AGREEMENT WITH FRED BALLARD JR
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AGREEMENT
THIS AGREEMENT. made this -r'.3 -.J.. day Of~' Z. /.J
by and between FRED B. BULLARD, JR., hereinafter called "Bullard",
and the CITY OF CLEARWATER, FLORIDA, hereinafter called "City";
WITNESSETH:
WHEREAS, Bullard presently owns the properties enumerated as
Parcels "A", "B" and "E", described in Exhibits "A", "B" and" E" attached
hereto and made a part hereof; and
WHEREAS, Bullard presently has an option to purchase Parcels
"c" and "D"; and
WHEREAS, Bullard has cooperated with the City and intends to
transfer Parcels "A" and "c" to the Southwest Florida Water Management
District ("SWFWMD");
NOW, THEREFORE, the parti~,s hereto agree as follQws:
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1. Bullard agrees to sell both Parcels "A" and "c" to SWFWMD
to be used in conjunction with the Alligator Creek Water Management Project
at a rate of $20,000.00 per acre. The sum provided for in this paragraph
and Paragraph 6 shall be payable at the time of any closing that might take
place with respect to the parcels.
2. Bullard will dedicate access and utility easements to the City,
the exact location to be determined at the time of site plan approval, to
Parcel "0" so as to provide for access to the Water Management Project
on Parcel "C" and so as to allow for the extension of utility services to
adjoining properties.
3. The City will extend at its expense water and sewer services for
the main portion of Parcel "0" to the boundary East of Parcel "c" in the
manner determined to be the most economically feasible route.
4. The City will construct a paved surface road from Fairwood
Avenue to that portion of Parcel "0" East of Parcel "C" at City expense as
per the specifications of the City Engineer for this road segment.
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5. The City will assmne the storm water runoff retention require-
ments for the Bullard properties (Parcels "B", "D" and "E") as part of the
Alligator Creek Water Management Project, with the understanding that
Bullard is responsible for design and construction so as to transport all
storm water runoff in an acceptable manner to the appropriate Management
area; however, Bullard will not be required to construct an onsite water
retention area.
6. Apart from Paragraph 1, the City will pay $90,000 to Bullard
in recognition of the value of the existing utilities on Parcel "A" to be
purchased by SWFWMD.
6 (a). In the event that SWFWMD does not purchase Parcels "A"
and tIC" on or before April 1, 1981, this agreement shall be null and void
unless otherwise agreed by the parties. If the agreement becomes null
and void because of the event set out in this paragraph, the occurrence of
such event shall not affect the prior site plan approval of Parcel "B".
7. The City will pay the interest on the principal on the loan obtained
by Bullard on Parcels "A" and "C" to be purchased by SWFWMD from December
1, 1980, until the date of closing between Bullard and SWFWMD, at a rate not
to exceed twelve per cent (12%) per annmn, based on the actual interest rate
paid by Bullard.
8. The City will transfer density from those lands to be purchased
by SWFWMD from Bullard (Parcels "A" and "C"), to Parcels "B", "D" and
"E", contingent upon the total development of Parcels "B", "D", and "E",
not exceeding the permitted medium density category of 16 units per acre
and upon the existence of the necessary number of units attributable to
Parcels "A" and "c" from which the requested density transfer will be
allocated, so as to permit a maximum of 109 dwelling units on Parcel "B",
a maximUlll of 180 dwelling units on Parcel "D'I and a maximum of 238
dwelling units on Parcel "EI', subject to all the otherwise applicable
requirements of the City Code of Ordinances. The City agrees that the
aforesaid densities shall be vested for a period of seven (7) years from the
date of this agreement.
9. Subject to the provisions of Paragraph 10 (e) of the Agreement
between City of Clearwater and the Southwest Florida Water Management
District, the City will allow Bullard to remove fill dirt from the excavations
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in the Alligator Creek Water Management Project as it relates to the Parcels
which are identified in Paragraph 1 up to fifty per cent (500;0) of the total
volume approved to be removed pursuant to City of Clearwater specifications
and consistent with the provisions of the Southwest Florida Water Management
District agreement identified herein.
10. This agreement shall inure to the benefit of and be binding upon
the parties hereto, their respective heirs, representatives, successors
and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
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Coun~rsigned:
.(~ftJ.I?/~~
Mayor- Commissioner
Attes t:
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City Clerk
s-to.form and
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1.1.111
B~CKG10UND PAPER ON FUNDING FOR IGREEMENT
WITH FRED B. BULLARD, JR.
PURPOSE:
To set forth the construction costs and fund sources for
the City to fulfill its agreement with Fred B. Bullard, Jr.
for the transfer of properties to the Southwest Florida
Water Management District ("SWFWMD").
BACKGROUND; The City is entering into an agreement with Fred B. Bullard, Jr.
for the transfer of certain land to the SWFWMD and for the
dedication of access and utility easements to the City. For
its part, the City has agreed to: Extend water and sewer
services to parcels remaining under Bullard ownership; con-
struct or pave road from Fairwood Avenue to the remaining
Bullard properties; assume storm water runoff retention
requirements for the Bullard properties; payBl,lllard
for the value of the existing utilities to be purchased by
SWFWMD, and pay carrying costs as follows:
Estimate of Interest Cost Per Paragraph 7 of Bullard Agreement:
Parcel A
loan amount
$152,000 X .12 ::$18,240
year _.. 12 1 52 /
::, 0 mo.
Parcel C
494,000 X .12 :: 59, 280 year
year ~ 12 = 4,940 /mo.
. 6,460 /mo.
Period from December 1 to April = 4 months X 6,460 = $25,840
Unspecified Drainage 315-1-2415
Approximate costs for the above construction are:
ITEM
COST
(1) 8" water line extension - 1260 fe,et
(2) lO" sanitary sewer extension
(3) 24 II storm drain
(4) 24' wide road and subdrain
....:
(5) Including the $90,000 purchase of
utilities
$ 20,000.00
40,000.00
10,000.00
50,000.00
$120,000.00
90,000.00
$210,000.00
All costs of the Bullard agreement will be charged to
CIP Fund Code 315-1-2732, Alligator Creek Development.
Sources from which the funds will be obtained to pay for
the items will be:
ITEM
SOURCE/CODE
(1) Water line extension (water system
expansion) 315-1-6109
(2) Sanitary sewer (Hillcrest Avenue
Balance~Alligator Cr. Improvements) 315-1-6224/2416
(3) Storm Drainage (Alligator Creek
Improvements) 315-1-2416
(4) Road (Alligator Creek Improvements) 315-1-2416
(5) Utilities purchase (Unspecified
Drainage) 315-1-2415
Authentication:
Additional fund requirements and costs will be bourne by the present Alliga-
tor Creek Improvement Code.
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1G.~ G.('lr;t\~'le - Director
Public Works
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Southwest Florida Water Management District
PINELLAS-ANClOTE BASIN
Alligator Creek
December 29, 1980
SWF Parcel No. 16-044-102-A
That part of the SE 1/4 and that part of the SW1/4 of SECTION 8,
TOWNSHIP 29 SOUTH, RANGE ~6 EAST Pinellas County, Fiorida, described
as follows: .
Commence at the SW corner of the NE 1/4 of the SW 1/4 of said Section 8;
Thence N 01012'17" E along the West boundary of said NE 1/4 of
the SW 1/4 a distance of 855.00 feet to the POINT OF BEGINNING;
Thence continue N 0101211]1' E 'along tne West boundary of said
NE 1/4 of the SW 1/4 a distance of 282.31 feet;
Thence S 73032' 34" E a distance of 18.42 feet;
Thence S 86022'08" E a distance of 72.63 feet;
Thence S 76041'36" E a distance of 197.89 feet;
Thence S 80051' 51" E ~ distance of 311. 59 feet;
Thence N A502,3 I 57" E a distance-of 74.09 feet;
Thence I: 75044' 13" E a distance o ( 182. 13 feet;
Thence C' 89041'17" E a distance of 197.89 feet;
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Thenr.c S 71018'56" ~ a distance of 122.:1 feet;
Thence S 67007'52" E a distance of 181 . 85 feet;
Thence S 68005;01" E a distance of 137.22 feet to a point on a
curve concav~ to the Northwest and having a radius of 160.00 feet,
said point also being on the Northerly right-of-way line of Fairwood
Avenue;
Thence along the arc of said curve (Northerly right-of-way line
of Fai~ood Avenue) through a central angle of 06009'56" (chord distance
of l7.2f feet, chord bearing N 89008'52" W) a distance of 17.22 feet;
Thence N 86003'54" W along the Northerly right-of-way line of
Fairwood Avenue, a distance of 171.16 feet to the P.C. of a curve
concave to the Southeast and having a radius of 490.00 feet;
, Thence along the arc of said curve (Northerly right-of-way line
of Fairwood Avenue) through a central angle of 55031 '56" (chord distance
of 45.6.55- feet, chord bearing S 66010'08" W) a distance of 474.92 feet
to the point of a compound curve concave Southeast end having a radius
of 940.00 feet;
TI;ence along the arc of said curve (N0!"'therly rign:-of-way line
of Fain-lOod Avenue) through a central angle of 13054'39" (ChOrd distance
of 227.66 feet, chord bearing of 5 31026'51" WI a distance of 228.22 feet;
Thence N 67001 'S3" W a distance of 383.61 feet;
EXHIBIT "A"
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SWF Parcel No. 16-044-102-A
Page Two
Thence N 88047143~ W a distance of 53.00 feet;
Thence N 01012'17" E a distance of 143.00 feet;
Thence N 88047'43" W a distance of 328.00 feet to the POINT
OF BEGINNING:
Containing 8.70 acres, more or less.
Subject to a utility easement 10 feet wide as described in O.R.
Book 4107, Page 519, Public Records of Pinellas County, Florida
and a drainage easement as described in O.R. Book 4190, Page 725,
Public Records of Pine'las County, Florida.
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Southwest Florida Water Management District
PINELLAS-ANCLOTE BASIN
All i gator Creek
December 29, 1980
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SWF Parcel No. 16-044-l02-B
That part of the SE 1/4 and that part of the SW 1/4 of SECTION 8~
TOWNSHIP 29 SOUTH, RANGE 16 EAST, Pine11as County, Florida, described
as follows: 0
Commence at the SE corner of the NE 1/4 of the SW 1/4 of said Section 8;
Thence N 01018'33" E a distance of 41.95 feet;
Thence N 40025'00" W a distance of 249.98 feet;
Thence N 52004'57" W a distance of 157.47 feet;
Thence N 70048'07" W a distance of 299.04 feet to a point on the;
Southerly right-of-way line of Fairwood Avenue;
Thence N 17051 '08" E along the Southerly right-of-way line of
Fairwood Avenue, a distance of 9.14 feet to the P.C. of a curve concave
Southeasterly a~d having a radius of 860.00 feet;
Thence along the arc of said curve (Southerly right-of-way line
of Fairwood Avenue) through a central angle of 12043'16" (chord distance
of 190.55 feet, chord bearing N 24012'46" E) a distance of 190.94 feet
to the POINT OF BEGINNING;
Thente continue alo~g the arc of said curve (Southerly right-of~way
line of Fair':lood Avenue) through a central angle of Or4l?'46" (chord
distance 0': 117 43 feet, chord bearing of N 34029117" E)a distance of
117.52 feet to the point of a compound curve concave Southeasterly and
having a radiu5 of 410.00 feet;
Thence along the arc of said curve (Southerly right-of-way line
of Fairwood Avenue) through a central angle of 55031 '56" (chord distance
of 382.01 feet, chord bearing of N 66010'08" E) a distance of 397.38
feet to the P.T. of said curve;
Thence 5 86003'54" E along the Southerly right-of-way line of
Fairwood Avenue, a distance of 171.16 feet to the P.C. of a curve
concave' Northwesterly and having a radius of 240.00 feet;
Thence along the arc of said curve (Southerly right-of-way line
of Fairwood Avenue) through a central angle of 84059'24" (chord distance
of 324.25 feet, chord bearing N 51026'24" E) Q distance of 356.00 feet
to the P.T. of said curve;
Thence N 08056'42" E along the Easterly right-of-way line of
Fairwood Avenue a distance of 147.53 feet to a point on the Southerly
right-of-way line of the SCL Railroad;
Thence S 31004'24" E along said South right-of-way line, a distance
of 976.19 feet to the P.C. ~f a curve concave Northerly and having a
radius of 1196.28 feet;
Th~nce along the arc of said curve (South ri~ht-of'way line o~
SCL Railroad) through a central angle of 03000'31" (chord distance of
62.81 feet, chold bearing of S 82034'39" E) a distance of 62.82 feet to
a point on the Eust bo~ndary of the NW 1/4 of the SE 1/4 of said
Section 8, said point lying S 00051'19" I-J a di3tance of 286.87 feet
from the NE corner of said NW 1/4 of the SEo 1/4;
EXHIBIT lie"
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SWF Parcel No. 16-044-102-B
Page Two
Thence S 00051'19" W along the East boundary of said NW 1/4 of
the SE 1/4, a distance of 321.00 feet;
Thence N 74028'39" W a distance of 195.19 feet;
Thence N 81054'42" \..I a distance of 319.00 feet;
Thence S 78005118" W a distance of 226.00 feet;
Thence S 18005'18" W a distance of 746.79 feet to a point that
is 60 feet, measured at a right angle Northerly from the South boundary
of said NW 1/4 of the SE 1/4;
Thence N 89037'35" W parallel to said South boundary of the NW 1/4
of the SE 1/4 a distance of 376.61 feet;
Thence N 40025'00" W il distance of 413.18 feet;
Thence N 70048'07" W a distance of 227.61 feet;
Thence N 14030'30" W a distance of 118.95 feet to the POINT OF
BEGINNING:
Containing 22.97 acres, more or less.
Subject to a sidewalk easement 20 feet wide as described in O.R. Book
4705, Page 2185, Public Records of Pinellas County, Florida, and a
sanitary sewer easement 15 feet wide as described in O.R. Book 2510,
Page 116, Public Records of Pinellas Cou~ty, Florida, ~nd a sanitary
sewer easement 20 feet wide as described in O.R. Gnok 3596, Page 983,
Public Records of Pinellas County, Florida. .
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--'AREA EAST OF FAJRHOOD AVENUE .1
LEGAL DEseRI PTION (Oeve 1 opment Si te)
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A parcel of land lying in the Southwest 1/4 and the Southeast 1/4 of Section
8, Township 29 South, Range 16 East, Pinellas County. Florida, and being more
particularly described as follows:
Commence at the Southeast corner of the Southwest 1/4 of said Section 8.
thence N 1025'0611 E along the East boundary line of said Southwest 1/4; fo~
:. 1339.36 feet, to the Northeast corner of the Southeast 1/4 of the Southwest
1/4 of said Section 8, and the POINT OF BEGINNING; thence continue
t11025106" E, for 42.00 -feet; thence N 40026'05" W, for 250.00 feet; thence
N 5200613111 W, for 157.50 feet; thence N 7005013311 W, for 299.09 feet, to the
easterly right-of-way line of Fairwood Avenue, as recorded in O.R. Book 4038,
page 1547, of the Pub 1 i c Records of Pi ne 11 as County, Flori da; thence a long
said riaht-of-way line for the following two (2) courses; ,(1) thence
N 17048147" E, for 9: 14 feet, to the point of curvature of a curve concav~ to
the Southeast; (2) thence northeasterly 190.94 feet along the arc of said
curve having a radius of 860.00 feet, a central angle of 12043'16", and a
chord of N 24010'25" E, 190.55 feet; thence S 14032156" E, for 118.95 feet;
thence 5 70050'3311 E, for 227.74 feet; thence S 40026'05" E, for 473.33 feet;
thenceS 89035158" E, for 373.24 feet; thence N 1800910111 E, for 751.37 feet.
"thence. N 78009101" E, for 226.00 feet; thence S 81050159" E, for 319.00 feet;
thence 5 74024156" E, for 195.19 feet, to the East boundary line of the North-
west 1/4 of the Southeast 1/4 of said Section 8; thence S 0055'0211 W along
said East boundary line, for 729.44 feet, to the Southeast corner of the North-
west 1/4 of the Southeast 1/4 of said Section 8; thence N 89035158" W along
the - South boundary 1 i ne of the Northwest 1/4 of the Southeast 1/4 of sa i d .
Section 8, for 1385.53 feet, to the POINT OF BEGINNING, and containing 17.34
acres, more or less.
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EXHIBIT "D"
532-006.90
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EXHIBIT E
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From the SE corner of the SW 1/4 of Section 8, Township 29
South, Range 16 East, Pinellas County, Florida; run thence
N 01025'06" E, 516.77 feet, along the East boundary of said
5W 1/4 to the P. O. B.; thence N 89056'47rr W, 466.76 feet;
thence S 01025'0611 W, 466.76 feet, to the North right.,.of-way
line of Drew Street; thence N 89056'47" W, 394.94 feet, along
said North right-of-way line; thence Northwesterly 39. 76 feet,
along the arc of a curve concave to the NE and having a radius
of 25.00 feet (chord bearing N 44023'04" W, 35.70 feet); thence
N 01010'40" E, 702.91 feet; thence Northeasterly 215.55 feet,
along the arc of a curve concave to the SE and having a radius of
1010.00 feet (chord bearing N 07017'30" E, 215.14 feet); thence
S 88047'02" E. 867.99 feet, to the East boundary of the SE 1/4
of the SW 1/4 of said Section 8; thence S 01025'0611 W, 457.59 feet,
along the said East boundary to the P. O. B.