CLEARWATER MALL INCORPORATED (2)
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AGREEMENT
THIS AGREEMENT made and entered into this / .Fd' day of
/)b~~ A. D. 1974, by and between CITY OF CLEARWATER,
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FLORIDA, a municipal corporation, hereinafter referred to as I'City", and
CLEARWATER MALL, INC., a Florida corporation, hereinafter referred to
as 'IMall1';
WITNESSETH:
WHEREAS, the City of Clearwater owns the following described
property situate, lying and being in Pinellas County, Florida, to wit:
Begin at the NW corner of the NE 1/4 of the SW 1/4 of
Section 17, Township 29 South, Range 16 East, and run
thence N 89046'0111 E along the East-West centerline of
said Section 17, 415.0 feet; thence S 0021'26" W, 50.0 feet
to the South right-of-way line of S. R. 60 (Gulf to Bay Blvd. );
thence continue S 0021'2611 W, 469.02 feet for the P. O. B.;
run thence N 8900215911 E, 192.98 feet; thence run S 690
41'36'1 W, 206.24 feet; thence run N 0021'26" E, 70.79 feet
to the P. O. B. ; containing 6,830. 15 square feet or O. 16
acres more or less; and
WHEREAS, the Mall owns the following described property situate,
lying and being in Pinellas County, Florida, to wit:
Begin at the NW corner of the NE 1/4 of the SW 1/4 of
Section 17, Township 29 South, Range 16 East and run
thence N 89046'01" E along the East-West centerline of
Section 17, 796.80 feet; thence run S 0021'26'1 W, 50.0
feet to the NW corner of Lot 2 of Resub. of Baskins Replat
as recorded in Plat Book 24, page 42 of the Public Records
of Pinellas County, Florida; thence run S 0013'59" E, 398.23
feet for the P. O. B.; thence continue S 0013'59" E, 70.79 feet;
thence run S 89002159" W, 192. 98 feet; thence run N 69041' 36" E,
206. 14 feet to the P. O. B. ; containing 6,830. 15 square feet
or O. 16 acres more or less; and
WHEREAS, the City desires to trade its parcel for the parcel owned
by the Mall in order to square the rear of the parcel upon which Fire Station
No. 5 is located which will make the City property more usable by the Fire
Department for their proposed training area; and
WHEREAS, the Mall is agreeable to such a trade and proposes to
provide in addition thereto certain drainage pipe and the costs involved in
such a transaction;
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NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, and other valuable considerations passing between
the parties hereto, the parties hereto mutually agree as follows:
1. The City agrees to convey by fee simple deed, free and clear
of all encumbrances, the parcel now owned by it, described above, to the
Mall.
2. The Mall agrees to convey by warranty deed, free and clear
of all encumbrances, the parcel now owned by it, described above, to the
City.
3. The Mall shall pay all taxes on the two parcels which may be due
and shall pay the cost of documentary tax stamps on both deeds of conveyance
and shall pay the cost of recording both deeds.
4. The Mall further agrees to provide at its cost the drainage pipe
to pipe that portion of the drainage ditch within the property being traded to
the City. The City shall perform the work required to install the pipe either
with its own crews or will contract for such installation if its equipment is too
small to handle the pipe.
5. Possession will be given on each parcel on the date of closing which,
subject to the provisions of this agreement, shall be on or before sixty days
from the date of this agreement.
6. The Mall agrees, at its expense, to furnish Committments for
Title Insurance from a reputable title company authorized to do busines s in
Florida, on both parcels of real property, within fifteen (15) days after execution
of this agreement and, thereafter to pay for both Owner's Title Policies in
the face amount of $9,900.00
for each parcel. In the event said Commitments
for Title Insurance indicate~that the title to both of said parcels of property
are merchantable and free and clear of liens and encumbrances except as herein
otherwise provided, this transaction shall be thereafter completed as herein
provided. In the event either Commitment shall indicate otherwise, such party
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shall have a period of sixty (60) days after notification thereof
within which to cure defects in title and this transaction shall
be closed within ten (10) days after notice of such curing to the
other party.
7. Time is of the essence of this agreement and all covenants
and agreements herein contained shall extend to and be obligatory
upon the heirs, personal representatives, successors and assigns
of the respective parties.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed the day and year first above written.
Approved as to fo &
~7:aA~-
City Attorney
By
CITY
WITNESSES:
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!!dt; c~
As to Ci~
CLEARWATER MALL, INC.
~j." -~~~
President
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As to Mall
~;;;J~~
Secretary
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I Agenda No. /3
A) M~EM'.ORAN DU rfI TO: - I
The City Commission of the City of Clearwater
su BJ ECT: Swap of Land at Fire Station #5
RECOMMENDATION: That the City swap O. 16 acres of land triangular in shape and
shown as # 1 on the attached map for a triangular shaped piece of land O. 16 acres in
size shown as #2 on the attached map.
SAC K G RO UN D: The attached diagram shows the south portion of the land owned by
the City at Fire Station #5 site. The south boundary of the property follows a natural
drainage ditch that is approximately 10 to 15 feet wide. The City desires to make the
above swap of land to square the back of its property. This will also make the south
portion of the City property much more usable by the Fire Department for their pro-
posed training area. The Blackburn Brothers own the triangular shaped piece of land
shown as #2 on the attached map and they have agreed, in addition to the proposed swap,
to provide at their cost the drainage pipe to pipe that portion of the drainage ditch within
the. property being swapped to the City.
The value of pipe alone is approximately $8476. City crews w()uld perform the work re-
quired to install the pipe. The piping of the ditch further enhances the value of the
property in that it enlarges the usable area of the property. The Blackburns will also
bear the co st of tax stamps, recording of deeds and title insurance involved.
Chief Pitts and Max Battle, City Engineer, concur in this recommendation.
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NOT ES: If City equipment is too small to handle the pipe it will be
necessary to contract for equipment of proper size to install the pipe.
Advertised:
Dote:
Paper:
l( Not Required
Submitted by:
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r 1!1.(/ i) J J
City Manager
~Affected
Parties
Notified
of Meeting
o Not Required
Costs:
None Anticipated
Source:
Appropriation
Code:
Follow Up Action:
o City Manager
o City Attorney
o City Clerk
o City Mona<;ler Fi Ie
o Other
Commission Disposition:
o Approved
o Received as Information
o Other (Describe)
Dote of Di sposition:
AN
Expenditure Auth.
o OperatingBud<;let
Cl Capitol Improve-
ment Budget
o Special Com-
mission Action
Ref.
a Requested
,btAttachments:
Diagram
o None
Date Submitted
a Sequentia I
Reference
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