DOLPHIN HARBOUR DEVELOPMENT OF ISLAND ESTATES LLC (2)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
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023194629 07/27/2023 10:04 AM
OFF REC BK: 22517 PG: 213-216
DocType:EASEMENT RECORDING: $35.50
D DOC STAMP: $0.70
EASEMENT
This EASEMENT, made this �44- day of June, 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").
WITNES SETH
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.
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:
GRANTOR:
Dolphin Harbour Development of
Island Estates LLC., a Florida limited
liabi
By:
KENNETH G. ARSENAULT, JR. 1R b rt F1,,L�yons, Manager
Print Name: v.ndt, prier►�
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument wasknowledged before me by means ofphysical presence or ❑
online notarization on this r day of June, 2023 by Robert E. Lyons as Manager of Dolphin
Harbour Development of Aland Estates LLC, a Florida limited liability company, who is
personally known to=...,.. o has produced his Driver's License as identification.
KENNETH G. ARSENAULT JR
."i Notary Public - State of Florida
I Commission # HH 334470
My Comm. Expires Feb 8, 2027
Bonded through National Notary Assn.
otary ublic, State of Florida
int Notary Name
THIS IS .LQI A SURVEY. SEC. 8 , TWP. 29 S., RNG.15 E.
PINELLAS COUNTY, FLORIDA
THERE WY BE ADD(11ONAL RESTRICTIONS AFFECTING THIS PROPERTY
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
EXHIBIT "A"
DESCRIPTION:
A PORTION OF LOTS 4 AND 5, UNIT 2 ISLAND ESTATES OF CLEARWATER, AS SHOWN ON THE PLAT
THEREOF RECORDED IN PLAT BOOK 47, PAGE 19A, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 5, UNIT 2 ISLAND ESTATES OF CLEARWATER, AS SHOWN
ON THE PLAT THEREOF RECORDED IN PLAT BOOK 47, PAGE 19A, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; THENCE ALONG THE CURVE OF THE WESTERLY BOUNDARY OF SAID LOT 5, CONCAVE
WESTERLY, AN ARC DISTANCE OF 15.00 FEET, HAVING A RADIUS OF 5,410 FEET, A CENTRAL ANGLE OF
00'09'32", AND A CHORD BEARING SO4'40'14"E, A CHORD DISTANCE OF 15.00 FEET TO A POINT OF
INTERSECTION WITH A LINE BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE NORTHERLY LINE OF
SAID LOT 5; THENCE DEPARTING SAID WESTERLY ARC N85'15'10"E, ALONG SAID LINE, A DISTANCE OF
10.00 FEET TO A POINT ON AN ARC BEING 10.00 FEET EASTERLY OF AND CONCENTRIC WITH THE
WESTERLY BOUNDARY OF LOTS 4 AND 5 OF SAID UNIT 2 ISLAND ESTATES OF CLEARWATER; THENCE
ALONG THE CURVE OF SAID ARC, CONCAVE WESTERLY, AN ARC DISTANCE OF 92.08 FEET, HAVING A
RADIUS OF 5,420 FEET, A CENTRAL ANGLE OF 00'58'24", AND A CHORD BEARING SO4'06'07"E, A CHORD
DISTANCE OF 92.08 FEET; THENCE S86'23'05"W, A DISTANCE OF 10.00 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF SAID LOT 4; THENCE ALONG THE CURVE OF THE WESTERLY BOUNDARY OF SAID
LOTS 4 AND 5, CONCAVE WESTERLY, AN ARC DISTANCE OF 91.88 FEET, HAVING A RADIUS OF 5,410
FEET, A CENTRAL ANGLE OF 00'58'24", AND A CHORD BEARING N04'06'07"W, A CHORD DISTANCE OF
91.88 FEET TO THE POINT OF BEGINNING.
CONTAINING 920 SQUARE FEET (0.021 ACRE), MORE OR LESS.
NOTES:
1. BEARINGS FOR THIS SKETCH OF DESCRIPTION ARE BASED ON THE NORTHERLY UNE OF LOT 5, UNIT 2 ISLAND ESTATES OF CLEARWATER, ACCORDING TO THE
MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 47, PAGE 19A, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. HAVING A BEARING OF
N85'15'10"E.
2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED.
3. THIS SKETCH OF DESCRIPTION IS BASED ON U.S. SURVEY FEET.
4. THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS,
RIGHTS—OF—WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN
ACCURATE FIELD BOUNDARY SURVEY.
TRAN SYSTEMS
565 SOUTH HERCULES AVENUE
CLEARWATER. FL 33764
PHONE 727.822.4151
W W W.TRANSYSTEMS.COM
LICENSED BUSINESS NUMBER 8103
THIS DOCUMENT IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OR
THE DIGITAL SIGNATURE OF THE FLORIDA
UCENSED SURVEYOR AND MAPPER SHOWN
HEREON.
DANA A. WYLLIE, PSM, LS 5874
SKETCH OF DESCRIPTION
125 ISLAND WAY
CLEARWATER
CITY OF CLEARWATER FLORIDA
PROJECT NO.
2022-14
DATE: 5/16/2023
DRAWN: TBM
SCALE N/A
SHEET NO. 1 OF 2
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THIS IS NOT A SURVEY.
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY
THAT MAY BE FOUND IN THE PUBUC RECORDS OF TINS COUNTY.
N EXHIBIT "A"
o' 40'
SCALE 1" = 40'
STORM MANHOLE
POB
WESTERLY BOUNDARY OF LOT 5
ARC LENGTH=96.43'(P)
RADIUS=5,410'(P)
CHORD=N4'14'12"W(P) 96.43'(P)
o (/)
r
z
Ip
I
A
I
02
STORM MANHOLE
IF—
WESTERLY
WESTERLY BOUNDARY OF LOT 4
ARC LENGTH=96.44'(P)
RADIUS=5,410'(P)
CHORD=N3'12'55"W(P) 96.44'(P)
LEGEND
LO
No.
OR
(P)PC
P08
POC
PSM
R/W
RNG.
SEC. •
TWP.
LEGAL DESCRIPTION
UCENSED BUSINESS
NUMBER
OFFICIAL RECORD BOOK
PLAT BOOK 47, PAGE 19A
PLAT BOOK
PAGE/PAGES
POINT OF BEGINNING
POINT OF COMMENCEMENT
PROFESSIONAL SURVEYOR
& MAPPER
RIGHT—OF—WAY
RANGE
SECTION
TOWNSHIP
SEC. 8 , TWP.29 S., RNG.15 E.
PINELLAS COUNTY, FLORIDA
LOT 6
UNIT 2 ISLAND(PS ESTAT47, ES F PG 19
POC
)
NW CORNER OF LOT 5
NORTHERLY UNE OF LOT 5
(BASIS OF BEARINGS)
t485'1510"E(P)
�43—STORM MANHOLE
NE CORNER OF LOT 5
200.00' (P)
�
j, 10.00' LOT 5
UNE 15.00'' SOUTH 85"15' S+' OF UNIT 2 ISLAND ESTATES OF CLEARWATER
U
AND PARALLEL TO THE (PB 47, PG 19A)
NORTHERLY UNE OF LOT 5
10.00'
ARC 10.00' EAST OF AND
CONCENTRIC WITH THE WESTERLY
BOUNDARY OF LOTS 4 AND 5
920 SQUARE FEET
(0.021± ACRE)
S86°23' 05"W
10.00'
EASTERLY BOUNDARY OF LOT 5
ARC LENGTH=100'(P)
RADIUS=5,610'(P)
CHORD=N4 14' 12"W(P) 100'(P)
LOT 4
UNIT 2 ISLAND P
ESTATES OFA) CLEARWATER
(P8 47,
CURVE
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BRING
CHORD LENGTH
C1
15.00
5410' P)
00'09'32"
SO4'40'14 E
15.00'
C2
92.08'
5420
00'58'24"
SO4'06'07"E
92.08'
C3
91.88'
5410'(P)
00'58'24"
N04 06'07"W
91.88'
LOT 3
UNIT 2 ISLAND ESTATES OF CLEARWATER
NOTES:
1. BEARINGS FOR THIS SKETCH OF DESCRIPTION ARE BASED ON THE NORTHERLY UNE OF LOT 5, UNIT 2 ISLAND ESTATES OF CLEARWATER, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 47, PAGE 19A, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. HAVING A BEARING OF
N8515'10'E.
2. ADDITIONS OR DELETIONS TO THIS SKETCH OF DESCRIPTION OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED.
3. THIS SKETCH OF DESCRIPTION IS BASED ON U.S. SURVEY FEET.
4. THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS.
RIGHTS—OF—WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN
ACCURATE FIELD BOUNDARY SURVEY.
5. THIS MAP IS INTENDEp TO BE DISPLAYED AT A SCALE OF 1/40 OR SMALLER.
TRANSYSTEMS
565 SOUTH HERCULES AVENUE
CLEARWATER. FL 33764
PHONE 727.822.4151
W W W.TRANSYSTEMS.COM
LICENSED BUSINESS NUMBER 8103
THIS DOCUMENT IS NOT VALID WITHOUT THE
SIGNATURE ANO ORIGINAL RAISED SEAL OR
THE DIGITAL SIGNATURE OF THE FLORIDA
UCENSED SURVEYOR AND MAPPER SHOWN
HEREON.
I, DANA A W11UE, THE SURVEYOR N1 RESPONSIBLE CHARGE. CERTIFY THAT THE
SKETCH REPRESENTED HEREON, WAS MADE UNDER MY SUPERVISION AND MEETS THE
STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS
AND MAPPERS, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES AS
PRESCRIBED IN CHAPTER 5J-17.052(6) DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES. THIS DOCUMENT IS NOT VALE WITHOUT THE ORIGINAL
SIGNATURE AND SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER EXCEPT
THOSE WITH ELECTRONIC SIGNATURE AND ELECTRONIC SEAL
SKETCH OF DESCRIPTION
125 ISLAND WAY
CLEARWATER
CITY OF CLEARWATER FLORIDA
PROJECT NO.I2022-14
DATE 5/16/2023
DRAWN: IBM
SCALE 1" = 40'
SHEET NO. 2 OF 2
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