DOLPHIN HARBOUR DEVELOPMENT OF ISLAND ESTATES LLCKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023115534 05/03/2023 12:43 PM
OFF REC BK: 22428 PG: 402-404
DocType:EASEMENT RECORDING: $27.00
D DOC STAMP: $0.70
PREPARED BY AND TO BE RETURNED TO:
Kenneth G. Arsenault, Jr.. Esquire
ARSENAULT LAW OFFICES. P.A.
19535 Gulf Boulevard. Suite E
Indian Shores. Florida 33785
EASEMENT
This EASEMENT, made this Ul‘day of 0 - 2023, by
DOLPHIN HARBOUR DEVELOPMENT OF ISLAND ESTATES, LLC, a Florida
Limited Company owner of the real property described below ("Grantor") to City of
Clearwater, whose address is 100 S. Myrtle Ave., Clearwater, FL 33756 ("Grantee").
WITNESSETH
Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grants and convey unto the Grantee, its successors and assigns, a non-exclusive
perpetual drainage easement ("Easement") over and across the following described property,
located in Pinellas County, Florida, to wit:
Lands described in legal description attached as Exhibit "A" and made a part hereof,
hereinafter referred to as the "Easement Area."
TO HAVE AND TO HOLD said Easement unto said Grantee forever, subject to the
following conditions:
1. Grantor hereby warrants and covenants that (a) Grantor is the owner of the fee simple
title to the property in which the Easement Area is located, and that (b) Grantor has full
right and lawful authority to grant and convey this Easement to the Grantee.
2. The rights granted herein specifically include: (a) the right to install, inspect, maintain,
and repair all current and future drainage facilities ("Facilities"), under, over, and upon
the Easement Area; and (b) the right to clear the Easement Area of trees, limbs,
undergrowth, and other physical objects which may endanger or interfere with the safe
and efficient installation, operation or maintenance of the Facilities.
3. The grant of this Easement may allow the Grantor quiet enjoyment of the Easement Area
to the extent that such use does not interfere with rights granted herein.
4. Except for those acts reasonably necessary to accomplish the purposes of this
Easement, Grantee also covenants not to do any acts or things, which it could reasonably
expect to cause damage to Grantor's premises. If any improvements located within the
Easement Area are damaged or removed during the maintenance and replacement of the
City of Clearwater owned storm pipe, Grantor, its successors, assigns including any
condominium or homeowner association owning all or any part of the Easement Area will
be responsible for the repair or replacement of any such improvements so damaged.
Page 1 of 2
Grantor shall not allow any improvements to be located within the Easement Area without
the Grantee's express written approval, except for landscaping, driveway, and parking.
5. Miscellaneous.
a. Except as otherwise expressly provided herein, all provisions herein contained,
including the benefits, burdens and covenants, are intended to run with the land and
shall be binding upon and inure to the benefit of the respective successors and
assigns of the parties hereto.
b. Nothing contained herein shall be deemed to be a gift or dedication of any of the
property described herein to the general public or for the general public or for any
public purposes whatsoever, it being the intention of Declarant that this Declaration
shall be strictly limited to and for the purposes herein expressed.
c. This easement constitutes all of the agreements, understandings and promises
between the parties hereto, with respect to the subject matter hereof.
IN WITNESS WHEREOF, the Grantor has hereunto set their hand the day and
year first above written.
SIGNED AND DELIVERED IN THE PRESENCE OF:
WITNESS:
Print Name:
t
KENNETH G. ARSENAULT. JR.
GRANTOR:
Dolphin Harbour Development of
Island Estates LLC., a Florida limited
liability
By:
Stephen J. Page, Manager
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument waQ acknowledged before me by means of physical presence or 0
online notarization on this is day of Iebrxuy , 2023 by Stephen J. Page as Manager of
Dolphin Harbour Development of Island Estates LLC, a Florida limited liability company, who is
personally known to me or who has produced his Driver's License as identification.
AMANDA ARSENAULT
•,; MY COMMISSION GG 313491
EXPIRES: April 1T, 2023
Aili''' FS4P' Bonded 11uu Notary Public Undenvrier$
Page 2 of 2
Notary Public, State of Florida
Print Notary Name
DESCRIPTION:
A 15 FOOT WIDE DRAINAGE EASEMENT BEING THE NORTH 15 FEET OF LOT 5 OF UNIT 2, ISLAND ESTATES, PLAT
BOOK 47, PAGE 19A AND 20B OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING IN SECTION
08, TOWNSHIP 29 SOUTH, RANGE 15 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 5, AND THE POINT OF BEGINNING, THENCE DEPART
THE WESTERLY LINE OF LOT 5 ALONG THE NORTHERLY LINE OF LOT 5, NORTH 85°1:10" EAST, 201.16 FEET TO
THE EASTERLY LINE OF LOT 5 AND TO A POINT LYING ON A CURVE CONCAVE WESTERLY; THENCE DEPART SAID
NORTHERLY LINE AND ALONG SAID EASTERLY LINE, ALONG SAID CURVE WITH A RADIUS OF 5611.16 FEET,
THROUGH A CENTRAL ANGLE OF 0°09'11", AN ARC LENGTH OF 15.00 FEET, WITH A CHORD BEARING SOUTH
4°40'14" EAST, AND CHORD LENGTH OF 15.00 FEET; THENCE DEPART SAID EASTERLY LINE PARALLEL TO THE
NORTHERLY LINE OF LOT 5, SOUTH 85°15'10" WEST, 201.16 FEET TO THE WESTERLY LINE OF SAID LOT 5 AND A
CURVE CONCAVE WESTERLY; THENCE ALONG SAID WESTERLY LINE AND SAID CURVE HAVING A RADIUS OF
5410.00 FEET, THROUGH A CENTRAL ANGLE OF 0°09'32", WITH A CHORD BEARING NORTH 4°40'04" WEST, AND
CHORD LENGTH OF 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,017 SQUARE FEET MORE OR LESS.
CURVE TABLE
Curve #
Length
Radius
Delta
Chord Length
Chord Bearing
C6
15.00'
5611.16'
0°09'11"
15.00'
S4° 40' 14"E
C7
15.00'
5410.00'
0°09'32"
15.00'
N4° 40' 04"W
C7
I
POC/POB
NW CORNER
LOT 5
LOT 6
UNIT 2 ISLAND ESTATES
PLAT BOOK 47 PAGE 19A
15' DRAINAGE EASEMENT
3017 SQUARE FEET ±
C6
HORIZONTAL SCALE
8.5"x11":1"= 50'
I __J
0 25 50 100
WESTERLY LINE
OF LOT 5
NOTES
1. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, NAD 83 (2011 ADJ).
DERIVING A BEARING OF NORTH 85°15'10" EAST FROM THE NORTHERLY LINE OF LOT 5.
2. THIS SURVEY WAS PREPARED WITHOUTH THE BENEFIT OF A TITLE REPORT AND THIS SURVEY IS SUBJECT TO PERTINENT
EASEMENTS, RIGHTS OF WAY AND RESTRICTIONS OF RECORD, IF ANY.
3. THIS SURVEY DRAWING WAS PREPARED FOR THE EXCLUSIVE USE OF THE PARTY OR PARTIES CERTIFIED TO BELOW FOR THE
EXPRESS PURPOSE STATED HEREON AND/OR CONTAINED IN THE CONTRACT BETWEEN PARK COASTAL SURVEYING, LLC. AND THE
CLIENT FOR THIS PROJECT. COPYING, DISTRIBUTING, AND/OR USING THIS DRAWING, IN WHOLE OR IN PART FOR ANY PURPOSE
OTHER THAN ORIGINALLY INTENDED WITHOUT WRITTEN CONSENT FROM PARK COASTAL SURVEYING, LLC. IS STRICTLY PROHIBITED,
AND RENDERS THE SURVEYORS CERTIFICATION, SIGNATURE, AND SEAL NULL AND VOID. ANY QUESTIONS CONCERNING THE
CONTENT OR PURPOSE OF THIS DRAWING SHOULD BE DIRECTED TO PARK COASTAL SURVEYING, LLC.
4. THE SURVEY MAP AND REPORT AND THE COPIES OF THE SURVEY MAP AND REPORT, EXCEPT THOSE WITH ELECTRONIC SIGNATURE
AND ELECTRONIC SEAL, MUST CONTAIN A STATEMENT INDICATING THAT THE SURVEY MAP AND REPORT OR THE COPIES THEREOF
ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
5. THIS IS NOT A BOUNDARY SURVEY.
Job Number:
SKETCH AND DESCRIPTION
OF 15' DRAINAGE EASEMENT
PINELLAS COUNTY, FLORIDA File Name:
VACATED EASEMENT
21-0198
Project Manager: TDP
LOT 5
UNIT 2 ISLAND ESTATES
PLAT BOOK 47 PAGE 19A
LOT 4
UNIT 2 ISLAND ESTATES
PLAT BOOK 47 PAGE 19A
EASTERLY LINE
OF LOT 5
LEGEND
(C)
(P)
POC
FOB
TYP.
CCR#
IRCF
NDF
R/W
C#
t
CALCULATED
PLAT
POINT OF
COMMENCEMENT
POINT OF BEGINNING
TYPICAL
CERTIFIED CORNER RECORD
NUMBER
IRON ROD & CAP FOUND
NAIL AND DISK FOUND
RIGHT OF WAY
CURVE NUMBER
MORE OR LESS
ID# IDENTIFICATION
NUMBER
CMF
P.B.
PG.
N/F
LB#
O.R.B
EL.
(M)
CONCRETE MONUMENT
FOUND
PLAT BOOK
PAGE
NOW OR FORMERLY
LICENSE BUSINESS
NUMBER
OFFICIAL RECORDS BOOK
ELEVATION
MEASURED
Sketch Date:
12/07/2022
Drawn By:
BH
Located in: Section 8, Township 29 South,
Range 15 East
THIS SURVEY IS NOT VALID WITHOUT
THE 5a' ^ T 14.F„.^* 'rs ORIGINAL RAISED
40•x'S .9 DlgitiilVilLAed
46)/114Mb ® Park
Date:
2022.12.08
1255'3:1'05'00'
Florida Sue;eyors Registration #6731
V � G(C )AS7gC
3820 36th Avenue East, Palmetto
L.B. #7915
Phone #941.416.1611 Fax #941.375.0096