RESOLUTION NUMBER 89-01 FOR RELEASING MINERAL AND PETROLEUM RIGHTS IN CONFORMANCE WITH SECTION 270.11 FLORIDA STAUTES
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RES 0 L UTI 0 N N O. 89-1
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA, RELEASING MINERAL AND
PETROLEUM RIGHTS IN CONFORMANCE WITH SECTION 270.11,
FLORIDA STATUTES.
WHEREAS, Mas One Limited Partnership has heretofore executed with this
agency an Agreement for Purchase and Sale of Real Property dated September 29,
1989, for the purchase of the property hereinafter described, to-wit:
LEGAL DESCRIPTION: LOT 4
A portion of the former Seaboard Coast Line Railroad Company's right-of-way,
lying in Section 16, Township 29 South, Range 15 East, conveyed to the City of
Clearwater in Official Records Book 3473, Page 918 of the Public Records of
Pinellas County, Florida, being more particularly described as follows:
Commence at the Northeast corner of said Section 16; thence S.88058140"W. along
the North line of said Section 16 for 614.19 feet; thence S.03006140"W. along
the Easterly line of said former railroad right-of-way for 604.52 feet to a point
on the Southerly right-of-way line of Laura Street and the POINT OF BEGINNING;
thence continue S.03006140"W. for 87.87 feet; thence S.88030147"W. for 45.22
feet; thence S.43030147"W. for 39.02 feet; thence S.88030147"W. for 29.29 feet;
thence N.01030'25"W. for 30.22 feet; thence S.88047I08"W. for 18.05 feet; thence
N.03006140"E. for 218.22 feet to the Southerly right-of-way line of Laura Street
and to a point on the arc of a non-tangent curve, concave to the Southwest (from
which a radial line bears S.38048130"W. to the center of said curve); thence
along said right-of-way line for the next three (3) courses: 1) Southeasterly
along the arc of said curve, having for its elements a radius of 125.00 feet,
a central angle of 17022150", an arc distance of 37.92 feet, a chord of 37.77
feet and chord bearing of S.42030105"E; 2) non-tangent to aforesaid curve
S.30044158"E. for 50.63 feet to a point on the arc of a non-tangent curve,
concave to the Northeast (from which point a radial line bears N.57051IOO"E. to
the center of said center); 3) Southeasterly along the arc of said curve, having
for its elements a radius of 170.38 feet, a central angle of 28052129", an arc
distance of 85.86 feet, a chord of 84.96 feet and chord bearing S.46035115"E to
THE POINT OF BEGINNING.
Containing 18,893 square feet, more or less.
LEGAL DESCRIPTION: LOT 5
A portion of the former Seaboard Coast Line Railroad Company's right-of-way,
lying in Section 16, Township 29 South, Range 15 East, conveyed to the City of
Clearwater in Official Records Book 3473, Page 918 of the Public Records Book
of Pinellas County, Florida, being more particularly described as follows:
Commence at the Northeast corner of said Section 16; thence S.88058140"W. along
the North line of said Section for 614.19 feet; thence S.03006140"W. along the
Easterly line of said former railroad right-of-way for 450.32 feet to a point
on the Southerly right-of-way 1 ine of Hendricks Street; thence N .89042112"W.
along said right-of-way line for 10.01 feet to the POINT OF BEGINNING; thence
S.03006140"W. for 86.22 feet to the Northerly right-of-way line of Laura Street
and to a point on the arc of a non-tangent curve, concave to the Northeast (from
which point a radial .line bears N.47034141"E. to the center of said curve) thence
along said right-of-way line for the next three (3) courses: 1) Northwesterly
along the arc of said curve, having for its elements a radius of 120.38 feet,
a central angle of 10000'22" and arc distance of 21.02 feet, a chord of 21.00
feet and chord bearing N.37025I08"W; 2) non-tangent to aforesaid curve
N.30044158"W. for 63.43 feet to a point on the arc of a tangent curve, concave
to the Southeast; 3) Northwesterly and Northeasterly along the arc of said curve,
having for its elements a radius of 10.00 feet, a central angle of 121002146",
an arc distance of 21.13 feet, a chord 17.41 feet and chord bearing of
N.29046124"E. to a point on the Southerly right-of-way line of Hendricks Street;
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thence S.89042113"E. along said Southerly right-of-way line for 41.22 feet to
the POINT OF BEGINNING.
Containing 2,571 square feet, more or less.
WHEREAS, Section 270.11, Florida Statutes, requires local governments to
reserve mineral and petroleum rights in all deeds and contracts for the sale of
land; and
WHEREAS, this agency in its contract with Mas One Limited Partnership did
reserve mineral and petroleum rights in accordance with said Statute; and
WHEREAS, the lending institution which will be financing construction upon
said land herein described refuses to lend money for the purchase of said land
with this clause in the deed because the title insurance company will not warrant
the title without making the reservation an exception to the insured title; and
WHEREAS, Section 270.11, Florida Statutes, also provides that a local
government may sell or release such reserved interest upon petition by the
Purchaser and upon submission of reasons justifying the release; and
WHEREAS, Mas One Limited Partnership has requested that this agency release
the mineral and petroleum rights in conformance with Section 270.11, Florida
Statutes, from the real estate deed for the following reasons:
(1 ) There are no known depos i ts of phosphate, mi nera 1 s, meta 1 s or
petroleum in, on or under said land;
(2) The Purchaser needs to have said mineral and petroleum rights
released to complete the purchase of the property; and
(3) The Purchaser is going to have a multi-story building constructed
on said land and needs to be able to do so without concern that the underground
supporting material might be removed by subsequent mining.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The Community Redevelopment Agency (CRA) hereby releases any
and all mineral rights reserved in the contract and in the deed to be issued
conveying the real estate hereinabove described to Mas One Limited Partnership.
Section 2. The deed to be issued in conformance with the contract between
the parties shall be issued without reservation of any and all mineral rights
as reserved in the contract between the parties dated September 29, 1989.
Section 3.
Certified copies of this Resolution shall be delivered
forthwith to the City Clerk for the City of Clearwater, Florida and to the
representative of Mas One Limited Partnership.
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Section 4. This Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this~day of
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C\ ~~> ~~oe
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, 1989.
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