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WILLIAM A. DAY TRUSTEE (2) ,. t l.~. .".. ..I>."(l~.. 'tf% ) I \I [~~ ~.k(/ .~ PrP.f"'lr",,", I1y lI. n'lI 1m In' Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 oe-e17S p IN 13 ~LLAS C JlJN_ 10- _ Ilj a 8/( eOOe 3. -------lULlHlllllgjIIBUIUIIlIIIinI;,? '1~~g ~.~ I SUBMERGED LANDS E A S E MEN T FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to him the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, William A. Day, Trustee of the William A. Day Revocable Trust Dated August 20, 1992 1968 Lakeview Avenue, Dracut, Ma. 01826-3210 (herein "Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA (herein, "Grantee"), an easement over, under and across the following described submerged land, lying and being situate in the County of Pinellas, State of Florida, to-wit: A strip of land 50 feet wide, being a portion of that certain submerged land lying within Fractional Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, as more particularly described and depicted in FXHIRIT "A" appended hereto and made a part hereof. Grantor conveys this easement to Grantee for the installation of a submerged sanitary force main to be utilized for the benefit of Grantee and its public utility sewer system. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described easement premises and to construct, install and maintain therein said submerged sanitary force main and related facilities, and to inspect and alter such force main and facilities from time to time. Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple estate in and to the premises in which the above-described easement is located; (b) that Grantor has full right and lawful authority to grant and convey this easement to Grantee and, (c) that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. All obligations and benefits, both explicit and implied, together with the covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory upon the successors and assigns of the respective parties. The easement herein granted, the covenants and restrictions hereby imposed, shall be easements, restrictions and covenants running with the land, intended where appropriate to bind the Grantor's property and to benefit the Grantee until such time as the use of the easement premises is abandoned by Grantee, or upon termination by mutual agreement of the parties. Each person, firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by the terms, provisions and conditions of this Grant of Easement, as if said person, firm or entity were original parties hereto. /1/0/0-.0/ 1 ' I I Page 2 ,.... Submerged Lands Easement Grantor: William A. Day, Trustee Grantee: City of ClealWater, Florida PINELLRS COUNTY FLR. OFF.REC.BK 12047 PG 179B ~ IN WITNESS WHERE~, the GRANTOR has caused these presents to be duly executed this ~ day of A!t({C . , 2002. Signed, sealed and delivered in the presence of: IidQJL~~ h, ~ illiam A. Day, individually a d as Trustee . O'rg~r~ Witness' Print d Signature ~,'~ ~~~.. Q...~~J~ WITNESS R. ,c..ho..,..cl. R.. H: <<.YV\', 1 ~o n Witness' Printed Signature Plo~t DA STATE OF MA5tAell~6ETTS : ss COUNTYOF PI klELLPrS The foregoing instrument was acknowledged before me this ~ day of M)\-{2LH- , 2002 by William A. Day, individually and as trustee of the William A Day Revocable Trust dated August 20, 1992, who acknowledges that he did execute the foregoing instrument for the uses and purposes described therein, and who is [ ] personally known to me, or who [J4did provide ~'FL OL.. ~ DDOO -q~ , - yet -Lt2LJ -0 as identification. ~.' ::"I. b-I\IZ"./~GJ . k."'~ Notary Public - State of P5l:...~~~oh~...,-,ll! l-LD~ oA commission ex ires: ,~O$e:!lr.AI L GLllSKl COMMIE. .. . . · C~78 txll' ~ MAY V 1!.YJ3 . l'Hlf00Ql; ~AO"~^~ Type/print name_en BetlXYt L. G,cus,k-\ . t. tl .. THIS IS NOT A SURVEY 1 THERE MAY BE ADDITIONAL RESTRICTI~S AFFECTING THIS PROPERTY ,THAT M'A Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: Assumed only, not based on record instruments, nor on field surveyed data. I PINELLRS COUNTY FLR. OFF.REC.8K 12047 PG 1797 City of Clearwater, Pinel/as County, Florida LEGAL DESCRIPTION: A strip of land 50.00 feet wide, being a portion of that certain submerged land lying within Fractional Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, lying 25.00 feet each side of the following described line: Commence at the Northeast corner of Coral Motel, A Condominium as recorded in Condominium Plat Book 42, page 114 of the public records of Pinellas County, Florida; thence 589'09'28"E, along the Easterly extension of the North boundary of said Coral Motel, A Condominium, for 38.55 feet more or less to the point of intersection with a proposed location of a new force main; thence along said proposed location of a new force main the following four (4) courses; (1) thence S42" 38' 11 "E, for 30.59 feet to the point of curvature concave to the southwest; (2) thence Southerly along the arc of said curve having a radius of 1600.00 feet, a central angle of 12"41'13", on arc length of 354.29 feet and a chord bearing S36017' 34"E, 353.57 feet to the point of tangency; (3) thence S29056'58"E, for 1 O. 16 feet to the point of intersection with the Easterly extension of the Northerly boundary of that certain property os described in Official Records Book 8009, page 97 of the public records of Pinellas County, Florida, same being the POINT OF BEGINNING; (4) thence continue S29056'58"E, for 138.74 feet to the point ot intersection with the Easterly extension of the Southerly boundary of said certain property as described in Official Records Book 8009, page 97, same being the POINT OF TERMINUS. The sidelines of said strip of land 50.00 feet wide to be shortened or lengthened to begin at aforesaid Easterly extension of the Northerly boundary and terminate at said Easterly extension of the Southerly boundary, except for the Easterly limits which terminate at the Westerly boundary of that certain property as described in Trustees of the Internal Improvement Fund of the State of Florida (TIFF) deed number 17,327 dated October 1, 1925. 12/17/2001 SKA. PREPARED FOR: Th e Crt of CI earwater EXHIBITHA"-PG01 OF2 Legal Description and Sketch: Area 3 SHEET DESCRIPTION: SCAlE: DATE: DRA'IttI: N/A 12/17/2001 SKA JOB No.: SECTION: 00083-021.03 8 CHECKED: QC: ~,,- SKA TO'IttISHIP: 29 S RMP RANGE: 15 E NOT VALID WlTHOI..!T THE SIGNATURE AND THE ORIGIN~.l. RAISED SEAL OF A FLORIDA LICENSED SURVE'YORA~.M. PPER. DATE SIGNED: _.J..). 2" )():;y ~//J2~ SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER liCENSE NUMBER LS 6045 STATE OF FLORIDA Sheet of 2 PREPARED BY: TBE GROUP, INC. Engineers. Planners. Subsurface UtHity Engineers. Surveyors and Mappers 3BO Park Place Blvd, Suite 300, Clearwater, Florida 33759 Telephon. (727) 531-3505, Focllmll. (727) 539-1294 Certificate at Authorlzotion: LB 66G8 State of FIQrid~ ;" II -tHIS IS NOT A SURVEY -, THERE MAY BE ADDITIONAL RESTRICTtNS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. . THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: Assumed only, not based on record instruments, nor on field surveyed data. I PINELLRS COUNTY FLR. OFF.REC.8K 12047 PG 1788 City of Clearwater, Pinellas County, Florida ~ POC, NE CORNER, CPB 42, PG 114 POB, POINT OF INTERSECTION WITH THE EASTERL Y EXTENSION OF THE NORTHERLY S29'56'58"E BNDYl 10.16' ~ R:='\ 600. oq' L:=354. 2~ " 6:=12'4113. 7'34"i=" SEARl ~G:=~36 '\'. \ o 100 ~ 200 I 400 I - - WESTERLY BOUNDARY OF TIFF DEED NO. 17,327 CLEARWA TER HARBOR POT, POINT OF INTERSECTION WITH EASTERLY EXTENSION OF THE SOUTHERLY BNDY PROPOSED LOCA liON OF NEW FORCE MAIN S290S't58"E 138.14' S'1<. PROf'lOSED LOCATIoN OF ,. 0'..0, NEW FORCE MAIN. va IJ 1 I / \ .S.9J~/~ / ABBREVIATIONS: / O~""l'D'!-~( L. / I At. ~'Sl. r BNDY= BOUNDARY 16>At.O~~~ oAt / CPB=CONDOMINIUM PLAT BOOK ~J- ~~(rI~ L=ARC DISTANCE V) 9.> / 0~""~~~(J- OR= OffiCIAL RECORDS BOOK (d,O sa ~ ~a PG= PAGE CJ ~ 6;- 6>AtD~~~~( 1\1 POB= POINT OF BEGINNING &:- 0" J- POC= POINT OF COMMENCEMENT Q. POT= POINT OF TERMINUS R= RADIUS R/W=RIGHT-OF-WAY , ~ / TlFF= TRUSTEES OF THE INTERNAL IMPROVEMENT FUND. STATE OF FLORIDA / ~ /6= G~N~AL ANGLE (DELTA) / CLEARWA TER HARBOR !co' OQ:- ~E.J ~ .::;~ ~ f6& (Co .I..-~iii' ,...,"r-i t!f ,,~ .!2 t!! "> 0' f!i f':J~ ~ ;;:~o J'~l PREPARED FOR: Th e Cit Legal Description of C I ear w ate r EXHIBIT "A 11 - PG. 2 OF 2 and Sketch: Area 3 SHEET DESCRIPTION: SCAlE: DAlE: DRA'MI: CHECKED: QC: 1" = 200' 12/17/2001 SKA SKA RMP JOB No.: SECTION: TO'MISHIP: RANGE: 00083-021.03 8 29 S 15 E PREPARED BY' TBE GROUP, INC. Engineers.Planners-Subsurface Utility Engineers. Surveyors and Mappers 360 Park Place Blvd, Suite 300, Clearyater, Florida 33759 Telephone (727) 5~1-3505, Facslml Ie (727) 539-1294 Certificate a/ Authorization: LB 6666 State 0/ Florida NOT VALID W1THOl:JT THE SiGNATURE AND THE ORIGINAL RA!SED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DATE SIGNED: /1-Iic;./;tp/ eL. . I I ! ~ . .--//.:- /;Y 0/ ,_ _#/,'/c.- c(..;~~ SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6045 STATE OF FLORIDA Sheet -L of ~ I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared William A. Day, as trustee of the William A. Day Revocable Trust dated August 20, 1992, whom, being first duly sworn, does depose and say: 1. That said trust is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A strip of land 50 feet wide, being a portion of that certain submerged land lying within Fractional Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, as more particularly described and depicted in EXHIBIT "A" appended hereto and made a part hereof. 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other than those which shall be paid during the normal course of business, except: (if none, insert "NONE") Uc?/!/c:: , 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described except easements and restrictions of record, and: (describe, or if none, insert "NONE") ~~~/~~~~~~ZS; 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. I I 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. ~ (\Q~02ThGUJS~ Witness' Printed Signature w~5r ~~p/ Witness' Printed Signature LA)~ i D William A. Day, individually and ~rustee Sworn to and subscribed to before me this _1.31h_ day of ~ ,2002. ~ /t:C. ~~~ Signature of person taking acknowledgment ?;:t/L-L-- tV. ~#,' Type/print/stamp name of acknowledger My commission expires: --~-'''''''''' "."",1 ~~f 'iI,*, EARL W. BARRETT "" W .. MY COMMISSION'" CC 92769<'. 1'.,. OF Po' EXPIRES: May 26, 2004 l~Oi"'AY FL Notery ServiClO & Bonding, Inc. THIS IS NOT A SURVEY THERE MAY BE ADDITIONAL RESTRlflONS AFFECTING THIS PROPERTY THA T MAYBE FOUND IN THE PUBLI RECORDS OF THIS COUNTY. THIS- LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE . BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: Assumed only, not based on record instruments, nor on field surveyed data. I City of Clearwater, Pinellas County, Florida LEGAL DESCRIPTION: A strip of land 50.00 feet wide, being a portion of that certain submerged land lying within Fractional Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, lying 25.00 feet each side of the following described line: Commence at the Northeast corner of Coral Motel, A Condominium as recorded in Condominium Plat Book 42, page 114 of the public records of Pinellas County, Florida; thence S89'09'28"E, along the Easterly extension of the North boundary of said Coral Motel, A Condominium, for 38.55 feet more or less to the point of intersection with a proposed location of a new force main; thence along said proposed location of a new force main the following four (4) courses; (1) thence S42"38'11"E, for 30.59 feet to the point of curvature . concave to the southwest; (2) thence Southerly along the arc of said, curve having a radius of 1600.00 feet, a central angle of 12"41'13", on arc length of 354.29 feet and a chord bearing S36017'34"E, 353.57 feet to the point of tangency; (3) thence S29056'58"E, for 1 O. 16 feet to the point of intersection with the Easterly extension of the Northerly bou ndary of that certain property as described in Official Recordfi Book 8009, page 97 of the public records of Pinellas County, Florida, same being the POINT OF BEGINNING; (4) thence continue S29056'58"E, for 138.74 feet to the point of intersection with the Easterly extension of the Southerly boundary of said certain property as described in Official Records Book 8009, page 97, same being the POINT OF TERMINUS. The sidelines of said strip of land 50.00 feet wide to be shortened or lengthened to begin at aforesaid Easterly extension of the Northerly boundary and terminate at said Easterly extension of the Southerly boundary, except for the Easterly limits which terminate at the Westerly boundary of that certain property as described in Trustees of the Internal Improvement Fund of the State of Florida (TIFF) deed number 17,327 dated Octo~er 1, 1925. 12/17/2001 SKA. \ PREPARED FOR: The Cft of Clearwater EXHIBITUA"-PG01 OF2 Legal Description and Sketch: Area ,3 SHEET DESCRIPTlON: SCAlE: DAre DRAWN: N/A 12/17/2001 SKA JOB No.: SECTlON: 00083-021.03 8 CHECI<ED: QC: SKA TOWNSHIP: 29 S RMP RANGE: 15 E NOT VALID WlTHOl'T :HE Si'GNA TURE AND THE ORIGfN~.lRAISEOSEAL OF A FLORIDA UCENSED SURVE'YORA~D ^ M. PER. DATE SIGNED: _.J}.; 2(, /O:J/ ~ .'?->7/'~ -/~/;;.- . {~~~~/ SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6045 STATE OF FLORIDA PREP ARE!> BY: TBE G ROUP, IN Co Engineers. Planners. Subsurface UtJ7ity Engineers. Surveyors and Mappers 380 Park Place Blvd. S~lte 300, Clearwater, Florida 33759 relephone (727) 531-3505. Facsimile (727) 539-1294 Car~;1icatB of Authorizutlon: LB 6668 5101. 01 Florida Sheet or 2 1M'::> I:) NU I A ::;UHVI:. Y THERE MAY BE ADDITIONAL RESTR~' TIONS AFFECTING THIS PROPERTY TH.A T MAYBE FOUND IN THE PUB RECORDS OF THIS COUNTY. THI~ LEGAL DESCRIPTION AND SKE CH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: Assumed only, not based on record instruments, nor on field surveyed data. I City of Clearwater. Pinellas County, Florida ~ POC, NE CORNER, CPB 42, PG 114 POB, POINT OF INTERSECTION WITH THE EASTERL Y EXTENSION OF THE NORTHERLY S29'56'58"E. BNDY, 10.16' ~ R==1600.0Q' L==35~.2~13" b==12 41. '17'3A"" SEARl NG==S36-.. lOPlY-.J:::>.J.:::> I .. ~ ..~.\o. S290St 5.8"E 138 14' s~<. PROPOSED LOCATIoN OF J: 0'0>- NEW FORCE MAIN. qS9~7J~~ ;' ABBREVIATIONS: 1\1,0..... C'J\tJ)~ r / BNDY= BOUNDARY /6'J\tgt4~ '11/ <.. CPB= CONDOMINIUM PLAT BOOK zr ("4?' L= ARC DISTANCE ":> P.l / ot-l''e-~Ii'~r OR= OFFICIAL RECORDS BOOK roo a -s'au ~:.s:-Q PG= PAGE v ~ ^-. 6'J\tD>-~4~ '11 POB= POINT OF BEGINNING g c,~ >- POC= POINT OF COMMENCEMENT Q.. POT= POINT OF TERMINUS R= RADIUS R/W=RIGHT-OF-WAY .. ~ / T1FF=TRUSTEES OF lHE INTERNAL IMPROVEMENT FUND, STATE OF FLORIDA / ~ /6= G~N~AL ANGLE (DELTA) / o I 100 I, 200 , 400 I - - WESTERLY BOUNDARY OF TIFF DEED NO. 17,327 CLEARWA TER HARBOR POT, POINT OF INTERSECTION WITH EASTERLY EXTENSION OF. THE SOUTHERLY BNDY PROPOSED LOCA rlON OF NEW FORCE MAIN CLEARWA TER HARBOR {.." o !yg~ ~Q.~ ~ if f.s Q:- J..$ii' $'. A...'" fI ~"'o' (fr:;,"\~ ~~o J't;:'~ ..... PREPARED FOR: Th e Cit Legal Description of C I ear w ate r EXHIBIT itA 11 - PGo 2 OF 2 and Sketch: Area 3 SHEET DESCRIPTION: SCALE: DAlE: DRA'l\tI: CHECKED: QC: 1" = 200' 12/17/2001 SKA SKA RMP JOB No.: SECTION: TOWNSHIP: RANCE: 00083-021.03 8 29 S 15 E PREP ARE!) BY~ TBE GROUP, INC. Engineers.Planners'Subsurface Utility Engineers. Surveyors and Mappers 3eo Pork Place Blvd, Suite 300, Cloor~otor. Florida 33759 Tolephone (727) 531-3505, Fac31ml Ie (727) 539-1294 Cortilicat. 01 Authorization: LB 666e State 01 Florida NOT VAUD WllHOl:JT THE SiGNATURE AND lHE ORIGINAL RA!S!::D SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DATE SIGNED: (2- /ir;/)Ck7/ eL I! i -.. ~ .-- J ._ ~~/c::-- 4rh~ SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER )' LICENSE NUMBER LS 6045 STATE OF FLORIDA Sheet~ of ~