RESOLUTION NO. 79-80
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RESOLUTION
SEP IB 4 o3PH~79
No. 79 - 80
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, ACCEPTING
DEDICATION OF ROADWAY EASEMENT BY FLORIDA
POWER CORPORATION.
WHEREAS, Florida Power Corporation is the owner in fee simple
of certain land set forth in an instrument of dedication dated March 8, 1979;
and
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l(~ WHEREAS, Florida Power Corporation is willing to dedicate to the
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Reso #79-80
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the City Commission of the City of Clearwater, Florida,
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hereby accepts the dedication of a perpetual roadway easement from Florida
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Power C;;orporation as set forth in the instrument of dedication dated March 8,
1979, a copy of which, together with the description of the roadway easement,
is attached as Exhibit 1. The City Commis sion on behalf of the City of
Clearwater further agrees to abide '"by the conditions set forth in the instrument
of dedication attached hereto.
2. That the City Clerk of the City of Clearwater is hereby directed
to record the instrument of dedication submitted by Florida Power Corporation
in the Public Records of Pinellas County, Florida.
3. That this Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this
,6th
day of September, A. D. 1,979.
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52-ANEqvANL/BAP~
Appl. ~S CL24, CL-25 & CL-27
REW:r1b 3/5/79
D E D I CAT ION
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OcR, (! e 14 PAGE 12 3 8
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WHEREAS, FLORIDA POWER CORPORARION, a Florida corporation having its
general offices and principal place of business at 3201 Thirty-Fourth Street
South in the City of St. Petersburg, County of Pinellas and State of Florida,
as "DEDICATOR" herein, is the owner of the fee-simple title to the following-
described lands in the County of Pine lIas and State of Florida, to-wit:
A) A 208-foot wide strip of land comprising (among other
lands) the North 208 feet of the NW~ of Section 20,
Township 28 South, Range 16 East, said strip of land
being more particularly described in Trustee's Deed
dated October 3, 1962 and subsequently recorded
October 12, 1962 in Official Records Book 1528 at
Page 222 as Clerk's Instrument No. 998388A of the
Public Records of Pinellas County, Florida; and
B) A l78-foot wide strip of land comprising (among other
lands) the West 178 feet of Block 2 and the West 178
feet of Block 3 in UNIT NO.1 - SEC. B, CHAUTAUQUA
"ON THE LAKE," according to the plat thereof recorded
in Plat Book 9 at Page 57 of the Public Records of
Pinellas County, Florida, the same being located in
the NW~ of NW~ of Section 32,Township 28 South, Range
16 East, said strip of land being more particularly
described as a portion of PARCEL C in Limited Warranty
Deed dated September 26, 1962 and subsequently recorded
September 27, 1962 in Official Records Book 1518 at
Page 92 as Clerk's Instrument No. 993727A of the Public
Records of Pinellas County, Florida;
and
WHEREAS, DEDICATOR is presently utilizating said strips of land as
private corridors accommodating DEDICATOR'S aerial wire lines for the
high-voltage transmission and distribution of electricity, an underground
pipeline for the high-pressure transmission of hot fuel oil and other
substances, and certain related fixtures and accessories appurtenant thereto;
and
WHEREAS, DEDICATOR has been requested to dedicate to the general
public three perpetual roadway easement areas transversal to DEDICATOR'S said
strips of land to allow crossings thereof by the streets, roadways and/or
thoroughfares known respectively as lIFoxhill Drive" (a 60-foot width),
"Northridge Drive" (a 60-foot width),' and "Enterprise Road" (a 100-foot width),
and DEDICATOR is willing to so dedicate, SUBJECT, however, to certain terms and
conditions.
NOW, THEREFORE WITNESSETH, that DEDICATOR, for and in consideration of
the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, has dedicated and by these presents
does dedicate to the general public three certain perpetual roadway easement
areas comprising those portions of DEDICATOR'S fee-owned lands as described
in EXHIBIT "A" attached hereto and by this reference incorporated herein and
made a part hereof only for use as the streets, roadways and/or thoroughfares
known respectively as "Foxhill Drive" (a 60-foot width), "Northridge Drive"
(a 60-foot width), and lIEnterprise Road" (a 100-foot width), PROVIDED THAT:
1) Both DEDICATOR'S Superintendent of Underground Transmission or
his designated alternate (Telephone: 813/866-5729, St. Petersburg)
and DEDICATOR'S Superintendent of Transmission Rights-ai-way or
his deSignated alternate (Telephone: 813/866-5240, St. Petersburg)
shall be notified at least 48 hours prior to each commencement of
construction activities within any of the roadway easement areas
upon DEDICATOR'S premises so that DEDICATOR may have an authorized
representative present to observe such activities.
This document prepared by BLAIR W, CLARK
RETURN TO: Real Estate Dept., Fia. Power Corp.
P. 0, Box 14042, St. Petersburg, Fl., 33733
Reso #79-80 attachment
9 / 6 / 79
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2) All construction activities, operations and equipment used within
any of the roadway easement areas upon DEDICATOR'S premises shall,
at all times, be in strict compliance with all applicable provisions
of the National Electric Safety Code (NESC) and all applicable
rules and regulations of the Occupational Safety and Health Act of
1971 (OSHA).
3) Such public use of DEDICATOR'S premises shall, at all times, be
compatible with DEDICATOR'S transmission and related uses and
cons istent with sound engineering and safety pract ices.
4)
DEDICATOR specifically reserves the continuing right to utilize
the roadway easement areas for DEDICATOR'S own purposes and
shall not be liable for damage to the roadway facilities therein
howsoever resulting from DEDICATOR'S utilization thereof. DEDICATOR,
however, shall not willfully cause undue damage to said roadway
facilities.
5)
DEDICATOR shall not be assessed for any improvements within the
said roadway easement areas.
6)
Other than DEDICATOR'S existing and future facilities and the
roadway facilities, no party shall build, construct or create
any buildings, structures, utilities, obstacles or excavation
within any of the roadway easement areas without prior written
permission from DEDICATOR.
7)
Any costs, attorneys' fees or expenses incurred by DEDICATOR in
construing or enforcing this dedication shall be borne by the party
uti1iz~ng the roadway easement areas.
8)
Nothing contained in or contemplated by this dedication shall
create any liability on the part of DEDICATOR arising from the
public use hereinbefore mentioned.
All of the above-mentioned conditions are agreed to by the acceptance of
this dedication. DEDICATOR hereby requests that this dedication be recorded in
the Public Records of Pinel1as County, Florida.
IN WITNESS WHEREOF, the said DEDICATOR has caused these presents to be
executed in its corporate name by its proper officers thereunto duly authorized
and its official corporate seal to be hereunto affixed and attested this 8~!t
day of March, 1979.
FLORIDA POWER CORPORATION
( "DEDICATOR")
By: ~~~ p&~1f-
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STATE OF FLORIDA
COUNTY OF PINELLAS
. . ,:;;;,,;.u.The foregoing Dedication was acknowledged before me this IJItt day
...>oll1ilr.s:~">t,F9, by N..e4 E. ~OCII'-e as Vice President
.::',.'.~}fd"D'Y"~~t;. A"7.C;~;;I-()#'7 f as AJJ/.s~OI'l../. Secretary, respectively,
< <::~';O~,E:4QttX"A..~ER CORPOlATION, a Florida Corporation, on behalf of the Corporation.
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My Cormnfssion Expires:
Notary Public, State of florida at Lurg\J
lM}:J;omml~ionExpires APRIL. 7, 19S2
9/6/79
Reso #79-80 attachment
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E X H I BIT "A" '
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LEGAL DESCRIPTION:
For Attachment as a Part of DEDICATION
Dated March 8 , 1979
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Roadway Easement for "Foxhill Drive" (60')
A tract of land lying in the NW 1/4 of Section 20, Township 28 South,
Range 16 East, Pinellas County, Florida being more particularly des-
cribed as follows:
COMMENCE at the North 1/4 corner of said Section 20; thence N 89057102W,
along the north line of said Section 20, for 497.52 feet to the POINT
OF BEGINNING, said point also being on the north line of a 208.00 feet
wide Florida Power Corporation Right-of-Way; thence southeasterly along
the arc of a curve that is concave to the west having a radius of
530.00 feet and a central angle of 503514111 for 51.75 feet to a point
of tangency; thence S 0000146"E for 156.33 feet to a point on the south
line of said Florida Power Corporation Right-Of-l,olay; thence (\ 89057102"\':,
along said Right-Of-\~ay line for 60.00 feet; thence N 0000146"\01 for
156.27 feet to a point of curvature of a curve that is concave to the
Ivest; thence northwesterly along the arc of said curve having a radius of
470.00 feet and a central angle of 60191111' for 51.84 feet to a point
on the said north line of said Right-Of-Way; thence S 89057'02"E along
said Right-Of-Way line, for 60.34 feet to the POINT OF BEGINNIilG.
* * * * * * * * * * * * *
LEGAL DESCRIPTION: Roadway Easement for "Northridge Drive" (60')
A tract of land lying in the NW 1/4 of Section 20, Township 28 South,
Range 16 East, Pinellas County, Florida being more particularly des-
cribed as follows:
CO~'li/jENCE at the NOI~th 1/4 corner of said Section 20; thence S 0000146" E
for 208.00 feet; thence N 89057102" W, along the south line of a 208.00
feet wide Florida Power Corpor~tion Right-of-Way, for 1523.35 feet to
the POINT OF BEGINNING; thence continue N 89057'02'1 W for 60.00 feet;
thence N 000215811 E for 208.00 feet to a point on the ~orth line of
said Florida Power Corporation Right-of-Way; thence S 89057'02'1 E, along
said line for 60.00 feet; thence S 0002158" W 'for 208.00 feet to the
POINT OF BEGINNING.
"
* * * * * * * * * * * *
LEGAL DESCRIPTION: Roadway Easement for "Enterprise Road" (100')
A tract of land lying in the NW 1/4 of Section 32, Township 28 South,
Range 16 East, Pinellas County, Florida being more particularly des-
cribed as follows: '
COMMENCE at the NW Corner of said NW 1/4 of Section 32; thence S 000012911 E,
along the west line of said NW 1/4 of Section 32, for 436.70 feet to the
POINT OF BEGINNING, said point also being on the westerly line of a
33.00 feet wide Florida Power Corporation Easement; thence 33.86 feet
northeasterly along the arc of a curve that is concave southeasterly
having a radius of 1474.65 feet and a central angle of 1018156" to a
point on the easterly line of said Easement, said point also being on
the westerly line of a 175.00 feet wide Florida Power Corporation Right-
of-Way; thence continue 177.20 feet northeasterly along the arc of said
curve having a radius of 1474.65 feet through a central angle of 6053105'1
to a point on the easterly line of said Right-of-~~ay line; thence S 0000129" E
along said easterly line for 100.47 feet; thence 177.54 feet southwesterly
along the arc of a curve that is concave southeasterly having a radius
of 1374.65 feet and a central angle of 702315911 to a point on the westerly
line of said Right-of-Way also being on the easterly line of said Easement;
thence continue 33.99 feet along the arc of said curve having a radius
of 1374.65 feet through a central angle of 1025100" to a point on the
westerly line of said Easement; thence N 000012911 W, along said westerly
1ine, for 103.09 feet to the POINT OF BEGINNING.
Reso #79-80 attachment
9/6/79
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