BRICKS MANAGEMENT & REAL ESTATE DEVELOPMENT INC
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
City Manager Anthony L. Shoemaker
FROM:
Paula Harvey, Planning Director
COPIES: Al Galbraith, City Attorney
(gindy Goudeau, City Clerk
Elizabeth Haeseker, Assistant City Manager
John Richter, Code Administrator
SUBJECT: Avigation Easement for Cooper's Bayou
DATE: May 22, 1987
Attached is a copy of the executed Avigation Easement for Cooper's Bayou that
was requested by Pinellas County and required as a condition of approval by
the City Commission for the site plan for Cooper's Bayou RPD.
As directed by the County Administrator,
been forwarded to Jim Howes, Director
International Airport.
the original executed easement has
of the St. Petersburg-Clearwater
PHI jm
Attachment
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MAY 26 1981
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BRICKS MANAGEMENT & REAL ESTATE DEVELOPMENT, INC.
May 19, 1987
Letter Ref. No. 87/0205
Ms. Paula Harvey
City of Clearwater
Planning Department
P.O. Box 4748
Clearwater, Florida 33518-4748
Re: COOPERS~ BAYOU - Clearwater, Florida
Avigation Easement
Dear Ms. Harvey,
With reference to item 12 of the Department of Planning
and Urban Development letter of May 13, 1987, enclosed please
find the Avigation Easement Agreement duly executed.
Very truly yours,
RF'rr:<-' '''''n
. ::. ,,,.d,:: ~ V t: L.I
PLP,W:!:~G & URBAN
DEVELOPf'....ENT DEPT.
BRICKS MANAGEMENT & REAL
ESTATE DEVELOPMENT, INC.
a~
MAY 2.Q 19~
... ,...,,~
Nabil Karmi
NK/dma
Encl: .Avigation Easement
.Exhibit "A" (pp. 1 thru 3)
c.c.: Mr. Ben Withers - Szumlic * Withers Group, Inc.
10008 N. DALE MABRY, SUITE 111
*
TAMPA, FL 33618
*
PHONE (813)968-7343
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A. VIe A.!'I ON us E.KfJ\"T
STATE OF fl,ORInA. )
COUNTY OF PINELLAS )
,
19th. May
THIS INDENTURE, dated this day of
and between Bricks Management & Real Estate Dev., Inc.
, 198 7 , by
il
, her'einafter
ca1.led GRANTOR, and PINEU.A.S ComITY, a political subdivision of the State
of Florida, hereinafter called GRAJ\"TEE.
..."l}1EREAS, the GRANTOR is the o\o;'D,er of certain premises situate, lying
and being in Pinellas County, Florida, as hereinafter described; and
,
WHEREAS, the GRANTEE, is the o~~er and operator of the St. Petersburg-
Clearwater International Airport located in Pine1las County, Florida.'
NOW, THEREFORE, in consideration of Ten Dollars ($10'.00) and other good
and valuable consideration paid by the GRANTEE to the GRANTOR, the receipt
of "Which is hereby acknowledged, the GRANTOR does hereby grant and convey
unto the GRANTEE, its successors and assigns, an easement and right-of-way
for the over-flight of aircraft in and through the airspace above the fo1-'
lowing described property located within Pinellas County, to wit:
(Property Description)
..
Refer to Attached Exhibit "A"
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The GRAh70R hereby gives and grants to the GRANTEE, its successors and
assigns, and to all. persons 1a~~fu1.ly using said airport, the right and
easement to use the airspace above the GEAl'I"TOR' S property and to create
noise normally associated with aircraft operation and for avigation
purposes and without liability for any necessary, convenient or operational
incident, the effects thereof whether as the same presently or in the
future exist, but said right or easement hereby granted is to be executed
only in a l!l2.!lD.er reasonably or substantially consistent with the safe and
proper flying procedures as promulgated by any regulatory agency of the
government of the United States of the State of Florida.
":'__.;'~~ 'r'f.l;h.'ts end easemen~s herE:PY' graD:~ed and c~nveyed, and the covenants
. . . ,. . ... . . .
hereby entered into, shall .notbe construed to' deprive the GRANTOR.o~ any
c1.aims for injury or damages against any pers,on for negligence whereby
injury or damages is. caused by actual or direct physical. contact, without
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intervening llledia, but shall operate and constitute a full, cOlllplete and
total release, quit claim and discharge of the GRANTEE, its successors and
ass igns, its agents and employees, and all persons lawfully using said
airport and the owers and operations eff aircraft bwfully using the air-
space hereby conveyed, from all claims and demands whatever, not solely and
proximately resulting from negligent actual or direct physical contact, it
being tbe intent of the GRANTOR herein to waive its right to suit for
nuisance and noise incident to the operation of the St. Petersburg-
Clearvater International Airport by the GRANTEE herein.
All rights, easements~ releases, benefits and estates granted hereunder
shall be covenants running with the land as is hereinabove described.
In the event the GRANTEE abandons the operation of said airport, all
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rights herein granted shall ceas'e and revert to the GRAhTTOR, his success ors
or assigns.
IN WITNESS WHEREOF, said developer in pursuance of, his due and legal
action, bas executed these presents, as of the date first above written.
j .
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Ower
"'-'TlTNESSEIH:
(J~~
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STAn: .. OF FLORIDA. Y)
COUNTY OF PlNEILAS )
BEFORE ME personallY appeared. .J1~~ ~~~
well kno~~ and kno~~ to me to be the' person described in and who executed
the foregoing instrument. and ackD.owledged to and before me that he/she
executed said instrUment in the capacity and for the purpose expressed.
-. to me
WITNESS my hand and official sea1 this/.9d day of 77/7-' 198...z"
~~ v- :f/:&:
P~otary Public ~
My Commission Expires:
~efsfY !1liMic, 5tato of Florida at Large
MV E~ffll'l'lIIiliICln oxpJres August 17, 1989
lQNt)(O thru LAWYERS SURETY.
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EXHIBIT "A"
COOPERS' BAYOU - CLEARWATER, FLORIDA
Legal Description
That part of the Northeast 1/4 of the Northwest 1/4 of Section 16,
Township 29 South, Range 16 East, PinelJas County, Florida. Lying within the
following described tract:
Beginning at the Northeast corner of the said Northwest 1/4 of said
Section 16. Run thence South 0037'03" West 1250.57 feet along the North-
South centerline of said Section 16; thence North 89027'56". West 50.00 feet
to the West right-of-way of Bayshore Boulevard, for a P.O.B; thence North
89027' 56" West 619.05 feet along the North line of John's Parkway Subdivision
as recorded in Plat Book 29, Page 41, Public Records of Pinellas County,
Florida to a pOint on the West boundary of the East 1/2 of the South 1/2 of
the Northeast 1/4 of Northwest 1/4; thence North 0037'03" East 95.07 feet;
thence North 89027'56" West 400.00 feet; thence North 0037'03" East 165.07
feet; thence North 89027'56" West 219.05 feet; thence North 0037'03" Ea.st
165.07 feet; thence South 89027'56" East 619.05 feet; thence North 0~37'03"
East 165.07 feet to the Southwest corner of Crystal Heights Uni 1 I. as recorded
in Plat Book 28,Page 64, Public Records of Pinellas County, Florida; thence
South 89027'56" East 619.05 feet to the Southeast corner of said subdivision;
thence South 0037'03" West 590.29 feet along West right-of-way of Bayshore
Boulevard to the P.O.B.
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EXHIBIT "A"
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COOPERS' BAYOU - Legal Description (Continued)
And Less that part conveyed for right-of-way for McMullen Booth
Highway (also known as State Road No. 593) in O. R. Book 4804, Page 1545,
Pinellas County Records, further described as follows:
The West 50 feet of a parcel of land described as follows: Beginning
at the Northeast corner of the Northwest 1/4 of Section 16, Township 29 South,
Range 16 East, run South 0037'03" West along the North-South centerline of
said Section 16, 660.28 feet for a Point of Beginning; thence run North 89027'5611
West 669.05 feet; thence run South 0037'0311 West, 165.07 feet; thence run
North 89027'5611 West, 619.U5 feet; thence run South 0037'0311 West, 165.07
feet; thence run South 89027'5611 East, 1,288.10 feet to a point on the North-
South centerline of Said Section 16; thence run along the centerline North
0037'0311 East, 330.14 feet to the Point of Beginning.
And also less that part conveyed for additional right-of-way for John's
Parkway in O.R. Book 3841, Page 479, PineIlas County Records, further
aescribed as follows:
A 10 foot parcel of land lying North of and adjacent to the following
described line: Start at the Northeast corner of the Northwest 1/4 of Section
16, Township 29 South, Range 16 East and run South 0037'0311 West 1,250.57
feet; thence run North 89027'56" West 50.0 feet to the West right-of-way line
of Bayshore Boulevard for a Point of Beginning; thence continue North 89027'5611
West 619.05 feet to a Point of Ending.
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EXHIBIT "A"
COOPERS' BAYOU - Legal Description (Continued)
Less that part conveyed to Calvary Open Bible Church, Inc. by deed
recorded in O.R. Book 5158, page 247, Pinellas County Records, further
described as follows:
Commence at the Northeast corner of the Northwest 1/4 of Section 16,
Township 29 South, Range 16 East, run thence South 00037'03" West, 1250.57
feet, along the North-South centerline of said Section 16; thence North 89027'56"
West, 50.0U feet to the West right-of-way of Bayshore Boulevard; thence North
89027'56" West, 619.05 feet, along the North line of John's Parkway Subdivision
as recorded in Plat Book 29, Page 41, of me Public Records of Pinellas County,
Florida; thence North 00037'03" East, 95.07 feet; thence North 89027'56" West,
400.00 feet; thence North 00037'03" East 165.07 feet; thence North 89027'56"
West, 169.05 feet, to the East right-of-way of State Road 593; thence North
A 50 foot parcel of land lying West of and adjacent to the following
described lines: Start at the northeast corner of the Northwest 1/4 of Section
16, Township 29 South, Range 16 East, and run South 0037'03" West 660.28
feet; thence run North 89027'56" West 669.05 feet; thence run South 00037'03"
West 165.07 feet; thence run North 89027'56" West 619.05 feet to a Point of
Beginning; thence run South 0037'03" West 165.07 feet to a Point of Ending.
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