03-09
. .
RESOLUTION 03-09
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING AS SURPLUS AND DEDICATING AS RIGHT OF
WAY A 2500 SQUARE FOOT PORTION OF CITY-OWNED
PROPERTY LYING AND BEING SITUATE IN THE SOUTHEAST
% OF THE NORTHEAST % OF SECTION 15, TOWNSHIP 29
SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, appropriate City staff did review and approve site and
construction plans submitted by the Diocese of St. Petersburg in 2001 to
construct a 29,410 square foot addition to St. Cecelia Interparochial School, 400
South Hillcrest Avenue, Clearwater, including an ingress and egress driveway
over and across a portion of the City's David Martin Soccer Field as depicted in
EXHIBIT "A" appended hereto; and,
WHEREAS, the commission has this date approved entry into a Right-of-
Way Dedication and Maintenance Agreement (hereafter, "agreement") with
Robert N. Lynch, as Bishop of the Diocese of St. Petersburg (hereafter,
"Diocese") for the purpose of formalizing the construction, utilization and future
maintenance of said ingress and egress driveway; and,
WHEREAS, said agreement provides that the City will dedicate that
portion of the David Martin Soccer Field improved with the ingress and egress
driveway as public right-of-way to always be maintained thereafter by the
Diocese; and,
WHEREAS, 92.01 (d)(5) of the Clearwater City Charter provides that the
commission may declare as surplus and dedicate public right-of-way from City-
owned properties without prior approval of voters at referendum: and
WHEREAS, the obligation as expressed in the agreement for the City to
establish sufficient public right-of-way over a portion of the David Martin Soccer
Field to accommodate the ingress and egress driveway, and provide for its future
maintenance by the Diocese, having been duly considered:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. A portion of City-owned property commonly known as the
David Martin Soccer Field, being more specifically identified as the South 50 feet
Resolution No. 03-09
, .
of the East 50 feet of the South % of the Southwest % of the Southeast % of
Section 15, Township 29 South, Range 15 East, LESS the South 70 feet thereof,
Pinellas County, Florida, containing 2500 square feet, more or less, is not
needed for a municipal public purpose.
Section 2. Said lands are hereby declared as surplus and dedicated as
public right-of-way to implement and fulfill obligations of the City with respect to
its agreement with the Diocese.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of
,2003.
Approved as to form: Attest:
2 Resolution No. 03-09
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EXHIBIT "A"
Scale 1 N 1001
This is not a survey
FRANKLIN
STREET
ST. CECELIA
INTERPAROCHIAL SCHOOL
DAVID MARTIN SOCCER FIELD
The S. 1/2 of the S.W. 1/4 of the S.E. 1/4 of the
N.E. 1/4 Section 15 Township 29S Range 15E.
LESS the S. 70 feet thereof.
Indicates right-of-way dedication
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CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
..... BY
D. KING
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CITY OF CLEARWATER
LEGAL SKETCH
DAVID MARTIN SOCCER FIELD
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15-29S-15E
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