Loading...
94-77INST # 94- 297229 OCT 26, 1994 5:03PM RESOLUTION 94 - 77 PINELLAS COUNTY FLA. OFF.REC.BK 8823 PG 825 A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA, DECLARING A PARCEL OF CITY -OWNED PROPERTY AS SURPLUS TO CITY NEEDS FOR THE PURPOSES OF CONVEYING FEE SIMPLE TITLE TO FLORIDA POWER CORPORATION IN EXCHANGE FOR A PERPETUAL WELL SITE 11 RECOR ING EASEMENT TO BE GRANTED WITHIN TWELVE MONTHS ACCT THEREAFTER IN THE HIGGINS- DISSTON RIGHT -OF -WAY; REC Z�;T AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE FE THE DEED OF CONVEYANCE; PROVIDING AN EFFECTIVE MTF DATE. PTG WHEREAS, the City owns a certain parcel of real property PAC containing approximately 1157 square feet, commonly known as Well Doc Site #47 located on the south side of Gulf -To -Bay Boulevard, being INT legally described as in Section 2 hereof, and depicted in the TOTAL r, lr7) sketch attached hereto as Exhibit "All; and WHEREAS, Florida Power owns the Higgins - Disston transmission tower right -of -way abutting the easterly boundary of the City -owned Well Site #47; and WHEREAS, the City has agreed to convey to Florida Power Corporation fee simple interest in Well Site #47; and WHEREAS, Florida Power Corporation has agreed that within twelve months of conveyance of Well Site #47 it will provide to the City, over, under and across a location to be identified by the City and acceptable to the City, a perpetual easement for installation, operation and maintenance of a well site within the boundaries of the Higgins - Disston right -of -way; and WHEREAS, Section 2.01(d)(4) of the City Charter authorizes the conveyance of surplus City property, without competitive bidding, and for less than the appraised value; and WHEREAS, the foregoing premises have been duly considered by the City Commission; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The conveyance by Fee Simple deed to Florida Power Corporation of Well Site #47, as more particularly described in Section 2 below, in exchange for a future perpetual easement for the purposes of constructing, operating and maintaining a well site within the Florida Power Higgins - Disston right -of -way, 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 deed of conveyance in the form attached hereto as Exhibit "B", conveying the fee simple rights, title and interest of the City in and to the real property described therein in consideration of the RETURN TO: CITY CLERK POST OFFICE BOX 4748 CLEARWATER, rL 34618.4748 I? 1"1177 PINEL .S COUNTY FLA, OFF.REC.BK 8823 PC 826 SUM of $10.00 and other good and valuable consideration including, but not limited to, the benefits to be obtained from the future perpetual easement to be granted the City by Florida Power Corporation. Section 2. The City -owned land to be conveyed to Florida Power Corporation by deed authorized to be executed by the appropriate City officials upon adoption of this resolution is more particularly described as follows: A portion of the NW4 of the NW4 of the NE4 of the SE4 of Section 18, Township 29 South, Range 16 East, that lies South of the South right -of -way line of Gulf -To -Bay Boulevard (State Road No. 60) and West of the West right -of -way line of Florida Power Corporation's existing Higgins- Disston 120 KV Steel Tower Transmission Line, being further described as follows: From the Northwest corner of the NE4 of the SE4 of Section 18, Township 29 South, Range 16 East, run South 01 001128" West along the West boundary of the NE4 of the SE4, 50 feet to a point on the South right -of -way boundary for Gulf -To -Bay Boulevard (SRD No. 60); thence South 89 041118" East along said South right -of -way boundary, 11.2 feet to the POINT OF BEGINNING; thence continue South 89 °41'18" East along said South right -of- way - boundary, 17.8 feet to a point that is North 89 041118" West, 50.68 feet from the center line of Florida Power Corporation's existing Higgins - Disston 120 KV Transmission Line; thence South 01 001128" West, 65.0 feet to a point that is North 89 °41118" West 50.45 feet from the center line of said transmission line; thence North 89 041118" West, 17.8 feet to a point that is South 89 041118" East, 11.2 feet from the West boundary of the NE4 of the SE4 of said Section 18; thence North 01 001128" East parallel to said West boundary 65.0 feet to the POINT OF BEGINNING. Containing 1147 square feet, more or less. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th Attest: 4hCYia E. Goudeau, City "Clerk T hereby certify that this b a true and correct co; 1 f tha or Final as it appeao in tilt; files of �x 04 of Gfi.trwaim i;dtanv my hand and offiI*W�� ial seal of the City, of t1euuatet. Th day of Octd er , 1994. Rita Garvey, Mayor ommissioner s PINELLAS COUNTY FLA. OFF.REC.BK 8823 PG 827 EXHIBIT "A" A PORTION OF THE NWh OF THE NW4 OF THE NEB OF THE SE4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, THAT LIES SOUTH OF THE RIGHT -OF -WAY LINE OF GULF -TO -BAY BOULEVARD (STATE ROAD NO. 60) AND WEST OF THE WEST RIGHT -OF -WAY LINE OF FLORIDA POWER CORPORATION'S EXISTING HIGGINS- DISSTON 120KV STEEL TOWER TRANSMISSION LINE, BEING FURTHER DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE NEh OF THE SE4 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 16 EST, RUN SOUTH 01 °01'28" WEST ALONG THE WEST BOUNDARY OF THE NE4 OF THE SE4, 50 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY BOUNDARY FOR GULF -TO -BAY BOULEVARD (SRD NO. 60) ; THENCE SOUTH 89 °41'18" EAST ALONG SAID SOUTH RIGHT -OF -WAY BOUNDARY, 11.2 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 °41'18" EAST ALONG SAID SOUTH RIGHT -OF -WAY BOUNDARY, 17.8 FEET TO A POINT THAT IS NORTH 89 °41'18" WEST, 50.68 FEET FROM THE CENTER LINE OF FLORIDA POWER CORPORATION'S EXISTING HIGGINS- DISSTON 120KV TRANSMISSION LINE; THENCE SOUTH 01 °01'28" WEST, 65.0 FEET TO A POINT THAT IS NORTH 89 °41'18" WEST 50.45 FEET FROM THE CENTER LINE OF SAID TRANSMISSION LINE; THENCE NORTH 89 °41'18" WEST, 17.8 FEET TO A POINT THAT IS SOUTH 89 °41'18" EAST, 11.2 FEET FROM THE WEST BOUNDARY OF THE NEh OF THE SE4 OF SAID SECTION 18; THENCE NORTH 01 °01'28" EAST PARALLEL TO SAID WEST BOUNDARY 65.0 FEET TO THE POINT OF BEGINNING. CONTAINING 1147 SQUARE FEET, MORE OR LESS. NW COR OFN r40FSE4 • + -, :,; ('.'�; ;.. ' OF SE4!o, ro�'795, ROE/6E GULF -TO -BAY BLVD. — lVBORCOFNE440 s !4 �.1 ��_�. 3 STATE ROAD NO. 60 N � (.08. yr J l 290 _ _i'Sf m) R(W SOBS \\ 4 J � ' f O •o a Q (f o i � b 10 b � W � a a � '- • O h e 2 2 °m ut ° 3 � S \ u o, r, i b / 4 ?90' f °S frldL'h Pit' \Salt' l:7"['04Ai:GN rn • pa.,.r,u cr. f rrc.•.+(rnr.r: w r.nr.+v.ti • m .t ,,.....r. REL EASE OF A PORTION "� "•• ",•'" Of FPG, F"EE` OPINERSN /P rO orYOF aw?wArep � JhN 79 /965. .•7.545' L,./ PINELLAS COUNTY FLA. OFF- REC.BK 8823 PG 828 CITY OF CLEARWATER, FLORIDA DEED OF CONVEYANCE Made this day of October, A.D. 1994 by the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida hereinafter called the Grantor, to FLORIDA POWER CORPORATION, a Public Utilities Corporation of the State of Florida whose Post Office address is: Real Estate Department, P. O Box 14042, St. Petersburg, Florida 33733, hereinafter called the Grantee: 0VI uud herein the Icon 'e,ndur' eud 'Ci.inca —W& +11 0. rylue+lu Ni+ u1.U.rtnnrt.11d urc 1 —I . IqA tcpinnN+li.c+ and .u,�nr of uulindude, .W We .0 —.—+ad of cn,)iu,.h..u) 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 that certain parcel of real property situate in Pinellas County, Florida, viz: A portion of the NW; of the NW; of the SE; of Section 18, Township 29 South, Range 16 East, that lies South of the South right -of -way line of Gulf -To -Bay Boulevard (State Road No. 60) and west of the west right -of -way line of Florida Power Corporation's existing Higgins - Disston 120 KV Steel Tower Transmission Line, being further described as follows: From the Northwest corner of the NE; of the SE; of Section 18, Township 29 South, Range 16 East, run South 01 °01'28') West along the West boundary of the NE, of the SE;, So feet to a point on the South right -of -tray boundary for Gulf -To -Bay Boulevard (SRD No. 60); thence South 89 °41118" East along said South right -of -way boundary, 11.2 feet to the POINT OF BEGINNING; thence continue South 89 °41118" East along said South right -of- way boundary, 17.8 feet to a point that is North 89 °41118" West, 50.68 feet front the center line of Florida Power Corporation's existing Higgins- Disston 120 KV Transmission Line; thence South 01 001'28" West, 65.0 feet to a point that is North 89 °41'18" West, 50.45 feet from the center line of said transmission line; thence north 6.9 °41118" West, 17.8 feet to a point that is South 89 041118" East, 11.2 feet from the West boundary of the NE; of the SE, of said Section 18; thence north 91 °011281' East parallel to said West boundary, 65.0 feet to the POINT OF BEGINNING. Containing 1147 square feet, more or less. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To ]lave and to Hold, the some in tee simple forever. Subject to easements and restrictions of record. per ma-, PIN. AS COUNTY FLA. OFF.REC.BK 8823 PG 829 And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. 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 day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey Elizabeth M. Deptula Mayor- Commissioner City Manager Attest: Cynthia E. Goudeau, City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor- Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. 1994. WITNESS my hand and official seal this day of October, Notary Public Print /type name: STATE OF FLORIDA ) COUNTY OF PINELLAS ) .BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. 1994. WITNESS my hand and official seal this day of October, Notary Public Print /type name :_ Approved as to form and legal sufficiency: �,L � _ Pamela K. Akin, City Attorney 71-79 !ii r I RESOLUTION 94 - 77 A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA, DECLARING A PARCEL OF CITY -OWNED PROPERTY AS SURPLUS TO CITY NEEDS FOR THE PURPOSES OF CONVEYING FEE SIMPLE TITLE TO FLORIDA POWER CORPORATION IN EXCHANGE FOR A PERPETUAL WELL SITE EASEMENT TO BE GRANTED WITHIN TWELVE MONTHS THEREAFTER IN THE HIGGINS- DISSTON RIGHT -OF -WAY; AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE THE DEED OF CONVEYANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns a certain parcel of real property containing approximately 1157 square feet, commonly known as Well Site #47 located on the south side of Gulf -To -Bay Boulevard, being legally described as in Section 2 hereof, and depicted in the sketch attached hereto as Exhibit "A"; and WHEREAS, Florida Power owns the Higgins - Disston transmission tower right -of -way abutting the easterly boundary of the City -owned Well Site #47; and WHEREAS, the City has agreed to convey to Florida Power Corporation fee simple interest in Well Site #47; and WHEREAS, Florida Power Corporation has agreed that within twelve months of conveyance of Well Site #47 it will provide to the City, over, under and across a location to be identified by the City and acceptable to the City, a perpetual easement for installation, operation and maintenance of a well site within the boundaries of the Higgins - Disston right -of -way; and WHEREAS, Section 2.01(d) (4) of the City Charter authorizes the conveyance of surplus City property, without competitive bidding, and for less than the appraised value; and WHEREAS, the foregoing premises have been duly considered by the City Commission; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The conveyance by Fee Simple deed to Florida Power Corporation of Well Site #47, as more particularly described in Section 2 below, in exchange for a future perpetual easement for the purposes of constructing, operating and maintaining a well site within the Florida Power Higgins- Disston right -of -way, 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 deed of conveyance in the form attached hereto as Exhibit "B ", 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 $10.00 and other good and valuable consideration including, but not limited to, the benefits to be obtained from the future perpetual easement to be granted the City by Florida Power Corporation. Section 2. The City -owned land to be conveyed to Florida Power Corporation by deed authorized to be executed by the appropriate City officials upon adoption of this resolution is more particularly described as follows: A portion of the NW4 of the NW4 of the NE4 of the SE4 of Section 18, Township 29 South, Range 16 East, that lies South of the South right -of -way line of Gulf -To -Bay Boulevard (State Road No. 60) and West of the West right -of -way line of Florida Power Corporation's existing Higgins - Disston 120 KV Steel Tower Transmission Line, being further described as follows: From the Northwest corner of the NE4 of the SE4 of Section 18, Township 29 South, Range 16 East, run South 01 001128" West along the West boundary of the NE4 of the SE4, 50 feet to a point on the South right -of -way boundary for Gulf -To -Say Boulevard (SRD No. 60); thence South 89041118" East along said South right -of -way boundary, 11.2 feet to the POINT OF BEGINNING; thence continue South 89 041118" East along said South right -of- way boundary, 17.8 feet to a point that is North 89 041118" West, 50.68 feet from the center line of Florida Power Corporation's existing Higgins - Disston 120 KV Transmission Line; thence South 01 001128" West, 65.0 feet to a point that is North 89 041118" West 50.45 feet from the center line of said transmission line; thence North 89 041118" West, 17.8 feet to a point that is South 89 041118" East, 11.2 feet from the West boundary of the NE4 of the SE4 of said Section 18; thence North 01 001128" East parallel to said West boundary 65.0 feet to the POINT OF BEGINNING. Containing 1147 square feet, more or less. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th_ day of Octo er , 1994. Attest: t Cyr hia E. Goudeau, City Clerk 9o;77 EXHIBIT "A" A PORTION OF THE NWh OF THE NW4 OF THE NE% OF THE SE4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, THAT LIES SOUTH OF THE RIGHT —OF —WAY LINE OF GULF —TO —BAY BOULEVARD (STATE ROAD NO. 60) AND WEST OF THE WEST RIGHT —OF —WAY LINE OF FLORIDA POWER CORPORATION'S EXISTING HIGGINS- DISSTON 120KV STEEL TOWER TRANSMISSION LINE, BEING FURTHER DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE NE's OF THE SE4 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 16 EST, RUN SOUTH 01 °01'28+' WEST ALONG THE WEST BOUNDARY OF THE NE4 OF THE SE4, 50 FEET TO A POINT ON THE SOUTH RIGHT -OF —WAY BOUNDARY FOR GULF —TO —BAY BOULEVARD (SRD NO. 60); THENCE SOUTH 89041'18" EAST ALONG SAID SOUTH RIGHT —OF —WAY BOUNDARY, 11.2 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 °41'18+' EAST ALONG SAID SOUTH RIGHT —OF —WAY BOUNDARY, 17.8 FEET TO A POINT THAT IS NORTH 89 °41'18" WEST, 50.68 FEET FROM THE CENTER LINE OF FLORIDA POWER CORPORATION'S EXISTING HIGGINS— DISSTON 120KV TRANSMISSION LINE; THENCE SOUTH 01 °01128" WEST, 65.0 FEET TO A POINT THAT IS NORTH 89 °41'18" WEST 50.45 FEET FROM THE CENTER LINE OF SAID TRANSMISSION LINE; THENCE NORTH 89 °41118" WEST, 17.8 FEET TO A POINT THAT IS SOUTH 89 041118" EAST, 11.2 FEET FROM THE WEST BOUNDARY OF THE NE% OF THE SE4 OF SAID SECTION 18; THENCE NORTH 01 °01'28" EAST PARALLEL TO SAID WEST BOUNDARY 65.0 FEET TO THE POINT OF BEGINNING. CONTAINING 1147 SQUARE FEET, MORE OR LESS. NWf:OR.OFN /4OF SE p O + "• +t''r: OF SEC, I6.TN ' ?95, AE.16 E. f ^� +�•;��.. ' G'ULF-TO= BAYBLVD. /'NBOR.0FNE14OFSf1p •. ,�','• 3 \ c STATE ROAD NO. 6p N h O O P.O.B. RD. RIW 5466 + � 509 "4 /70E 0 N U 4 O k eo W N co z e is 3 \ 2 u o, Nff4 °4f (Q•tY co. +c 290' r.t hfrcti Powan cnttronnt+crc j A.ilkql+J i:f.441u.,+S {h.t.0 Ul/'Att1M {I['1 • " „ it ., t,., REL EASE OF A PORT /ON <• OF F, PC. r,6t OWNERSHIP TO C/TYOF apl?WAT'ER n it. ,, J17N�? /3,19b5 A,— — ✓N D,.v f ns t 4.100•A qq °77 CITY OF CLEARWATER, FLORIDA DEED OF CONVEYANCE Made this day of October, A.D. 1994 by the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida hereinafter called the Grantor, to FLORIDA POWER CORPORATION, a Public Utilities Corporation of the State of Florida whose Post Office address is: Real Estate Department, P. O Box 14042, St. Petersburg, Florida 33733, hereinafter called the Grantee: (VA- v-r —d 1-141 the un1 'e+w+llr' unJ'eranmc u+cludc xlt A+- P--i a 4 W s.siena of Individwlx, and +hc w-a.w" and mien- 1f wgwmii —) 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 that certain parcel of real property situate in Pinellas County, Florida, viz: A portion of the NW; of the NW; of the SE; of Section 18, Township 29 South, Range 16 East, that lies South of the South right -of -way line of Gulf -To -Bay Boulevard (State Road No. 60) and west of the west right -of -way line of Florida Power Corporation's existing Higgins- Disston 120 KV Steel Tower Transmission Line, being further described as follows: From the Northwest corner of the NE, of the SE' of Section 18, Township 29 South, Range 16 East, run South 01101'28" West along the West boundary of the NE4 of the SE;, So feet to a point on the South right -of -Way boundary for Gulf -To -Bay Boulevard (SRD No. 601; thence South 89 °41118" East along said South right -of -way boundary, 11.2 feet to the POINT OF BEGINNING; thence continue South 89 °41'18" East along said South right -of- way boundary, 17.8 feet to a point that is North 89 °41118" West, 50.68 feet from the center line of Florida Power Corporation's existing Higgins - Disston 120 KV Transmission Line; thence South 01 °01128" West, 65.0 feet to a point that is North 89041'18" West, 50.45 feet from the center line of said transmission line; thence north 89 141'18" West, 17,8 feet to a point that is South 89041018" East, 11.2 feet from the West boundary of the NE; of the SE; of said Section 18; thence north 01001128" East parallel to said West boundary, 65.0 feet to the PO1J;T OF BEGINNING. Containing 1147 square feet, more or less. 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 easements and restrictions of record. k j�b '% t 4- And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. 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 day and year first above written. Countersigned: Rita Garvey Mayor- Commissioner STATE OF FLORIDA ) COUNTY OF PINELLAS ) CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. GoUdeau, City Clerk BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor - Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of October, 1994. Notary Public Print /type name: STATE OF FLORIDA ) COUNTY OF PINELLAS j BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of October, 1994. Notary Public Print/type name: _ Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney , W -77