BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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This Instrument Prepared By:
Linda Heether
Recurring Revenue Section
Bureau QfPublic Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200417588504129/2004 at 03:33 PM
OFF REC BK: 13535 PG: 1305-1312
DocType:EAS RECORDING: $37.50
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
00
;::!:NO. 40330
1BOT FILE NO. 520228923
~PANO. 52-0217028-001
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~ ~ ~ ~the State of Florida, hereinafter referred to as the Grantor.
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~ .~ tj ~ ~ WITNESSETH: That for the faithful and timely performance of and compliance with the terms and
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Tl-IIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
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A parcel of submerged land in Section 03,
Township 29 South, Range 15 East, in Stevenson Creek,
Pinellas C01Jtlty, as is more particularly described
and shown on Attachment A, dated September 5,2003.
TO HAVE THE USE OF the hereinabove described premises from February 3.2004, the effective date of
this easement. The terms and conditions of amI for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for installation of
subaqueous 8 inch sewer force main and a 4 inch and 2 inch natural gas main and Grantee shall not engage in any
activity eXCtlpt as described in the Department of Environmental Protection, Deminimus Letter No. 52-0217028-001,
dated July 24. 2003, 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 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.
S. 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 is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right 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 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.
[45-48]
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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.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any
such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. 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.
11. 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 costs, including attorneys' fees, incurred by the
Grantor to enforce the provisions of this easement shall be paid by the Grantee. 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
c/o Michael Quillen, P .E.
100 South Myrtle Avenue
Clearwater, FL 33756
The Grantee agrees to notify the Grantorby certified mail of any changes to this address at least ten (10) days before
the change is effective.
12. 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.
13. 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,
sucl1structuresand equipment. will be deemed forfeited to the Grantor, and the Grantor may authorize removal and
may sell such forfeited structures and equipment after ten (lO}days written notice by certified mail addressed to the
Grantee at the address specified in Item 11 or at such address on record as provided to the Grarttor 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.
14. 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 I.l,pon any
renewal thereof or in the event of subsequent breach or breaches.
15. 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 ofthe
recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded.
16. 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.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,
the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any
modifications to the construction and/or activities authorized herein that may be required by the COE 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.
Page ....L of -L Pages
Easement No. 40330
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18. 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.
19. 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(49), 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 -L of.JL Pages
Easement No. 40330
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BOARD OF TRUSTEES OF THE.OOI;:RNAL
IMPROVEMENT TRUST FUNDQP THE-STATE-
OF FLORIDA
XJ~ ~ ~-(SEAL)
riginal ,
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rin , a e of Witness
BY:
Dale Adams, Operations and Management (t-onsuitant
Manager, Bureau of Public Land Administmiion,
Division of State Lands, Department pfEnvironmental
Protection, as agent for and on behalf of the ,Board of
Trustees of the Internal Improvement Trust Fund of
the State of Florida
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ex? j1h.- day of ' , 204
by Dale A ms erations and Mana ement Consultant Mana er Bureau of Public La Administration Division of
State Lands, Department of Environmental Protection. as agent for and on behalf of the Board of Trustees of the Internal
Imorovem,ent T=' Fund of the Strte of Florida. He is pe<so~wn to me. .,c? n _ .
APPROVE AS TO FORM AND EGALI1)': ~ ~ . k/PyM/
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expit;~'t""" Florence L Davis ,
f~,:-\,"'l:~f<. MY COMMISSION I CC974560 EXPIRES
~*~ J~ October 11, 2004 _
~" .'~~ N INSURANCE. IN.._
Commission/Serial No:",9f,,\';"'"
Page .....1.- of -L Pages
Easement No. 40330
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Approved as to form:
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Attest:
Assistant City Attorney, Laura Lipowski
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Cynt E. Goudeau
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WITNESSES:
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15: Signature' /1
vJ's~,A. t.. f 50~
TypedlPrinted Name ofWitne
GRANTEE
Original Sig tu
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TypedlPrinted N e of WItness
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COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this , ~ay of
Brian 1. Aungst, Mayor-Commissoner of the City of Clearwater. Florid!!, who is personall known to me.
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Notary~f
STATE OF FLORIDA
20g!j by
My Commission Expires:
Commission/Serial No.
Printed, Typed or Stamped Name
,,,+~.rr~J;;... Carolyn L Brink
STATE OF FLORIDA ) N"@."'~'r*~ MYCOMMISS.ION# OD203569 EXPIRES
COUNTY OF PINELLAS) ~~.~.~~~ May 22, 2007
.'t9f: .r..~., BONDED THRU TROY FAIN INSURANC~ INC .
The foregoing instrument was acknowledged before me this ~'/I..aay of 17.-..." ~ ~
William B. Home II, City Manager of the City of Clearwater. Florid!!, who is personal~
My Commission Expires: ~ l.... ~ ~
Notary Public, stftteT of' '
, 20~~y
Commission/Serial No.
Printed, Typed or Stamped Name
......t:A~.~',.f"
l~:I' .~~ Carolyn LB' k
~*; :*: MY COMMISSION nn
~~ :,,: # 00203569 EXPIREs
"Zi';;;,'~~ May 22, 2007
,.....fti. BONDEO THI/U TROy FAJH ~'SU
... RANCE, INC
Page i of ~ Pages
Easement No. 40330
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VICINITY
NOT A FIELD SU
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ATTACHMENT A
PAGE 6 OF 8 PAGES
EASEMENT NO. 40330
CITY OF' CLEARWATER, F'LORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
DOA..IY DEPARTMENT OF
...
......... BY ENVlROMENTAL PROTECTION
VICINITY MAP
STEVENSON'S CREEK
UTlUTY EASEMENT
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1-21-1.
SURVEYOR'S REPORT:
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SPECIFIC PURPOSE SURVEY
The intent of this legal and sketch is to show the SO-foot utility easement area necessary for the installation and
City of Clearwater utilities.
INDEX OF SURVEY
See sheet 1 for report.
See sheet 2 for vicinity map.
See sheet 3 for map of survey.
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 SOUTHWEST CORNER OF LOT 10, BLOCK E, AVONDALE SUBDIVISION, AS RECORDED IN
PLAT BOOK 7, PAGE 40, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N280S6'06"E
ALONG THE WEST LOT LINE OF SAID LOT 10, AND ITS NORTHERLY EXTENSION, A DISTANCE OF 321 FEET TO
A POINf ON THE SAFE UPLAND ELEVATION LINE (S.u.E.L.) LOCATED ON THE SOUTHERLY SIDE OF
STEVENSON'S CREEK AND THEPOINf OF BEGINNING ; THENCE ALONG SAID S.U.E.L. TO A POINT ON A LINE
25 FEET WESTERLY OF AND P ARAJ;.,LEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 10 ;
THENCE N280S6'06"E A DISTANCE OF 402 FEET TO A POINf ON THE S.U.E.L. ON THE NORTHERLY SIDE OF SAID
STEVENSON'S CREEK; THENCE ALONG S.U.E.L. TO A POINT ON A LINE 2S FEET EASTERLY OF AND PARALLEL
TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 10 ; THENCE S28os6'06"W A DISTANCE OF
402 FEET TO A POINT ON THE S.U.E.L. ON THE SOUTHERLY SIDE OF SAID STEVENSON'S CREEK; THENCE
ALONG THE S.U.E.L. TO THE POINT OF BEGINNING; CONTAINING 0.46 ACRES M.O.L.
DATA SOURCES:
1. The bearing basis are based on the westerly line of Lot 10, Block E, Avondale Subdivision, being assumed as N280S6'06"E, as
shown on map of survey.
2. This legal and sketch were prepared based on information from lI1ultiple sources. The combination of field survey prepared by
the City of CII:;arwater Survey Division and construction plans prepared by Tampa Bay Engineering (TBE), project number
00083-071-00.
3. The location of the mean high water level was not determined for this survey, and per the recommendation of Harry Michaels,
Environmental Specialist, F.D.E.P. the Safe Upland Elevation Line was utilized for this purpose.
4. Benchmarks utilized were city of Clearwater Bench Mark # 1-7 elevation = 2S.129, Bench Mark # H-7 elevation = 13.832
Datum Based on U.S. Army Corps of Engineers Brass Disk # 10411 MLS EDD 84-1934 Alt U.S. 19/ Stevenson Creek
(Elevation = 10.417)
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 8/17/03.
5. The Safe Upland Elevation Line of 1.80 feet, national geodetic vertical datum, 1929, was obtained from Doug Thompson,
Florida Department of Environmental Protection Bureau of Survey and Mapping, 3900 Commonwealth Blvd.
Tallahassee, Florida
6. No information for the property owner or the adjoining property owners was provided to the si.1rVeyor.
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 Doug Thompson, Florida
Department of Environmental Protection. All easement area: infonnationwas calculated and 'created by the City of Clearwater.
9.' Limited interior mapping was performed and shown on this survey for necessary permitting issues.
,
Apparent physical use,
The subject property is state sovereign submerged llinds 10cated.in the southwest 1/4 of Section J, Township 29 South, Range IS
East, PinellaS County, Florida.. . .--- .--
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PROfESSIONAL SURVEYOR OM
LJCaI5E NUIiiliJI LS II"
STAt[ OF rLQIII)A
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CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
DEPARTMENT OF
ENVlROMENTAL PROTECTION
DESCRIPTION OF EASEMENT AREA
SlEVENSON'S CREEK
UTlUTY EASEMENT
.... ...
ADOITIONS OR OEU:l1ONS TO SIIRllf:Y MAPS. Of! REPORTS ElY OUlER UlAN UlE SIGNING PARTY OR PARl1ES IS
PROHIBllm MllIOUT Tt;f .WRlT'ID:J ~SENT .O~ "IlIE. SIGNING PARTY OR PARllES.
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PAGE 7 OF 8 ~GES
EASEMENT NO. 40330
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ATTACHMENT A
PAGE 8 OF 8 PAGES
EASEMENT NO. 40330
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P.O.B. = POINT OF BEGINNING
CITY OF' CLEARWATER. F'LORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
IlllANl., DEPARTMENT OF _NO.
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SKETCH OF EASEMENT 301' 3
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UTILITY EASEMENT -