FLORIDA POWER CORPORATION (3)
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J. INST # 94-305362
_ NOV 3, 1994 4:51PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8832 PG 101
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CITY OF CLEARWATER, FLORIDA
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DEED OF CONVEYANCE
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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
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whose Post Office address is: Real Estate Department, P. 0 Box
14042, st. Petersburg, Florida 33733, hereinafter called the
Grantee:
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(Whenever used herein the !<nn "grantor" and "grantee" include all the pallies 10 Ulis instnllllent and U,e heirs, legal representalives and nssigns of individuals,
and the successors and assigns of corporations)
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REV and other valuable considerations, receipt whereof is hereby
-- acknowledged, hereby grants, bargains, sells, aliens, remises,
r()'r^~ releases, conveys and confirms unto the grantee, all that certain
~ parcel of real property situate in pinellas County, Florida, viz:
r V 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:
witnesseth, that the grantor, for and in consideration of $10.00
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From the Northwest corner of the NE% of the SE% of
section 18, Township 29 South, Range 16 East, run South
01001'28" West along the West boundary of the NE% of the
SE~, 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 89041'18" East along said South right-of-
way boundary, 17.8 feet to a point that is North
89041'18" West, 50.68 feet from the center line of
Florida Power corporation's existing Higgins-Disston 120
KV Transmission Line; thence South 01001'28" 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 89041'18" West, 17.8 feet to a point that is South
89041'18" East, 11.2 feet from the West boundary of the
NE% of the SE~ of said section 18; thence north 01001' 28"
East parallel to said West b01,mdary, 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 Have and to Hold, the same in fee simple forever.
Subject to easements and restrictions of record.
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(. '~~,kMRY POPE.
~\' fJPl'f(Jfj, fWPPEl & BUrIN
f!(! " Post Offfce Box 136:' P.A.
?""O . 1'''WIter, FL 34617-1388
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PINELLAs COUNTY FLA.
OFF.RfC.BK 8832 PG 102
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And the grantor hereby covenants with said grantee that the grantor
is lawfully seized of said land in fe~ 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.
lta Garve
Mayor-commissioner
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Deptu,la
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By:
FLORIDA
Att~est: ~"': : /f) .' . .' ..
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Cyn ... E. :oU!iea';'.; Ci~inerk (/
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STATE OF FLORIDA
COUNTY OF PINELLAS
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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.
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WITNESS my hand and off icial seal this:J I day of October,
1994.
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No~ary PubllC CAROLYN L. 'BRINK
Pr lnt/type name:. Nolan PlIbliC' <:;t"t(' of Florida
My comm. cxnl~'l!3 May 22, 1995
Conun. No. CC 111741
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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.
,0/
thisa(l. day of October,
WITNESS my hand and official seal
1994.
Notary puq~ of. ~ BRINK
Pr int/type name: Notary Public, Stlde o( ~~Iorlda
My comm, e~.,.IL~~ M'l) :"2, 1995
Comm. No. CC 111741
Approved as to form and legal sufficiency:
tt jJ
Pamela K. Akin, city Attorney
lC031717 SJW 11-03-1994 16:29:45
01 DED-CITY CLWR/FLA POWER
RECORDIHG 1 $10.50
DOC STA"P - DR219 3 $.70
TOTAL:
CHECK A"T.TEHDERED:
CHAHGE:
$11. 20
$11.20
$.00
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AGREEMENT ~~
MADE AND ENTERED INTO this 2./~y of ,
1994, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, organized and existing under the laws of the state of
Florida (herein "city"), and the FLORIDA POWER CORPORATION, a
public utilities corporation, organized and existing under the laws
of the state of Florida (herein "Florida Power") .
RECITALS
A. The City is the fee simple owner of a vacant parcel of real
property acquired as a well site from Florida Power by that certain
deed dated March 5, 1965, as recorded in O.R. Book 2151, Page 683,
Public Records of pinellas County, Florida, as legally described
therein and attached hereto as Exhibit "A" (herein "City parcel") .
B. Florida Power is in the process of formulating and defining an
ingress/egress easement from the south side of Gulf-To-Bay
Boulevard (state Road 60) across a portion of its Higgins-Disston
right-of-way for the use and benefit of SCBS, Ltd., a Florida
Limited Partnership, its successors and assigns.
C. The City has abandoned the use of the City parcel as a well
location due to low quality water accessible at this location, and
finds no other reasonable public use for the parcel.
D. It is mutually agreed between the City and Florida Power that
incorporation of the city parcel into the aforementioned
ingress/egress easement premises would be a practical and
beneficial use of the parcel for the parties thereto.
E. Florida Power agrees to accept fee simple title to the City-
owned parcel hereinabove described in exchange for granting the
City a perpetual easement for a more suitable well site over, under
and across a portion of Florida Power right-of-way located within
the Clearwater city limits, subj ect to terms and conditions as
defined herein.
F. It is mutually agreed the fee simple value of the City-owned
parcel, being a non-productive well site, is deemed to be of equal
value to a perpetual easement interest in any other suitable
Florida Power right-of-way parcel that would, in the opinion of the
City's engineering consultant, Camp, Dresser and McKee, provide a
productive well site location.
Page 1 of 3
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G. Conveyance of the City parcel, and fulfillment of the other
covenants contained herein, is subject to the Clearwater City
Commission finding the exchange of the fee simple interest of City
parcel for an easement interest in a more suitable well site
location is in the public interest, and declares the City parcel
surplus to City needs in accordance with section 2.01(d) (4),
Clearwater Code, for the purpose of conveying title to Florida
Power.
Now, therefore, in consideration of fulfillment of the mutual
covenants contained here, and the benefits to be derived therefrom,
the parties agree as follows:
1. Within thirty days following declaration of the city parcel as
surplus property, the City shall convey title in the property to
Florida Power by Special Warranty Deed, subject to easements and
restrictions of records. All transaction costs, including, but not
limited to, title insurance, survey, inspections, closing costs and
recording fees, shall be borne by Florida Power.
2. Following conveyance of the City parcel to Florida Power, the
City shall have the option for a period of twelve months thereafter
to identify a suitable easement location for a well site within the
Florida Power right-of-way. The location shall be acceptable to
both parties, provided, however, that such acceptance shall not be
unreasonably withheld.
3. Upon the timely identification of a suitable well site location
by the City, Florida Power shall convey to the City a perpetual
easement sufficient in area for the City to install, operate, fully
utilize and maintain a water well site, including all equipment
and piping necessary for water transmission therefrom, subject to
the following conditions:
a. Florida Power shall cause to be performed a Phase I
Environmental site Assessment in accordance with ASTM Standards E
1527-93, et. sec., and, if recommended by the environmental
contractor, perform Phase II Environmental testing procedures. If
environmental contamination of the proposed well site easement
premises is revealed by the studies and tests performed in
accordance with the aforementioned Standards to be in an amount
and/or concentration beyond the minimum acceptable levels
established by current applicable governmental authorities, the
City shall not be obligated to accept the easement premises, but
shall have the option of identifying and requesting another
easement premises within the Florida Power right-of-way that meets
minimum environmental standards.
Page 2 of 3
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b. The well site easement grant to the city by Florida Power
shall be subject always to the conditions contained herein, and to
those Florida Power easement terms and conditions as defined in
that certain well site easement grant dated December 30, 1970, and
recorded in O.R. Book 3463, Pages 354 - 356, Public Records of
pinellas County, Florida, and such reasonable modifications,
amendments, deletions and additions to said terms and conditions as
may be mutually agreed between the parties. .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
signed, sealed and delivered
in th presence 0 :
Assistant
By:
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witness
Approved as to form and
le~J~f"iCienCY:
Pamela Ak~
City Attorney
Attest:
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Page 3 of 3
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EXHIBIT "A"
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T1IIS INDENTURE, made this ~ day of
----._~-~- )
A.D. 1965, between F'LORIDA POHER CORPORATION, a corporaLion existillg
under the laws of the State of Florida, having its principal place of
business in the County of Pinellas and SLate of Florida, ParLy of the
First Part, and CITY OF CLEARWATER, a municipal corporation, oL'ganb.cd
and existing under the laws or the State of Flo~iua, with its princi.l'iil
office and place of business in U,e Cuunty of Pillella9 anu State of
Florida, Party of the Second Part,
WITNESSETH, that the saiJ Party of the First ParL, for and in
consideration of the SUIII of ONE DOLLAlt ($1. 00) AND OTHER VALUAIlLE COn:HD-
ERATION to it in hand paid, the recelpt \Ihereof is hereby aclmowl"d[;l"l,
has granted, bargained, solJ and transfcrreu, and by these presents does
grant, bargain, sell and transfer unto the said Party of the Second Part
all that certain parcel of land lYln!; 'HlJ beill!; in Lhe County of
Pinellas and State of Florida, more particularly Jescribed us follows:
A par tion of the NW~ of NW~ of NElt; of SElt; of See I: ion
18, Township 29 South, Ran6e 16 East, Lhal: lies South of
the South right-of-way line of Gulf-Lo-llay 1l0ulevlll:d (StaLe
Road No, 60) and West of the West right-of-way line of
Florida PoweL' CorporatiOli's existing Higgins-Disston
120 KV Steel Tower Transmission Line, being furthec Je-
sc~ibeJ as followS:
From the Northwest co~ner of tbe'NEk of SEk of Section
18, Township 29 South, Range 16 Ea~t, run SouLh 10 01' iU"
West along the Heat boundary of tl,e NElz; or SElt;, 50 feeL
to a point on the South right-of-way boulld<lrY rOL' Gulf-
to-Bay 1l0uleval'J (Slill No, 60); thCllce SouLh 8Yo I,l' lU"
gast along sa1.d SouLh ri.ght-of-way buunJary, 11. 2 feet
to the Poi.nt of lleginn1.ng; Lhence conLinue South eYo
'fl' 18" East along said South right-ot-way uounJary,
17,8 feet to a poi.nt that is NorLh 890 41' 18" West,
50.68 feet frolll the cellLe~ lille of Florida Power
Corporation's existing Higgins-Disston 120 KV Trans-
IIIiss ion Line; Lh'-'nce S..", th l" 01' 28" \-Ies t. 65.0 f",-, L
to <I point that is NUl-LI. U90 Ill' 11l" \.]est 50.1,5 J:eCL
from the ccnt~r line of sai.d tl:--i.lJlslld.s~ion liIH':'; chel\Ce
North 890 1,1' 18" West, 1/,8 feet to a po1.nt Lhat' is
South 890 I,]' 18" East, 11. 2 feet fn,," Lhe \-I,-,st boundary
of the Nt::lt; of SElz; of suiu S,-,ctioll Ill; llwllce NUl'th I"
01' 28" East parallel to ,,<lid West bounuary 65.0 feet to
the Point at Beginning,
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TOGETHER with all the tenements, hereditaments and
appurtenances, with every privilege, right, title, interest and
estate, dower and right of dower, reversion, remainder and ease-
ment thereto belonging or in anywise appertaining:
TO HAVE AND TO HOLD the same in fee simple forever.
IN WITNESS W1IEREOF, the said Party of the First Part 1"",
caused these presents to \Je signed i,\ its IWllIe \Jy its
Vice President, and its corporate seal to be affixed. attested by its
Assistant
Secretary, the day and year above IJritten,
Signed, sealed and delivered
in the presence of:
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FLORIDA POWER COlU'ORA'l'ION
By' --\
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Vice
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Pl'~siJent""---
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Attest:
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COUNTY OF PINELLAS
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STATE OF FLORIDA
I HEREBY CERTU'Y, That on this __2.ili.- Jay of
Marcl.
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A.D. 1965, before me personally appeared
A. P. l'ElillZ
and
H. 11. WESTON
Vice President anJ Assistant
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Secretary, respec tive 1 y of FLORIDA POl~ER CORPOllATION, a corporat iOll under
the la\Js of the State of Florida, to me I<noHII to !.>e the persons JescrJ.bed
in and who executed the foregoing co nveYLlI\ce to FLORIDA POHEIl CORl'OlU\'1'lON,
and severally acknowledged the execution thereof to be their free act anJ
deed as such officers, for the uses and pULposes therein ...entioneJ; and
that they affixed thereto the official seal of said corporution, ew" the said
instrume~t is the act and deeJ of suicl corpoLution.
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.\', "'\:!:'C:tl.\.~ County of Pinellas and State of Florida, the day and year last aforesaid,
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HI'fNESS my signature anJ official seal ut Sc. Peters!.>ul!,;, in
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It\''''../S,,,,,'~lV'I..~t-" I:NC.I~..~lf-ld"G OlFJ..Rlt<".[N'
RELEASE OF A PORTION
OF F.PC FEE OWNERSHIP
TO CITY OF CLEARWATER
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RECEIVED
JOHNSON, JLAKELY, POPE, BOKOR, RUPPELl BURNS, P.A.NOV 101994
ATTORNEYS AND COUNSELLORS AT LAW
-
CITY CLERK DEPT.
EUZABfITH J, DANIELS SHARON E. KRICK DENNIS G. RUPPEL.
USA B, DODGE JOHN R. LAWSON. JR.. CHARLES A, SAMARKOS
MARION HAlE MICHAEL G. UnLE JOHN A. SCHAEFER
REBECCA A. HENSON MICHAEL C. MARKHAM BETHANN SCHARRER
JAMES W. HUMANN STEPHANIE T, MARQUARDT PHIUP M, SHASTEEN
scon C, ILGENFRITZ DAVID J, OrnNGER CHARLES M. TA TELBAUM
FRANK R. JAKES p, W AUACE POPE. JR. JOAN M. VECCH10U
TIMOTIiY A. JOHNSON. JR. DARR YL R. RICHARDS ANTIiONY P. ZINGE
~ JUUUSJ.ZSCHAU
f} _ ,.,/ I ~ /7 .OP COUNSEL
/ ~~~ PLEASE REPLY TO CLEARWATER
- hd;~~19331.85307
Novem er 8 1994 N--.
E. D. ARMSTRONG III
BRUCE W, BARNES
JOHN T. BLAKE!. Y
BRUCE H. BOKOR
ALEXIS P. BROOKS
GUY M. BURNS
MICHAEL T. CRONIN
DUANE A. DAlKER
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Mr. George Townsend
Supervisor of Right-of-\^Jay
Activities and Technical Support
Real Estate Department
Florida Power Corporation
P.O. Box 14042 .
St. Petersburg, FL 33733
Re: Deed from City of Clearwater for Well Site #47
Dear Mr. Townsend:
Enclosed is the original Deed of Conveyance from the City of Clearwater to
Florida Power Corporation, which has been recorded in O. R: Book 8832, Page 101,
Public Records of Pinellas County, Florida.
If you have any questions, please call me.
CC:)Mr. Earl Barrett, City of Clearwater
(w/encl.)
Sincerely,
/y v. ~ -f- /-"
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Sue Whitener
Legal Assistant
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CLEARW A TER OFFICE
9\1 CHESTNUT S1ll.EIrr
POST OffiCE BOX 1368
CLEARWATER. FLORIDA 34617,1368
TELEPHONE: (813) 461-1818
TELECOPIBR (813) 441.8617
fD) @~~wrn['~
lJ11 fNOV 9 1994 I ~
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-rnLEPHO .2j()()
PIER (813)223.7118
COPIES TO:
. CrrV F CLEARWATER
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