BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (4)This Instrument Prepared By:
Tiana Brown
Recurring Revenue Section
Bweau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2011320012 12J06/2011 at 09:28 AM
OFF REC BK: 17424 PG: 1567-1573
DocType:AGM RECORDING: 561.00
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF TI� STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS EASEMENT
NO. 41355
BOT FILE NO. 520235923
PA NO. 44040303.000
THIS EASEMENT is hereby ganted by the Board of Tnistees of the Internal Improvement Trust Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to Citv of Clearwater. 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 South. Range 15 B�st, in Stevenson Creek,
Pinellas County, as is more particularly described
and shown on Attachment A, dated Mav 18. 2011.
TO HA,VE THE USE OF the hereinabove described premises for a period of SO years from August 10, 2011, the
effective date of this easement. The terms and conditions on and for which this easement is granted are as follows:
i. USE OF PROPERTY: The above described parcel of land shall be used solely for the existing bridge the existing
�as and water mains and the reclaimed water Qneline at Overbrook Avenue and Grantee shall not engage in any activity
except as described in the Southwest Florida Water Management District Consolidated Environmental Resowce Permit No.
44040303.000, dated August 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 rules
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 charged under this provision shall be prospective 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 warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
4. RIGHTS GRANTED: The rights hereby granted sha11 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 PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the righ.t to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parti�s dw7ag �s 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, Florida 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 terminated 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 discharge 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 Grantor 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. 41355
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERi�i?A�: ��f:; i;:! ;
IMPROVEMENT TRUST FUND OF '�IRI�,S�"ATE� •�� ;`' ,.,
OF FLO DA ` ` �
, � EAL)
; � � ,
BY: ��, �� �;- : _ . ,,.
Jeffery M.��entry, �perations and Mai
Manager, Bureau of Public Land Aii�}i
of State Lands, State of Florida Departa
Protection, as agent for and on liehalf o
the Internal Improvement Trust Fund o
tgq�lciir�,�usuuaiu �,,
��Sh'8t101T�� �IVIS1017
�nt qf Enviro,nrriental ���,a"�"� �
t�i�'Bto�d,ofTrustees of��,
tfie State of Florida ��1�, .
r^�r ��z.
�"�d��.,� .
xy�������� .
°GRANTOR"
The foregoing instrument was acknowledged before me this �� day of �lo v�emb�er , 20�, by
Jeffery M Gentry O�erations and Mana�ement Consultant Mana�er Bureau of Public Land Administration, Division of State
Lands State of Florida De�artment of Environmental Protection as a�ent for and on behalf of the Board of Trustees of the
Internal I�rovement Trust Fund of the State of Florida. He is personally own to me.
APPRO D AS TQ, FORM ND LEG.A�ITY:
/ Notary Public, e of Florida
/� �
DEP Attorney
�„ ��� rinted, Typed or Stamped Name
� Commission DD 818016
� Expiree Sep�mber �g, 2pip y Commission Expires:
� BaidedlMuTroyFMnY�ence8o09B6701a
�$���
App ved as t rm• �
�
Original Signature
LeGlie K. DoLgall—Sir3PC Asst �'ity
Typed/PrintedName��i�s6 Attorney
A
Original Signature
Typed/Printed Name of�o6sc �
r�
STATE OF �LOr 1 d rq, �
COUNTY OF �1 Y1�I I'aS �
Commission/Serial
Citv of Clearwater, Florida (SEAL)
,
— '/
BY: � !� /
Original Signature of Executing Authority
1'�V �l�C�
� �
� a
' = qi
�_
�rER,��'�
Frank V. Hibbard
Typed/Printed Name of Executing Authority
Ma�or
Title of Executing Authority
"GRANTEE"
The foregoing instrument was acknowledged before me this �[�day of �k�.lhJ , 201L, bY
Frank Hibbard as Mavor, for and on behalf of Citv of Clearwater, Florida. He is personally known to me or who has produced
, as identification.
My Commission Expires:
Commission/Serial
Page 3 of 7 Pages
Easement No. 41355
• �7t.t/
tary Public, State of
DIANE E MANNI C
MY COMMISSION # DD952018 //�/�/� G, �% fj niN J
March o6, 2014 pr�ted, Typed or Stamped Name
SURVEYOR'S REPORT:
SPECIFIC PURPOSE SURVEY
The intent of this legal and sketch is to show the easement area necessary for the City of Clearwater bridge
crossing Overbrook Creek.
INDEX OI' 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 aud 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 Northwest corner of Lot 1 as platted in the First Addition to Sunset Point Plat Book 5, Page 95
as recorded in the Public Records of Pinellas County, FL; thence run S 00° 07' 30" E along the East Right-Of-Way
line of Overbrook Avenue a distance of 681.56 feet to the Southwest corner of Lot 25 of the First Addition to
Sunset Point; thence continue S 00° 07' 30" E along the East Right-Of-Way line of Overbrook Avenue a distance
of 304.26 feet to a point on the SAFE UPLAND ELEVATION LINE and the Point of Beginning; thence run N
58° 58' 21" E along the SAFE UPLAND ELEVATION LINE a distance of 13.48 feet to a point on the northerly
side of Stevenson's Creek; thence S O l° 35' 24" E a distance of 45.00 feet to a point on the SAFE UPLAND
ELEVATION LINE on the southerly side of Stevenson's Creek; thence S 58° 58' 21"W along the SAFE UPLAND
ELEVATION LINE a distance of 87.35 feet; thence N O1° 35' 24" W a distance of 45.00 feet to a point on the
SAFE UPLAND ELEVATION LINE on the northerly side of Stevenson's Creek; thence N 58° 58' 21" E along the
SAFE UPLAND ELEVATION LINE 73.87 feet to the Point of Beginning; Containing .079 acres, more or less.
DATA SOURCES:
1. The I�orizontal 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 surveys prepared by the City of
Clearwater Survey Division and McKim & Creed.
3. Benchmark utilized was the City of Clearwater Bench Mark # I-7, Elevation = 24.3867, 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 11/07/11.
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 Comnlonwealth Blvd., Tallahassee, Florida .
6. No information for the property owner or the adjoining pi•operty 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 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, Florida.
ADDITIONS OR DELETIONS TQ SURrEY MAPS OR REPORTS 9Y OTHER THAN THE SIGNING PARTY OR PARTIES IS
PROHIBI7ED K:iHWT iFir WRITiEN C:ONSENT OF' THE S!GNMG PAR7Y OR PARTIES.
THIS SURVEY NOT NGTNQUT THE SIf�lATU AN'D/' THE ORIdNAL RAISED SEAL OF A FLORIDA LICENSED
SUR yryD MAA .
//
G � C7
7}iGM 4 ARh �NY ATE GNED
PROFESSIO?IAL SURVEYOR NG A1APP
LICENS� NUiABER L 6289
STASE G�F FLfh21DA
Attachment A
Page 4 of 7 Pages
Easement No. 41355
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
°RA'"'� DEPARTMENT OF
L CHEEK - ----
,,,cciao,r 1 ENVIROMENTAL PROTECTION
T.LM DESCRIPTION OF EASEMENT AREA
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SUBMERGED LANDS EASEMENT
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Attachment A
Page 5 of 7 Pages
Easement No. 41355
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
°""""" DEPARTMENT OF
L CHEEK
,� e. ENVIROMENTAL PROTE
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OVERBROOK AVENUE BRIDGE
SUBMERGED LANDS EASEMENT
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First Addition to Sunset Point
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a � �� � i/ � N.A.V.D. 1988
�I � �I� � � � I
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��� M I �/ �G�� BASED ON TNEFOLLOWINGBRASSDIS/�
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//OR7ZONTAL: NORTHAMER/CANDATUM83(1999J
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N.1328836.68 //
E.401379J1--��\ . �/ I I
��r�j CITY OF CLEARWATER, FLORIDA
� I I ENGINEERING DEPARTMENT
/
Attachment A
Page 6 of 7 Pages
Easement No. 41355
i
4 CHEEK DEPARTMENT OF Lg1�011-OS
arza� sr ENVIROMENTAL PROTECTION aan
T�� SKETCH OF EASEMENT � ��
�i/�/zoi� OVERBROOK AVENUE BRIDGE 3-29-15E
SUBMERGED LANDS EASEMENT
S KETC 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. 41355
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
G CHEEK DEPARTMENT OF Lq1�011-Ot
aca� ar ENVIROMENTAL PROTECTION aen
T.LM SKETCH OF UTILITY LACATIONS 4� 4
n/�/2oii OVERBROOK AVENUE BRIDGE 3 2e-�ise
SUBMERGED LANDS EASEMENT