93-48RESOLUTION NO. 93 -48
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
DECLARING A PARCEL OF CITY -OWNED REAL PROPERTY
AS SURPLUS TO CITY NEEDS FOR THE PURPOSES OF
CONVEYING FEE SIMPLE INTEREST TO THE FLORIDA
DEPART14ENT OF TRANSPORTATION REGARDING ITS STATE
ROAD 580 HIGHWAY PROJECT EXTENDING FROM EAST OF
COUNTRYSIDE BOULEVARD TO KENDALE DRIVE; AUTHORIZING
APPROPRIATE CITY OFFICIALS TO EXECUTE THE PURCHASE
CONTRACT AND DEED; PROVIDING AN EFFECTIVE DATE
WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT ") , proposes to construct or improve State Road No.
580 in Pinellas County, Florida, and
WHEREAS, City -owned land, described more particularly herein,
is required to meet storm drainage requirements of the proposed
improvement project, and
WHEREAS, Section 2.02(d) (4) of the City Charter authorizes
the conveyance of surplus City property to another governmental
entity without referendum approval, without competitive bidding,
and for less than the appraised value; and
WHEREAS, the DOT has offered to purchase the additional land
required to meet storm drainage requirements, and the purchase
agreement has been duly considered by the City Commission; now,
therefore,
BE ITS RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The purchase agreement between the DOT and the
City for purchase of City -owned land adjoining State Road 580, is
found and declared to be for a valid public purpose and is
approved, and the property described herein is declared surplus to
the needs of the City. The appropriate City officials are
authorized to execute the purchase agreement in the form attached
hereto as Exhibit "A ", and an appropriate Deed of Conveyance
conveying the fee simple rights, title and interest of the City in
and to the real property described therein in consideration of the
sum of $55,100.00 and other good and valuable consideration
including, but not limited to, the benefits to be obtained from the
highway improvements.
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Section 2. The agreement authorized to be executed by the
appropriate City officials upon adoption of this resolution is
summarized as follows:
DOT
EXHIBIT PARCEL NO. CITY'S INTEREST INTEREST GRANTED TO DOT
A 103 -C Fee Simple Fee Simple
Section 4. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this 5th day of August , 1993.
Attest:
,�Cyn is E. Goudeau, City erk Rita Garvey, Mayor- mmissioner
� - tIff
ell-,
STATE OF FLORIDA DETARIT TNT OF TRANSPORTATION mRM 575.070.07
PURCIiASE AGREEMENT P./w- 10191
Page 1 of 2
W.P.I. NO.: 7116956
FAP NO.: F -212 -1 (22 )
COUNTY: Pinell.as
STATE ROAD NO.: 58
THIS AGREEMENT is made by and between: CITY OF CLEARWATER
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER.
WITNESSETI I
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following properly or interest therein, upon the following terms and conditions:
1. DESCRIPTION 103 —C
(a) Real estate or interest therein, identified as parcel and shown on Right of Way Maps for section
15070 -2525 incorporated herein by reference.
[X] Fee Simple
( ] Permanent Easement (Section III.(b) does not apply)
[ ] Temporary Construction Easement (Sections IIL(b), III(c) and III(d) do not apply)
(b) Personal property identified as follows:
N/A
II. PURCHASE PRICE 55, 100. 00
(a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. $
(b) Amount to be paid by PURCHASER to SELLER upon
surrender of possession. $ 55,100.00
(c) Itemized purchase price, fees and costs
Land and Improvements $ 55, 100.00
Damages (Severance /Cost -to -Cure) $
Business Damages $
Attorney Fees $
Appraiser Fees $
Other $
(Specify)
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS $ 55,100.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance as required by Section 1 19.07, Florida Statutes. Final agency acceptance shall denote final approval of
the purchase price and all terms and conditions contained in this Purchase Agreement and constitutes the effective
date of this agreement. A closing on this contract shall not be transacted prior to final agency acceptance. Notice
of final agency acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery
to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI.
(b) SELLER is responsible for all taxes due and owing on the property as of the date of closing.
[ ] SELLER agrees that all current taxes for tha year in which this agreement is made on the property acquired
shall be prorated and SELLER agrees to pity his and/or her share of said prorated taxes as of the date of
closing.
[ ] SELLER agrees to pay all tuxes for the current year.
[XI NvL aI>I,1 icablrr.
OTIiAECYCLE6
EXIIIBIT A PAPER 622.215
11 /9 -7/
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FORM 575•030-07
R(W • 10191
Page 2 of 2
(c) SELLER is responsible for delivering unencumbered titlo to PURCHASER at closing. Any sums which
PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in
Section II.
(d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During
the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall
exercise diligent cares in protecting the property from theft and vandalism. All property, whether real or personal,
included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date
of this agreement, less any reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under
threat of condemnation, pursuant to Section 337.27, Florida Statutes.
(t) Other: None
IV. CLOSING DATE
This transaction shall be closed and the instrument of conveyance delivered within 60 days of the date of final agency
acceptance.
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control
all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There
[ ] is [x] is not an addendum to this agreement.
VI. IN WITNESS WIIEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s).
SELLER: CITY OF CLEARWATER, FLORIDA
13y:
rLicliael J. Wright, City Manager t7A9'E
COUNTERSIGNED:
Rita Garvey, Mayor- Commissioner DATE
ATTEST:
Cynthia E. Goudea, City Clerk DATE
Approved as to form and c01-1-crtuuss:
M. A. Galbraith, Jr., City Attorney DATE
VII. FINAL AGENCY ACCEPTANCE
PURCHASER:
STATE OF FLORIDA
DEPARTMENT OF TRANSPO TATI
BY: // .� j
hIARY E. AREND
Name (Please Print) DISTRICT ACQUISITION
ADPIINISTRATOR
DATE: JULY 20, 1993
IN WITNESS WHEREOF, the District Right of Way Administrator has caused these presents to be accepted this
day of 1 19
[ J District Right of Way Administrator
[ J District Production Director
[ J District Secretary
622.215
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