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AGREEMENT FOR CONSTRUCTION OF PIERCE BOULEVARD EXTENSION . . I I AGREEMENT THIS AGREEMENT made and, entered into this 2t 7?:t day of ~~, A.D. 1974, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County"; WITNESSETH: WHEREAS, the City desires to obtain the necessary right-of-way for the extension of Pierce Boulevard; and WHEREAS, Pinellas County owns certain parcels of real property , needed for said extension project; and WHEREAS, the County will deed such needed parcels of real property for right-of-way to the City in exchange for a deed to certain hereinafter described real property owned by the City and other valuable consideration; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other valuable considerations passing between the parties hereto, the parties hereto mutually agree as follows: 1. The City hereby ~grees to deed to the County certain real property (commonly known as Turner Property fronting on Oak Avenue, Rogers Street and Bay Avenue), situate in Pinellas County, Florida, designated as Parcel A, more particularly described on Exhibit 1, attached hereto and by reference made a part hereof, and in exchange therefor the County agrees. to deed to the City certain real property situated in Pinellas County, Florida, designated as Parcels Band C, more particularly described on Exhibit 2, attached hereto and by reference made a part hereof, for the purpose of constructing Pierce Boulevard Extension. 2. Both parties agree to convey, within thirty (30) days from date here0f, said properties to each other by good and sufficient fee simple deed, with a marketable title, free and clear of all encumbrances of record. Each party shall record the deed received by it. -1- a /-011'.00 (;). '! I I 3. The City agrees to sell and the County agrees to purchase certain real property (commonly known as Haven House Property fronting on Haven Street and Bay Avenue), excluding the submerged lands adjacent thereto on the West, situate in Pinellas County, Florida, designated as Parcel D, more . particularly described on Exhibit 3, attached hereto and by reference made a part hereof, at and for the total purchase price of One Hundred Thousand Dollars ($100,000), payable upon the closing of this transaction which shall be on or before thirty (30) days from date hereof. Said property shall be conveyed by a good and sufficient fee simple deed, with a marketable title, free and clear of all encumbrances of record, and the County shall record same. 4. The parties hereto covenant and agree that all said deeds set out above shall provide the said properties shall be forever used solely for public purposes from the date of such deeds,. and that if at any time the property shall cease to be used for said purpose, the pr0perty and all improvements shall be appraised by an appraiser to be selected by the mutual agreement of the parties, and the party granting the deed shall have the right for a period of six (6) months from the date of the receipt of said appraisal to purchase said property with payment in full of the appraised price at the time of closing. 5. The City further agrees to covenant that the City-owned submerged land to the West of the IR rcel described as Parcel D (Haven House Property) above shall be forever used for public purposes. 6. The parties hereto agree to deliver to each other within fifteen (l5) days from date hereof, title insurance commitments, certified to the date of this agreement or later, evidencing a good record, unencumbered title covering each of the parcels owned by the respective parties. Each party shall have fifteen (l5) days after delivery of such title insurance commitments for the examination and acceptance of each and I or to notify the othe r, in writing, of any objections to said titles. If no notification is received by either party within said time, then said titles shall be conclusively deemed to be acceptable. In the event any title is not good and marketable of record, the party granting I 1 I -2- . . , . -:;.'. I I such title shall have a reasonable time to thereafter perfect same, and if such defects are not cured within such reasonable time, then the receiving party may cancel this contract, or waive the defects. 7. This Agreement shall be binding on the successors and assigns of the partie s hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. By A/..;4.~ Approved as to form cOit'rectness: PINELLAS COUNTY, FLORIDA, By and Through its Board of County Commissioners APPROVED AS TO rORfv1 OFFIC v' qbUN ~\I /\ ' Attest: ....,---.. '-, Ha~Ullendore, Clerk By ~~~ ...... .L 'y Clerk -3- " . I PINELLAS COUNTY - PARCEL A . . I i Lots 1,2,3, and South aG.o feet of Lot 4, Block 7, A.C.Turners Subdivision No.3, according to Plat thereof, as recorded 1n Plat Book I, Page 53 of Public Recor~~ of Uillsborough County, Florida, of which Pinellas vms once a part. EXHIBIT 1 . PINELLAS ~OUN' -' PARCEL "B" I . - ~ .... . "I~ ......;;~:tI "':;:' ,~~ ';~; . ""~ ,~ :~~ '" " That part of Section 16, Townshlp 29 South, Range 15 East and also being par't of Block 6, A. C. Turners Subdivision as recorded in Deed Book "K", Page .475 of Public Re?ords of Hillsborough County, Florida, of which Pinellas was:'once a part and HoE.Tooke Subdivision, as recorded in Plat Book 3, Page 37 of Public Records of Pinellas County, Florida, being more particularly described as follows: to wit: Start at the Northwest corner of Block 6 of A.C. Turners Subdi,vision as recorded in Deed Book "K", Page 475 of the Public Records of Hillsborough County, Florida, and run North 890 50' 27" East al.ong North line of said Block 6, a distance of 6.00 feet; tpence run South 000 41' 23" East 41.25 feet, for the point of beginning; thence along a curve to the right having a radius of 260.0 feet,." an arc of 152.34 feet and a chord bearing of S 230 47' 32" East 150.17 feet; thence run S 070 09' 26" East 88.17 feet; thence run along a curve to the left having a radius of 205.25 feet, an arc of 244.73 feet and a chord bear~ng of S 410. 09' 53" East 230048 feet; thence run South 000 43' 18". East 21.57 feet; then'ce run South 890 28' 22" West 94.96 feet; thence run along a curve to the right having a radius of 265.25 feet, an arc of 228.79 feet, and a chord bearing of N 310 43' 00" West 221.76 feet; thence run North 070 00' 26" West 81.68 feet; thence run N 000 41' 231' West 151.18 feet to the point of beginning. Containing 2q;73l.04 sq. ft. or 0.59 acre EXHIBIT 2 -- . ~ . _ltI' . 'PINELLAS COUNTY .~ pdt~'EL "C" I . That part of Section 16, Township 29 South, Range 15 East, in the City of Clearwater, County of Pinel1as, State of Florida, being more particularly described as follows; to wit; Start at the Northeast corner of the aforesaid Section 16/29/15 and run West along its North boundary 1320 fee:t; thenc~ South along the West boundary of the East half (E 1/2) of the Northeast Quarter (NE!) of the aforesaid 16/29/15 1526.16 feet to an intersection with an Easterly , projection of the centerline of Pierce Street; thence ru~.South 89045' West, 418.0 feet along aforesaid centerline of Pierce Street to a ~ .. " projection of the West line of Osceola Avenue as extended across Pierce Street; thence South 20.0 feet along this projection 'to a cross cut in the walk at the Southwest corner of the intersection of Pierce Street and Osceola Avenue, as it now exists, thence run South 880 18' 42" West 653.03 feet to a cross cut in the .top of Old Seawall, running East~West thence run South 000 53' 02" East 281.90 feet to a cross cut in the top of an old seawall running North and South for the poirit of be~nning; from this located point o! beginning, run North 880 36' 33" East 80.43 feet; thence run South 070 16' 40" East 94.47 feet; thence along a curve to the left having a !adius of 182.23 feet; an arc of 227.83 feet and a chord of 213.28 feet, with a bearing of S 430 05' 40" E; thence run South 890 50' 27" West 88.38 feet; thence run North 30050' 33" West 29.90 feet; thence run South 870 55' 45" West 78.51 feet; thence along a curve to. right having a radius of 314.52 feet, an arc of 133.95 feet and a chord of 132.94 feet with a bearing of North 180 59' 02" West; thence run North 070 16' 40" West 100.0 fcet to the point of beginning. Containing 21,111.65 squarc feet or 0.485 acres " 'EXHIBIT 2 . . ... .~ ,.,. , 'I I PINELLAS COUNTY - Parcel D ' All of Lot 2 and North 75.0 feet of Lot 1, Block 5, Clearwater Harbor, :Florida, cOlliprisiug A.C. Turner's Subdivision of part of SectiolJ. 16, rlownship 29 South, Range 16 East, as surveyed April, io84, by C. E. Worth, C.S., according to map or plat thereof as recorded in deed book "K", page 475 of Public Records of Hillsborough County, Florida, of which Pinellas was once a part; less the following described tract; to wit; start at the Northeast corner of aforesaid Lot 1, for P.O.B. and run South 000 41 r 23" East, 74.85 feet; thence run liorth 55(' 21 T 26" West, 131.1ti ieet; to the South line of Havell Street, thence run North 89(1 50' 27\1 East along said South line l06. 99 feet to the point of beginning. . "' EXHIBIT 3