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THE SANDPEARL RESORT, LLC ... @ KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005242556 06/22/2005 at 04:02 PM OFF REC BK: 14400 PG: 165-170 DocType:DEED RECORDING: $52.50 D DOC STAMP: $0.70 Prepared by and Return to: Robert F. Greene, Esquire Greene & Schermer 1301 Sixth Avenue W, Suite 400 Bradenton, Florida 34205 SPECIAL WARRANTY DEED This Special Warranty Deed (this "Deed") is made on June ~, 2005 by and between: (i) THE SANDPEARL RESORT, LLC, a Florida limited liability company, having an address at 2201 4th Street N, Suite 200, S1. Petersburg, Florida 33704 (the "Grantor"), and (ii) THE CITY OF CLEARWATER, having an address of Post Office Box 4748, Clearwater, Florida 33758-4748 (the "Grantee"). WIT N E SSE T H: That for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and assign unto Grantee, its successors and assigns, in fee simple that certain parcel of land situate and being in Pine lias County, Florida, and being more particularly described in Exhibit A attached hereto and made a part hereof. TOGETHER WITH all buildings, fixtures and other improvements located in or on said land, TOGETHER WITH all right, title and interest of Grantor in and to any rights, alleys, streets and ways, public and private, waters, riparian/littoral rights, accretions, easements, privileges, tenements, hereditaments and appurtenances belonging or appertaining thereto, SUBJECT TO, any and all covenants, easements and restrictions of record, and real estate taxes not yet due and payable, SUBJECT ALSO TO the following land use restriction which is hereby imposed on the land described in Exhibit A and on the adjoining land retained by Grantor described in Exhibit B attached hereto and made a part hereof: The land described in Exhibit A and Exhibit B shall not be used for jet-ski or para-sail operation concessions. This land use restriction cannot be modified or terminated without the prior written consent of Grantor and Grantee. Special Warranty Deed Page 1 F:\jmC\SBndpearl\cda\City Recorded Documents\Special Warranty Deed to City v.2.DOC , ... TO HAVE AND TO HOLD the property hereby conveyed unto the Grantee, its successors and assigns, for all purposes in fee simple forever. AND Grantor hereby covenants with Grantee and its heirs, legal representatives, successors and assigns that Grantor, at the time of the ensealing and delivery of these presents, is lawfully seized of said land in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against no others. IN TESTIMONY WHEREOF, Grantor has caused this Deed to be duly executed on its behalf as of the day, month and year first above written. GRANTOR: Witnesses: ~RoB'llTF' GRmdI ::r=:/ ~dr/ THE SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership, Managing Member By: JM Communities of Clearwater V, Inc. a Fie Ida orpora' n, General Partner Michael Cheezem EO STATE OF FLORIDA COUNTY OF PINELLAS ,.. The foregoing instrument was acknowledged before me this ~ day of June, 2005 by J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General PartnerofCBR Communities I, Ltd., a Florida limited partnership, the,Managing Member of The Sandpearl Resort, LLC, a Florida limited liability company, who is !ll'f>ersonally known to me or 0 has produced a Florida driver'~'ense r 0 as identification. ,\\11111', ~\\\, ""1. ~"~~~1f.'.~!!~1"~ - ~^"\j ..."\55101\' ..:t<<, ~ ~ ,,..~'" et.. ~ ~ ...:c..O~~e'2'.?Oa~... ~ NOTARY PUBLIC - .~'S lS''S,.:: . ~*: ... :*E Printed Name: ~~~ IIOD125604 j~~ Commission No. %~;:..~ ~d(!l.~#':"."!$ My Commission expires: ~".J- ..'7.Public ~ .... <<.-..;~ ~I:..o{.18. .......'t,d< #' 'IIIII'~C, ST~1\\\\\'\: Special Warranty Deed ''''11''' Page 2 F:~mc\Sandpearl\cdB\C"y Recorded Documents\Special Warranty Deed to City v.2.DOC , 'l'l- EXHIBIT "A" Property Description LEGAL DESCRIPTION: CLEARWATER BEACH WEST PARCEL A parcel of land being a portion of Sections 5 and 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of Tract A, "A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INCL. BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH", as recorded in Plat Book 19, page 96 of the Public Records of Pinellas County, Florida; thence N21037'34"E, along the East line of said Tract A, same being the West Right-of-Way line of Mandalay Avenue, according to said "A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 151NCL. BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH", (being the basis of bearings for this description) for 182.33 feet; thence continue along said East line of Tract A, same being said West Right-of-Way line of Mandalay Avenue, N02041'34"E, for 110.50 feet to the point of intersection with the South Right-of-Way line of Ambler Street, according to "MILLER'S REPLAT", as recorded in Plat Book 26, page 17 of the Public Records of Pinellas County, Florida; thence N89006'59'W, along said South Right-of-Way line of Ambler Street, for 160.00 feet to the point of intersection with the Southerly extension of the East line of Lot 9, said "MILLER'S REPLAT"; thence N02041'34"E, along said Southerly extension of the East line of Lot 9, and said East line of Lot 9, respectively, for 100.05 feet to the point of intersection with the North line of the South 80.00 feet of said Lot 9; thence N89006'59"W, along said North line of the South 80.00 feet of Lot 9, for 60.00 feet to the point of intersection with the West line of said Lot 9; thence N02041'34"E, along said West line of Lot 9, for 6.96 feet to the Northwest corner of said Lot 9; thence N89006'59'W, along the North line of Lot 10, said "MILLER'S REPLAT", the North line of Lot 1, said "MILLER'S REPLAT", and the Westerly extension of said North line of Lot 1, respectively, for 389.38 feet, to THE POINT OF BEGINNING; thence continue along said Westerly extension of said North line of Lot 1, S89006'59"E, for 182.03 feet to the point of intersection with elevation 0.62 feet, North American Vertical Datum of 1988 (NAVD 1988), same being the point of intersection with the Mean High Water Line of the Gulf of Mexico as recorded with the Department of Environmental Protection Mean High Water Survey file number 3429; thence the following nine (9) courses along said elevation 0.62 feet, North American Vertical Datum of 1988 (NAVD 1988), same being said Mean High Water Line of the Gulf of Mexico; (1) thence S04059'06"W, for 40.89 feet; (2) thence S05043'50'W, for 51.84 feet; (3) thence S05052'49'W, for 51.04 feet; (4) thence S05035'41'W, for 49.79 feet; (5) thence SOr36'31"W, for 47.28 feet; (6) thence S06011'33"W, for 49.96 feet; (7) thence S09002'38"W, for 51.54 feet; (8) thence S05053'20"W, for 49.11 feet; (9) thence S08023'56'W, for 42.98 feet to the point of intersection with the Westerly extension of the centerline of Baymont Street, according to said "A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INCL. BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH"; thence leaving elevation 0.62 feet, North American Vertical Datum of 1988 (NAVD 1988), S89026'04"E, along said Westerly extension of the centerline of Baymont Street and said centerline of Baymont Street, respectively, for 204.02 feet; thence N03042'16"E leaving said Westerly extension of the centerline of Baymont Street and said centerline of Baymont Street, respectively, for 431.54 feet to THE POINT OF BEGINNING. Together with all right, title and interest of Grantor, if any, n any additional land lying between the described land and the mean high water line of the Gulf of Mexico. Containing 82,466 square feet or 1.893 acres, more or less. Special Warranty Deed Page 3 F:\Imc\Sandpearl\ccla\Clty Recorded Documents\Special Warranty Deed to City ~.2.00c -, " . j:\53~p,,"'ata\D~gs\LS\53_997-250-LS3.dW9 - Jun 17, 20050 4:14pm - mbeach 11-115 15 .t:IQI A SURVEY HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT AY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. HIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT F A TITLE POLICY. EARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION WESTERLY EX'ID4SlON OF lHE N UNE OF LOT 1 C'I ..J N89"OS'S9"W 182,03' ,., ..J 10.00' pmESTRlAN EASEMENT [ PER ORB 2228, PG 719 - --------------------- 8t/) ~o "" ~ t/) ~ :5~ La.. 13 ~ o 1i..J La.. !B < -J -0 is ~1== ~ -1--------------------- ------- 10 ..J co ..J loJ . CO - - .... . 10 C'I , ;ot;;; 8.... z ,.... ..J TOTAL AREA= 82.464 SQ FT OR 1,89 AC. MOL co ..J 0) ..J 2S.00' EASEMENT FOR SlRUT r PURPOSES PER DB 1550. PG 629 _-1______________________ S89"2S'04"E 204,02. WESlERl Y EXTENSION OF THE CENTERUNE. BA YMONT ST SEE SHEET I FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH PREPARED FOR: N UNE OF LO I I LOT 2 N89'06'S9"W 389.38' I I I I I LOT 1 WUNE rllEST UNE "AC' A I I I I I I I UNE TABLE BEARING NO '41',34"E '59'06.W 5OS'43'SO.W 5OS'5 49.W SOS'3S'41.W SOT36'31.W S0611'J,3.W S09'O 'J8.W SOS'53'20.W SOS'23'S6.W JMC COMMUNITIES UNE L1 L2 13 L4 LS 16 L7 18 L9 L10 1LGEHQ; POC - POINT OF COMMENCEMENT POB - POINT OF BEGINNING SEC - SECllON COR - CORNER R/W - RIGHT OF WAY ST - SlREET SO .. SQUARE FT - FEET At - ACRES MOl - MORE OR LESS PG - PAGE PB - PLAT BOOK DB -DEmBOOK ORB - OFFICIAl RECORDS BOOK REVISED 0699/17/2005 NOTE: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THAT CERTAIN BOUNDARY SURVEY TITlED "BOUNDARY SURVERY AND MEAN HIGH WATER LINE SURVEY.: PREPARED BY FlORIDA DESIGN CONSUlTANTS, INC., JOB NUt18ER 997-250. THE GEOMETRY PERTAINING TO THE PARCEl OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOlElY BASED UPON THE GEOhETRY AS DESCRIBED ON THE RECORDED DOCtNENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURA FiElD BOUNDARY SURVEY SHEET DESCRlPllON: N UNE OF LOT 10 NW COR LOT 9 LOT 4 N UNE OF lHE S 80 FEET OF LOT 9 S R/W AMBLER ST N89'06'S9.W 160.00' lRACT A A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INet.. BlOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH PB 19, PG 96 JU .... . ..,0 . II) ;id ....- 0- z LENGTH 6.96' 40.89' 51.84' 51.04' 49.79' 47.28' 49.96' 51.54' 49.11' 42.98' fl. "t' i' ~ t;w"t' .... ~ iliJ>. "t' ~J;'t; !.I ~O~~ ~ .:J~l. ;; 1o..'~~W h "'i,*~ - ,;r\;;.~. ~ Cl:'Cc1 ~ POC SE COR lRACT A CLEARWATER BEACH WEST PARCEL SCAlE: DAlt: ORAYttoI: I" = 100' 09116/04 GEH CAlCED: 5MB JOB No.: EPN: 997 -250 53 SECllON: TOWNSHIP: 5 8 8 29 5 0fECI<ED: 5MB RANGE: 15 E NOT VALID WITHOUT THE. SIGNA TURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 3030 S1~'" ""d. ~ ~L ~~ New PorI Richey. Florldo 34655 SAMUEL MARK BEACH (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 6261 State of florida ST A TE OF FLORIDA @Cop)'right 2005 Florida Design CansultaF1ts, lF1c~mDrawings and concepts may not be used or reproduced without wrlt.t.lm permission. Sheet _ of ---.;. FLORDA DESIGN CONSULTANTS, INC. ENGINEERS. ENVIRONMENTALISTS SURVEYORS 8 PLANNERS , ... EXHIBIT "B" Propertv Description LEGAL DESCRIPTION: CLEARWATER BEACH EAST PARCEL A parcel of land being a portion of Sections 5 and 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of Tract A, "A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INCL. BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH", as recorded in Plat Book 19, page 96 of the Public Records of Pinellas County, Florida; thence N21037'34"E, along the East line of said Tract A, same being the West Right-of-Way line of Mandalay Avenue, according to said "A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INCL. BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH" (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION), for 182.33 feet; thence N02041'34"E along said East line of Tract A, same being said West Right-of-Way line of Mandalay Avenue, for 110.50 feet to the point of intersection with the South Right-of-Way line of Ambler Street, according to "MILLER'S REPLAT" , as recorded in Plat Book 26, page 17 of the Public Records of Pinellas County, Florida; thence N89006'59"W, along said South Right-of-Way line of Ambler Street, for 160.00 feet to the point of intersection with the Southerly extension of the East line of Lot 9, said "MILLER'S REPLAT"; thence N02041'34"E, along said Southerly extension of the East line of Lot 9, and said East line of Lot 9, respectively, for 100.05 feet to the point of intersection with the North line of the South 80.00 feet of said Lot 9; thence N89006'59"W, along said North line of the South 80.00 feet of Lot 9, for 60.00 feet to the point of intersection with the West line of said Lot 9; thence N02041'34"E, along said West line of Lot 9, for 6.96 feet to the Northwest corner of said Lot 9; thence N89006'59"W, along the North line of Lot 10, said "MILLER'S REPLAT" , the North line of Lot 1, said "MILLER'S REPLA T", and the Westerly extension of said North line of Lot 1, respectively, for 199.15 feet to the POINT OF BEGINNING; thence S03042'16"W leaving said North line of Lot 10, said "MILLER'S REPLAT" , the North line of Lot 1, said "MILLER'S REPLAT", and the Westerly extension of said North line of Lot 1, respectively, for 430.48 feet to the intersection of the Westerly extension of the centerline of Baymont Street ; thence N89026'04"W along said Westerly extension of the centerline of Baymont Street, for 190.29 feet; thence N03042'16"E leaving said Westerly extension of the centerline of Baymont Street, for 431.54 feet to the intersection of the Westerly extension of the centerline of Baymont Street; thence along said Westerly Extension of the South line of the North Ambler Street S89006'59"E, for 190.23 feet to the POINT OF BEGINNING. Containing 81,894 square feet or 1.880 acres, more or less. Special Warranty Deed Page 5 F:\jmc\Sandpearl\cda\Cfty Recorded Documents\Special Warranty Deed to City v.2.00c ... ~ '0"....._,-. Special Warranty Deed Page 6 .t: \5JVnIPICO\O-9t\L$\SJ-I17-"'ISl,., .. s., II, 2QM. "':04Jm - "'" lHIS IS .tmI A SllR\oEY TN(III YAY II: AODlTlOfUl .rUltlCTIQNS MFEtTM 1..,' ""O"UfY THAT II" Ie: fOUND" TIC "..." '('ORDI Of' rHlS COUNTY. TttrS LEGAL bf"C..TlQff AND StItT'" WAS "Rl~"R[D wITHOuT TH( BfN[f"IJ OF . nTll ItDlM:Y. IU"",S .I." 'AIED ur. Wt U(TeIt .... LtUL Df:s.CAlPr'QN N ~ '10 I ...--.- __ I.._~~~_':~__ --- T----------- I" :!.... r:~ ~ .. l' ~~ ~~ iii" J J I I AlIII c.uDmft' ,. l.u I ____ L~~~~...- _"2&'Of" I an ..... I .. __ _..... ~CQ1 llIACr A IIG.ZlI' ::':;~..:., sr .............- "'1 .... ....... ......._ _ .... _..._.... nc .....,,, '*' 1::D'f1........... aIftIIln' "ftoD ...... ...... ___ lI.a _. Lle.....rl ...._... ~ .... --.,...... 'IC.. ........ ..,-.... nc.....,.,. ..ft&,_.,. .. NML " .... ... --... ..... .... _'"... .. -.!LT .... well ,. ...,... ". ...._ _ tIC ___ ....... .. .... ~.. J .""'IIIICA&..A'MI" '- r&N ww:rA I .sr LN: .IC : .-u " .:: ~" .. UtIS TOTAl ~ '1,l1li2 sa " 011 1.110 AI:, IIlI. a.".......".. ... .... " GrAftID -..aI ........ lP - ...~ i' i1 ).-c -~i!J I "'" " !*! I~ - JMC COMMUNITIES CLEARWATER BEACH EAST PARCEL ..... - CUl:: .._ _ ,- . 100' 09/16/04 ...- ... - - ,-1Ia.: IP'Il 997-250 53 __ ..... IaIGl 58829$ 15E ~FLCRM DESIGN CONStLT..wTS, He. EIIGIlEEIlS, ~AUSTS SUIlVETOIlS . PI._ "... ...., ... .. ,.,. ...... ,..... ......u (7f7J M... 7'IM c.tIIIoale or __ LB 1707 $loIo of _ NOr VAL8 WlT..,.;T THe S_TlJRf ..... TIC IlIIlIl1UL llloll![P SfAl. OF . FLO.... c;;:QfU~~. 5AII:IEl. WAmC BfA CH PIlOFE~= ~~O~s"~6~' .~ JIID4 .....1eIIp ~.. .......... --.. -. ... .. ..., . f...-...c.. ........ ................. She.t _ af -..2... 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