DECADE SEA CAPTAIN LLCKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2026274040101151202610:34 AM
OFF REC BK: 23724 PG: 757-763
DocType:EASEMENT RECORDING: $61.00
D DOC STAMP: $0.70
This Instrument Prepared By:
Matthew J. Mytych, Esq.
City of Clearwater
City Attorney's Office
P.O. Box 4748
Clearwater, FL 33758
Parcel No. 08-29-15-00000-320-0300
Property/Easement Address: 40 Devon Drive, Clearwater, Florida 33767
Recording Data Above
DRAINAGE AND PUBLIC UTILTIY EASEMENT
The undersigned landowner, DECADE SEA CAPTAIN LLC, a Florida limited liability
company, whose principal address is 40 Devon Drive, Clearwater, Florida 33767 ("Grantor"), for
and in consideration of the sum of Ten Dollars and 00/100 Cents ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby "grant", bargain,
sell, and convey unto the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation, whose address is P.O. Box 4748, Clearwater, Florida 33758 (the "City"), and its
successors and assigns, a perpetual and irrevocable fifteen (15) foot Drainage and Public Utility
Easement (this "Easement") upon the following -described lands (the "Easement Area") located in
Pinellas County, Florida:
See Exhibit "A" attached
This Easement allows the City the right to access, construct, and maintain drainage,
stormwater, public utilities, and any related structures or facilities for use by the City, but in no way
does this Easement convey the fee simple title of the Easement Area to the City. This Easement is
only for the uses and purposes stated herein. In the event the City abandons the use of this Easement
for the stated purposes, all right, title, and interest granted herein shall immediately revert to the
Grantor or the Grantor's successors in title.
J
Grantor warrants ownership of fee simple title to the Property, and that Grantor has full right
and lawful authority to grant and convey this Easement to the City free from encumbrances or liens.
Further, Grantor guarantees the non-exclusive, quiet, and peaceful use and enjoyment of this
Easement, and that no structures, landscaping, or other objects that would impede or obstruct
drainage, or otherwise interfere with the operation of the City's utilities will be placed in the
Easement Area.
Notwithstanding the foregoing, the City and Grantor have agreed that Grantor's principal
structure being a hotel commonly known as the Charthouse Hotel located at 40 Devon Drive,
Page 1 of 7
Clearwater, Florida 33767 may be located within the Easement Area as depicted in Exhibit "A" on
page 7 of this Agreement. The areas of encroachment depicted on Exhibit "A" are represented by a
square that is marked as "CONCRETE FOOTING ENCROACHMENT" and by an unmarked
slender rectangle located above the square on the page. Grantor'acknowledges and understands that
in order to maintain the drainage infrastructure existing in the Easement Area, the City may from
time to time have to perform maintenance, repair, and other work associated with such infrastructure
("Work") in the Easement Area that could impact Grantor's principal structure. The City covenants
and agrees that in the event it has to perform Work in the Easement Area that it will use reasonable
best efforts and caution to minimize any potential damage or harm to the principal structure, but
some damage may be unavoidable. Grantor agrees that the City shall only be liable to Grantor for
damage caused to the principal structure attributed to the sole negligent acts or omissions of the
City in performing Work. Nothing herein shall be construed as consent by the City to be sued by
third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes
or the Doctrine of Sovereign Immunity.
(SIGNATURE PAGE TO FOLLOW)
Page 2 of 7
14
I WITNESS WHEREOF, Grantor has hereunto set its hand and seal this 8 day
of , 2026.
Signed, sealed, and delivered in the presence of: D E SEA CAPTAIN LLC,
*Note: two witnesses are required*
Witness #1 S' • ature
Print Name: Sri 1e
Address • /
C
// '
337
Witness • .g na e
Print Name: .e 04_0 ///
Address: ?a c�c� C.4,_56AilAko
STATE OF
)
COUNTY OF 'B i►e11QS
a F ,.rid.. limited i bility company.
By:
Print
Title:
Date:
The foregoing instrument wA acknowled d efore me by means of Lr . hysical esence or ❑
online notarization, this day of U be , 2 1.. 6 by `. �i
of DECADE SEA CAPTAIN LLC
fthkelas
who i ally known to me
or 0 who has produced as identification.
(NOTARIAL SEAL)
Notary Public, St
Name of Notary: 40. )� j
My Commission Expires: , - - tool I
My Commission No.:
Page 3 of 7
....... CHRISTINE ANN BOTTLER
Notary Public - State of Florida
4e Commission # HH 746504
,.....° My Comm. Expires Mar 27, 2030
Bonded through National Notary Assn.
EXHIBIT "A"
SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
LOCATION MAP
(NOT TO SCALE)
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS A TRUE REPRESENTATION OF A
SKETCH AND LEGAL DESCRIPTION, PREPARED UNDER MY DIRECT SUPERVISIOfY.t1L ' Tri,,
THE INTENT OF THE STANDARDS OF PRACTICE AS SET FORTH IN CHAPTER 5j�'i 8 -0I ?.
j1�
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATU‘%.-7,4saiFuci"•.flip
WILLIAM C. WARD
PROFESSIONAL LAND SURVEYOR NO. 4815
STATE OF FLORIDA
WCWPLS4815@HOTMAIL.COM
NOT A BOUNDARY SURVEY
Sketch to Accompany Legal Description
1-15-26
DATE
*:
-o
STATE ,OF
.n
.'•
'h.,n[s..%'
NO 4'815 i
'o 4.
BEARINGS SHOWN HEREON ARE BASED ON
THE DEED OF RECORD (PLAT)
SEA CAPTAIN HOTEL 15' DRAINAGE EASEMENT
TERRA ".1 ET
, LLC
SURVEYING - PLANNING - MAPPING
State of Flonda LB No. 8168
225 1ST AVE, S., SUITE 2610, ST PETERSBURG, FL 33701 813-817-1115
DRAWN BY:
MW
APPROVED BY:
WCW
DATE:
1-22.225
FILE , LOCATION:
25003.DWG
JOB NUMBER:
25003 1 5HE.ET NO.: 1 OF 4
Page 4 of 7
SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
LEGAL DESCRIPTION:
COMMENCE AT THE SOUTHWEST CORNER OF WATER LOT 1, CITY PARK SUBDIVISION, AS
RECORDED IN PLAT BOOK 23, PAGE 37, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE WEST,, ALONG THE EAST AND WEST CENTERLINE OF SAID SECTION 8, A DISTANCE OF
15.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF CORONADO DRIVE; THENCE S.05°32'30"W.
ALONG SAID EASTERLY RIGHT-OF-WAY OF CORONADO DRIVE, A DISTANCE OF 116.26 FEET TO
THE NORTHERLY RIGHT-OF-WAY OF FIRST AVENUE (DEVON DRIVE); THENCE S.84°27'30"E.
ALONG SAID NORTH RIGHT-OF-WAY OF FIRST AVENUE (DEVON DRIVE), A DISTANCE OF 99.92
FEET TO THE SOUTHWEST CORNER OF THE SEA CAPTAIN HOTEL PROPERTY; THENCE CONTINUE
S.84°27'30"E. ALONG SAID NORTH RIGHT-OF-WAY OF FIRST AVENUE (DEVON DRIVE), FOR
222.92 FEET TO THE POINT OF BEGINNING; THENCE N.05°32'30"E., A DISTANCE OF 14.21
FEET; THENCE N.70°42'12"E., A DISTANCE OF 51.35 FEET; THENCE N.05°11'16"E., A DISTANCE
OF 112.43 FEET TO THE MEAN HIGH WATER LINE OF CLEARWATER HARBOR; THENCE ALONG
SAID MEAN HIGHWATER LINE, SOUTHEASTERLY ALONG THE ARC OF A NON TANGENT CURVE
COCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 210.97 FEET, A CENTRAL ANGLE
OF 05°05'24", AN ARC LENGTH OF 18.74 FEET, AND A CHORD BEARING AND DISTANCE OF
S.48°00'00"E., 18.74 FEET; THENCE LEAVING SAID MEAN HIGHWATER UNE, THENCE
S.05°11'16"W., A DISTANCE OF 110.85 FEET; THENCE S.70°42'12"W., A DISTANCE OF 62.44
FEET TO SAID NORTH RIGHT OF WAY LINE OFFIRST AVENUE (DEVON DRIVE); THENCE ALONG
SAID RIGHT OF WAY LINE, N.84°27'30"E., A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2566.2 SQUARE FEET MORE OR LESS.
NOTA BOUNDARY SURVEY
Sketch to Accompany Legal Description
BEARINGS SHOWN HEREON ARE BASED ON
THE DEED OF RECORD
SEA CAPTAIN HOTEL 15'
DRAINAGE EASEMENT
TERRAE .•, ;3'r
r`
LLC
SURVEYING - PLANNING - MAPPING
State of Florida LB No. 8168
225 1ST AVE, S., SUITE 2610, ST PETERSBURG, FL 33701 813.817-1115
DRAWN BY:
AAW
APPROVED BY:
WCW
DATE:
1-22-25
FILE LOCATION:
25003.014
JOB NUMBER:
25003 1 SHEET NO.: 2 or 4
Page 5 of 7
SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
POG
SW CORNER OF
I WATER LOT 1
15.00'
1•—'-
i WEST
W I
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EE N I
0 .-1
O 1
4:r iu 0 z i�z
1zo W.
<
0
Z o 1) -!?O z igo
cc
V ° a I
I
FrI
0
toI
z
SEA CAPTAIN HOTEL
PID: 08-29-15-00000-320-0300
40 DEVON DRIVE
8 STORY HOTEL STRUCTURE
NORTHERLY LIN • — • — .•
564 °27'30 E 222.92'
17-
OF FIRST AVE. DEVON DRIVE
(60' Rim
(FIRST AVENUE - PLA.)
NOTA BOUNDARY SURVEY
Sketch to Accompany Legal Description
POB
MATCH POINT
SEE SHEET 4 OF 4
BEARINGS SHOWN HEREON ARE BASED ON
THE DEED OF RECORD
SEA CAPTAIN HOTEL 15' DRAINAGE EASEMENT
TERRAM ET
, LLC
SURVEYING - PLANNING - MAPPING
State of Florida LB No. 8168
225 1ST AVE, S., SUITE 2610, ST PETERSBURG, FL 33701 813-817-1115
DRAWN BY:
MW
APPROVED BY:
WcW
DATE:
1-22-25
FILE LOCATION:
25003.DWG
JOB NUMBER:
25003
5HEET NO.: 3 OF 4
Page 6 of 7
0'
SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA 'N.•
MEAN HIGH
WATER LINE
20' 40'
SCALE 1" = 20'
CURVE TABLE
CONTAINS
2566.2 SQ. FT.
0.0589 ACRES
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
210.97'
18.74'
05'05'24"
S 48'00'00" E
18.74'
POB
SEA CAPTAIN HOTEL
PID: 08-29-15-00000-320-0300
40 8 STORY HOTEL DRIVEN
STRUCTURE
N 05'32'30" E
14.21'
MATCH POINT
SEE SHEET 3 OF 4
_584°27:30"E 222.92'
CONCRETE FOOTING
ENCROACHMENT
<IN 07
0.90'12';;
\Z ;ex
10 • _,
•
1 •Eu,12 N
�ii IO a2
N 842730" W
NOT A BOUNDARY SURVEY
Sketch to Accompany Legal Description
ii
•
w
U
w
OD
w
BEARINGS SHOWN HEREON ARE BASED ON
THE DEED OF RECORD
SEA CAPTAIN HOTEL 15' DRAINAGE EASEMENT
TERRAM T
1
,LLC
SURVEYING - PLANNING - MAPPING
State of Florida L8 No, 8168
225 1ST AVE, S., SUITE 2610, ST PETERSBURG, FL 33701 813-817-1115
DRAWN BY:
APPROVED BY:
DATE:
FILE LOCATION:
MW
WCW
1-22-25
25003.DWQ
JOB NUMBER: 25003
Page 7of7
SHEET NO.: 4 OF 4