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RESOLUTION NUMBER 73-147 . . ~ . . ... ,- .~"- !I, :! I --- RESOLUTION No. 73 - 147 A JOINT RESOLUTION OF THE BOARD OF COUNTY COMl\1ISSIONERS OF PINELLAS COUNTY AND THE CITY COMMISSION OF THE CITY OF CLEAR WATER DECLARING THEIR INTENT TO ENTER INTO A JOINT AGREEMENT WHEREBY THE CITY OF CLEARWATER WILL ASSIGN AND TRANSFER TO PINELLAS COUNTY ITS RLHTS AS PURCHASER UNDER THE LAND CONTRACT AND ADDENDUM THERETO WITH UNITED STATES STEEL CORPORA TION CONCERNING CERTAIN POR TIONS OF SAND KEY IN CLEAR WATER, FLORIDA; PINELLAS COUNTY WILL AGREE TO DEVELOP AND MAl1~TAIN A PUBLIC BEACH, PARK AND RECREATIONAL FACILITY ON SAID LANDFOR THE USE OF THE GENERAL PUBLIC, WHICHSAID,AGREEMENT WILL INCLUDE CERTAIN OTHER RESERVATIONS, RIGHTS AND RESPONSIBILITIES FOR BOTH THE CITY AND COUNTY CONCERNING SAME; AND ESTABLJSHING A DATE FORAJOINT PUBLIC HEARING TO CONSIDER A PROPOSED FINAL AGREEMENT PERTAINING TO THIS MUTUALLY BENEFICIAL PUBLIC PROJECT. WHEREAS, both the City of Clearwater and Pinellas County have for many years desired to acquire and develop certain real property in Clearwater, Pinellas County, Florida, known as Sand Key for public beach, park and recreational facilities ; and WHEREAS, th~ City nf Clearwatp,!, qlJ('('e~gf1.llly negotiated a cnntr::>"'+ with the owner, United States Steel Corporation, for the purchase of approximately 65 acres of Sand Key with approximately 2400 feet of beach frontage on the Gulf of Mexico; and WHEREAS, the City of Clearwater has acquired the first portion of this property as described in its Land Contract and the Addendum thereto with the United Stat.es Steel Corporation; and WHEREAS, the acquisition of said property and the use thereof for public beach and recreational facilities would be beneficial to all of the citizens and residents of Pinellas County, Florida, and in order to expedite and facilitate "-- the acquisition and development of said property, the City of Clearwater has -;;.,. requested the assistance of Pinellas County; and '\,' WHEREAS, Pinellas County, through a countywide referendum, was authorized to levy and collect a one mill tax for a two year period with the proceeds thereoi tobe used for the purpose of acquiring and preserving open space areas for public- recreational facilities in Pinellas County, Florida; and -I. I~ I WHEREAS. Pinellas County concurs that the acquisition and use of said property for public recreational facilitie s will be beneficial to all citizens and residents of Pinellas County, not merely to those of the City of Clearwater, and is agreeable and desires to assume and complete the financial obligations and responsibilities of the purchaser, the City of Clearwater, as contained in the Land Contract and Addendum thereto with the owner, United States Steel Corporation; NOW., THEREFORE, BE IT JOINTLY RESOLVED BY THE CITYCOM:MISSION OF THE CITY OF CLEARWATER, FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA, IN SESSION DULY ASSEMBLED, AS FOLLOWS: 1. That the City Commission of the City of Clearwater and the Board of County Commissioners of Pinellas County propose to enter into a joint written agreement which shall include the following basic provisions: A. That the City will assign and transfer to the County all interest and rights that it has and possesses as purchaser under that certain Land Contract dated September 18, 1972, and the Addendum thereto dated February 5, 1973, betwee!1 the City ::l!3 purchaser and thf' United Statpg Stef'l Corro,.atioTl as vendor concerning certain r'eal property in Pinellas County, Florida, commonly known as Sand Key, and the County 'agrees to accept said assignment and to assume, comply with and perform all of the City's liabilities, obligations and responsibilities as purchaser thereunder and to abide by the covenants, terms and provisions contained therein and further agrees that said property shall be developed, used and maintained for public beach, park and recreational facilities in perpetuity. B. That the City agrees to convey fee title to the County, subject to reservations, restrictions, covenants and easements of record running with the land, to the land on Sand Key previously purchased and acquired by tneCity from United States Steel Corporation lying West of Gulf Boulevard as more particularly described as Parcel IA in ,accordance with a survey marked IIExhibit 1", attacneci nereto and mane a part ilt;~reo.i, rel.d.iuiug ~uch ed.~eHleHL/;), both temporary and permanent, as are required for the construction and main- tenance of a proposed jetty, and a portion of the property described as Area E in said Exhibit 1 which lies Southerly of the location of said proposed jetty. -2. . , -I '. I ,. ,~ ~ i:.. ,,,. ......"" C. That the City shall retain legal title to the area designated as Parcel 18 in the attached Exhibit I, which is composed of lane! lying East<'rly ()f the right-oJ-wayof a public road known as Gulf Boulevard. D. That the County agrees that as it exercises the right as purchaser under said Land Contract and Addendum to acquire the additional parcels of real property covered thereunder. that it will deed and convey to the City the portions of said property lying East of the right-of-way of Guli Boulevard, astnore particularly described in the attached Exhibit 1 a~ Parcels 2B. 3R. 4Band 5B,and the City agrees that such land will be de\'eloped and used by the City for public recreational purposes. Z. That at 10:30 o'clock A.1-.1. on Tues day. November 20 . 1973, at County Commis s ion Meeting Room is set as the date for a joint public hearing by the City Commission of the City of Clearwater and the Board of County Commissioners of Pin ell as County to consider a proposed final written agreement pertaining to this joint mutually beneficial project to be undertaken by said official governmental bodies. 3. That the Clearwater City Manager. the Pinellas County Administrator a::~ t~cir rcspecthre legal dcp;:;.rtn1cnts be at&thvrized ar.d instructoed to prc;;pi::Ll'oe a proposed written agreement to carry out the intent and purpose of this Resolution for presentation and consideration at said joint public hearing of these official governmental bodies. " ~' PASSED AND ADOPTED this 30th .':\ day of Oct,?beor, A. D. 1973. jttes,: " ",' ',,',,', ' ' PINELL r..S COU?\:TY, F ~6RIDA , ~ . BOARD -0. 'TY CO \tISSI ~ - 4,.1 AA . ()~_~ erk oi the Circuit Court Attest=;_ /~~. // /-,.--"-.:.- ./ // ,/' i,",' / / ./-i l {. '/:'t't{/:.. ~f:/ CitY; l('rk .~. ~ . .. .. .. . .. . . .- . ....,/' . . \ . 'I .. " . ~ . '. .," -3. " I. ", . I ., --' ... t" STATE OF FLORIDA COthITY OF PI:,::'LLAS I, HhIWLD r.;ur,L:S~illORZ'- Clerk of the Circuit Court ar.d Ex-officio Clerk to the Board of County Cc:~~::1issioncrs, in ar.d for the State cmd County aforesaid, DO IEl1LBY CERTI?Y that th~ above aIld foregoing is a true and correct copy of an excerpt fro::l the minutes of the meeting of the Board of qou...'1ty CO::1:lissioners held on October 30, '1973 relative to: A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIOXERS OF PINELLAS COUNTY AND THE CITY C01...1MISSIO~ OF THE CITY OF CLEARWATER DECLARI~G THEIR INTENT TO ENTER INTO A JOINT AGREEMENT WHEREBY THE CITY OF CLEARWATER WILL ASSIGN AND TRANSFER TO PINELLAS COUNTY ITS RnHlS AS PURCHASER UNDER THE LAND CONTRACT AND ADDENDUM THERETO WITH UNITED STATES STEEL CORPORA TrON CONCERNING CERTAIN POR TIONS OF SAND KEY IN CLEARWATER, FLORIDA; PINELLAS COUNTY WILL AGREE TO DEVELOP AND :MAINTAIN A PUBLIC BEACH, PARK AND RECREATIONAL FACILITY ON SAID LAND FOR THE USE OF THE GEN~RAL PUBLIC: WHICH SAID AGREEMENT WILL INCLUDE CERTAIN OTHER RESERVATIONS, RIGHTS AND RESPONSIBILITIES FOR BOTH THE CITY AND COUNTY CONCERNING SAME; AND ESTABLISHING A DATE FOR AJOINT PUBLIC HEARli~G TO CONSIDER A PROPOSED FINAL AGREEMENT PERTAINING TO THIS MUTUALLY BENEFICIAL PUBLIC PROJECT. IN "lII'rNESS llHEREOF, I hereunto set my hand and official seal this 13th day of December , 19....TI.... · HAROLD I.rULLENDO?.E Clerk of the Circuit Court 81..1- E:;'~--o~i'icio Clc":-l': - to ~::e Board of County C0::-.:.~issioHers By A3r f:fiui). ~;~ (SEAL) v.: ,"'. ,. " .' '. -, '. ;-. . -. ~":._. ~ ,-"J...,-;~;_ "".:>~