04-10
RESOLUTION 04-10
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
("CITY"), DECLARING AS SURPLUS AND AUTHORIZING THE
SALE AND TRANSFER TO PINELLAS COUNTY, FLORIDA
("COUNTY"), REAL PROPERTY IDENTIFIED AS PARCEL "B"
AND PARCEL "c" IN EXHIBIT "B" OF THAT CERTAIN
EXCHANGE AGREEMENT BETWEEN THE CITY AND COUNTY
DATED NOVEMBER 20, 2001, PROVIDING FOR SAID SALE
AND TRANSFER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 20, 2001 the City and County did enter into an
Exchange Agreement ("Agreement") setting forth the obligations and
responsibilities of each party to exchange real property and other good and
valuable consideration to facilitate the Memorial Causeway Bridge Replacement
Project ("Project"); and,
WHEREAS, among other terms and conditions, said Agreement obligated
the City to provide a policy of title insurance and convey the exchange property
containing approximately 24,465 square feet to the County within 10 days
following acceptance of the Project as complete by the Florida Department of
Transportation ("FDOT"); and,
WHEREAS, the County has requested that the exchange property (more
specifically identified in EXHIBIT "A" attached hereto and made a part hereof) be
conveyed prior to final acceptance of the Project by FDOT, and it has been
determined that the exchange property is no longer needed for purposes of the
Project; and,
WHEREAS, American Pioneer Title Insurance Company Commitment For
Title Insurance Number CM-1-1708-98, issued to the County on January 7,2002
("commitment"), requires that a Resolution be adopted by the City authorizing the
sale and transfer of the exchange property to the County subject to provisions of
the commitment; and,
WHEREAS, the request by the County that the exchange property be
conveyed prior to final acceptance of the Project by FDOT, and the requirement
of the commitment that the City adopt a Resolution authorizing the sale and
transfer of the exchange property to the County subject to provisions thereof, all
having been duly considered:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The requirement of the commitment that the City adopt a
Resolution authorizing the sale and transfer of the exchange property to the
County in compliance with provisions thereof, and in keeping with obligations
and responsibilities the City agreed to undertake in the Agreement, is hereby
approved.
Section 2. The former right-of-way of Pierce Boulevard more particularly
described in EXHIBIT "A" as Parcel "B" and Parcel "C" are hereby declared as
surplus to City needs.
Section 3. The request by the County that conveyance of title in and to
the exchange property be accomplished prior to final FDOT acceptance of the
project is hereby approved.
Section 4. The sale and transfer of the exchange property to the
County by Warranty Deed executed by its City Manager, countersigned by its
Mayor, and attested by its City Clerk, is hereby specifically authorized.
Section 5. The City Manager or his designee is here authorized to
execute all transaction closing documents and any corrective instruments that
may be required to perfect title with respect to the property described herein.
Section 6. This resolution shall take effect immediately upon adoption.
~
PASSED AND ADOPTED this ;10 day of ~ ./" , 2004.
(S
Br~ f::ngp{fJ--
Approved as to form:
Attest:
ttl7
Laura dpowski, Asst. City Attorney
2
EXHIBIT "A" (Page 1 of 4)
Certified to: City of Clearwater; Pinellas County; Somers Title Company; American Pioneer Title Insurance Company
Job No.
1099FD.8
Section 16 ,Township 29 South, Range~ East.
PROPERTY DESCRIPTION: Pierce Boulevard - Parcel B
A portion of the existing Right of Way of Pierce Boulevard, recorded in Official Record Book 4273,
Page 523, Public Records of Pine lIas County, Florida, lying in Section 16, Township 29 South, Range
15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Lot 1, Block 7, Map of Turner's Subdivision No.3, recorded in
Plat Book 1, Page 53 of the Public Records of Hills borough County of which Pinellas County was
formerly a part; thence N 00000'29" E, 107.02 feet along the East line of said Lot 1 to a point on a
curve which is concave Northerly, said point lying on the South Right of Way line of Pierce Boulevard
Recorded in Official Record Book 4273, Page 523, Public Records of Pine lIas County, Florida; thence
along said South Right of Way line running along a curve to the right, having a radius of 265 .25 feet, a
central angle of02~9'42", the chord of which bears N 81000'54" W, a chord distance of 11.55 feet, an
arc distance of 11.55 feet to the POINT OF BEGINNING, said point lying on a curve which is
concave Northeasterly and lying on the aforementioned South Right of Way line of Pierce Boulevard
Recorded in Official Record Book 4273, page 523, Public Records of Pine lIas County, Florida; thence
along said South Right of Way line running along a curve to the right, having a radius of 265 .25 feet, a
central angle of 73045'01 ", the chord of which bears N 42053'30" W, a chord distance of318.34 feet,
an arc distance of 341.43 feet to a point on the aforementioned South Right of Way line of Pierce
Boulevard Recorded in Official Record Book 4273, Page 523, Public Records of Pin ell as County,
Florida; thence along said South Right of Way line, N 05048'32" W, 42.36 feet to a point on the East
Right of Way line of Bay Avenue, recorded in Condominium Plat Book 102, Page 96 of the Public
Records of Pin ell as County, Florida; thence S 33054'59" E, 109.56 feet to a point on a curve which is
concave Northeasterly; thence running along the said curve to the left, having a radius of 446.00 feet, a
central angle of27041'36", the chord of which bears S 48031'11" E, a chord distance of213.48 feet,
and arc distance of215.57 feet to a point; thence S 00009'01 "W, 43.05 feet to the POINT OF
BEGINNING.
Said lands containing 15,547 square feet, more or less.
PAGE 2 OF 2
SEE PAGE 1 FOR SURVEY DRAWING
DATES OF FIELD WORK
A BOUNDARY SURVEY OF
PIERCE BOULEVARD - PARCEL B
BOUNDARY + MAP
3-26-04
ML
I hereby certify that this survey meets the minimum
technical standards os set forth by the Florida Boord
of Professional land Surveyors In Chapter 61 G17-8.
Florida Administrative Code, pursuant to Section
472.027, Florida Statutes
Survey not valid without the signature and the
original raised seal of a Florida licensed
surveyor and mapper
ZARRA BOYD, INC.
LB 6472
Engineering, Surveying and Planning
1480 Beltrees, Dunedin, Florida 34698
(727)738-9010 Fax: (727)733-0083
Jack L. Boyd
PROFESSIONAL lAND SURVEYOR # 3000
STATE OF FLORIDA
EXHIBIT "A" (Page 2 of 4)
Certified to: City of Clearwater; Pinellas County; Somers Title Company; American Pioneer Title
Insurance Company
Scale: 1"=60' Job No. 1099FD.8 Section 16 ,Township 29 South, Range~East.
Use of this survey by an~ne other than those certified to. will be the re-users sole risk without liability to ZBI, or the undersigned surve~r. There moy be
additional restrictions affecting this property that may be found In the Public Records of this County. This survey was prepared without the benefit of a title
policy. Underground installations and improvements have not been located unless otherwise noted. The property deecription listed hereon was
supplied by the City Of Clearwater. Unless otherwise noted. 011 bearings and distances were measured within an acceptable accuracy talerance with their
described value. Bearings ore based upon on assumed datum utilizing the described volue of: THE EAST UNE OF LOT 1 BLOCK 7 as N 00-oO'29"E
RODGERS ST.
Page 1 of 2 SEE PAGE 2 FOR BOUNDARY DESCRIPTION
A BOUNDARY SURVEY OF
PIERCE BOULEVARD
PARCEL B
EAST RIGHT OF
WAY UNE OF
BAY AVE.
(CPB 102. PG.96)
FIR 5/8"
(LS 2995)
~
lf)
w
0:
~
I
L.J b
~ ~
~ ~
m :;:
LL
0
l-
I
'"
0:
r
CURVE
Cl
C2
C3
RADIUS
265.25
265.25
446.00
DELTA ANGLE
02"29 42
73"4501
2T4136
ARC LENGTH
11.55
341.4.3
215.57
CHORD LENGTH CHORD BEARING
11.55 N 81.00 54 W
318..34' N 42"5330 W
213.48' S 48"31 11 E
UNE BEARING
L1 N Ocroo'29 E
L2 N 05.48 32 W
L3 S 33"54 59" E
L4 S Ocr09 01 W
DISTANCE
107.02'
42.36
109.56
4.3.05
o 60'
- --
1"= 60'
(2)
AVE - A UE
~ : I UM PlAT BOOI<
E-
DB - DEED BOOK
FIR - FOUND IRON ROO
LS - LAND SURVEYOR
MLP - METAL UGHT POlE
a/A - O't'ERAlL
OR - OFI'lClAL RECORDS BOOK
PB - PLAT Baal<
PG. - PAGE
PCB - POINT OF BEGlNING
~. - POINT OF COMMENCEMENT
RfW - RIGHT OF WAY
SF - SQUARE FEET
ST - stREET
s/W - SIDEWALK
lSCB - lRAFFIC SIGNAL CONlROL BOX
~ REMAINDER OF LOTS ----z---
1-4 BLOCK 7
(PB H-l. PG.53)
9~
::i~~lii
s
~~ fil
::J - (.)
~l ~
___ FIR 5/8"
(LS 2995)
poe
SOUTHEAST CORNER OF
LOT 1 BLOCK 7
MAP OF TURNER'S SUBDMSION NO.3
PLAT BOOK 1 PAGE 53
HILLSBOROUGH cOONTY. Fl6RlDA
(WHICH PINEUAS COUNTY WAS FORMERLY A PART)
NOTE: Subject property lies within Flood Zone X per
Flood Insurance Rate Map #12103CI08G dated September 3,2003.
DA TES OF FIELD WORK
BOUNDARY + MAP
3-26-04
LB 6472
ML
I hereby certify that this survey meets the minimum
technical standards as set forth by the Florida Board
of Professional Land Surveyors In Chapter 61 G17-6.
Florida Administrative Code, pursuant to Section
472.027, Florida Statutes
Survey not valid wIthout the signature ond the
original raised seal of a Florida Licensed
surveyor and mapper
ZARRA BOYD,
INC.
Engineering, Surveying and Planning
1480 Beltrees, Dunedin, Florida 34698
(727)738-9010 Fax: (727)733-0083
Jack L. Boyd
PROFESSIONAL LAND SURVEYOR # 3000
STATE OF FLORIDA
EXHIBIT "A" (Page 3 of 4)
Certified to: City of Clearwater; Pinellas County; Somers Title Company; American Pioneer Title Insurance Company
Job No.
1099FD.8
Section 16
,Township 29 South, Range~ East.
PROPERTY DESCRIPTION: Pierce Boulevard - Parcel C
A portion of the existing Right of Way of Pierce Boulevard, recorded in Official Record Book 4273,
Page 523, Public Records of Pine lias County, Florida, lying in Section 16, Township 29 South, Range
15 East, Pinellas County, Florida, and a portion of the existing Right of Way of Court Street, recorded
in Official Record Book 4867, Page 1480, Public Records of Pine lias County, Florida, lying in Section
16, Township 29 South, Range 15 East, Pinellas County, Florida, and being more particularly
described as follows:
Commence at a point on the north line of Block 6, Plan of Clearwater Harbor, Florida comprising A.C.
Turner's Subdivision, recorded in Deed Book K, Page 475 of the Public Records of Hills borough
County, Florida of which Pinellas County was formerly a part, 15.61 feet west of the Northeast comer
of Lot 1, Block 6, Plan of Clearwater Harbor, Florida comprising A.C. Turner's Subdivision, recorded
in Deed Book 1(, Page 475 of the Public Records of Hills borough County, Florida; thence running
along said north line and along the South Right of Way line of Court Street, N 89"32'48" W, 137.29
feet to the POINT OF BEGINNING; thence continue N 89032'48" W, along said South Right of Way
line, 81.39 feet to a point, said point lying on the East Right of Way line of Bay Avenue, recorded in
Condominium Plat Book 102, Page 96 of the Public Records of Pine lias County, Florida; thence along
said East Right of Way line of Bay Avenue, S 00002'04" E, 50.48 feet to a point, said point is on a
curve which is concave Southwesterly, said point also lies on the aforementioned Easterly Right of
Way line of Pierce Boulevard Recorded in Official Record Book 4273, Page 523, Public Records of
Pinellas County, Florida; thence running along the said curve to the right, having a radius of260.00
feet, a central angle of 32022'03", the chord of which bears S 22012'00" E, a chord distance of 144.93
feet, an arc distance of 146.88 feet to a point on the aforementioned Easterly Right of Way line of
Pierce Boulevard Recorded in Official Record Book 4273, Page 523, Public Records of Pine lias
County, Florida; thence continuing along said Easterly Right of Way line of Pierce Boulevard S
06000'59" E, 31.24 feet to a point on the aforementioned Easterly Right of Way line of Pierce
Boulevard Recorded in Official Record Book 4273, Page 523, Public Records of Pine lias County,
Florida; thence N 33053'42" W, 195.47 feet to a point; thence N 56006'09" E, 1.84 feet to a point;
thence N 33054'00" W, 14.83 feet to a point, said point is on a curve which is concave Southeasterly;
thence running along the said curve to the right, having a radius of 17.00 feet, a central angle of
34042'23", the chord of which bears N 32027'19" E, a chord distance of 10.14 feet, an arc distance of
10.30 feet to a point; thence N 49"46'38" E, 34.71 feet to a point, said point is on a curve which is
concave Southerly; thence running along the said curve to the right, having a radius of 86.00 feet, a
central angle of 41013'58", the chord of which bears N 70"23'45" E, a chord distance of60.56 feet, an
arc distance of 61.89 feet to a point, said point is on a curve which is concave Southeasterly; thence
running along the said curve to the right, having a radius of 442.00 feet, a central angle of 05038'01",
the chord of which bears S 86010'01" E, a chord distance of 43.44 feet, an arc distance of 43.46 feet to
a point; thence S 370IO'38"E, 11.15 feet to the POINT OF BEGINNING.
Said lands containing 8,918 square feet, more or less.
PAGE 2 OF 2
SEE PAGE 1 FOR SURVEY DRAWING
DATES OF FIELD WORK
A BOUNDARY SURVEY OF
PIERCE BOULEVARD - PARCEL C
BOUNDARY + MAP
3-26-04
ML
I hereby certify that this survey meets the minimum
technical standards as set forth by the Florida Board
of Professional Land Surveyors In Chapter 61 G17-6,
Florida Administrative Code. pursuant to Section
472.027. Florida Statutes
Survey not valid without the signature and the
original raised seal of a Florida Licensed
surveyor and mapper
ZARRA BOYD, INC.
LB 6472
Engineering, Surveying and Planning
1480 Beltrees, Dunedin, Florida 34698
(727)738-9010 Fax: (727)733-0083
Jack L. Boyd
PROFESSIONAL LAND SURVEYOR # 3000
STATE OF FLORIDA
EXHIBIT "A" (Page 4 of 4)
Certified to: City of Clearwater; Pinellas County; Somers Title Company; American Pioneer Title Insurance Company
Scale: 1"=60' Job No. 1099FD.8 Section 16 ,Township 29 South, Range ~ East.
Use of this survey by anyone other than those certified to. will be the re-users sole risk without liability to ZBI, or the undersigned surveyor. There may be
additional restrictions affecting this property that may be found In the Public Records of this County. This survey was prepared without the benefit of a title
policy. Underground installations and Improvements have not been located unless otherwise noted. The property description listed hereon was
supplied by the City Of Clearwater. Unless otherwise noted. all bearings and distances were measured within an acceptable accuracy tolerance with their
described value. Bearings are based upon on assumed datum utBlzing the descrlMld wlue of: THE NORTH UNE OF BLOCK 6 os N 89'32'48"W
~ COURT STREET ____ NOTE: Subject property lies within Flood Zone X per
~ 60' R/W ~ Flood Insurance Rate Map #I2103CI08G dated September 3, 2003,
S/T-o 20 SIT ' NE CORNER LOT 1
iT': =1.2 S/T=4.1' SOUTH RIGHT OF WAY {BLOCK 6 (DB K, PG 475)
C =5.7 C/T=5.7' C/T=13.7' LINE OF COURT STREET (NOT FOUND OR SET)
C4 <'.9 L 1 15.61'
P.O.B. BEARING BASIS I "
6 (DB K, PG 475) NORTH LINE BL(~g~ ~NOT FOUND OR SET)
PLAN OF CLEARWATER HARBOR,FL.
COMPRISING A.C. TURNER SUBDIVISION
(DB K. PG 475)
HILLSBOROUGH COUNTY, FLORIDA
OF WHICH PINELLAS COUNTY WAS FORMERLY A PART
L2
EAST RIGHT OF WAY
LINE OF BAY AVE.
(CPB 102, PG.96)
PIERCE BLVD.
60' R/W PER
OR 4273, PG.523
! 2'
EAST RIGHT OF WAY
LINE OF PIERCE BLVD
(OR 4273, PG,523)
NOTE: Subject property lies within an area that is currently
under construction. All nearby survey controls have been
destroyed or disturbed, The survey controls utilized for this
survey were survey markers lying outside the area of construction
activities. Due to space constraints, these markers are not shown hereon.
5' CONC S/W
(TYP)
'.; UNE BEARING DISTANCE
S/T=2.6' L1 N 89'3248 W 137.29
C/T=7.6' L2 N 89'3248 W 81.39
L::1. = CURB INLET L3 S 00'02'04 E 50.48
L4 S 06'00 59 E 31.24
EI GRATE INLET L5 N 33'53 42 W 195.47
L6 N 56'06 09 E 1.84
. SET 5/8" IRON ROD (LB6472) L7 N 33'54 00 W 14.83
L8 N 49'4638 E 34.71
A SET NAIL + DISK (ZBI LB6472) L9 S 371038 E 11.15
CURVE RADIUS DaTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING
C1 260.00 32'22 03 148.88 144.93 S 22'1200 E
C2 17.00 34'4223 10.30 10.14 N 32'2719 E
C3 86.00 41'1358 61.89 60.56 N 70'2345" E
C4 442.00 05'38 01 43.46 43.44 S 86'1001 E
o 60'
- --
1"= 60'
Page 1 of 2 SEE PAGE 2 FOR PROPERTY DESCRIPTION
A BOUNDARY SURVEY OF
PIERCE BOULEVARD
PARCEL C
CPB - CONDOMINIMUM PLAT BOOK
C/T = CURB llE
DB = DEED BOOK
LB = CORPORATE CERllFlCA TE
OR - OfFICIAL RECORDS BOOK
PG. - PAGE
POB = POINT OF BEGlNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT OF WAY
SF = SQUARE FEET
sIT = SIDEWALK llE
DATES OF FIELD WORK
BOUNDARY + MAP
3-26-04
ML
I hereby certify that this survey meets the minimum
technical standards os set forth by the Florida Boord
of Professional Land Surveyors In Chapter 61 G17-6.
Florida Administrative Code, pursuant to Section
472.027, Florida Statutes
Survey not valid without the signature and the
original raised seal of 0 Florida Licensed
surveyor and mapper
ZARRA BOYD, INC.
LB 6472
Engineering, Surveying and Planning
1480 Beltrees, Dunedin, Florida 34698
(727)738-9010 Fax: (727)733-0083
Jack L, Boyd
PROFESSIONAL LAND SURVEYOR # 3000
STATE OF FLORIDA
RETURN TO:
Somers Title Company
1290 Court Street
Clearwater, FI. 33756
FileNo.
THIS SPECIAL WARRANTY DEED
Made this d/tLdayof , 2004 by the CITY OF CLEARWATER, FLORIDA,
a municipal corporation of t State of Florida hereinafter called the "Grantor", to PINELLAS
COUNTY, a political subdivis on of the State of Florida, whose Post Office address is: 440
Court Street, Clearwater, Florida 33756, hereinafter called the "Grantee":
(Whenever used herein the tenn "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the
successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee, all of the following real property situate
in Pinellas County, Florida, viz:
PARCEL B
A portion of the existing Right of Way of Pierce Boulevard, recorded in Official
Record Book 4273, Page 523, Public Records of Pinellas County, Florida, lying in
Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, as more
particularly described and depicted in EXHIBIT "A", pages 1 & 2, appended hereto.
PARCEL C
A portion of the existing Right of Way of Pierce Boulevard, recorded in Official
Record Book 4273, Page 523, Public Records of Pinellas County, Florida, lying in
Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, and a
portion of the existing Right of Way of Court Street, recorded in Official Record
Book 4867, Page 1480, Public Records of Pinellas County, Florida, lying in Section
16, Township 29 South, Range 15 East, Pinellas County, Florida, being more
particularly described and depicted in EXHIBIT "A", pages 3 & 4, appended hereto.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining. To have and to hold, the same in fee simple forever.
Subject to nondelinquent ad valorem taxes and current installments of special assessments not
yet due and payable, to highways, rights-of-way, licenses, easements and restrictions of record
generally, zoning ordinances and other governmental limitations, or others which might be
disclosed by an accurate inspection and architectural survey.
And the said Grantor does specifically warrant the title to said land and will defend the same
against the lawful claim of all persons claiming by, through or under Grantor except taxes for the
year 2004 and subsequent, and subject to the matters hereinabove mentioned.
In Witness whereof, the grantor has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the dayand
year first above written.
CITY OF CLEARWATER, FLORIDA
B6J~"2. ~-n
William B. Horne, II, City Manager
Attest:
~-.
I /; 1
, (,c:t}j. L't"t;l0
rk V
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, Mayor of the City of
Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein set forth, and who is
personally known to me.
offi,ciayeal this ~ I day of
Notary Public - ~ of Florida /-q I J I ' J'
Print/type name: ~ DeiJ L~'e.J . ())r SO
;1'0
,2004.
:-;,:';f.':'f~:;:.~ Denise A. Wilson
::~o"'r!i.o'.~*~ MY COMMISSION # CC914107 EXPIRES
~"~:.~.i1ff June 18, 2004
~~i";;; ,;.<t-.. BONDeD THRW T~QV FAIN INSURANC~ INe
'1"j""I'
STATE OF FLORIDA
:SS
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
d offici I ~e91 thiS::::;{ I day of
r) 1. ' i!~OLJ
Notary Public - of Florida A t...J Of )
Print/type name~_ I fA) [S{~. ISO f-J
11J1Lr
,2004.
.~llll 1,,_
".~Y ~" 0 . A. Wo
:'-:'~A"'''''$:. enlse ,'son
~~~ .~:j MY COMMISSION # CC914107 EXPIRE:.
',.i'.....~....~ June 18, 2004 '
"9f,,f.(..' BONDED THRU TROY FAIN INSURANCE-lNe
APprov~
Laura Lipowski I Assistant City Attorney