PINELLAS COUNTY
,
I
J
CITY OF CLEARWATER
DEED OF CONVEYANCE
PARCEL NO.
COUNTY ROAD
COUNTY
481
611
PINELLAS
THIS INDENTURE made this
day of a.C~'A~
Q
CITY OF CLEARWATER, FLORIDA , a municipal corporation, party
~
If;
, A.D. 19li,
by and between
of the first part, and the PINELLAS COUNTY, A POLITICAL SUBDIVISION, of the
state of FLORIDA, party of the second part, whose mailing address is 315
COURT STREET, CLEARWATER, FLORIDA 34616
WITNESSETH: That the party of the first part, for and in consideration
of the sum of One Dollar ($1.00) and other good and valuable considerations,
to it in hand paid by said party of the second part, at or before the
ensealing and delivery of these presents, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, conveyed and confirmed unto the
said party of the second part, and to its
heirs and assigns forever, all
the following piece, parcel, lot or tract of land, situate, lying and being
in the County of Pinellas and state of Florida, and described as follows, to-
wit:
That part of:
RIGHT-OF-WAY
As described in Exhibit A, attached hereto and made a part hereof.
(Exhibit A Sheet 1 of 2 - Legal Description and Exhibit A Sheet 2 of 2 -
Drawing) .
This deed is conveyed upon and with the condition that Pinellas County
will continue to allow and provide driveway access to all of the real
property now owned by the City of Clearwater from which the granted parcels
were taken, in accordance with plans of Proposed Reconstruction of McMullen-
Booth Road (CR 611), identified as pro No. 106266, Contract No. 2568, dated
July, 1990 as submitted to the city of Clearwater by Pinellas County.
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No construction nor traffic operations scheme will be instigated which
precludes or inhibits the free access to all such driveways as defined in the
aforementioned plans.
TOGETHER WITH all and singular the tenements, hereditaments and
appurtenances thereunto belonging or appertaining; and every right, title or
interest, legal or equitable, of the said party of the first part of, in and
to the same.
TO HAVE AND TO HOLD the same unto the said party of the second part,
its
heirs and assigns, to
its
own proper use, benef it and behoof
forever.
IN WITNESS WHEREOF, the said party of the first part has caused these
presents to be executed in its name by its ci ty Manager, ci ty Clerk,
countersigned by its Mayor-commissioner, and approved as to form and
correctness by its city Attorney, and its corporate seal to be hereunto
attached, the day and year first above written.
CITY OF CLEARWATER, FLORIDA
P.O. BOX 4748
CLE ATER~ FLO 4618-4748
By:
ATTEST:
r~~. ~_ {)o
ia~Goudeau
Clerk
I
,
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvev. the Mavor-
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.
official seal this ;'/ day of ~~~ ,
otary Public
Print/Type Name: ~jlJi,c.,Q/;. iJ, ),soiJ
"'~~';~"'" DENISE A. WILSON
;*( ':*1 MY COMMISS!ON 1/ CC 201400 EXPIRES
~*'.....i{f June 18. 1996
',,9f,.f,'.." BONDED THRU TROY FAIN INSURANCE. INC,
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J. Wriqht. the
city Manaqer of the city of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed
for the use and purposes herein set forth, and who is personally known to me.
day of (2JL9! Lf1h
~~ITNESS my hand and official seal this
19-2.5-.
/1
Print/type name: ~(?JJ it; 6 fJ /;); '/S(JiJ
,........" DENISE A. WILSON
€~~~>rMP :::~ MY COMMISSION II CC 201408 EXPIRES
,~: :~: June 18. 1996 NC
~,;,,,,,,,,,''o*''l BONOED'TlIRUTROY FAIN INSURANCE. I '
'i.~ Of! f",''''
"1111""
Approved as
~
M.A. Galbr
and correctness:
city Attorney
pcdeed.eas
5/26/93
PINELLA.S COUtiTY PUBL,IC WORKS OPERATIONS
LAND SURVEY DIIISION
2221\ U.S, HIGHWAY 1 9 N.
CLEARWATER. FLORIDA 3<1625- 234 7
SECTION(S) 21 &25 I TOWNSIIIP 20 SOUTH, RANGE 16 EAST
Nldillon. or dolollon. by olhor lhon th. Plo,...lonol Lond Su,,,.yo, In lo.pon.lbl. chorgo I. plohlbltod.
land O.actlpllon i. lnovolid wHhoul .i9nol""a and/of .mbol1l8Q .eol 01 lhe' Piof...ienol land SUNeyot
I
DESCRIPTION
A portion 01 the Grantor's troel, os recorded in O.R. 4151. Page 1000, Public Records 01 Pinellos County. Florida in Seelion 21
'and Seelion 28, Township 26 South, Range 16 East, Pinellas County, being described os follows:
PART "A"
Commencing 01 lhe Cenler 01 said Section 21. run N 89'2.Yl8"W along the Nodh line 01 lho No'flheosl 1/4 01 lhe
Soulhwesl 1/4 01 said Section 21. lor 0 distonco 01 1,342.69 1001 10 lhe Northwesl carner 01 aforesaid Northeosl
1/4 01 the Soulhwesl 1/4 01 Seclion 21; thence conlinue N 89'23' 18"W along lhe North line of the Nodhwesl 1/4
of said Soulhwesl 1/4 01 Section 21. for a dislance 01 50.00 foel 10 the POINT OF BEGJNNING; lhonco
S' Ocr04'31"E along 0 line being 50 reet west 01 and parallel with lhe Wosl line 01 lhe (ast 1/2 of the
Soulhwesl ,1/4 of said Section 21. lhe some being lhe Weslerly righI-of -way line 01 McMullen-Boolh Rood, lor 0
dislance of 2.672.26 leel la 0 poinl on the South line of said Seelion 21; lhonce N 8!r 31'23"W along said Soulh
lino. lor 0 distance 01 17.37 leel; lhence N 01'29'20"E, for 0 dislonce of 240,21 leel lo 0 Poinl on CU(;le, 0
radial lo said poinl being N 88"41'30. E: thence northwardly, 270.53 leet along lhe arc of 0 curVe. concave 10
lhe Wesl, having 0 radius 01 11,359.16 leel, lhraugh 0 central angle of 01'21'52", a chord bearing
N Or59'26"W, 270.52 teet. 10 0 Point 01 Tangency; thence N 02'40'23"W, for 0 distance of 403.12 feel lo 0
Pain I 01 CU(;lalure; lhence northwardly, 524.05 reel along lhe arc of 0 curve. concave to the Eosl, having a
radius of 11.559.16 feel. lhrough 0 cenlral angle of 02'35'51", 0 chord bearing N 01'22'21' w. 524.00 leel
to 0 Poinl of Tangency: lhence N Ocr04'31"W along 0 line bei~g 100 feol wesl 01 and paralllll with alorosaid
Wesl line at the East 1/2 of lhe Southwesl 1/" of Section 21. for 0 di,lonce 01 1,235.63 feel lo a point on
aloresoid North line 01 lhe Northwesl 1/" of the Southwesl 1/4 'ot Secllon 21; lhence S 89"23'18" E along said
North line, lor 0 dislance 01 50.00 feel 10 Ihe POINT or BEGINNINC.
PART - 8"
Commencing at the Cenler of eaid Section 21, run N 89'23'I8"W along the North lino 01 the Norlheasl 1/4 of
lhe Soulhwesl 1/" of said Seelion 21. ror 0 dislance of 1,342.69 leel to lhe Nodhwesl corner of aloresaid
Northeast 1/4 of lhe Southwest 1/4 of Section 21: thence S Ocr04' 31" E along the West line 01 lhe Easl 1/2
01 said Sauthwesl 1/4 or Soelian 21, lor 0 distance 0/ 230,02 /eol; thence S 89'23' 18'" E. for a distance
01 50.00 leet 10 a poinl on lhe, Eosterly righI-of-way line of McMullen-Boolh Rood and the POINT OF BEGINt~ING;
lhence continue S 89'23'18"E, for 0 dislance of 50.00 feet; lhence S 00'04'31"E along a line being 100 feet
east of and parallel with aforesaid Wesl line of the Eosl 1/2 of Ihe Soulhwesl 1/4 of Section 21. lor a
dislance of 976.02 leel; lhence S 8T34'26"E. for 0 dislance 01 7.74 feel; thence N 41'59'08"E. tor 0
distance of 225.38 feel; lhence S 48'00'5SE. for 0 dislance 01 78.09 feel; thence S OcrOl'42"W. for a
dislonce 01 261.94 feel: lhence N 89'2T21"W along 0 lino being 15 feet saulh 01 and parallol with lhe
South line 01 aloresaid Northeast 1/4 of lhe Southwesl 1/4 of Seclion 21, for 0 dislance 01 115.54 leel;
lhence N Ocr51'03"W, lor a dislance of 15.00 feel to a point on sold Soulh line 01 the Northeasl 1/4 01 tho
Southwest 1/4 of Seclion 21; thence N 89'27'2" W along said Soulh line, lor a dlslancll of 85.25 leet;
lhence N OCJ06'3rJW. ror 0 dislance of 6.54 feet; thence 5 89'24'18-W, lor 0 dislance 01 29,82 teel:
lhence S ocr 39'46" E. lor 0 distance 01 40.00 leet; thence N 09'14' 1 1" E along a radial line 10 lho proceeding
curve, for 0 dislance of 15.00 reel 10 0 Point on CU(;l"; thenc.. soulhwardly, 378.53 leelalong the arc 01 0 CU(;le,
concave 10 the Ecist, having 0 radius of 11,359.16 feet. lhrough 0 cenlrol angle 01 01'54'34", 0 chord bearing
S 01'43'06"E, 378.52 feel to a Polnl of Tangency; thence S 02"40'23"E, for 0 distance 01 403.12 feel to 0 Pain I
of CU(;lalure; thence soulhwardly, 827.34 loel alon'] the arc 01 a c\Jtve, concave la lhe Wosl, having 0 radius 01
11,559.16 leel, through 0 cenlral angle of 04'06'03 . 0 chord bearing S 00'37'21" E. 827.16 feet 10 0 Polnl 01
Non- tangency; lhence along 0 radial line 10 lhe proceeding curvo S 68"34'19" E, for 0 distance 01 22.00 lee I to a
Poinl on Curve; thence saulhwardly, 131.20 feel along lh.. arc 01 a CU(;le, concav.. 10 lho Wes!. having a radius of
11,581.16 leet, lhraugh 0 central angle 01 00'38'51'. 0 chord bearing S Or45'09"W, 131.20 leello a Pain I 01
Tangency; thence S 02"04 '38"W. lor 0 dislance of 49.81 feel; lhence 5 08' 41'22" E. lor 0 dislance 01 443.51 leel:
lhencs 5 82"09'13" E, lor 0 dislance of 41.88 leel to 0 poinl on Ih.. North..r1y righI-aI-way tin~ at Slale Rood i580;
thence' 5 45'37"JO"W along said Northerly ri9ht-ol-woy line of Slate Hood 8580, lor 0 dislance of 195.00 f~el to
a Point on CU(;le, 0 radial to said point being S 11'4I3'2~"W; lhenco northwesterly. 12.76 leet alon~ lhe arc of
a' CU(;le, concave 10 the Northeast, having 0 radius 01 33.00 feel, lhrough a cenlral angle of 22'09'3S, 0 chord
bearing N 6T06'48" W, 12.68 leel 10 0 Poinl 01 Non- tongoncy: lhence N 03'04'11" E, for a dislance of 27.65 leel;
thence N 8T55'31"W, for 0 dlstanco of 68.70 leet to a point on the Ea3t~r1y righl-ol-way line 01 McMullen-Baolh
Rood; lhence N Ocr17'43"E along 0 line being 50 leel eosl 01 and parallel wilh the Wesl line of the Northeasl 1/4
of lhe Narlhwesl 1/4 01 aforesaid Section 28, lor 0 dislance of I,OJ3.27 feel 10 0 point on the North line 01 said
Seelion 28: thence N Ocr04'31"W along 0 line being 50 leet east of and parallel with alaresaid W091 line 01 lhe
Eost 1/2 01 the Soulhwest 1/4 of Seclion 21, lor 0 distance of 2.412,01 leet 10 lhe POINT or BEGINNING.
Port "A" Containing:
Port "B" Containing:
Ctt(CK(D 11"(:
Dwe
S,LN.:
-"'"
x.....~ :to .'.'() .):.....
",' ...... "/', '".
; ,,:O<',~ \ r I C'..:';/?'\
;:- ~'..'0' .,,>-....tJ "'.
Bearing~ indicated ore on on a:lsurncd. meridian bo,ed o~ lhe ~asl-Wes~ c:nlerll'1"ll~':8.i'lru.q,\J:Q I"": .~;
hip 28 Soulh, Range 16 East. Plnellas County, flOrida, being 1-1 R9 '} 3 1 f5'W.' :: ' '" \. ' . <:::: :
~ :;::;J '..'" . <.:;> .
ch nd/al Land o.crlpllon wa. proporod "ndor rny .uporvl.ion and I. lru.. ond :,1 ,,'l:":f :l T ^ 1 E C f .: ,'- ~
bo.l of n know edge and belicl. k --;. ~ ". \' : ,~<J .'
. .r . f.'l '\). (. .:
Counl Pub c Walks Operation.. ...... -(./.l."..?~, ~.,., r;:Y.j',
\ 1-3 0. 1/....,. I~O l^\\\) """
DATE _ ' ) "t"II",...~"""".f.
SURVEYOR CERTlflCAT NUMO R: 3914 SEAL
PHONE 462-3251
436,254 squoro leet or 10.02 acres more or less
104,943 square feel or
331,311 square feel or
2.41
7.61
acres more or less
ocre~ more or less
TOTAl PARCEL 48\ CONTAJNING:
BASIS OF BEARINGS:
CAlClJl.Al[D 11"(:
SCV /Hm
067
EXHIBIT A
SHEET 1 OF 2
--"--
Project: McMullen- Booth Rood
phose III Section B
Parcel No.: P481
As Public Rood right-ol-woyjFee Simple
PINELLAS COUNTY I~UOl1C WOI11<S OPERATIONS
LAND SURVEY DIVISION
22211 U.S. HIGf1NAY 1 9 N. !
CLEARWATER. FlIIRIDA 34625-2347
SECTlON(S) 21 &20. TOWNSIlIP 20 SOUTH. RAN E 16 EAST
Addition. or deletlonl by olhor lhon tho flrotaClolonol lend SUf'\loyor In raeponalb1o ChOf9o la prohlbltod.
Land D08criplion I. In'Yolld wilhoul aignolun and/ot .mbo.sod ..01 of the Prof.'5Ionol land Surveyor
NW COR NEI/4, "
"(I" SW 1/4 21-28-16 POINT OF COMMENCEMENT
OB A f N LJJE NE 1/4 CENTER
(5) N 89'23'18"W SW I 421-213-16/ 21-28-16
5) 1342.69 J' _/'l5
fQB "r ~~E
(5) NO. RADIUS DELTA ARC
39 11559.16 04'06'03" 827..34
40 33.00 22'09' ,n' 12.76
43 11359.16 0 \'21'52" 270.53
44 11559.16 02'35'51" 524.05
108 11581.16 00"38'57' 131.20
110 11359.16 01'54'34" 378.52
." I \
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I.
N LINE NW 1/4
SW 1/4 21-28-16
100
50
3=
-t . <0
'n .n
-. Or')
3= ,6 CON
CIlb N-
O
N W
::.:-z?;~
ta-'z
w-3:0
wl,U
Z ~ a:: .J
::;I)-U
--'
3= N ~
100'
0'
~.............................
DETAIL "A"
NTS
PART" A"
a::
W
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3=0
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0:;
a::
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u_
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0:;
II
15' :
1/4 ~
,....
III
~
~........................,.....
~
u
S LINE
5 LINE 21-28-16
E 26-26-16
N LINE 28-28-16
TABLE
TANGENT
413.85
6.46
, 1.35.27
262.07
65.60
189.28
CHORD BEARING
827.16 S 00'.37'21"E
12.68 N 6T06'48"W
270.52 N 0"59'26'W
524.00 N 0 r22'27'W
131.20 S 0\'45'09"W
378.52 S 01"43'06"E
TANGENT TABLE
NO. DISTANCE BEARING
I 50.00 N 89'23'18"W
2 17..37 N 89'.3I'23~W
3 240.21 N 01'29'20.E
4 403.12 N 02'40'2SW
5 50.00 S 89'2.3'I8'"E
6 230,02 5 00'04'.31"E
7 7.74 S 8T34'20'E
B 225.38 N 41'59'08'"E
9 78.09 S 48"00' 5.3" E
10 261.94 S 00'01'42"W
11 115.54 N 89'27'21"W
12 15.00 N 00'51'O.3"W
13 85,25 N 89'27'21.W'
14 6,54 N 00' 06' 30" W
15 29.82 5 89'24'18"W
16 40.00 5 00'39'40'E
17 15.00 N 89'14'll-E
18 22.00 5 88" .34'19"E
19 49.81 S OT04'.38"W
20 443.51 S 08'41'22"(
21 41,88 S 82'09'13"E
22 195.00 5 45'.37' 30.W
23 27.65 N 0)'04'l\"E
24 68.70 N 8T55'JI"W
25 403.12 S 02'40'2SE
~ INDICATES PARCEL P481
SKETCII--NOT A SURVEY
I
o
SCALE
I
500
I
1000
EXHIBIT A.
SHEET 2 OF 2
Project: McMullen-Booth Rood
Phose III Section 8
Parcel No,: P481
As Public Rood right "- aI-way If ee Simple
, ~
"
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AGREEMENT
THIS AGREEMENT made this
day of
, 1993,
by and between PINELLAS COUNTY, a political subdivision of the state
of Florida, hereinafter called the "County", and the CITY OF
CLEARWATER, a political subdivision of the state of Florida,
hereinafter called the "City".
WITNESSETH:
WHEREAS, the County intends to commence a highway construction
project designated as COUNTY ROAD 611 (MCMULLEN BOOTH ROAD) FROM 1/8
MILE NORTH OF COUNTY ROAD 576 (MAIN STREET) TO 1/8 MILE SOUTH OF
CURLEW ROAD (S.R. 586) (hereinafter called the "Project"); and
WHEREAS, the City has agreed to convey to the County certain
real property necessary to facilitate construction of the Project;
and
WHEREAS, in exchange for said property the County has agreed to
assume the costs associated with field adjustments of the City's Gas
mains (not to exceed $50, OOO), to eliminate conflicts with County
construction, and to perform and assume the full costs associated
with the design and relocation of City water and sanitary sewer
utilities (not to exceed $460,OOO) within the limits of the Project
and necessitated by construction of the Project, which costs
otherwise would have been the city's responsibility; and
1 ._~..
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WHEREAS, the County further agrees that in exchange for the
value of the property conveyed by the City, the County will, on a
schedule to be determined by the County, construct at no expense to
the City, any widening or other improvement to Hercules Avenue,
attributable to the development of the city property located at 1701
North Hercules Avenue, as shown on utility Permit #93-01780, and
which would otherwise be the responsibility of the City; and
WHEREAS,
k~'/;sr r
the
City,
by
Resolution
No.
93-08,
dated
1993, has authorized its officers to execute this
agreement on behalf of the City.
NOW THEREFORE, in consideration of the mutual covenants
hereinafter contained, it is agreed by the parties as follows:
1. Upon execution of this Agreement, the City shall deliver
to the County a Deed of Conveyance conveying fee simple title to
certain real property more particularly described in the attached
Exhibit "A".
2. The County shall perform at its own expense (not to exceed
$460,000) all design and construction work associated with the
relocation of those City water and sanitary sewer utility facilities
presently located within the Project limits as included in the plans
and specifications prepared by the County's consultant and approved
by the City, which plans and specifications are made a part hereof by
- 2 -
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reference, and assume the costs associated with field adjustments of
the City's Gas mains (not to exceed $50,000), to eliminate conflicts
wi th County construction. The City shall be responsible for any
relocation costs that occur as a result of any changes or additions
requested by the City that alter the intent and scope of the approved
plans and specifications.
3. The County shall be responsible for verifying the accuracy
of survey information relating to city-owned utilities and shall also
be responsible for any additional survey fees occasioned by changes
to the plans and specifications made necessary by errors and
omissions in the survey information.
4. The County shall be responsible for and the County shall
bear the expense of all engineering inspection, testing, and
monitoring of the relocation work.
5. Upon completion and acceptance of the work, the City shall
own, control, maintain and be responsible for all City utility
facilities involved according to the terms of the County's utility
permit. The City further agrees that it will maintain and keep in
repair or cause to be maintained and kept in repair, all such utility
facilities within the right of way of the County highway, and to
comply with all applicable provisions of law, and any other rules and
regulations pertaining thereto.
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6. The County will, on a schedule to be determined by the
County, construct at no expense to the City, any widening or other
improvement to Hercules Avenue, attributable to the development of
the City property located at 1701 North Hercules Avenue, as shown on
utility Permit #93-0178D, and which would otherwise be the
responsibility of the City.
7. Nothing herein shall be construed to create any third party
beneficiary rights in any person not a party to this agreement.
8. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal
dignity herewith.
9. This Agreement shall be governed, interpreted and construed
according to the laws of the state of Florida.
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10. If any part of this Agreement shall be determined to be
invalid or unenforceable by a court of competent jurisdiction, or by
any other legally constituted body having the jurisdiction to make
such determination, the remainder of this Agreement shall remain in
full force and effect provided that the part of this Agreement thus
invalidated or declared unenforceable is not material to the intended
operation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by their duly authorized officers, and their
official seals hereto affixed the day and year first above written.
PINELLAS COUNTY, FLORIDA
CITY OF CLEARWATER, FLORIDA
( SEAL)
. ~/ ~jp-,~-
~!iana~ DAT,',
By:
1/ ~,/73
DATE
ATTEST:
ATTEST:
Ci ty Clerk
APPROVED AS TO FORM AND CORRECTNESS:
g-,~-15
r., City Attorney DATE
- 5 -
AGREE611.WIS
7/29/93