BAYESPLANDADE.COM, LLC
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:J ~_Qe'ord h o.JJ b#t;hi+,4
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200800870701/09/2008 at 11:13 AM
OFF REC BK: 16112 PG: 1637-1640
DocType:EAS RECORDING: $35.50
Retum to:
Earl Barrett
Engineering Department
CitY of Cl$arw;rter
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200740481112/28/2007 at 12:48 PM '
OFF REC BK: 16101 PG: 1510-1512
DocType:EAS RECORDING: $27.00
-_.._.-._._.~_._-------------'-
I
SUBMERGED LANDS EASEMENT
I
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid, the receipt of which is hereby acknowledged, BAYESPLANADE.COM, LLC., a Florida
limited liability company, 627 Bay Esplanade, Clearwater, Fl. 33767 (herein "Grantor")
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, on behalf of the public in general (herein "Grantee"), perpetual
easement over, under and across the following parcel, lying and being situate in the County
of Pinellas, State of Florida, to-wit:
A parcel of submerged lands lying within fractional Section 5, Township 29 South, Range
15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Southeast corner of a portion of Lot 4, Block 87, MANDALA Y REPLA T
UNIT 5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida,
said point being the Point of Beginning and the northerly riparian line or limits of lands
riparian to said upland, also being the terminus with the waters of Clearwater Harbor of
the northerly right-of-way line of lands conveyed to Grantee in that certain Deed recorded
in Deed Book 715, Page 323 of the public records of Pinellas COUhty, Florida, said lands
now being identified as Bay Esplanade road right-of-way; thence run easterly along
submerged lands extending from said point, 100 feet; thence run southerly along
submerged lands being riparian to and lying along a line 100 feet easterly and parallel to
both the terminus of Bay Esplanade and the easterly upland boundary of that parcel of
land in which title vests in Grantee, said parcel being identified for tax purposes as
Pinellas County parcel 05-29-15-00000-330-0100, a distance of 150 feet; thence run
westerly parallel to the north right-of-way line of Bay Esplanade, as extended, a distance
of 100 feet to a point of connection with the easterly upland boundary of the above
referenced Grantee parcel, thence run northerly along said easterly upland boundary line
of Grantee Parcel and the upland terminus of Bay Esplanade, 150 feet to the point of
beginning, containing 15,000 square feet, more or less, and being depicted in EXHIBIT
"A" appended hereto and by this reference made a part hereof.
Grantor conveys this easement to Grantee for reconstruction of a boat ramp at the
easterly terminus of Bay Esplanade, for other water dependent activities, and for
development of public marine recreational improvements and facilities as Grantee may deem
desirable and in the public interest, and as may be permitted by law.
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Grantee shall have the right to enter upon the above described easement premises
and to construct, install and maintain therein said boat ramp and other permitted
improvements and facilities, and to inspect, alter and replace same from time to time as
Grantee deems necessary.
In consideration of the rights granted herein, Grantee, together with all of its
employees, contractors, agents, invitees and designees agree that all persons entering upon
the Easement by virtue of rights and privileges granted herein shall do so at their own risk.
To the extent permitted by Florida Statutes 768.28, Grantee agrees to hold Grantor harmless
from and against claims, demands, actions, judgments, injuries, damages, costs and
expenses, including attorney's fees, resulting from or related to use of the Easement by
Grantee, all of its employees, contractors, agents, together with any and all parties acting for
or on behalf of Grantee. However, nothing contained herein shall be construed to waive or
modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to
any party hereto. In addition, nothing contained herein shall be construed as consent by the
Grantee to be sued by third parties in any manner arising from this grant of Easement, or as
a waiver of sovereign immunity as applicable. Grantor accepts no liability whatsoever for any
claims for personal injury or property damages of any nature in connection with this grant of
Easement.
Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee
simple estate in and to the premises in which the above-described easement is located; (b)
that Grantor has full right and lawful authority to grant and convey this easement to Grantee
and, (c) that Grantee shall have quiet and pea~ful possession, use and enjoyment of this
easement. All obligations and benefits, both explicit and implied, together with the
covenants, terms, provisions and conditions herein contained shall inure and extend to, and
be obligatory upon the successors and assigns of the respective parties.
The easement herein granted herein shall run with the land. It is intended to bind the
Grantor's property and to benefit the Grantee until such time as the use of the easement
premises is abandoned by Grantee, or upon termination by mutual agreement of the parties.
Each person, firm or entity accepting a conveyance of the Grantor's property or any portion
thereof, shall be bound by the terms, provisions and conditions of this Grant of Easement, as
if said person, firm or entity were original parties hereto.
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LANDS EAS 11.07.07HH.doc
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IN WITNESS WHEREOF, the GRANTOR has caused these presents to be duly
exerted by its pr~Orized and its seal to be hereunto affixed, this
q day of ,2007.
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WITNESS Signature
1) A--re..l~1 A- 11. ~ h 'C e k
Witness' Printed Signature
By:
BAYESPLANADE.COM, LLC,
a Florida limited lia company
,.,/~
William H. Blac
Managing Member
WITNESS Signature
Witness' Printed Signature
STATE OF FLORIDA
COUNTY OF PINELLAS
: sa
was acknowledged before me this 3. day of
, 2007 by William H. Blackwood, as Managing Member of
BAYESPLANADE.COM, LLC, whom, being duly authorized, did execute the foregoing
instrul11ent on behalf of said)fmited liability company for the uses and purposes described
h~ein, a is ho - [vf is pe onally known by me, or who [ ] did provide
- ~ ' as identification.
Notary Public - ~e of Florida
Type/print name A--"t-f'L{C \ A
A <e,,~ec{(
.
My commission expires:
NOTARY PUBllC.STATE OP FLO~
/"'''''''''' PATRICIA A. CHEEK
i ~ E Co~mlsston IDD609981
'~I ~p1ftS: D&C. 15, 2010
Il*IUTDll m.vmCBOllDDlGm._
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LANDS EAS 11.07.07HH.doc
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Scale 111 200 I
This is not a survey
EXHIBIT "A"
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BELLE HARBOR
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPART~ENT
LEGAL SKETCH
100' x 150'
BAY ESPLANADE
DAlE BT-TISP-4I'G
10/18/2007 SUBMERGED LANDS EASEMENT 5-28S-15E
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258A N/A
Submerged Lands
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.... NO.
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1 OF 1
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME, the undersigned authority, personally appeared William H. Blackwood, as
Managing Member of BA YESPLANADE.COM, LLC, a Florida limited liability company, whom, being
first duly sworn, does depose and say:
1. That said limited liability company is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
A parcel of submerged lands lying within fractional Section 5, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Southeast comer of a portion of Lot 4, Block 87, MANDALA Y
REPLA T UNIT 5, as recorded in Plat Book 20, Page 48, public records of Pinellas
County, Florida, said point being the Point of Beginning and the northerly riparian line
or limits of lands riparian to said upland, also being the terminus with the waters of
Clearwater Harbor of the northerly right-of-way line of lands conveyed to Grantee in
that certain Deed recorded in Deed Book 715, Page 323 of the public records of
Pinellas County, Florida, said lands now being identified as Bay Esplanade road right-
of -way; thence run easterly along submerged lands extending from said point, 100
feet; thence run southerly along submerged lands being riparian to and lying along a
line 100 feet easterly and parallel to both the terminus of Bay Esplanade and the
easterly upland boundary of that parcel of land in which title vests in Grantee, said
parcel being identified for tax purposes as Pinellas County parcel 09-29-15-00000-330-
0100, a distance of 150 feet; thence run westerly parallel to the north right-of-way line
of Bay Esplanade, as extended, a distance of 100 feet to a point of connection with the
easterly upland boundary of the above referenced Grantee parcel, thence run
northerly along said easterly upland boundary line of Gran~e Parcel and the upland
terminus of Bay Esplanade, 150 feet to the point of beginning, containing 15,000
square feet, more or less, and being depicted in EXHIBIT "A" appended hereto and by
this reference made a part hereof.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for which
there are unpaid bills for labor or materials against said property, other than those which shall be paid
during the normal course of business, except: (if none, insert "NONE". If no entry, it will be deemed
that "NONE" has been entered)
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LANDS EAS 11.07.07HH.doc
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4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described except easements and restrictions of record, and: (describe, or if none, insert
"NONE". If no entry, it will be deemed that "NONE" has been entered)
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby warranted that there are
no unpaid assessments against the above property for improvements thereto by any government,
whether or not said assessments appear of record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing the CITY OF
CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
SA YESPLANADE.COM. LLC,
a Florida limited liability company
.~
~NESS Signature A () / / J
A-"i(LlCl A LV \1 ~e lL
Witness' Printed Signature
By: .,/~ ~l!'> ;t7
William H. Blackwood, Managing Member
WITNESS Signature
Witness' Printed Signature
d to before me this ( q day of
lL
on taking acknowledgment
\)~'TejC-l A A - C--/~~el L
Type/print/stamp name of acknowledger
,2007.
My commission expires:
H~Y PUPL'C-STATE OF FLORlD4
/},.j:'.:. P1\lRICIA A. CHEQ:
l.) Commission IDD609987
,...,.. Expires: DEe. 15, 201D
BONDEDfJDU.crwmc....aa" ..
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LANDS EAS 11.07.07HH.doc