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CLEARWATER ISLAND BRIDGE COMPANY .. .-", ~-~---~ , " "'1l. ' ... ~ '," , ..~... '" THIS INDENTURE Made thi s 17th day of May, A. D. 1917, between the CLEARWATER ISLAND BRIDGE C01~ANY, a Corporation duly incorporated under and by virtue of the laws of the state of Florida, and having its principal ofi'ice and place of business in the City of Tampa, Hillsborough County, State of Florida, "-''''''party ol~~the- i'rr'~rf-"-p-art -;--8iiatlie "ClTY.OF'-(fL~AR\i~fATER;a1funicipal Corporation, situated in ?inellas County, State of Florida, party of the second part; WITNESSETH: That the said party of the first part, for and in consideration of the sum of TEN THOUSMJD ($10,000) DOLLARS lawful money of the United States of America to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns forever, the following described lot, tract or parcel of land situated, lying or beIng-in the dOunti-01:P'ineITas and StateP of Flor ida, to-wit: BEGINNING on the shore of the Gulf of Mexico at a point where the North line of the tract of land designated as "Clearwater City Park" on a plat of Clearwater Beach as the same is recorded in the Land Records of Pinellas County, Florid, if prolonged West would intersect said Gulf shore; thence run southerly alJng said shore line Four Hundred (400) feet; thence East parallel to the North line of said "Clearwater City Park" to the waters of Clear- water Bay; thence Northe&sterly along Clearwater Bay to a point Twenty-Five (25) feet distan~ measured at right angles from the .~"":---.:,,..........~,~-,_ . ~~_~:-:t.:;.~._'"' ,>h'...._:,,~~.i.,:.~._.......~:...~.~..~':~,_.~_....;.t~,. "-'"-_.~_.;~~__~~4.,...~_ ..... . ".....,...,:. ;-~_~~~_,:~-..;;',_....l<:.~.. -......' center of a bridge now located and constructed by the Clearwater Island. Bridge Company"; thence northwesterly along a curved line Twenty-Five (25) feet from the center of said bridge to a point on the North line of said "Clearwater City Park" extended east- wardly; thence West to the point of beginning. Together with all riparian rights. -1- i_ ei,;. . , . ~_.~"'-_1l! _! 1 ';VODq (I) .,. . ~ , .J ... ':' W;;. ~ --- , .~ "- 14, .' I /:- ..~ And the said party of the first :part does hereby fully warrant the title to said land and will defend t;le same against the lawful claims of all persons whomsoever. This conveyance is made and accepted subject to the following covenants and conditions, to-wit: 1. That said property shall be used by the City of .......' ""'~Tee:i~va:rer--'foF"""pu.blrc~ par:t"pUiP'o~s'es "orilY":'---"--' ......-~,~,.-,.--, 2. That no concessions for the sale of refreshments or 2musements shall be made by the City on said property exce:pt with t?le joint consent of the grantor, its successors or assigns, in writing. 3. That the said property shall not be sold or conveyed by the City to anyone except the party of' the first :part, its successors or assigns. 4. That the City of Clearwater shall not make any charges for the use of any bath houses that it may erect on said. . pro pe":ft'y~ -~.~..-,.,-.-~"'~ I_~I'--:"";';""""""''''''-'''''''--' ----- -' --- 5. That the party of the first part, its successors or assigns, Shall have the right to open through said park all streets necessary for it, its successors or assigns to o:pen to :properly subdivide and plat other lands owned by it or hereafter acquired by it, its successors or assigns, on Clearwter Key. 6. That the streets shown on the recorded plat of Clear- water Beach, reference to which is made in this deed, shall always remain open E.nd be under the supervisioL ancL control of the party o:.c the first part, its successors or assigns. ~_.,..,....,_ .I'l~,.~~''.!j_.....~~,_-.t"~,.,_,,-l'-;.;'''''''j~''-,,,:__'':' ~~~' _ '...~!,f~- ~~,_~~~~,."",,",....-<_ _ .~'~'!_''''''''~'''''':-''''''_' ~._,,~- "_........1"1.... ~--~:-~-_.~"'''::':::-~ 7. That the party of the first part, its successors or assigns shall have the right to operate a railroad on any street or all streets through the said park an~ land hereby conveyed that it may desire to use for tllat pur:pose, whether the streets be now opened or hereafter o:pened through said park and lEnd hereby conveyed. -2- '" -' ". ~ ..' ~ J " , .- , 00#, _ '*' , ( .. i.f 8. The party of the first paxt agrees to maintain SUC!l im- provements as it may make on the park and keep it in fixst class con~ dition for the period of Twenty-Five (25) years, and to pave the streets in the park at the same time and with the same matexial as used in the paving of the other streets on said island by it. 9. All of the foregoing provisions in this deed shall ex- __~____,-J-~;..t .2 _...w,1!~~. 1p-. J;YlJ t o~~,~~:t ! Q :;:..:'~. Jll;i~.;1. Q~;.c"Q!...-T.Y~,J;l t,~..Fi~~~_ (25) years from the date of this deed. 10. That the said party of the first part, its successors or assigns, shall and do have the right to erect and maintain on said property hereinbefore described, facing the Gulf of Mexico, a frame or concrete building, and operate thexein a pavilion, bath rooms, re- freshment parlor anQ dining room, and charge for the use of the same, and shall at all times have free access thereto, on and over the prop- erty hereinbefore described, for a period of twenty-five (25) years from the date of this deed, and that at the expiration of said period, al'lim.pl',ovements placed t::lereon by the party of. the first p_?X'.:t, its ...n..,'_" ._....-.\-~......-~__::.--,.---,.__-'~ <"O'r'';''o'''';'''- ~ ~ ., -.......;, -;-~-;'-"""'.-'''''' -"..,-""....-~_.....--- .,,-_.- '.-'-- ~,,' .,. '" successors or assigns, shall become the property of the City of Clear- water; said improvements to be erected according to plans end speci- fications heretofore furnished the grantee. And in case the party of the second part shall at any time during said period desire to purcDase tDe impr0vements placed on said property, if the party of the first part , its successors or assigns, (::.nd the said party of the second part Croll~Ot agree upon the price therefox, then and in that event it shall be submitted to arbitration, the party of the :i~irst dart, its successors or assigns naming one arbitrator, and the yarty of.. _tb..e.....s_ecoll<l..,~ _~::lt.a.."snac.~,r.a....Q.l'..~.a.s~ igYls,11~,mj ng.~.Q1l.tl,"_~J)it.xa tor, - _. '-' -. - - -- and if the ,two arbitrators so selected cannot agree on the price, then an(~ in that event they shall select a thixd axbitratox, and. the decision 01' the majorit~ of said. arbitrators shall be binding upon the parties hexeto, their successors ane:. assib'TIs, and upon the payment of the award so made by the arbitrators to the party of the first part, it or its successors or assigns shall conv,ey said. improvements to the yarty of the second part or its ~uccessors. -3- "" , " ~~ "l~(: ~- " '.J I l~ : . f., I ..a. . .:.... ~ ,.. IN W~ESS WHEREOF the said party of the first part has caused these presents to be execute'd in its name b.,- its President, 8.nd its cor:;;:>orate seal to be affixed, attested by its Secretary the day and year first above written. ATTEST: -- -~"''''''''"TsJcreo-; ~~~6'6yer:- Secretary. (Corporate Seal) Signed, sealed & delivered in the Presence of: (s) M. G. Gibbons, (s) L. E. Johnso n CLEARWATER ISLAlffi BRIDGE COM? AL'Y . By (s) E. W. Parker President. 'Jr~.''''''''''''''lIlII::oi' - , on- -.y~~"~._"":;.""""'~::'~---:'"'--'"", 'f: . "" .~ ~I':~~ STATE OF FLORIDA ) ) COUNTY OF HILLSBOROUGH) I HEREBY CERTIFY That before me, the undersigned author- ity, personally appeared W. E. Parker and G. R. Smoyer, to me well known to be the President and Secretary of the Clearwater Island --. ,----,-...., 'Br4:~..' efompanyr-a--\}or Yu~a t"'hm,7'~'and'Who' -exe~'d"1"h-e- rOI' ego ing' , ."-~ -'-' "-~"----':'-- instrument on behalf of and. in the name of said. Corporation,and who severally acknowledged that they so executed said instrument on behalf of and in the name' of said Corporation by the authority of its Bo,rd of Directors for the uses and purposes therein men- tioned, and that the seal thereto attached is the genuine corporate seal of said. corporation, ancL was affixed thexeto by its saie Secretary. IN WITNESS ~~REOF I have hereunto set my hand and aflixed my official sea 1 this 17th clay of Hay, A. :r;. 191'7. -<~~,.___'M~ ""","_ - ---- ""_'".....~~... ...\, :~:c:~~ ol. ~ "'~.~"'''.......''''''''~.~.~"(S''j.~~'L~ ~ E~'Jo iUls' on'" notary Public My Commission Expires Apr. 5th, 1921. '",-:': :',JW:~~:.':~'-"~._""~'""""_~_, ".,: .~"~~,-!.~. (Notary Seal) . ...... P, "~I , , , ~ ~ i ! "1 , Ii W i ~ ~ . ~ , ~ 1: ~~\ I 'il " )" /, l' ~ ~!~' ", 'I, ~ : ii I l' : tJ I ~ ~ ~I, t,i j~ ~1 '\~ I' n JG i'j II') 1~ ~ I' :,:! i~ 11"ij J!.~ I :l!i t-: .:~;"'~ I r~ : ~,; I ~! , "1 I *~, 1'1 ; '~I : ~; I ~' , ~J I~ \,~ , I:i ~;~ ~ ".'~ N ,n ~~ 'i ~<, ~\ .} ~ ~l ijj ~1 ,r., ~ b ., :~ ,~ Florida. the day and y~ar last aforesaid. Olive E Smith Notary Public State or Florida at Large My Coomls~lon Expires Dee 15 1920. ( SEAL ) FILED YAY 30 1917. J.N.Brown'Clerk E DaughertT D.C. I~ I' This Ind"nture Made thIs 17th day ot Mny A.D. 1917" between the Clearwater Ialand Bridge Company. a Corporation dUly incorporated under and by virtue ot the 1.\'NS ot the stat.! of Flo:ida, and having its principal office and place of business in the City of Tampa Hillsborough County, Stat~ ot Florida" I'arty ot the tirst part, and the City of Clearwe.ter, a Uunicipal Corporation, situated in Pin-lIas County state of Florida, party ot the second part; 1ritnesseth: That the said party ot the tirst part tor and in consid~r~tion of the sum ot Ten Thousand ($10,0001 ~ollars:lawtul, ooney ot the United States ot America to it i~ hand paid by the said , party ot the secon~ part, the receipt whereot is he~eby acknowledged has granted, bargained and sold to the said party ot the second part its successors and assigns torever, the tollowing d~scribed lot, t.raot 'or parcel of land situated lying or being in the County ot Pinellas and State or Florida to wit: Beginning on the shore ot the Gult of Mexico at a point where the North lin~ ot the tract ot' land des~nnted as "Cl~arw6ter City Park" on a plat ot Glearwater Beach as the same is recorded in thw Land Records ot Pinellas County Florida, it prolonged West would intersect said Gulf shor.; thenoe run southerly along said shore line Four TIundred (400) teet; thence East parallel to the North line of said " Clearwater City Park" to the waters ot al~arwater Bay; thence Northeasterly along Clearwater Bay to & point Twenty tive (25) teet distant measured at right angle rrom the center ot a bridge now located and constructed by tka Clenrwater Island Dridga Company; thence northwesterly along a curved line Twenty tive (25) feet from the cent~r ot aaid bridge ~o a point on the North line ot said " Clearwater , City Park" extended eastward17; thence West to the poin~ ~r b~ginning. Together wihh all rIparI~n rights. And th6 said party ot the tirst part do~s herehy fully warrant the tItle to 3~id land and w1ll detend the same ngainst the l~wtul claims ot all pe~sons whomsoever. This conveyance is made and accepted subJ~ct to th~ following covenants and conditions, to-Wit: l.~hat said pro~rty shall be used by the City ot C13arwater tor public park purpOB~s only. 2. That no concessions tor the sale ot refreshments or amuswments shall be mAde by the City on said property except with the Joint consen~ ot the grantor its SUCcessors or assigns, in writinG. , 3'. That the s"id propf'lrty shall not be sold or conveyed by the City to anyone except the par,ty ot the first part, its successors or assigns. 4. That the Cityot Cl~arwater shall not mak~ any charges tor the use ot any bath houa~B that it may erec~ on s~id property. '5. That the party ot the tirst part its SUCC~S3ors or assigns shall nav~ the right to open through said par,k all streets necessary tor it Its Successors or assIgns to open to properly subdivide and plat other lands o~ed by it or h~reatt~r acqu1~~d by It its SUccessors or assiGns on Cl~ar~eter Y.ey. 6. That the streets shown on the recor1ed plat of Clearwater Beach rererence to whIch is m~~e ~'i ~f: "j ~~ 'il j.( ~~:. ~\t(; ::;~ ;~,:~~ l'Jl \'* ->-';":,l II -;.~.lt ~.;~ ~: f- l,A ~{-; in th1s d~ed. shall always remain open and be under tr.~ suyervision and control ot th~ party of the first part, -_its' successors or IiSSignS. 7. That the party ot the first part,its Successors or assigns shall hav~ the right to o;:~r~te a railroad on any street or all streets through the said park and land h~reby convey~d that it mar de- ... sir. to use tor ~hat purpose whether the str~ets be ~ow opened or herearter opened throu~h said p~rk aud land hereby conveyed. ~ e. The parpy of the first part agree. to maintain such improvements as it may oake on th~ park ',. ';~ ;~ ,~::~1 i;j J ~ L!l6 M P ~ /Cf fc, -, J 10M k".p it. in firs'. class condition for th" period of Twent.7 five (2S)7ea~1I, and to pave ths'struts in the park Kt th1 s~e t1m~ and with the sams mat"rial as used in the paving of th~ other strsets OD Raid inland by it. 9. All of tho, foregoing provisions in this d"ed shall sxtend to and be in full forcs and ' effect for a period of Twsnty Five (25) years from the ~ats of this desd. 10. That ths said party of ths first p~rt,its successors or as~ns shall and do havs the right to erect and maintain on sRid prop.rty h"reinbsfore described, faoing the Gulf of Mexico, a frnme or concretft building ,~d operate therein a pavilion bath rooms, rsfreshment parlor and dining room, nnd chnrge for the use of the same, and shall at nIl times have free access the reto, OD and ov.r the property hereinbefore described, for ~"psr'10d of twsnty five (25) ysars from the date of this deed and that at ths expiration of said psriod all 1~rovsments plac1d thsreon by the party of the first part, it~ successors or assigns shall become the property of the City of Clearwatarj said 1mpro~ements to be erected according to plans II.nd specifications heretotore furnished to.the grant.e. And in ease the party of the sscond part shall at any time during said period desire to purchase the improvsmsnts placed on said propurty it the part7 of the first part, its successors or assigns, and the said party of the second part cannot agree upon the price therefor, then and that-in that event it shall be submittsd to arbitration, Lhe party of the tirst part, its successors or assigns naming one arbitrator and the part7 of the second part its successors or assigns naming one arbitrator, and it the two arbitrators so _lsc_ed cannot agroe on the price, then and in-that event th.y shall select a third arbitrator, an~ the decision of the maJorit7 01' said arbitrators shall be binding upon the parties hereto their successors and assigns, and upon the payment of the award so made b7 ~ha arbitrators to the party of the first part it or its successors or ass"igns shall oonve7~said improv., ments to the party of the second part or its succe3sors. ,In Witness Whereot the said party of the first part has caussd these presents to be execu- it.d in its name by its President and its corporate seal to be affixed, attested by its Secretar7 the da7 and y~ar first above written I 'Attest: Clear"ater Island Bridge Company laeo R.Smoysr Secretary By E.W.Parker President I ~81gned, Sealed. Delivered in the p~esence of: .11 G Gibbons L E Johnson .. . , ! ( Corp. Seal ) State of Florida 'COUnt7 of Hillsborough. I Hereby Certif7 That betore me, the unders~ed authority, personally appeared W.E.Par- ker and G.R.Smoyer to me well known to b~ the President and Secretary of the Cl.arw~ter,Island Bridge Company, a Corporation, and who executed th~ foregoing instrument on behalf of and in thr name br suid Corporation, apd who severally acknowledged that the7 so executed said instrument on b.half of and in the nnme of said Corporation by ths authority of its Board of Directors tor the usee and purposes therein mentioned, and that the s~al thereto attached is the genuine cor.porate seal of 3aid corporation and ;;as affixed thereto b7 its said Secrstary. In Witness Whereot I have hereunto set my hand and affixed m7 official seal this 17th day of llay A.D. 1917. '. . L.E.Johnson Notary Public. Uy commission expires Apr 5th 1921. ( SEAL ) FILr~ ~ 1 1917. J.H.Brown Cleric I ." ,g Daugherty D.C. ,