CROSS DRAINAGE AGREEMENT
~ Cross Drainage Agreement II
This CROSS DRAINAGE AGREEMENT, is hereby entered into this 2~'
day of ~~ , 2005, between the CITY OF CLEARWATER, FLORIDA,
("City"), and the SCHOOL BOARD OF PINELLAS COUNTY, ("Board") (each
referred to herein individually as "Party" or collectively as the "Parties").
WITNESSETH:
WHEREAS, the City and the Board did enter into that certain Agreement
For Exchange of Real Property ("Agreement"), on December 20,2004; and,
WHEREAS, under terms and conditions of the Agreement, Board shall
convey to the City title to certain real property and two easements across
property adjacent thereto, as more particularly described and depicted in
EXHIBIT "A" ("Property") (attached hereto and incorporated herein); and,
WHEREAS, upon Board conveying the Property, the City shall construct a
pump station to boost system pressure for a reclaimed water transmission and
distribution system, said station to be constructed in accordance with plans and
specifications established in City project Drew/Union St. Reclaimed Water
Extension (Project # 01-0039-UT) ("Project Plans"); and,
WHEREAS, construction of the pump station will require positive and
adequate delivery of stormwater drainage from the proposed pump station to
outfall in the existing Pinellas County Stormwater Retention Pond at the
southwest corner of Union Street and McMullen Booth Road.
NOW THEREFORE, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
in and form a part of this Agreement.
2. Drainage Description. All drainage resulting from or generated by the
above-described pump station shall flow and collect within a drainage swale to
be constructed in accordance with Project Plans. Then, following stormwater
treatment to insure post-development drainage achieves pre-development offsite
runoff, the drainage will be routed through existing Board drainage facilities as
follows: the City's treated drainage shall flow through a drainage headwall within
the swale, into an existing 49-inch reinforced concrete drain pipe upon the
grounds of McMullen Booth Elementary School, then flow northeast 255 feet to a
junction box, then east 220 feet to a junction box, then southeast 95 feet to a
junction box, then continue southeast to another junction box, then east again
249 feet through a 43" X 76" elliptical reinforced concrete pipe to outfall in the
Pinellas County Stormwater Retention Pond.
Page 2 - Cross Drainage Agreement
Parties: City of Clearwater & School Board of Pinellas County
3. Duties and Obliaations of the Parties. Nothing contained in this
Agreement is intended to create any additional burden upon either party other
than as expressly described herein. Each party shall be solely responsible for the
construction and maintenance of its proprietary facilities, The City shall in every
instance restore the Property and contiguous lands of the Board, if impacted, to
equal or better condition as existed immediately prior to every exercise of said
rights and obligations of the City. The Parties agree to be fully responsible for
their own acts of negligence, or their respective agents' acts of negligence while
acting within the scope of their authority, and agree to be liable for any damages
resulting from said negligence to the extent permitted by law, specifically, Section
768.28, Florida Statutes. However, nothing contained herein shall be construed
as consent by either Party to be sued by third parties in any manner arising from
this Agreement, or as a waiver of sovereign immunity.
4. Attornev's Fees. In the event it shall be necessary for either party to
this Agreement to bring suit or commence arbitration to enforce any provisions
hereof or for damages on account of any breach of this Agreement, the prevailing
party shall be entitled to recover from the other party, damages and other relief
granted and all costs and expenses of such suit or arbitration and a reasonable
attorney's fee as set by the court or arbitrator.
5. Authoritv. The Parties each hereby represent that they have the legal
authority to enter into and execute this Agreement and to perform all of the
obligations and duties herein.
6. Governina Law. This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida.
7. Headinas. All sections and descriptive headings in this Agreement are
inserted for convenience only, and shall not affect the construction or
interpretation hereof.
8. Entire Aareement. This Agreement constitutes the entire agreement of
the parties with respect to the subject matter hereof, and may not be modified or
amended except by a written amendment executed by the parties hereby bound.
9. Notices. All notices to be given pursuant to this Agreement shall be
deemed given upon receipt if sent by hand delivery, one (1) business day after
deposit during normal business hours in the facilities of an express overnight
courier, or three (3) business days after depositing same with the U.S. Postal
Service, certified mail, return receipt requested to the following addresses:
Page 3 - Cross Drainage Agreement
Parties: City of Clearwater & School Board of Pinellas County
As to School Board:
James Miller, Director
Real Property Management
Pinellas County Schools
11111 S. Belcher Road
Largo, Florida 33773
As to City:
William B. Horne, II
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758-4748
The foregoing addresses may be changed from time to time by either party, by
delivering written notice of such change to the other party in accordance with the
provisions hereof.
10. Invalid Provision. If any provision of this Agreement is held to be illegal,
invalid, or unenforceable under present or future laws, such provision shall be
fully severable; this Agreement shall be construed and enforced as if such illegal,
invalid or unenforceable provision had never comprised a part of this Agreement,
and the remaining provisions of this Agreement shall remain in full force and
effect and shall not be affected by such illegal, invalid or unenforceable provision
or by its severance from this Agreement. This Agreement shall not be construed
more strongly against either party as the parties have negotiated the terms of this
Agreement.
~ WITNESS WHEREOF, the parties have placed their hands and seals
this 3 day of ~ , 2005.
CITY OF CLEARWATER, FL.
BY:~'B~3!,
William B. Horne, "
City Manger
PINELLAS COUNTY SCHOOLS
Approved as to Form:
. Bowen
I Board Attorney
~
Laur~ Lipowski
AssiStant City Attorney
RP ,Clrwtr ,CrossDrainageEasemenl
A
DESCRIPTION SKETCH-NOT A SURVEY
Pinel/as Coun i1, Florida
UNION STREET (C.R. 194)
POINT OF COMMENCEMENT
NE CORNER OF
SECTION 5-29-16
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PROPOSED PUMP
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1 inch = 100 ft,
LEGEND
OR = OFFICIAL RECORDS BOOK
CR = COUNTY ROAD
N89 '46 '39"W
20.00'
NORTHERL Y LINE OF SW 1/4 OF NW 1/4
OF SECTION 4-29-16 PER HOMESTEAD OAKS,
PLA T BOOK 99, PAGE 7 THROUGH 9
SE CORNER OF ~
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OF SECT/ON 5-29-16
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SOU THERL Y LINE OF NE 1/4 OF NE 1/4
OF SECTION 5-29-16
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41v1CK11v1&CREED
1365 Hamlet Avenue
Clearwater, Florida, 33756
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. L86566
Internet Site: http://www.mckimcreed.com
51 5
DATE:
MCE PROJ. *
DRAYoN
CHECKED
F.B, 9A,P. 2+-32
SHEET 1 OF 2
9/10/04
0992-0114
AWS
BO
DESCRIPTION SKETCH-NOT A SUR~Y
Pinellas Coun ty, Florida
DESCRIP T10N:
A PARCEL OF LAND LYING AND BEING IN SECTION S. TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS
COUNTY. FLORIDA, SAID PARCEL BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SECTION S. TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS
COUNTY. FLORIDA. AND RUN THENCE SOUTH 00V5'34- Kf'ST, ALONG THE EASTERL Y BOUNDARY OF SAID
SECTION 5, A DISTANCE OF 754.94 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE ALONG SAID EASTERL Y BOUNDARY, SOUTH OOV5'34- Kf'ST, A DISTANCE OF 584.91 FEET
TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE
DEPARTING SAID EASTERL Y BOUNDARY, NORTH 89'46'39- Kf'ST, ALONG THE SOUTHERL Y BOUNDARY OF SAID
NORTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 20.00 FEET TO A POINT OF INTERSECTION WITH A
LINE LYING AND BEING 20.00 FEET WEST OF AND PARALLEL WITH SAID EASTERL Y BOUNDARY OF SECTION 5;
THENCE DEPARTING SAID SOUTHERLY BOUNDARY, NORTH 00'05'34- EAST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 584.87 FEET; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 89"54'26- EAST, A DISTANCE
OF 20.00 FEET TO A POINT OF INTERSECTION WITH THE AFORESAID EASTERL Y BOUNDARY OF SECTION 5 AND
THE POINT OF BEGINNING.
CONTAINING 11,698 SQUARE FEET OR 0.268 ACRES, MORE OR LESS.
GENERAL NOTES:
THIS DRAWING REPRESENTS A DESCRIPTION SKETCH AND IS NOT A BOUNDARY SURVEY.
THIS SKETCH MA Y HA VE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN
OBTAINING SCALED INFORMA TlON.
THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY THE UNDERSIGNED SURVEYOR
AND MAPPER A T THE REQUEST OF THE CLIENT.
ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO AN ASSUMED DA TUM. REFERENCE BEARING FOR
THIS SKETCH IS THE EAST LINE OF SECTION 5-29-16 WHICH HAS AN ASSUMED BEARING OF NORTH
00'05'34" EAST.
THIS SKETCH CONSISTS OF TWO (2) SHEETS AND EACH SHEET IS INCOMPLETE WITHOUT THE OTHERS.
PROPERTY CORNER MONUMENTATlON WAS NOT SET IN ASSOCIATION WITH THE PREPARATION OF THIS
SKETCH,
WILLIAM R. DEES
PROFESSIONAL SURVEYOR &- MAPPER
FLORIDA CERTlFICA TE NO. 5493
UNLESS THIS SKETCH BEARS THE ORIGINAL SIGNA TURE AND EMBOSSED RAISED SEAL OF THE FLORIDA
LICENSED SURVEYOR AND MAPPER STA TED ABO~ THIS SKETCH IS FOR INFORMA TlONAL PURPOSES
ONL Y AND IS NOT VALID,
,.
~1\1CKThA&CREED
1365 Hamlet Avenue
Clearwater, Flarida, 33756
Phane: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. LB6566
Internet Site: http://www.mckimcreed.com
DATE,
lACE PROJ. *
DRA~
CHECKED
F.B. 9A,P. 24-:32
SHEET 2 Of 2
9/14/04
0992-0114
AViS
eo
DESCRIPTION SKETCH-NOT A SUR~Y
Pinellas Coun t1, Florida
POINT OF COMMENCEMENT
NW CORNER OF
SECTION 4-29-16
UNION STREET (C.R. 194)
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S84"J~'4rE
21,39'
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~MCKI1v1&CREED
1365 Hamlet Avenue
Clearwater, Florida, 33756
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No, LB6566
Internet Site: http://www.mckimcreed.com
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200
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POINT OF BEGINNING
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/ 20.09'
SOUTHERLY R/W LINE OF
UNION STREET (CR. 194)
PER O.R. 9640. PACE 1482
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LEGEND
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41.30'
OR. = OmCIAL RECORDS BOOK
CR. = COUNTY ROAD
51
8/14/04
0992-0114
AWS
BO
DAlE:
MCE PROJ, *
DRAWN
CHECKED
r.B. 9A,P, 24-32
SHEET 1 or 2
DESCRIPTION SKETCH-NOT A SURVEY
Pinel/as Coun ty, Florida
DESCRIP TlON:
A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINfLLAS
COUNTY, FLORIDA, SAID PARCEL BflNG MORE PARTlCULARL Y DESCRIPBED AS FOLLOWS:
COMMENCE A T THE NORTHWEST CORNER OF SECTlON 4, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA, AND RUN THENCE SOUTH 00'05'34- WEST, ALONG THE WESTERL Y
BOUNDARY OF SAID SECTION 4, A DISTANCE OF 32.95 FEET TO A POINT OF INTERSECTION WITH THE
SOUTHERL Y RIGHT OF WA Y LINE OF UNION STREET (COUNTY ROAD NO. 194),' THENCE DEPARTING THE
SAID WESTERL Y BOUNDARY, SOUTH 84'J6'4r EAST, ALONG SAID SOUTHERL Y RIGHT OF WA Y LINE, A
DISTANCE OF 21.39 FEET TO A POINT OF INTERSECTlON WITH A LINE LYING AND BEING 21.30 FEET
EAST OF AND PARALLEL WITH SAID WESTERL Y BOUNDARY OF SECTION 4, SAID POINT OF INTERSECTION
ALSO BflNG THE POINT OF BEGINNING OF THE HERflN DESCRIBED PARCEL,' THENCE CONTINUE SOUTH
84'J6'4r EAST, ALONG SAID SOUTHERL Y RIGHT OF WA Y LINE, A DISTANCE OF 20.09 FEET TO A POINT
OF INTERSECTION WITH A LINE LYING AND BEING 41.30 FEET EAST OF AND PARALLEL WITH SAID
WESTERL Y BOUNDARY OF SECTION 4; THENCE DEPARTING SAID SOUTHERL Y RIGHT OF WA Y LINE, SOUTH
00.05'34- WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 666.72 FEET,' THENCE DEPARTING SAID
PARALLEL LINE, NORTH 89'54'26- WEST, A DISTANCE OF 41.30 FEET TO A POINT OF INTERSECTION WITH
THE AFORESAID WESTERL Y BOUNDARY SECTION 4; THENCE NORTH 00'05'34- EAST, ALONG SAID
WESTERL Y BOUNDARY, A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID WESTERL Y BOUNDARY,
SOUTH 89'54'26-EAST, A DISTANCE OF 21.30 FEET TO A POINT OF INTERSECTION WITH THE AFORESAID
LINE LYING AND BflNG 21.30 FEET EAST OF AND PARALLEL WITH THE WESTERL Y BOUNDARY OF
SECTION 4; THENCE NORTH 00'05'34" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 648.58 FEET
TO THE POINT OF BEGINNING.
CONTAINING 13, 779 SQUARE FEET OR 0.316 ACRES, MORE OR LESS.
GENERAL NOTES:
THIS DRAWING REPRESENTS A DESCRIPTION SKETCH AND IS NOT A BOUNDARY SURVEY.
THIS SKETCH MA Y HA VE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN
OBTAINING SCALED INFORMA TlON.
THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY THE UNDERSIGNED SURVEYOR
AND MAPPER A T THE REQUEST OF THE CLIENT.
ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO AN ASSUMED DA TUM. REFERENCE BEARING FOR
THIS SKETCH IS THE WEST LINE OF SECTION 4-29-16 WHICH HAS AN ASSUMED BEARING OF NORTH
00'05'34- EAST.
THIS SKETCH CONSISTS OF TWO (2) SHEETS AND EACH SHEET IS INCOMPLETE WITHOUT THE OTHERS.
PROPERTY CORNER MONUMENTATlON WAS NOT SET IN ASSOCIATION WITH THE PREPARATION OF THIS
SKETCH.
WILL/AM R. DEES
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTlF/CA TE NO. 5493
UNLESS THIS SKETCH BEARS THE ORIGINAL SIGNA TURE AND EMBOSSED RAISED SEAL OF THE FLORIDA
LICENSED SURVEYOR AND MAPPER STATED ABO~ THIS SKETCH IS FOR INFORMATIONAL PURPOSES
ONL Y AND IS NOT VALID.
.
~~&CREED
1365 Hamlet Avenue
Clearwater, Florida, 33756
Phone: (727)442-7196. Fax: (727)461-3827
Certificate of Authorization No. LB6566
Internet Site: http://www.mckimcreed.com
DATE:
Io1CE PROJ."
DRAWN
CHECKED
F.B. 9A.P, 24-32
SHEET 2 OF' Z
9/14/04
0992-0114
AWS
BD