07-16
RESOLUTION NO. 07-16
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
DETERMINING THE NECESSITY TO CONSTRUCT DRAINAGE
IMPROVEMENTS TO REALIGN THE MEANDER AND STABALlZE A
PORTION OF ALLIGATOR CREEK, CHANNEL G, AUTHORIZING AND
DIRECTING CONDEMNATION OF THE NECESSARY PROPERTY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been advised by its Engineering Director that it
is necessary and in the public interest to undertake drainage improvements to realign
the meander and stabilize the banks of an approximately 1940 foot portion of Alligator
Creek, Channel G, lying within and adjacent on the west to Lots 22 through 45,
FAIRWOOD FOREST, and,
WHEREAS, the City Council has determined that the acquisition of certain
property and property rights is necessary for this public purpose; and;
WHEREAS, the City Council is empowered by the Florida Constitution and
Chapters 73, 74, 166, and 334 through 338, Florida Statutes, to exercise the power of
eminent domain and acquire such property and property rights as is deemed necessary
by the City Council for the construction of this project; and,
WHEREAS, the Engineering Department has defined the limits of construction to
be undertaken to accomplish the project, and intends in good faith to construct the
drainage improvements upon the hereinafter described property in accordance with
conceptual drawings for Fairwood Forest Drainage Improvements, West Ditch Plan and
Profile (City of Clearwater Engineering Department Project No. 03-0023-EN); and,
WHEREAS, the City Council, upon due consideration of the engineering analysis
and proposed project plans, the project costs and the public benefit of undertaking the
project, has determined the necessity of acquiring certain property and property rights
pursuant thereto; and,
WHEREAS, attempts to negotiate the acquisition of the following property and
property rights necessary to proceed with the project have been unsuccessful, and it is
therefore necessary to exercise the power of eminent domain for the public purpose of
facilitating the project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City Council finds it necessary and in the public interest to
construct the Fairwood Forest Drainage Improvements Project in accordance with
conceptual project plans.
Section 2. The City Council authorizes the Director of Engineering or his
designee, to give testimony and commit the City to the existing conceptual plans, and to
fully develop engineering plans for this project.
Resolution No. 07-16
Section 3. The City Council commits itself to the particular use and extent of
the property to be taken as reflected in the conceptual and engineering plans.
Section 4. The City Council finds it necessary to acquire the specified
interests in the following described property in order to construct said project in
accordance with such plans:
A ONE HUNDRED EIGHTY (180) DAY TEMPORARY CONSTRUCTION
EASEMENT OVER, ACROSS AND UNDER A PORTION OF LOT 1 , CLEARWATER
"19" COMMERCE PARK, AS RECORDED IN PLAT BOOK 95, PAGE 1 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commence at the Northeast corner of Lot 1, CLEARWATER "19" COMMERCE
PARK as recorded in Plat Book 95, Page 1 of the Public Records of Pinellas County,
Florida; thence N89044'07"W, along the North line of said Lot 1, 15.00 feet, to a point on
the West line of a 15.0' Drainage and Utility Easement, as shown on said Plat, and to
the Point of Beginning; thence S01 01 0'56"W, along said West line, 550.07 feet, to a
point on the North line of a 20.0 Drainage and Utility Easement, as shown on said Plat;
thence N89044'07"W, along said North line, 42.31 feet; thence NOo015'53"E, 10.00 feet;
thence S89044'07"E, 27.47 feet; thence N01010'56"E, 190.51 feet; thence S88049'04"E,
3.90 feet; thence N01 01 0'56"E, 6.67 feet; thence N88049'04"W, 3.90 feet; thence
N01010'56"E, 148.51 feet; thenceS88049'04"E, 4.44 feet; thence N01010'56"E, 7.80
feet; thence N88049'04"W, 4.44 feet; thence N01010'56"E, 152.69 feet; thence
S88049'04"E, 3.47 feet; thence N01 01 0'56"E, 6.14 feet; thence N88049'04"W, 3.47 feet;
thence N01010'56"E, 27.76 feet, to a point on the North line of said Lot 1; thence
S89044'07"E, along said North line 15.00 feet, to the Point of Beginning.
Containing 8443.03 square feet, more or less.
Section 5. The City Attorney is hereby expressly authorized to file a petition
in eminent domain against the property identified in this Resolution.
Section 6.
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th day of June , 2007.
.=L,.~ !/ ~
~nk V. Hibbard '
Mayor
Attest:
P ul Richard Hull
Assistant City Attorney
Resolution No. 07-16