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CARL AND HELGA STIG (2) I I .' CONTRACT FOR FILLING SUBMERGED LAND IN EXCHANGE FOR RIGHT OF WAY 9th day of April, 1962, THIS CONTRACT entered into this between CARL STIG and HELGA STIG, his wife, hereinafter called the Owners, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called the City; WITNESSETH: The parties hereto agree, in consideration of One Dollar and other good and valuable considerations herein expressed, as follows: 1. The Owners will convey to the City the South 25 feet of that certain tract of land described as follows: Beginning 20 chains West of the Southeast corner of Government Lot 4, Section 9, Township 29 South, Range 15 East, and run West to Clearwater Bay; begin again at a point 20 chains West of the Southeast corner of Government Lot 4, Section 9 aforesaid, and run North 3. 17 chains; thence West to Clearwater Bay; thence in a Southwesterly direction along Clearwater Bay to inter- section of first line above described which line lies West of Osceola Street, being all that portion of the above described tract which lies to the West of Osceola Street in the City of Clearwater, Florida, and also the South 25 feet of the following described property: From Southeast corner of Section 9, Township 29 South, Range 15 East, run West along Section line 32 chains to average high water line of Clearwater Bay; thence continue West 600 feet to channel in Clearwater Bay; thence North 30 West 210.3 feet along East side of channel; thence East parallel to South line of Section 9, 600 feet to average high water line; thence South 30 East along average high water line 210.3 feet to point of beginning; containing 2.89 acres, more or less, and lying and being in Township 29 South, Range 15 East, City of Clearwater, County of Pinellas, State of Florida. 2. The Owners agree to pay to the City the sum of Ten Thousand Dollars ($10,000.00) in cash upon execution of the contracts for dredging and filling after securing permits. 3. The Owners understand that all trees and shrubbery presently located on the 25 foot strip above described passes with title to the land and may be removed to appropriate parks of the City, if found desirable. -1- ;? J 7(:0-//; I 1 ", '...- ." 4. The City agrees to promptly commence, and as rapidly as reasonably possible bring to a conclusion, the extension of Drew Street from Osceola Avenue West on the lands to be conveyed by the Owners, adjacent and contiguous to their remaining lands, at no further cost to the Owners by assessment or otherwise. 5. The City will promptly commence the bulkheading of lands owned by the City to the South of the conveyed property and the filling thereof of said bulkheading to follow the bulkhead line fixed by the County Water and Navigation Control Authority, extending the same North along the said bulkhead line to the North line of the property of the Owners which includes the following described property: Description of Area to be Filled: From the South- east corner of Section 9, Township 29 South, Range 15 East, run thence N 89034142" W, 1,946.99 feet along the South line of said Section 9 to the Point of Beginning; continue thence N 89034142" W, 498.55 feet to the Bulkhead Line in Clearwater Harbor; thence N 21032' 08" E, 58. 36 feet along said Bulkhead Line; thence along a curve to the left, radius = 560 feet, a chord bearing and distance of N 30010' 07" E, 293.45 feet along said Bulkhead Line to the extension of the South Line of Jones Street; thence S 89034'42" E, 330, 39 feet along said extension of the South line of Jones Street to a point 225.00 feet West of the Westerly R/W Line of Osceola Avenue; thence S 0008'23" W, 309.22 feet along a line 225.00 feet West of and parallel to the Westerly R/W line of Osceola Avenue to the Point of Beginning. Description of Area to be Dredged: From the Southeast corner of Section 9, Township 29 South, Range 15 East, run thence N 89034142" W, 2,445.54 feet along the South line of Section 9 to the Bulkhead Line in Clearwater Harbor for the Point of Beginning; thence N 21032108" E, 58.36 feet along said Bulkhead Line; thence along a curve to the left, radius = 560 feet, a chord bearing and distance of N 30010' 07" E, 293,45 feet along said Bulkhead Line to the extension of the South R/W Line of Jones Street; thence N 89034'42 W, 737.59 feet along the said extension of the South R/W Line of Jones Street to a point on the widener between the Westerly R/W Lines of Cuts "P-35" and "P-36" of the Intracoastal Waterway Canal; thence S 15025141" W, 320. 14 feet along said widener to the South Line of said Section 9 extended; thence S 89034142" E, 653.87 feet along the South Line of said Section 9 extended to the Point of Beginning. -2- I I thence East along the North line of said tract in accordance with the plans and specifications prepared by the City Engineer. 6. The City agrees to construct a sea wall for the Owners, which sea wall shall be of the same type and of the same material as used by the City in bulkheading City property to the South thereof and as shall be specified by the City Engineer in construction of the City sea wall. 7. The City agrees to fill the designated area to a plus 6 foot elevation using first fill material available on submerged lands of the Owners as shown on the attached plat, and thereafter from sources available to the City, it being estimated that it will require approximately 28, 000 cubic yards to complete the said fill. 8. The City will furnish all necessary engineering work and obtain the necessary permits from the Corps of Engineers, all at no cost to the Owners, but with the full cooperation of the Owners. 9. The City will obtain bids for the dredge and fill operation and will proceed as rapidly as possible with the filling of its own property and that of the Owners. 10. It is further understood that the City will be permitted to obtain as much fill material as is available from the submerged lands of the Owners, as well as property owned by the City, as may be needed for City purposes, provided the Owners' fill has been completed. 11. It is further agreed between the parties that in the event the City shall fail to complete the construction of the contemplated street, sea wall and fill, as herein set forth, within a period of eighteen (18) months, then the Owners may complete the same at the expense of the City. 12. It is understood that in the construction/of Drew Street no sewers are contemplated and therefore, no assessment or otherwise to -3- I I the Owners. However, if any sewage lines are desired by the Owners, it may only be secured by paying the costs thereof. rn WITNESS WHEREOF, said Owners have hereunto set their hands and seals and said City has caused these presents to be executed in its name by its City Manager, City Clerk, countersigned by its Mayor- Comnrissioner, 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. Signed, sealed and delivered in the presence of: OWNERS t .~~. As to er s ' CITY OF CLEAR WATER, FLORIDA Signed, sealed and delivered in the presence of: Attest: ~~~, .~ City C erk ',,' Approved as to form and correctness: y~~ City At orney CITY -4- '!. , l ","" I 1 ! , , ",.'~' rr---'--'" II I,!/J, \\ I ( lJ iil J?l ,I ::::J '" -. ~u d ". II --"--. 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