BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (3)This Instrument Prepared By:
Tiana Brown
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2011320011 12/06/2011 at 09:28 AM
OFF REC BK: 17424 PG: 1560-1566
DocType:AGM RECORDING: $61.00
BOARD OF TRUSTEES OF TI� INTERNAL IlvIPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS EASEMENT
NO. 41345
BOT FILE NO. 520235813
PA NO. 44040303.000
THIS EASEMENT is hereby granted by the Board of Trustees of the Intemal Improvement Tnist Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: T'hat for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to City of CleBrwater. Florida, hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereignty lands, if any, contained in the following legal description:
A parcel of sovereignty submerged land in Section 03 ,
Township 29 Sou , Range East in Stevenson Creek,
Pinellas County, as is more particularly described
and shown on Attachment A, dated May 1�, 2011.
TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from August 10, 2011, the
ef%ctive date of this easement. The terms and conditions on and for which this easement is granted are as follows:
1. L]SE OF PROPERTY: The above described parcel of land shall be used solely for the existin b�ndge, the existing
sanitary force main. and the reclaimed water pipeline at Douulas Avenue and Grantee shall not engage in any activity except as
described in the Southwest Florida Water Management District Consolidated Environmental Resource Permit No.
44Q40303.000, dated Au�ust 10. 2011, 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 roles
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 chazged under this provision shall be prospecrive 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 watrants title
to the lands described herein nor guarantecs the suitability of any of the lands for any particulaz use.
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 PRNATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USLES OF TI� EASEMENT PROPERT'Y: 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 n�t 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. INDEMNIFICATION/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, FIorida Statutes, as amended from
time to time, or any other law providing limitations on claims.
[40]
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 tertninated by the
Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
Grantor. All notices required to be given to 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
Attention: Robert Fahey
100 South Myrtle Avenue
Clearwater, Florida 33756
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
Item 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.
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 dischazge 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. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
15. 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.
16. 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.
17. 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 Grantar of such repairs as quickly as
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
18. 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(60), 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.
Page 2 of 7 Pages
Easement No. 41345
�_
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
� (SEAL)
BY: �� �� ,
Jeffery . entry Operation and M nagemeni Consultant
Manager, 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
"GRANTOR"
The foregoing instrument was acknowledged before me this �� day of �p UP�i'1� P�- , 20 //, by
Jefferv M. Gentry, Operations and Management Consultant Manager, 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
Interna( Improvement Trust Fund of the State of Florida. He is personally nown to me.
APPRO D AS TO FORM ND LEGALITY:
4� `
� Notary Public, of Florida
� -
DEP Attorney
, �� ,
qMY L HORTON
. '�z �or�xnisslon DD 818016
C,,,,�res "aep�� 19, 2012
� y �'llwTrayFehYru°e°°e0P3e67oto
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial
��� City of Clearwater, Florida (SEAL)
Ap�r ed as to rm: � � '����2%„ „L��
�/C . BY: � � 7��v/
Original Signature Original Signature of Executing Authority
Leslie K. Dougall-Sides, Asst. City Frank V. Hibbard
Typed/Printed Name of'��x Attorney Typed/Printed Name of Executing Authority
t� t
Original Signature
Name of V�4��
STATE OF � �.c�r �� A
COUNTY OF �� n�.���c
ty�C
��•�lf�:�
- -.
:;t�r.,R� ,,,
" .w
4. .' � J
of Executing Authority
"GRANTEE"
The foregoing instrument was acknowledged before me this .'�� day of 20 �/, by
Frank Hibbard as Mavor, for and on behalf of City of Clearwater, Florida. He is personally known to_ m�r who has produced
, as identification.
My Commission Expires:
Commission/Serial N
Attachment A
Page 3 of 7 Pages
Easement No. 41345
—�N� � MANNI
MY GpMMI*�910N # Dp9g2!
FXP1- ��M March 06, 2014
. �, �
Notary Public, State of
� �iAn�� � • /�IAr✓�✓ �
Typed or Stamped Name
SURVEYOR'S REPORT:
SPECIFIC PURPOSE SURVEY
The intent of this legal and sketch is to show the easement area necessary at the City of Clearwater Bridge
crossing Stevenson's Creek.
INDEX OF SURVEY
See sheet 1 for report.
See sheet 2 for vicinity map.
See sheet 3 for map of survey.
See sheet 4 for utility locations.
The map and report are not full and complete without the other.
DESCRIPTION OF EASEMENT AREA:
THAT PART OF THE SOVEREIGN LANDS OF THE STATE OF FLORIDA THAT LIE WITHIN THE
FOLLOWING DESCRIBED AREA:
Commence at the Northeasterly corner of Lot 10 as Platted in the Fairmont Plat Book 9, Page 85 as recorded
in the Public Records of Pinellas County, FL; thence run N64°57'40'B a distance of 420.08 feet to a point on
the SAFE UPLAND ELEVATION LINE located on the southerly side of Stevenson's Creek and a Point of
Beginning; thence N 39°16' S2" E a distance of 129.61 feet to a point on the SAFE UPLAND ELEVATION
LINE located on the northerly side of Stevenson's Creek ; thence N53°27'06"W along the SAFE UPLAND
ELEVATION LINE 129.21 feet; thence S 39° 16' S2" W a distance of 129.61 feet to a point on the SAFE
UPLAND ELEVATION LINE on the southerly side of said Stevenson's Creek; thence S53°27'06"E along
the SAFE UPLAND ELEVATION LINE 129.21 feet to the point of beginning, Containing .384 acres, more
or less.
DATA SOURCES:
1. The Horizontal Control was based on a survey prepared for the City of Clearwater named "Clearwater
Harbor Reclaimed Water System" dated October, 2010 by McKim & Creed..
2. This legal and sketch were prepared based on information from a field survey prepared by the City of
Clearwater Survey Division.
3. Benchmark utilized were City of Clearwater Bench Mark # H-7, Elevation = 13.1165, N.G.V.D. 1988
LIMITATIONS:
1. Use of this survey by anyone other than those prepared for/certified to, will be the re-users sole risk
without liability to the surveyor.
2. There may be additional easements and/or restrictions affecting this property that may be found in the
public records of this county.
3. Printed dimensions shown on the survey supersede scaled dimensions. There may be items drawn out of
scale to graphically show their location.
4. Last date of fieldwork 11/09/11.
5. The Safe Upland Elevation Line of 1.30 feet, North American Vertical Datum, 1988, was obtained from
Lamar Evers, Florida Department of Environmental Protection Bureau of Survey and Mapping,
3900 Commonwealth Blvd., Tallahassee, Florida .
6. No information for the properly owner or the adjoining property owners was provided to the surveyor.
7. Underground foundations and their locations have not been determined or located.
8. This is not a boundary survey. All Safe Upland Elevation Line information was provided by Lamar Evers,
Florida Department of Environmental Protection. All easement area information was calculated and created
by the City of Clearwater.
9. No interior mapping was performed and shown on this survey for necessary permitting issues.
Apparent physical use:
The subject property is state sovereign submerged lands located in the southwest 1/4 of Section 3, Township
29 South, Range 15 East, Pinellas County, Flarida.
ADDITIONS OR DEi.EtiCNJS. TO SUR�EY MAPS IX2 REFORTS BY O1HER THAN THE SICNING PARTY OR PARTIES �o
PRONIBIiEU NITMWT THE WRITTiiV COIVSEN7 OF 7HE SICNING PARTY OR PARTES.
THIS SURVE VAL1D WITHOUt THE SEGt! RE D TtiE ORIpNAL RAISED SEAL OF A FLORIDA IJCENSED
S VE APlD iAAPPER.
� L. M Y D TE 51 ED
?ROFESSIqJA: RVE. A�9 MAPPER
UkNSE MBER 5 8289
ST�1 OF Fl.OftIDA
Attachment A
Page 4 of 7 Pages
Easement No. 41345
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
°R"'" °1' DEPARTMENT OF °"° M0.
4 CHEEK Lg1�011-0�
aca�,r ENVIROMENTAL PROTECTION �r
T.4M DESCRIPTION OF EASEMENT AREA �� 4
wa a[er-ros-�xo
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UTILITY EASEMENT
vIC INITY MAP
NOT A FIELD SURVEY
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
°""""" � DEPARTMENT OF
L CHEEK i
�«mer 1 ENVIROMENTAL PROTE
Attachment A T.LM VICINITY MAP
��
Pa e 5 of 7 Pa CS i�/oe/zoii DOUGLAS AVENUE BRIDGE
g g UTILITY EASEMENT
Easement No. 41345
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SKETCH OF DESCRIPTION
BRIDGE EASEMENT
NOT A FIELD SURVEY
/
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N.1327439.23
' Safe Upland Elevation Line E.aoi 89o.8a
', Elevation - 1.30' �
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DATUMS
VERT/CAL : NORTHAMERICAN VERT/CAL DATUMOF 1988
', BASED ONTH6FOLLOW/NGBR9SS DISK,
' TIDAL B.M DESlGNATED 872 6724 A T/DAL
KORlZONT,9L : NORTBAM6R/CANDATllM83(1999)
' FLORIDA STATEPLANE COORD/NATES,
' FLOR/DA WESTZONE83(l999J
Attachment A
Page 6 of 7 Pages
Easement No. 41345
Point of Beginning
\
\
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1 \
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of Commencement
A=011.76'
R=341.53'
0=011.76'
C8=522'35'31 "E
C=69.97'
0
0
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Scale: 1°=80'
\
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CM 4°x4"NO I.
LOT IO
BLOCKC
R 2650
LOT9
BLOCK C
FAlRMONT
PLATBOOK9, PAGL' 8S
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
L.ACHEEK DEPARTMENT OF �yi�o�-oa
aca� s. ENVIROMENTAL PROTECTION sx¢r
T�'� SKETCH OF EASEMENT ����o
�t/o9/zott DOUGLAS AVENUE BRIDGE 3-29-15E
UTILITY EASEMENT
S KE TC H 0 F UTILITY LO C ATIO NS
NOT A FIELD SURVEY
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Attachment A
Page 7 of 7 Pages
Easement No. 41345
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
4 CHEEK DEPARTMENT OF Lg1�017-04
aaa�sr ENVIROMENTAL PROTECTION s�,
T�'� SKETCH OF UTILITY LOCATIONS �� ��
t�/os/zon DOUGLAS AVENUE BRIDGE 3-29-15E
UTILITY EASEMENT