DANS ISLAND 1600 CONDOMINIUM ASSOCIATION INC
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I INST # 97-008754
- JAN lOt 1997 5:02PM
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Prepared by & return to:
Earl Barrett
Real Estate Services Mgr.
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
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. Deputp@!lI!sIC ACCESS EASEMENT
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FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
hand paid to it, the receipt of which is hereby acknowledged,
benefits to be derived therefrom,
Dan's Island 1600 Condominium Association, Inc.,
a Florida Corporation Not-For-Profit
1600 Gulf Boulevard
Clearwater, Florida 34630
as GRANTOR, does hereby grant, bargain and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, as GRANTEE, its
licensees, agents, successors and assigns forever, for the use of the
general public, a permanent, irrevocable non-exclusive easement for the
purposes herein expressed, over, under and across the following
described land, lying and being situate on the Island of Sand Key in
the City of Clearwater, County of Pinellas, State of Florida, to wit:
THE NORTH 5 FEET, AND THE WESTERLY EXTENSION THEREOF TO
THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO, AS IT
MAY FROM TIME TO TIME EXIST, OF DAN'S ISLAND ON SAND KEY
- 1600, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT
BOOK 84, PAGE 94 , OF THE PUBLIC RECORDS OF PlNELLAS
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT UA" AND DEPICTED IN EXCHIBIT UB" ATTACHED HERETO
AND INCORPORATED HERE IN BY REFERENCE.
The easement rights granted herein shall be for the purposes of
providing public access to and from the mean high water line of the
waters of the Gulf of Me3xico as it exists upon the date of this grant
of easement, or as it may exist from time to time hereafter, and to the
beach bordering the mean high water line.
GRANTEE shall install and maintain at its sole cost and expense,
if not presently installed, a five foot (5') concrete sidewalk, dune
walk-over structure, steps as may be required to access the public
beach, landscaping and such other surface improvements reasonably
necessary, in the sole judgment of GRANTEE, to provide public access to
Sand Key Beach.
PAGE 1 OF 5
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I QUNTY FLA.
P NELLASg;78 PG 202
OFF. REC . BK__
The easement granted herein shall be for the use and benefit of
the GRANTEE and the general public, GRANTEE'S successors, assigns, its
invitees, lessees and licensees, including the GRANTOR, its officers,
members, employees, agents, invitees and assigns.
It is expressly understood and agreed that GRANTOR reserves unto
itself all rights of ownership of the easement premises not
inconsistent with the easement granted herein.
This easement is binding upon the GRANTOR, the GRANTEE, their
heirs, successors and assigns. The rights herein granted herein shall
be perpetual and irrevocable.
IN WITNESS WHEREOF, the GRANTOR has caused this Public Access
Easement to be executed in its name by its undersigned duly authorized
officers and its corporate seal to be hereunto affixed this ~ day of
AJ~IJ~711MK ,199~.
Signed, sealed and delivered
in the presence of:
DAN'S ISLAND
ASSOCIATION,
~
1600 CONDOMINIUM
INCORPO TED
~~~Q
~Ct~cs S
Print witness n
~~,
WITNESS
~Of<IS C.~/~tU:W\.\
Print witness name
By:
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Sara Dickson, Secretary
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this I~ day
of N()/Ji=.711I'6,e,;( ,1996 by Carol Heit, President of DAN'S ISLAND
1600 CONDOMINIUM ASSOCIATION, INC., a Florida Corporation Not-For-
Profit, who, being duly authorized, executed the foregoing instrument
on behalf of said corporation, and acknowledged the execution thereof
to be her ree act an eed for the use and purposes herein set forth.
Notary Public -
Type/Print name
[~ersonally Known
[ ] Produced Identification
Type of Identification Produced
~6~
~._-- ALANS.ROSE.
. Notary Public, State of Flonda
. My Comm. Expires Sep't. 12. 1999
No. CC494937
PAGE 2 OF 5
1
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NT'l FLA.
PINELLAS9~~~PG 203
OFF.R~C.BK
STATE OF FLORIDA
COUNTY OF PINELLAS
The/foregOing l.'nstrument was acknowledged before me this J~ day
of A oJ~~ , 199~ by Sara Dickson, Secretary of DAN~LAND
1600 CONDOMINIUM ASSOCIATION, INC., a Florida Corporation Not-For-
Profit, who, being duly authorized, executed the foregoing instrument
on behalf of said c rporation, and acknowledged the execution thereof
to be he free a t d deed for the use and purposes herein set forth.
~
ALAN S. ROSE
Notary Public, State of Florida
My Comm. Expires Sept. 12, 1999
No. CC494937
Notary PubllC -
Type/Print name
[ ~.~onallY Known
[ ] Produced Identification
Type of Identification Produced
PAGE 3 OF 5
I
I PINELLAS COUNTY FLA.
OFF.REC.BK 9578 PG 204
EXlDBIT "A"
LEGAL DESCRIPTION
DAN'S ISLAND OF SAND KEY, A CONDOMINIUM - 1600 GULF BOULEVARD,
as recorded in Condominium Plat Book 84, and as being legally
described on page 93 thereof, in the Public Records of Pinellas
County, Florida
That part of the North 1012.54 feet of Government Lot 1
in the Northeast ~ of section 30, Township 29 South,
Range 15 East, Pinellas County, Florida, lying West of
the right-of-way line of Gulf Boulevard (100' R/W) as
recorded in O.R. Book 1342, Page 284 of the Public
Records of said County, being further described as
follows:
Commencing at the Northeast corner of said Section 30;
thence N 89004'07" West, 2351.80 feet along the North
line of said Northeast ~ of section 30 to the West right-
of-way line of said Gulf Boulevard (100' R/W) -and the
"Point of Beginning"; thence along said West right-of-way
line; S 31058'20" West, 543.15 feet to the North boundary
of "Dan's Island of Sand Key - a Condominium, 1660 Gulf
Boulevard", as recorded in Condominium Plat Book 60,
Pages 93 through 98, of the Public Records of said
County; thence along said North boundary the following
courses:
N 41059'48" West. 51.86 feet; thence S 81029'49" West,
32.93 feet; thence leaving said North boundary, N
23047'28" East, 60.67 feet; thence N 66012'32" West,
42.76 feet; thence S 23047'28" West, 13.00 feet; thence
N 66012'32" West, 65.80 feet; thence S 21049'04" West,
45.54 feet to said North boundary; thence along said
North boundary; N 69033'33" West, 52.90 fee~; thence
leaving said North boundary; N 20026'27" East, 394.22
feet to the North line of said section 30; thence S
89004'07" East, 363.83 feet along said North line to the
"Point of Beginning".
Containing 2.847 acres, more or less.
PAGE 4 OF 5
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OFF.REC.BK 9578
FLA.
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PAGE 5 OF 5
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DANIS ISLAND
MINUTES
1600 BOARD OF
NOVEMBER 18,
DIRECTORIS MEETING
1996
OWNER'S PRESENT
BOARD MEMBERS PRESENT
Harold Shnider
Shirley Lijewski
Roger Schaffer
Fred Amoul
Mr. & Mrs. Jack Maloney
Carol Heit
Sara Dickson
Doris Sotirellis
Jim Conlin
Alan Rose, Manager
The meeting was called to order at 7:00 P.M.
Approval of Minutes of last two Board Meetings of October 21, 1996 and October 24, 1996.
MOTION: Jim Conlin rnade a motion to approve the minutes of the October 21, 1996 and
the minutes of the October 24, 1996 Board Meeting as written. SECOND: Doris Sotirellis
Vote: Passes Unanimously. Motion Carries.
Treasurer's Report: Jim Conlin presented the Treasurer's Report.
Balance in Operating Account: $52,672.90
Balance in Reserve Account: $36,954.06
New Business:
1. 1997 Proposed Budget mailing to owners and set date for Budget approval meeting:
The 1997 Proposed Budget will be mailed or hand delivered to all unit owners
Tuesday, November 19, 1996. The date of the Budget Approval Meeting will be
Friday, December 20, 1996.
2. Public access easement grant from Dan's Island 1600 Condominium to the City of
Clearwater for the use and benefit of the general public for beach access.: MOTION:
A motion was made by Jim Conlin to approve the Public Access Easement as written
and attached to these minutes. SECOND: Doris Sotirellis VOTE: Passes Unanimously
Motion Ca~rjes. Pub:;c !.ccess Easement Granted to City of Cleaowater.
3. Door Repair to Motor Lobby Entrance: This item was tabled due to our financial situation.
Old Business:
1. Chimney stacks on roof: Who has the responsibility to clean stacks? Owner or Association?
Request from Michel Nardi unit 1113/1114. The Board discussed the cleaning of the fire
place stacks. The Condominium Documents clearly state in Article XVII, Section 12.
All unit owners shall keep and maintain the interior of their respective units in good
condition and repair, including air conditioning system (ducts, vents, etc.) servicing the
respective owners' apartments. (Copy attached to these minutes)
2. Opening of sealed buds for new 20 ton roof AlC unit:
The following AlC contractors sealed bids where opened.
NOV 2 2 /996
. .
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Page Two
Tampa Bay Trane
$32,463.00
$20,862.00
$19,900.00
Jack Joyner
Leon's
MOTION: Jim Conlin made a motion to approve Leon's Air Conditioning and Heating Inc.
to replace the 20 ton roof unit servicing floors six thru twelve at a cost of $19,900.00.
This expense will be funded from the Reserve Account and installed after January 15, 1997.
The $900.00 deposit due at signing can be paid now. SECOND: Doris Sotirellis VOTE:
Passes Unanimously. Motion carries.
3. Final Invoice from Service Painting in regard to Balcony Restoration Project: Alan Rose
Reported we received a final invoice from Service Painting in regard to the balcony
project. It was decided to defer payment to January 15, 1997. Alan will contact Service
Painting and work out payment terms of this final payment.
Adjournment: There being no further business, the meeting was adjourned at 8:45 P.M.
~)~
AlanS.~ Rose
Acting Secretary
I
I
City of Clearwater
Interdepartment Correspondence Sheet
TO: John Carassass, Assistant City Attorney
FROM: Earl Barrett, Real Estate Services Manager d----
SUBJECT: Public Access Easement - Sand Key
DATE: November 22,1996
Attached for presentation to the City Commission and recording thereafter is an original
document executed by Dan's Island 1600 Condominium Association granting public
access to the beach on Sand Key as described in the easement document. Minutes of the
association's 11/18/96 Board of Directors meeting is also attached and documents action
taken to approve the easement grant. A prepared DR-219 form is attached for your
signature prior to recording.
I am sending you a copy of a 10/21/94 memo to Pam Akin that provides background on
the Sand Key beach access points. The only change is the last line on page 1: Easement
#6 ~ being reestablished. The Cabana Club has the easement document and have agreed
to act on it in their annual meeting that will occur before the end of the year. I will keep
you informed.
Let me know if you have additional questions or require anything further.
RECEIVED
NOV 2 51996
CITY ATTORNEY
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Interdepartment correspondence Sheet
- .
TO: Pamela K. Akin, City Attorney
FROM: Earl Barrett, Real Estate Services Manager~
SUBJECT: Public Access easements on Sand Key
COPIES: William C. Baker, Assistant City Attorney
(without copies of recorded instruments)
DATE: October 21, 1994
Beach front property owners along Sand Key are initiating a beach
renourishment application with the State of Florida. Public access
to the Gulf waters will be evaluated in the application process.
Since 1977 the city has obtained seven public access easements to
the Gulf. Several of the easements were granted in the early 80's
to facilitate an earlier beach renourishment effort. Four of the
easement documents carried reverter clauses. One of the four
documents was replaced in 1991 granting the easement absent a
reverter. The three other grants containing reverters have gone
the way of the dredged up beaches: they have disappeared forever.
I have attached a locator
1 - 7, north to south.
appear adequate for their
attached for your further
map of the Sand Key easements, numbered
Easements documents for 1, 2, 4 and 5
intended purposes. These documents are
review and advisement.
Easements identified as 3, 5 and 7 contained reverter language.
Beach access was provided across a paved, private parking lot with
easement #3. This access was only about 100 feet south of another
access point (#2). The concrete sidewalk and dune walk-over at
point #2 are in good condition. The-walk-over at point #3 is in
dangerously bad shape and about to wash into the Gulf. Because of
the proximity of the two access points, there would not seem to be
any benefit in obtaining and maintaining the old access #3.
Likewise with #6. A solid, attractively bordered concrete sidewalk
provides convenient access to the beach over easement #5, which is
on the site of the Ultimar #2 Condominium now under construction.
Again, there does not appear to be any benefit in re-establishing
easement #6.
(continued)
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Page 2
To: Pamela K. Akin
Re: Sand Key public access easements
And, finally, attached for your review is a proposed public access
easement the city will seek from the grantor described therein. It
is the intent that this document will replace the Public Access
Easement document recorded in O.R. 6037, Page 749, pine1las County
public records, that contained a reverter clause which would now be
effective since the 1981 Erosion Control Line has been severely
breached. The grant of this easement by Dan's Island 1600 Condo
Association would re-establish public access point #7. A copy of
the previous instrument is included for reference.
It would seem that five public access points on Sand Key would meet
beach renourishment requirements, as well as provide reasonable
public access.
If the Dan's Island document is sufficient for the purposes
intended, I will obtain the necessary signatures. If you feel it
advisable to take additional action regarding any of the other
easements, please let me know.
If you have further questions, my number is #6042. Thank you.
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10' Public Access Ease. 5141-1632
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@ 10' Ingress Egress Ease. 4525-994
I.If 10' Public Access Ease. 5141-1635 ~.
;' HAS /Z.8.VeA-TeJ(. plJ.t:>ieara:J:~r~.
(g) 5' Pedestrian Ease 7212-673
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~ 5' Pedestrian Eose. 7791-1555
NO /l.ev(WL/CJ<. pIt.oJeG'(1:iif).' ~'~.
~ 5' Public Access Eose. 5141-1631./i
HA~ !l.ct/eA.Te<. "1tGje:;rqd:~tttee7~"i/
(1)5' Public Access Ease. 6037-749
H4S /l.~u:rtU!.. f~J'es:reJ: lleeslAl.t.iiA-i,
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City Owned
8124-109i
YARI'U DO.. IIEY AT $AND KEY
UN'. 11-14
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PM ~ /6Cia
8515~13B:
. BU~IC PEDESTRIAN EASEMENT
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For' and in consideration of the sum of $1.00, cash in hand
paid towit, the receipt of which is hereby acknowledged, and the
benefits to be derivea therefrom, The Mills Development Group of
Florida, Inc., a Florida corporation, as Grantor, does'hereby grant
and convey to the City of Clearwater, Florida, a municipal corpor-
ation, as qrantee, an easement over, under and across the North
5 feet of the.following described land, lying and being situate
in the County of Pinellas, State of Florida, towit:
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w~~ This easement is limited to and granted solely for public
~d~~ pedestrian access purposes for the use by the public to provide
~~~~ access to the public to that portion of the beach at Sand Key, in
!-o~o~ Clearwater, Florida, which is publicly owned. This ca5cmen~ is
~u~< .
p:; ~ &-W.1j 9Gto t.G fQI;-f.e,.i,.t,\lx:-e-and-wi-l.l-beeeme-v-o--i:d-er,4e:Emi:nate-.i:n-the-
~ eveR to e f p reo t-ey-4wlEi-<;1'-an-eE):E04ha.t-t:he-publ-i:e-por-t-i on...e f-the-bea ch
~ ~d by th:i-s-ea-semen-b-}yi-ng-on.-<the-seawa:rd-s.ide,..of--the....Er.osion
d CaR tro J, t. j, RQ R~~~i..g...~s-r-il'l_wMoh-e-v.en.e-t:h,i,s...e.asemen.t-shaJ,l
be-e&Rl~e-aflE1-~er-iTtifta~d.--T-h is -pubM:c-f>M'ttoft-t>P-the-beaCR-w-i--l1
be-Gonci99re~&-no-1E)nge?-e*f&~i~he-Mean-Hi~h-W~&r-Lifle-moves
lfu,dwaxd of Lln::- Ero",.i.vu eVlllror-Liue. por-pu:rpos-e-s-herei:~
Eresisl". Qen-~rol Lihe and-t:he-Mea-n--H-i-gh-W~ne-sh'a~.a,..he 83 de
't t~~Ul!'~uant t& t.he-Beach-&rosion Con-~~reject....-AgJ;eement
bet-wee-a ~.....c:i-1:y-of Giearwa Le:t', a mUhic~paH--t:n-a'nd~i:par-i:an-up-
\ l-ar.d landowne.rs, loIbo~e pxopo:::-...Ly-f:tuuL", Lhe-6'tllf of Meri41'~
~d~~d~~~~::~~~~a~~rl;~~~~o~~~~f:~:::~~~~~-~-pu~~~.
r~v...J~ ~r FJ...",ll6.~ Cou,\Ly, I'loxl.da. .
This easemen~ is binding on the ~rantor, the Grantee, ~ei~
heirs, successors, and assigns. ~ ;
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SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED '1
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~ IN WITNESS WH~~OF' tqe Grantor has executed this
..; this ~ day of _ 4(..~ ' 1985.
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!:!~ STATE OF FLORIDA ) Kl,lt71:.:../klllJW. ':'~~Il !:leI. 43 Inl
II: COUNTY OF PINELLAS) .....~./"t::~ #~.,.u "'~I'W 101 ~~' (fYI-
I HEREBY CERTIFY that on this day .in the next above named
State and County, before me, an officer duly authorized and acting,
personally appeared ELLI M.A. MILLS, as President of THE MILLS
DEVELOPMENT GROUP OF FLORIDA, INC., a Florida corporation, to me
'well known to be the person described in and who executed the~fore-
going Public Pedestrian Easement and duly acknowledged before me
that he executed the same for the purposes therein expressed as the
act and deed of said corporation. .
lN WITNESS WHEREOF, I have hereunto set my handgd sea~ at
Clearwater, said County and State, this ..L2.- day of .JL.IlJ....J ::!...:..
A.D. 1985. ~ I ..;......
. d./~ tLF:!"!'
A.f..AA-R- )C\I~ .: ,. .
Notary Public ;~. .
My Commission Expires:
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lot, Ca/NIIIo._ Up~ Oct 17. 1901
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D.H. 6 0 3'7 PAGE 7 50
EXHIBIT -A-
. ,
Legal description of Dan's Island on Sand Key, a Condominium, 1600
Gulf Boulevard, as extended Westward to an inters~ctiori where the
erosion control established pursuant to the Beach Erosion Control
Project Agreement between the City of Clearwater, a 'municipality,
and riparian upland property owners, whose property fronts on the
Gulf of Mexico, as recorded ~n January 28, 1981, in O.R. Book 5141,
page 1590, and in Bulkhead Plat Book 2, pages 64 and 65, public
records of Pinellas County, Florida.
~600 GULF BOULEVARD.
~hat part Dfthe North 1012.54 feet of Government Lot 1 in the
Northeast 1/4 of ~ection 30, Township 29 South, Range 15 East,
~inellas County, Florida, lying Wes~ of the right-of-way of
Gulf Boulevard (100' R/H) as recorded in O.R. Book lJ42, Page
284 of the Public Records of said County, be~ng further described
as folloYSI .
Commencing at the Northeast corner.of said Section 30; thence
N. 89.04'07. W., 2351.80 feet along the North line of said
Northeast 1/4 of Section 3Q to the' West right-of-way line of said
Gulf Boulevard (100' R/W) and the .Point of Beginning-; thence
~long said West right-of-way line; 5.:31-58'20. W., 543.15 feet
to the North boundary of "Dan's Island on'Sand Key - A condominium,
l660'Gulf Boulevard., as recorded in Condominium Plat Book 60,
Pages 93 through 98, of the Publi~ Records of said County; thence
along said North boundary the following courses: . :
N . 41.59'48. W., 51.86 feet; thence s. 81-29'49. W., 32.93 feet;
thepce ieaving ,aid North boundary; N. 23"47'28a. E., 60.67 feet;
thence ~. 66-12'32- W., 42.76 feet; thence S. 23-47'28. W., 13.00
feet; thence N. 66"12'32- W., 65.80 feet; thence S. 21".9'04.W.,
45:54 feet to said North'boundary; thence along said North boundary;
N. ""33'33" W., 52.90 feet; thence leaving said North boundary;
N. '20.26' 21. E., 394.22 feet to the North line of said section
30; thence ~. 89.04'0'- E., 363.83 feet along said North line
to t~e .Point of Beg~nning..
~on~Aining 2.847 acres ~ore or less.
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Said description shall be extended West to an intersection with the
Erosion Control Line established pursuant to the Beach Erosion Control
Project Agreement between the City of Clearwater, a municipality, and
riparian upland property owners, whose property fronts the Gulf of
Mexico, as recorded on January 20, 1981, in O.R. Book 5141, page 1590,
~nd in Bulkhead Plat Book 2, pages 64 and 65, public records of Pinelli
County, Florida.
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PROP. 5' PED.
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