BOARDWALK EASEMENT - NESC LLCReturn to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY FL
INST# 2021081156 03/12/2021 09:20 AM
OFF REC BK: 21431 PG: 1720-1728
DocType=EASEMENT RECORDING: $78.00
D DOC STAMP. $0.70
BOARDWALK EASEMENT
THIS BOARDWALK EASEMENT (the "Easement") is entered into this0 la
day of
�QNt�1 , 20.14 , by and between NESC LLC, a Delaware limited liability company, whose
mailing address is c/o Norwich Partners of Sanibel, 500 Sawgrass Place, Sanibel, Florida 33957 ("Grantor")
and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is 600
Cleveland Street, Ste. 600, Clearwater, Florida 33755 ("Grantee").
WHEREAS, Grantee entered into that certain Development Agreement (the "Development
Agreement") with Louis Developments LLC, a Florida limited liability company (the "Developer") dated July
27, 2012 and recorded in O.R. Book 17666, Page 1833, Public Records of Pinellas County, Florida; and
WHEREAS, Grantor is the successor to the Developer and Grantee and Grantor entered into that
certain Amendment to Development Agreement dated January 22, 2018 and recorded in O.R. Book 20412,
Page 2230, Public Records of Pinellas County, Florida; and
WHEREAS, Paragraph 6.2.3 of the Development Agreement contemplates that Developer will
construct and maintain a boardwalk (the "Boardwalk") and to permit the general public to use the Boardwalk
and further contemplates that Developer grant an easement in favor of Grantee at the north end of the
Boardwalk so as to connect the Boardwalk to East Shore Drive; and
WHEREAS, Grantor and Grantee have agreed to the terms of the Boardwalk Easement as set forth
herein;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand
paid, the receipt of which is hereby acknowledged, and the benefits to be derived there from, Grantor does
hereby grant and convey to the Grantee, its licensees, agents, successors and assigns a non-exclusive
easement over, under, across and through the following described land lying and being situate in the County
of Pinellas, State of Florida, to wit:
See Composite Exhibit A appended hereto and by this reference made a part hereof
("Easement Premises")
1. Recitals. The above recitals are accurate, true and correct and are incorporated herein by
reference.
2. Use. The Boardwalk shall be constructed over and upon the Easement Premises and the
general public shall be permitted to enter upon, exit and traverse the Boardwalk at all times. The Grantee
shall have open and unobscured access to the Easement Premises and therefore the Grantee shall not
encroach the Easement Premises with any private uses.
3. Upkeep and Maintenance. The general, daily and regular upkeep and maintenance of the
Boardwalk shall be the duty and responsibility of the Grantee. All structural upkeep, maintenance, and
replacement of the Boardwalk shall be the duty and responsibility of the Grantor.
4. Warranties. Grantor warrants and covenants with Grantee that Grantor is the owner of fee
simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to
grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose
quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor
reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted
herein.
5. Indemnity. Grantee hereby indemnifies and agrees to defend, at Grantor's option, and hold
harmless Grantor, its successors and assigns, and its/ their directors, officers, employees, agents,
stockholders, and affiliates, from and against any and all claims for injury, death, and damage brought in
connection with the use of the Boardwalk by the general public at large; provided, however, that this
indemnification and hold harmless agreement shall not relieve Grantor of any liability for its negligence in
maintaining the Boardwalk, or any willful or wanton acts by Grantor or those under the authority or control of
Grantor. In the event that Grantor elects for Grantee to defend Grantor, Grantee will not settle any claim or
action without first obtaining the written consent of Grantor. All expenses incurred by Grantor to enforce this
indemnification, and all costs of defending any third party claims or actions brought against the Grantor
pursuant to this Easement will be the sole responsibility of the Grantee. Nothing herein shall be construed as
consent by the Grantee to be sued by third parties, or as a waiver or modification of the provisions or limits of
Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity.
6. Relocation. In the event Grantor, its successors or assigns, should ever determine it
necessary to relocate Grantee's Boardwalk constructed within the Easement Premises to facilitate further
development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns,
in consultation with and upon approval of Grantee, shall provide an alternate easement for the Boardwalk
constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the
Boardwalk within the alternate easement. Upon completion of the Boardwalk relocation Grantee shall cause
this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County,
Florida.
7. Successors and Assigns. This easement is binding upon the Grantor, the Grantee, their heirs,
successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the
land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises
by Grantee.
SIGNATURE PAGE FOLLOWS
N WITNES H EOF, the undersigned grantor has caused these presents to be duly executed
thi day of Only , 2002( .
Signed, sealed and delivered
in the presence of:
Witness signature /
`d IZ4iciteaf/�P1 VDt"
Print wtness ame
Witness signature
Y\ 160,11\ Ol'buO
Print witness name
STATE OF FLORIDA
&e :SS
COUNTY OF 8.
NESC LLC, a Delaware limited liability
company, Grantor
Signature of Officer
,Dov,
Printed Name & Title of
Icer
Before me, the undersigned authority, personally appeared an officer of NESC LLC, a Delaware limited
liability company, who executed the foregoing instrument, and who acknowledged the execution thereof to be
his/her free act and deed personally, for the use and purposes herein set forth, and who [C] is personally
known to me, or who [ ] did produce as identification.
Notary 'ubTic - Stat of Florida
i& Sr 1 y\ i etin
Type/ rint Name
„44V.
DUSTIN DARIANO
,
,. State of Florida -Notary Public
_'+I " •' Commission # GG 1701105
z. mMy Commission Expires
itoo- December 25, 2021
miu,,.
My commission expires: Up--/ ,
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared., whom, being duly
authorized does depose and say:
1. That aforesaid party is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
See Exhibit A appended hereto and by this reference made a part hereof
2. 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
will be paid during the normal course of business, except: (list, or if none, insert "NONE".
If no entry, it will be deemed that "NONE" has been entered.)
3. That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except easements and restrictions of record, any encroachments,
overlaps or other rights of third parties which would be shown by a current survey, except:
(list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been
entered.)
4. That no written notice has been received for any public hearing regarding assessments for
improvements by any government, and there are no unpaid assessments against the
above described property for improvements thereto by any government, whether or not
said assessments appear of record.
5. That there are no outstanding sewer service charges or assessments payable to any
government.
6. That the representations embraced herein have been requested by the Grantee, its agents,
successors and assigns to rely thereon in connection with the granting of the easement
herein being conveyed to encumber the above-described property.
Signed, sealed and delivered
in the presence of:
Witnessignature
tare #4. Lec,4,v6od.
Print witness name
Witness signature
bikS4-1
Print witness name
`) GU*
STATE OF FLORIDA
COUNTY OF PtltELXAS
: ss
NESC LLC, a Delaware limited liability
company, Grantor
Signature of Officer
ze-.1li f*it/-
Printed Name & Title of Officer 1
Before me, the undersigned authority, personally appeared an officer of NESC LLC, a Delaware limited
liability company, who executed the foregoing instrument, and who acknowledged the execu on thereof to be
his/her free act and deed personally, for the use and purposes herein set forth, and who [ is personally
known to me, or who [ ] did produce as identification.
Notary Public - State of Florida
Type/Print Name
;Y4p„ DUSTIN DARIANO
State of Florida -Notary Public
= Commission # GG 170605
My Commission Expires
December 25, 2021
My commission expires: ✓d � S /c-'
G:\BJA\Norwich Partners\443 East Shore\Boardwalk Easement\Boardwalk Easement v4.docx
THS IS tiff A SURVEY.
1111E IMS * MNROIIIL 111110:03115 MINIM VS PROFILIST
'REQ IIw It POUND N WE PLOW MGM OF 1111 Od$AY.
EXHIBIT A
SEC. 8. TWP. 29S.. RNG. 15 E.
PINELUS COUNTY, FLORIDA
DESCRIPTION:
A PORTION THAT CERTAIN PARCEL OF LAND AS DESCRIBED AND RECORDED IN
OFF)CIAL RECORD BOOK 20161. PAGE 2669, PUBLIC RECORDS OF PIVELL AS
COUNTY. FLORIDA. BEING LOTS 8. 9. 10, 11 AND 12, BLOCK C. A REPLAT OF
BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK 'Be OF CLEARWATER BEACH PARK
FIRST ADDITION. AS RECORDED IN PLAT BOOK 21. PAGE 21. OF SAID PUBLIC
RECORDS, TOGETHER WITH ALL LAND AND SUBMERGED LANDS LYING EAST OF SMD
LOTS. BEING BOUNDED ON THE EAST BY THE WESTERN BOUNDARY OF THE
CHANNEL IN CLEARWATER BAY. LYING IN SECTION 8. TOWNSHIP 29 SOUTH. RANGE
15 EAST, PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE N90100'00"E.
ALONG THE NORTH UNE OF SAO LOT 8, A DISTANCE OF 130.59 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N90'00100'1E, ALONG SAID NORTH UNE
AND ITS EASTERLY EXTENSION. A DISTANCE OF 7.04 FEET; THENCE S83'42'36"E, A
DISTANCE OF 8.00 FEET; THENCE SO6.03'36"W. A DISTANCE OF 56.54 FEET;
THENCE S06'20'25"W, A DISTANCE OF 244.96 FEET; THENCE S23'24'47"E, A
DISTANCE OF 13.48 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE
SOUTH UNE OF SAID LOT 12; THENCE N90'00'00144 ALONG SAID EASTERLY
EXTENSION. A DISTANCE OF 21.82 FEET; THENCE N06'20'25"E. A DISTANCE OF
259.04 FEET; THENCE N06'03'36"E. A DISTANCE OF 55.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4,760 SQUARE FEET. (0.109 ACRE), MORE OR LESS
1. X101 POR TIM SOON OF D'1011 ME EASED OK 1111 NORM LIE GF LOT 0. BOCK C. A RHILAT OF SOCK'' MD MS 1 10 15 NCL !LACK
Y OF CURNME61 LEACH PNMT .— ADDIIKIL AS N 111) N PUO NOOK 21. PAM 21. OF 1I FOLIC RECORDS OF PPWIAS COMFY. FLORIDA.
NUNS A SWANS OF NORODOM
2. AMNIONS OR DIRIMONS 10 SUM WOW OR IMPORTS IN 0051 11W1 VIE SWIM PIIRIY OR FARMS 11 PROILIMED.
3.111 MUCK OF DHCR♦PRON IS WAND ON U.S. SURMt Fat
4.111 SPEWS OF OEICEIPIEW WAS PREPARED !SMUT its EMIT OF AN MOM' OF 111LE M1 MY LE SUBJECT W EASELIENIS,, IESUMI.'IIONS.
110111S -OF -*r AND 01111 LIMENS OF MORD. VE 010IE1Y AS Mane 511 11E IMPORO® DOCl»*10S M: INN® I5MPI M1 11 SUB.T 10 AN
AACURIgE RED SOUND/Ry MAISI *.
EIS SOUTH HERCULES AVEMUE
DEUEL &ASSOCIATES CLEARWATER 784
nais.
W.%F OEUEENGIMEERIN6 COM
111 DolalNaIlli D valour 1
1E
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RONDA UCL915W SURVEYOR MD WAPPIR.
CERTIFICATE OF AUTNORQA7ION NUMBER 2.1320
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N w.s ewemezir. ...° 5 w+o 1.. ,: , LICENSED BUSINESS NUMBER 107
.oRlc poini 2021-2
SKETCH OF DESCRIPTION
455 EAST SHORE DRIVE
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CLEARWATER
PIAIEA
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TEAS IS tiff A SURVEY. SEC. 8. TWP. 29 S.. RNG. 15 E.
MIAS COUNTY. RMA
WINE WA' SE COMM (Id7wcpoNS AMMO MS PROPS IY
THIO WY SE FOUND M 111E PUNIC 1100131 Of TMs COUNIT.
DESCRIPTION:
A PORTION THAT CERTAMI PARCEL OF LAND AS DESCRIBED AND RECORDED IN
OFFICIAL RECORD BOOK 20161, PAGE 2669. PUBUC RECORDS OF PINELLAS
COUNTY. FLORIDA, BEING A PORTION OF LOTS 8. BLOCK C. A REPLAT OF BLOCK
we AND LOTS 1 TO 15 INCL BLOCK "B' OF CLEARWATER BEACH PARK FIRST
ADDmON. AS RECORDED IN PLAT BOOK 21. PAGE 21. 0f SAD PUBUC RECORDS.
TOGETHER WITH ALL LAND AND SUBMERGED LANDS LYING EAST OF SAID LOT 8,
BEING BOUNDED ON THE EAST BY THE WESTERN BOUNDARY OF THE CHANNEL IN
CLEARWATER BAY. LYING IN SECTION 8. TOWNSHIP 29 SOUTH. RANGE 15 EAST.
PINE LLAS COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE N90'00'00"E. ALONG
THE NORTH UNE OF SAID LOT 8, A DISTANCE OF 130.59 FEET; THENCE
DEPARTING SAID NORTH UNE S06'03'36"W. A DISTANCE OF 5.03 FEET; THENCE
N90'00'OO"W. A DISTANCE OF 130.63 FEET TO A POINT ON THE WEST UNE OF
SAID LOT 8; THENCE N06'29'00"E, ALONG SAID WEST UNE. A DISTANCE OF 5.03
FEET TO THE POINT OF BEGINNING.
CONTAINING 653 SQUARE FEET. (0.015 ACRE) MORE OR LESS
tialZat
1. WIN11113 PCR 11SS SKIM OF O11S11IPRO11 Alt BASED ON TIE MORIN LINE CF LOT B. EL= C. A 1413110 OF BLOCK W' AND LOPS 1 TO 15 IICL BLOC(
Y OF CLEARMr 3 BSACH PARK FIRST AMMON. AS RECORDED M PLAT BOOK 21. PARE 21. OF 111E PUSUC RECORDS OF PII®LAS COUNTY. ltOROA.
IMNAIO A IMO OF IIE011E0 t
2. MONDE OR DEMONS TD SURVEY MM'S OR INFORM ED 0335 TWIN 111E STONED PARTY OR PARRS E P3001135.
A 1114 SIMI OF 11111011501 D BREED ON U.S. SUNNY PEST.
4. DVS SIMI OF O SCEPEDII MIS PI ENNE VENOU T 11E 113351f OF AN ABSTRACT OF ERE AND MY BE SUIJE T 10 INSINEMIL RESTRICTIONS.
1111111111 -0E -WAY A11D BILK! WADE OF MOID. 1111 OEOMETIff AS OESCIEED ON THE MOWED DOCUMENTS AS NODI 11I10I MD IS STAT 10 11
AMR= Poo 1111' SUNArf.
DEUEL &ASSOCIATES
ectwesun Et:6tM.'�R�. LANDS:mvEY:1(15 l+w0RJWr.
MIS SOUTH HERCULES AVENUE
CLEARWATER. FL33764 1100 DOCUMENTa NOT WEDLIIRIOUR THE
PbIONII 72722221st IONE AID ORIUMML WISED SPA. OF A
AWN OEUELD�GINEDtllK. cow ROW LICENSED SURVEYOR OR AID wens.
CERTIFICATE OF AUTHORIZATION NUMBER 26320
!SENSED MESS NUMBER 107
WORK 011014 2021-2
SKETCH OF DESCRIPTION
455 EAST SHORE DRIVE
CLEARWATER
COY OF CLORE= FLORIDA
Jan 18. 2021 - 5:38pm X:\CAD Projects \Projects\2021\2021-2 455 East +ore Sr Clw\furveY\Acad\2021-2-LS2.dwg
DATE 1/1l/2021
DRAM UM
SCALE NO SCNE
SIFT N0. 1 Cr 2
Nizneffse
1
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tNCL BLOCK *-8" OP cLERWATER.
8EAcH PARK FiRsi AoomoN
(pa 21, PG 21)
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