL DESCRIPTIONS ON THE GROUND, BUT DOES NOT DETERMINE OWNERSHIP OR PROPERTY RIGHTS. VICINITY MAP SCALE 1"=100' PREPARED FOR/ CERTIFIED TO: CLEARWATER GAS SYSTEM BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 6. ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM THE PINELLAS COUNTY PROPERTY APPRAISERS OFFICE. 7. COPYRIGHT © 2021 BY WGI, INC. A. GUTT/ \\\ �P�� �OENSE Np��'I1� LS6720 Carlos A D1g1ta1�siynedby Carlos A Gutierrez Date: 2023.03.15 Gutierrez 08:56:33-04'00' By: CARLOS GUTIERREZ, PLS PROFESSIONAL LAND SURVEYOR NO, 6720 STATE OF FLORIDA STATE OF FLORIDA PROJECT: OAKWOOD BRIDGE TASK: GAS EASEMENT THIS IS NOT A BOUNDARY SURVEY PREPARED BY: WGI. 3111 W. Dr. Martin Luther King Jr. Blvd. Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 CAD GAS EASEMENT-03-07-2023.DWG DRAWN/DESIGNED FS CHECKED/QC CG JOB NO. 8425.00 DATE 3/14/2023 SHEET: 1 -3 Attachment A Page 6 of 8 SSL NO. 520365873 23 1:41:13 PM Sa a e LEGAL DESCRIPTION A EASEMENT LYING OAKWOOD DRIVE OVER STEPHANIE'S CHANNEL, PINELLAS COUNTY, FLORIDA, IN SECTION 6, TOWNSHIP 30 SOUTH, RANGE 15 EAST. EAST LINE_ .,-.• OF LOT HARBOR BLUFF SECTION 4 PB 50 PG 40 PARCEL ID: 06-30-15-35802-000-0760 LOT 76 R/W LINE - WATER CLEARWATER HARBOR APPROXIMATE MHW LINE EL=0.74' PU(SEE SURVEY FILE No. 1864. BLIC WORKS, PINELLAS COUNTY) FND X -CUT P.O. C. N:1,299,699.05 E:387,760.05 cY O CD CONCRETE SEAWALL GRASS CONCRETE SEAWALL GRASS ST LINE OF LOT HARBOR BLUFF SECTION 2 UNIT B PB 38 PG 58 PARCEL ID: 32-29-15-35748-010-0260 LOT 26 BLOCK J /W UNE v OAKWOOD DRIVE �' CONCRETE SEAWALL N60'23 58 "W (B.0.B.) P.O.B. c N:1,299,633.29 cy 33.68' S57'58'12 E R/W LINE LOT 1 PARCEL ID: 06-30-15-35802-000-0010 HARBOR BLUFF SECTION 4 PB 50 PG 40 EAST LINE OF LOT Line Table Line # Length Direction L1 7.02' S15°20'29"E L2 7.18' N77°10'59"E GROSS L2 OAKWOOD DRIVE DGE OF PAVEMENT C1 EASEMENT C2 ONCRETE SEAWALL GRASS L1 R/W LINE-\ APPROXIMATE MHW UNE EL=0.74' (SEE SURVEY FILE No. 1864. PUBLIC WORKS, PINELLAS COUNTY) CLEARWATER HARBOR WATER 0 15 30 LOT 1 BLOCK Al PARCEL ID: 06-30-15-35766-X1_4 3 HARBOR B4 PSEC 3 ST LINE OF LOT SCALE: 1" = 30' 60 Curve Table Curve # Length Radius Delta Chord Chord Bearing C1 38.26' 1192.58' 001°50'17" 38.26' S59°43'32"E C2 48.52' 1197.58' 002°19'17" 48.52' N59°43'13"W PROJECT: OAKWOOD BRIDGE TASK: GAS EASEMENT THIS IS NOT A BOUNDARY SURVEY PREPARED BY: WGI. 3111 W. Dr. Martin Luther King Jr. Blvd. Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 CAD GAS EASEMENT-03-07-2023.DWG DRAWN/DESIGNED FS CHECKED/QC CG JOB NO. 8425.00 DATE 3/14/2023 SHEET: 2 -3 Attachment A Page 7 of 8 SSL NO. 520365873 LEGAL DESCRIPTION A EASEMENT LYING OAKWOOD DRIVE OVER STEPHANIE'S CHANNEL, PINELLAS COUNTY, FLORIDA, IN SECTION 6, TOWNSHIP 30 SOUTH, RANGE 15 EAST. A 5.00 -FOOT -WIDE STRIP OF SOVEREIGN SUBMERGED LAND LYING IN A PORTION OF CLEARWATER HARBOR, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER LOT 76, HARBOR BLUFFS SECTION 4, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 40, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 29°36'02" WEST, 54.74 FEET; THENCE SOUTH 57°58'12" EAST, 33.68 FEET TO THE POINT OF BEGINNING LYING ON THE SEAWALL ALSO BEING THE MEAN HIGH WATER LINE; THENCE ALONG THE ARC OF A NON -TANGENT CURVE HAVING A RADIUS 1,192.58 FEET, A LENGTH OF 38.26 FEET AND A CHORD BEARING OF SOUTH 59°43'32" EAST, TO A POINT IN THE SEAWALL ALSO BEING THE MEAN HIGH WATER LINE; THENCE ALONG THE SEAWALL IN THE MEAN HIGH WATER LINE, SOUTH 15°20'29" EAST, 7.02 FEET; THENCE ALONG THE ARC OF NON -TANGENT CURVE HAVING A RADIUS OF 1,197.58 FEET, A LENGTH 48.52 FEET AND A CHORD BEARING OF NORTH 59°43'13" WEST, TO A POINT OF NON -TANGENCY, IN THE SEAWALL AND SAID MEAN HIGH WATER LINE; THENCE ALONG THE SEAWALL IN THE MEAN HIGH WATER LINE, NORTH 77°10'59" EAST, 7.18 FEET TO THE POINT OF BEGINNING. CONTAINING 216.96 SQUARE FEET OR 0.005 ACRES, MORE OR LESS. APPROVED By Marcus Ashman at2:18 pm, Mar 1$ 2023 ABBREVIATIONS: CL= CENTER LINE B.O.B= BASIS OF BEARING LB = LICENSED (SURVEY) BUSINESS ORB= OFFICIAL RECORD BOOK PLS = PROFESSIONAL LAND SURVEYOR P8= PLAT BOOK PG= PAGE P.O.C.= POINT OF COMMENCE P.O.B.= POINT OF BEGINNING N= NORTH S= SOUTH E=EAST W=WEST RNV = RIGHT OF WAY MHW= MEAN HIGH WATER PROJECT: OAKWOOD BRIDGE TASK: GAS EASEMENT THIS IS NOT A BOUNDARY SURVEY PREPARED BY: WGI. 3111 W. Dr. Martin Luther King Jr. Blvd. Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 CAD GAS EASEMENT-03-07-2023.DWG DRAWN/DESIGNED FS CHECKED/QC CG JOB NO. 8425.00 DATE 3/14/2023 SHEET: 3 -3 Attachment A Page 8 of 8 SSL NO. 520365873