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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 > I 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