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FLORIDA POWER CORPORATION (3) "I.. , v l' ( I'" S ... -f .~I' J . /.( . I J. INST # 94-305362 _ NOV 3, 1994 4:51PM I PINELLAS COUNTY FLA. OFF.REC.BK 8832 PG 101 - . ---.-- ~ CITY OF CLEARWATER, FLORIDA I i, ? rl 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 ()lr'I.r,':Il~1>J"'~'.' ~~(D!" ~ 1)3 ~,. INT__ whose Post Office address is: Real Estate Department, P. 0 Box 14042, st. Petersburg, Florida 33733, hereinafter called the Grantee: FEr~; ___'" (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) M:rF __'_ PiC 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 ?~~ :\ r= ~ >< i' -" /~ 8 0 ,;, . ;:. ..'.~ jf) .:..J :!-) f\' Q. ,I!;. :" JI) ~ ,~ Q .~ J.' 6 '.:; cl. ). ~"! k 51 E i? }1 f>~ .... (I).. [ CD Q 1J' Ii 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. I' "'11:: (:1J.tJ) (. '~~,kMRY POPE. ~\' fJPl'f(Jfj, fWPPEl & BUrIN f!(! " Post Offfce Box 136:' P.A. ?""O . 1'''WIter, FL 34617-1388 J/1 '.O.r<1-, ,''''7 ,j.. JC ..'" fJtjl- J PINELLAs COUNTY FLA. OFF.RfC.BK 8832 PG 102 .~ 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 r c..-0 Deptu,la " By: FLORIDA Att~est: ~"': : /f) .' . .' .. .. 0 ..~.~ 6m&uiL Cyn ... E. :oU!iea';'.; Ci~inerk (/ ~ /~:;: I' "I't ' ;r 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. ,..iT WITNESS my hand and off icial seal this:J I day of October, 1994. ~oe~ 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 '^. I 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 'I~ J I 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 LJ!!l I I 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 ~ ) I 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: ~(J~ witness Approved as to form and le~J~f"iCienCY: Pamela Ak~ City Attorney Attest: . IUuL.~~ ./ -U ~ Page 3 of 3 ,)" , , ,I '. ~''d/' 'j " ',\ " . \'.~ - .--. . . ~ rU fJ r '\ y,:~r:. \ I I" 2151",,683 () .0 JI (I t ")" I.:. p.::- '\ I . ~0~\U.J i 6/:> ~1,~1 1/ 2!)SlO?B ENGl!~tfHUHG DIVt:T>.1 '.'~ OHler cml'{ EXHIBIT "A" \ ,: ,.... Milrt:h 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, " I ~ ;{ 53's:c' j .' I I I I OJ!. 21511'AGE6~4 ~ 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: C:;+-r I~ ., .; / ~.(Oa FLORIDA POWER COlU'ORA'l'ION By' --\ 'IJ .) :' "I Vice "',,/ . Pl'~siJent""--- / ", " Attest: , .') ., L ,., '7 ---~; , . ...; " " l " ,'. __ l' ~~~" Secre tLl~'y' "0/ I.' ) I ~ ~.I.I(~~ .. .:I! ., .,,' COUNTY OF PINELLAS ) ) ss. ) STATE OF FLORIDA I HEREBY CERTU'Y, That on this __2.ili.- Jay of Marcl. ..------) A.D. 1965, before me personally appeared A. P. l'ElillZ and H. 11. WESTON Vice President anJ Assistant ~i' 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. (\ rr, .\', "'\:!:'C:tl.\.~ County of Pinellas and State of Florida, the day and year last aforesaid, ..' '. " . ......., ~.:),,' ", '.' f:/.~\ 0 1 J\ Il }. (MOTAIUAL SEAL) "-. ":?" ' My CO.\luniss ion Ell pires: .~ .,..:. ['U[}L \". -;........: ..>.:..... ' ,_..... :1': c . .' -'do 01 lorg:. '.~ ' r:'t1-:.1tH'I.h;.I~.lt _1(.;.0 01 [-1011 l.fI'I" ~: tJy (: ",\;.~in!on t:.~r;ircs N.ay I, 1968 "".tH..' HI'fNESS my signature anJ official seal ut Sc. Peters!.>ul!,;, in 1f!zL-~-~_~-: C C.. z.-=- / Notarr Puulic , I -2- ~ :1 .. { ~. .~ ./ .~ .'''/ .' ~ jf~ ",'1... ' . ( ....;. : . .' '" " ..'- , '.Ik_' :1: ':-:';~.,,:. t ' .~ . . ':' .'\: , ,. I '. G F - TO- 8A Y 8L VD. ,,--N BORY.OF NE'4 OF SEt ~ ~ STATE2~:AD ND W _ i4sr~:I' (\J,r-= )-- 17.8' \CONC> 5Q6B~ i \ . t~P'r-- S89"4J'IB"E MON. \ l \\ \ \ \ C) ~\ ~ \ ' ~ \ I ~ \ I ~ \L..." //'\ '0 _"t iii "" (Q II) I ~ ,It.i _ "t ~ ~ ,C\l. .... cs Cl o :>.. -- ct ~ ~ s ~ ro BE SEr Br car OF CtEARWAfER ( ~ 1 . I ',::;~!~~~~r'~', .. ,p ,fV,>:" " '-. . " ~ " . ' ~ I I: ,'.' ...-:; ..~. ' . ~ :r?/ ~ ... i' '~ . '/) I I j i I ;\'. N .: . .. .~,~) : i ~ .,. . .~i;~.';~' <; ~ : , . I lr). V)i' ..... ~ ~ ~ ~ , . Cl , <ii c;. l1) --.I ~ <( ~ <- lI) C) <( It) ~ t ~ ::. Ie: ,'S Cl ~ Q) <- !-'l Cl CS l-. l1) 0 CI) -- Ci tI) ~ II) ~ <3 ~, 1 :t ..' r. r . '~1 " <:> .- ,'. : ~ ~ '.t i: II) >< "" N89"41 ~8"W. 17.8' CONC_ III I/oiON) , ::. . . . -f 50.45~ 290 FI.O/,:Ck P0W~f\ COHPORATiCN 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 \V o. I'. _ . . (,.,.JA.N..?':U[lf5?:.. L)..~. J DH r')" 91.i 1.-jO/./... APP'OHO .~Clv.}. ,.11.( .ff)... .. .... lv._\....;!N9WIf..... pw(> "0 T.4398-A ..2 5' 35'- ~ -4':! .~ Ie", ~. t 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 I (-f-9r ~ 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- /-" ~ ~<---~<~ Sue Whitener Legal Assistant '1 / 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 ~ ...,....._r._...--.."'..-.'.,~~'_ ,..~ "'~' ",")0,. " ("'.t ;"'" ~ i '{.) r r,:,""'\i..l;;"'.i",,~, \.il..,),,JIJ M .:;,HU..'''....."..' . ~.J/!. ""~J QFj , < 0 l.~I"" Cl 1::1 j 0 JRL 0 MH ,., "ro~, 0 GPfJ o nroop I.z ~,...,.,1' o RJM, r~l': 0 Cf1.;: 0 AE o WJG r.~ ';:~1 C,H,'.e 01'41' o RDB 0 \>.J3 0 GAl 0 JP o RCS C1 J\'iR riLE: TAMPAOF CE _.-100 ~'9R'R I '!'AM S1ll.EIrr -- SUITE 1 POST OFFICE B X 1100 T"MF,'-" L..V/<IfJA 33601-1100 -rnLEPHO .2j()() PIER (813)223.7118 COPIES TO: . CrrV F CLEARWATER ""..:....l.';:_ ,-', DE~RTMENT ~ ~,.d