00-08
.
.
.
RESOLUTION NO. 00-08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, DETERMINING THE NECESSITY TO
CONSTRUCT A REGIONAL STORMWATER TREATMENT
FACILITY IN DOWNTOWN CLEARWATER, AUTHORIZING
AND DIRECTING CONDEMNATION OF THE NECESSARY
PROPERTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has been advised by its Department of Public
Works that it is necessary and in the public interest to construct a stormwater facility in
downtown Clearwater, to alleviate localized flooding and to treat stormwater prior to
discharge to Clearwater Harbor, to facilitate redevelopment of up to 150 acres of
downtown property, thereby greatly enhancing economic opportunities for its citizens;
and,
WHEREAS, the City Commission has determined that the acquisition of certain
property and property rights is necessary for this public purpose; and,
WHEREAS, the City Commission is empowered by the Florida Constitution and
Chapters 73, 74, 166, and 334 through 338, Florida Statutes, to exercise the power of
eminent domain and acquire such property and property rights as is deemed necessary
by the City Commission for the construction of this project; and,
WHEREAS, the Department of Public Works has defined the limits of
construction for the regional stormwater treatment facility, and intends in good faith to
construct the facility upon the hereinafter described property, in accordance with
conceptual drawings for the Town Pond Retention Project (City of Clearwater
Engineering Department Project No. 98-0116-EN); and,
WHEREAS, the City Commission has considered engineering analysis and work
shop presentations and has determined the necessity of acquiring certain property and
property rights only after considering alternative sites, or the lack thereof, environmental
considerations, costs of the project, long term area planning and economic benefits to
all the citizens of Clearwater; and,
WHEREAS, attempts to negotiate the acquisition of the necessary property and
property rights have been unsuccessful, and it is therefore necessary to exercise the
power of eminent domain for the public purpose of facilitating the redevelopment of
downtown Clearwater and enhancing economic opportunities for its citizens; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Resolution 00-08
.
Section 1. The City Commission finds it necessary and in the public interest to
construct the Town Pond Retention Project in accordance with conceptual plans for the
project.
Section 2. The city Commission authorizes the Public Works Administrator or
his designee, to give testimony and commit the City to the existing conceptual plans,
and developing engineering plans for this project.
Section 3. The City Commission commits itself to the particular use and extent
of the property to be taken as reflected in the conceptual and preliminary engineering
plans.
Section 4. The City Commission finds it necessary to acquire the specified
interest in the following described property in order to construct said project in
accordance with such plans:
A PORTION OF BLOCK "A", THE REVISED PLAT OF COACHMAN
HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 16
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS:
.
BEGINNING ON THE NORTH BOUNDARY OF RIW OF PIERCE ST.,
WHERE THE SAME INTERSECTS WITH THE DIVIDING LINE
BETWEEN LOTS FOUR AND NINETEEN, BLOCK "A" OF COACHMAN
HEIGHTS SUBDIVISION, PLAT BOOK 20, PAGE 26 FOR THE POINT
OF BEGINNING; THENCE NORTH ALONG SAID DIVIDING LINE 150
FEET; THENCE EAST 50 FEET PARALLEL TO THE NORTH
BOUNDARY LINE OF SAID RIW OF PIERCE STREET; THENCE
SOUTH 180 FEET TO CIL OF PIERCE STREET AS ACTUALLY LAID
OUT AND AS SHOWN ON MAP RECORDED AS PART OF
INSTRUMENT #991405, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; THENCE WEST ALONG SAID CIL OF PIERCE STREET 50
FEET; THENCE NORTH TO POINT OF BEGINNING, SUBJECT TO RIW
OF SAID PIERCE STREET OVER THE SOUTH 30 FEET THEREOF;
TOGETHER WITH,
THOSE PARTS OF LOTS 2, 3 AND 4 IN BLOCK "A" OF COACHMAN
HEIGHTS SUBDIVISION, ACCORDING TO THE MAP THEREOF
RECORDED IN PLAT BOOK 20, PAGE 26, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, WHICH LIE EAST OF A LINE WHICH IS
188.75 FEET EAST OF AND PARALLEL WITH THE EAST BOUNDARY
OF PROSPECT AVENUE AS SHOWN BY SAID PLAT AND WHICH LIE
SOUTH OF A LINE WHICH IS 130 FEET NORTH OF AND PARALLEL
WITH THE CENTER LINE OF PIERCE STREET AS SAID
THOROUGHFARE IS SHOWN ON MAP ATTACHED AS "EXHIBIT B" TO
THAT CERTAIN RIW DEED TO THE CITY OF CLEARWATER,
RECORDED AS INST. #86263A, PUBLIC RECORDS OF PINELLAS
.
2
Resolution 00-08
.
.
.
COUNTY, FLORIDA; SUBJECT TO RIW OF SAID PIERCE STREET
OVER THE SOUTH 30 FEET THEREOF; WHICH IS THE SAME
PROPERTY AND ALSO DESCRIBED AS: BEGIN ON THE NORTH
BOUNDARY OF RIW OF PIERCE STREET AS SHOWN ON MAP
RECORDED AS PART OF INST. #991405, PINELLAS COUNTY
RECORDS, WHERE SAME INTERSECTS THE DIVIDING LINE
BETWEEN LOTS 4 AND 19 IN BLOCK "A" OF COACHMAN HEIGHTS
SUBDIVISION, ACCORDING TO PLAT BOOK 20, PAGE 26 FOR P.O.B.
(WHICH SAID POINT IS 594 FEET WEST OF THE CENTER LINE OF
GREENWOOD AVENUE AS SHOWN ON SAID PLAT); RUN THENCE
NORTH ALONG SAID DIVIDING LINE 100 FEET; THENCE WEST AND
PARALLEL WITH SAID NORTH LINE OF PIERCE STREET 25.00 FEET;
THENCE SOUTH AND PARALLEL WITH SAID DIVIDING LINE
BETWEEN SAID LOTS 4 AND 19, 130 FEET TO THE CENTER LINE OF
SAID PIERCE STREET; THENCE EAST ALONG SAID CENTER LINE 25
FEET; THENCE NORTH TO P.O.B. SUBJECT TO RIW OF SAID PIERCE
STREET OVER THE SOUTH 30 FEET THEREOF.
Section 5. The City Attorney is hereby expressly authorized to file a petition in
eminent domain against the property identified in this resolution.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 3rd day of February
,2000.
sria/f::-/ fil;J-
Mayor-Commissioner
Approved as to form:
~/J/L~
Ipaul~Hr
Assistant City Attorney
Attest:
)gv Cynthia E. Goudea -.
ff - - City Clerk
3
Resolution 00-08