Loading...
89-58 , '. . . - ft :) RES 0 L UTI 0 N H O. 89~58 A RESOLUTI ON OF HIE CITY OF CLEARWA TER , FLOR I DA, RELEASING MINERAL AND PETROLEUM RIGHTS IN CONFORMANCE WITH SECTION 270.11, FLORIDA STATUTES. WHEREAS, Mas One Limited Partnership has executed with the Connnunity Redevelopment Agency of the City of Clearwater (CRA) an Agreement for Purchase and Sa le 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 5.88058'40"W. along the North line of said Section 16 for 614.19 feet; thence S.03006'40"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. far 87.87 feet; thence S.88030'41"W. for 45.22 feet: thence S.43030'47"W. for 39.02 feet: thence S.88030'47"W. for 29.29 feet: thence N.01030'25"W. far 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 :7022150", an arc distance of 37.92 feet, a chord of 37.77 feet and chord bearing of S.42030'05"E: 2) non-tangent to aforesaid curve S.30044'58"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.57051'00"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 28052'2911, 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-af-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 Pine11as County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 16; thence S.88058'40IlW. along the North line of said Section for 614.19 feet: thence S.03006140I1W. along the Easterly line of said former railroad right-af-way for 450.32 feet to a point on the Southerly right-of-way 1 ine of Hendricks Street: thence N.89042112I1W. along said right-of-way line for 10.01 feet to the POINT OF BEGINNING: thence S.03006140"H. 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-af-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 10000122" and arc distance of 21.02 feet, a chord of 21.00 feet and chord bearing N.37025'08"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.29046'24uE. to a point on the Southerly right-of-way line of Hendricks Street; 1 " , , ", - It thence S.89042113ItE. along said Southerly rfght~of~loIay line for 41.22 feet to the POINT OF BEGINNING. Contafning 2,571 square feet, more or less. WHEREAS. the real estate described above is owned by the C~ty of Clearwater but is being sold to the CRA by the City so that it can be resold and developed by Mas One Limited Partnership: and 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, the eRA in its contract with Mas One Limited Partnership did reserve mineral and petroleum rights in accordance with said Statute: and WHEREAS, the City has reserved the mineral and petroleum rights in its conveyance to the eRA: 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 from the CRA 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 I ~,lso 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 both the City and CRA 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 its of phosphate, mi nera 1 s, metals 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 CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby releases any and all mineral rights reserved in the contract and in the deed to be issued conveying the real 2 r __:__........, ;.n_.~.T_____-.......----r.4-----....... ,"' ..- " .- ... ,.... ....... ... . ... I . . " , . e estate hereinabove described to the Community Redevelopment Agency of the City of Clearwater, Florida. Section 2. The deed to be issued between the City and CRA shall be issued without reservation of any mineral rights whatsoever. Section 3. Certified copies of this Resolution shall be delivered forthwith to the Secretary of the Community Redevelopment Agency of the City of ' Clearwater, Florida, and to the representative of Mas One Limited Partnership. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED thist~ay of November, 1989. Attest: , ~' lL' .~ _0 : ) :, -A-JL- ':'. QIt... Cynt 1., ~. GD~.U J Cit~ 'l~rk" '. . , 3 '.