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92-29RESOLUTION NO. 92 -29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING ITS STATE ROAD 580 HIGHWAY PROJECT EXTENDING FROM EAST OF COUNTRYSIDE BOULEVARD TO KENDALE DRIVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (the "Department ") intends to commence a highway construction project for the improvement of State Road 580, designated as State Project Numbers 15070 -3524 and 15070 -3525, which project extends from east of Countryside Boulevard to West of McMullen Booth Road, and from west of McMullen Booth Road to Kendale Drive (the "Project "); and WHEREAS, the City agrees to convey to the Department certain real property necessary to facilitate construction of the Project, and in exchange for said property the Department agrees to perform and assume the costs associated with all utility relocation within the limits of the Project and necessitated by construction of the Project, which costs otherwise would have been the City's responsibility; and WHEREAS, because construction of the Project also will encroach upon a certain existing effluent pond owned by the City and currently under lease to the PGA Tour Family Golf Center, the Department additionally has agreed to reconstruct said pond to recapture any lost volumetric capacity; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The agreement between the Florida Department of Transportation and the City of Clearwater regarding the Department's Project Numbers 15070 -3524 and 15070 -3525, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor, City Manager, and City Clerk are authorized to execute the agreement on behalf of the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2d day of April , 1992. Attest: Cynt i dean Rita Garvey City lerk Mayor - Commissioner AWL AGREEMENT THIS AGREEMENT made this day of , 1992, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "Department ", and the CITY OF CLEARWATER, a political subdivision of the State of Florida, hereinafter called the "City ". WITNESSETH. WHEREAS, the Department intends to commence a highway construction project designated as State Project Numbers 15070 -3524 and 15070 -3525 extending from East of Countryside Boulevard to West of McMullen Booth Road and from west of McMullen -Booth Road to Kendale Drive, respectively (hereinafter called the "Project "); and WHEREAS, the City has agreed to convey to the Department certain real property necessary to facilitate construction of the Project; and WHEREAS, 'in exchange for said property the Department has agreed to perform and assume the costs associated with all utility relocation within the limits of the Project and necessitated by construction of the Project, which costs otherwise would have been the City's responsibility; and WHEREAS, because construction of the Project also will encroach upon a certain existing effluent pond owned by the City and currently under lease to the PGA Tour Family Golf Center, the Department additionally has agreed to reconstruct said pond to recapture any lost volumetric capacity; and WHEREAS, the City, by Resolution No. , dated I EXI11BIT A a part hereof, 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 Department a General Warranty Deed conveying fee simple title to certain real property more particularly described in the attached Exhibit "A ". 2. The Department shall perform at its own expense all design and construction work associated with the relocation of those City utility facilities presently located within the Project limits as included in the plans and specifications prepared by the Department's consultant and approved by the City, which plans and specifications are made a part hereof by reference. It also is specifically understood and agreed that 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 City 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 City shall be responsible for and the Department shall bear the expense of all engineering inspection, testing, and °/1 J—/ monitoring of the relocation work. In connection therewith, the City shall provide the Department's engineer with progress reports for diary records and approved quantities and amounts for weekly, monthly and final estimates. All field survey control for the relocation work shall be furnished by the City at the expense of the Department and under the supervision of the Department's engineer. Upon completion of the engineering inspection, testing, surveying and monitoring the City shall at the earliest date practicable, and in no event later than one hundred eighty (180) days following the date of completion of the relocation work, furnish the Department with two (2) copies of its final and complete billing of all costs incurred in connection with the engineering inspection, testing, surveying and monitoring. Adequate reference shall be made in the billing to city records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the Department. In the event the City fails to submit proper billing within the 180 day period, the Department may, at its discretion, audit the City's cost records and accounts and determine the reimbursable amount. The City hereby waives any right of appeal or protest of such amount as determined by audit. 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 Department'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 3 Aft- Mk such utility facilities within the right of way of the state highway, and to comply with all applicable provisions of law, and any other rules and regulations pertaining thereto. 6. The Department also shall perform all the surveying, geotechnical work, permitting and construction associated with the effluent pond owned by the City and reconstruction of an existing leased to the PGA Tour Family Golf Center in order to bring the pond's volumetric capacity to an equal or greater capacity than had existed prior to construction of the Project. The capacity prior to construction shall be based upon the pond's design high water elevation and information depicted in drawings entitled "Site Improvement Plans, PGA Tour Family Golf Center ", which drawings are The Department shall also made a part hereof by reference. construct an earthen berm which shall function to physically separate the waters of the effluent pond and those of the osed storm water attenuation pond. In order to Department's P ro P - facilitate these remedial construction activities, the City agrees to grant the Department a temporary construction easement as described in attached Exhibit "B ", allowing the Department ingress and egress to the PGA Tour Family Golf Center site. 7. The City covenants and agrees that should the Department allow the City to place out of service rather than remove the utility facilities presently in existence, the City agrees that it retains all ownership responsibility and will, to the extent permitted by law, defend and hold harmless the Department and all of the Department's officers, agents and employees from any claim, loss damage, costs, charge or d c1,;2 . expense which may arise as a result of the placing out of service the utility facilities including, but not limited to causes arising out of any future removal of the said utility facilities by the City or any entity other than the City. The city also agrees to adhere to all applicable Federal, state and local laws, regulations or authorities. 8. The city covenants and agrees that it shall, to the extent permitted by law, defend, save and hold harmless the Department and all of the Department's officers, agents and employees from any and all legal actions, claims or demands by any person or legal entity against the Department arising out of the participation in this Agreement by the City or use by the City of the completed "Utility Work ". 9. The provisions of section 339.135 (7)(a), Florida Statutes are made a part of this contract and provide that: (7) EXECUTION OF THE BUDGET. -- (A) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal yeay. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall required a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid 5 for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term of a period of more than 1 year. 10. Nothing herein shall be construed to create any third party beneficiary rights in any person not a party to this agreement. 11. 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 c contained in a written document executed with the same formality and of equal dignity herewith. 12. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 13. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or f 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 6 ell�;2.P.q .i E2 El 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. STATE OF FLORIDA CITY OF CLEARWATER, FLORIDA DEPARTMENT OF TRANSPORTATION By: ( SEAL) By: (SEAL) Attest: ATTEST: 7 EXIIIBIT "A" PARCEL INFORMATION SECTION 15070 -2525 SECTION 15070 -2524 PARCEL 103 PARCEL 100, 800, 144 LEGAL DESCRIPTIONS ATTACHED. PARCEL INFORMATION SHEET SECTION 15070 -2524 STATE ROAD 580 PINELLAS COUNTY DESCRIPTION PARCEL 100 RIGHT OF WAY A portion of the SW 114 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida. Being described as follows: Commence at a 4" x 4" concrete monument with bronze disc marking the Southeast corner of -the Southwest 1/4, of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida; thence North 00'04'58" East along the East line of the Southwest 1/4 of said Section 29, a distance of 2632.52 feet to the POINT OF BEGINNING, said point of beginning bearing South 00'04'58" West, a distance of 57.45 feet from the Northeast corner of the Southwest 1/4 of said Section 29; thence run South 89'29'32" West, a distance of 200.03 feet to a point on the existing right of way line of State Road 580, as shown on the Florida Department of Transportation Right Of Way map, Section Number 15070 -2519; thence North 00'21'45" West, along said right of way line a distance of 8.06 feet to a point of intersection on the right of way .line of State Road 580 as shown on said Florida Department of Transportation Right Of Way mep; thence North 89'40 21' East along the existing right of way line of State Road 580, wes a distance of 200.08 feet to a point on the East line of the Southwest 1)4 of said Section 29; thence South 00 °04'58" West along the East line of the Southwest 1/4 of said Section 29, a distance of 7.43 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1,549 square feet, more or less. Legal Description Approved by Data'-�� NOT A DEED - FOR INFORMATION PURPOSES ONLY ' BASED UPON TITLE SEARCH DATED: 02/06/89 UPDATE 02/12/91 OWNED BY: .1 (CITY D 6 CITY RES) CITY OF CLEARWATER SUBJECT TO: N/A PACE 1 PARCEL 100 : 1 t. 1. • t' t 1 ' 1 1 / PARCEL INFORMATION SHEET SECTION 15070-2524 STATE ROAD 580 PINELLAS COUNTY DESCRIPTION PARCEL 800 DRAINAGE EASEMENT A portion of the SW 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida. Being described as follows: Commence at a 411 x 411 concrete monument with bronze disc marking the Southeast corner of the Southwest 1/4, of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida; thence North 00 00415811 East along the East line of the Southwest 1/4 of said Section 29, a distance of 2632.52 feet; thence South 89 °2913211 West, 5.89 feet to the POINT OF BEGINNING; thence continue South 89 °2913211 West 10.06 feet; thence South 00 *30128t1 East 10.00 feet; thence North 89 °29'3211 East - 10.00 feet; thence North 00 °3012811 West 10.00 feet to the POINT OF BEGINNING. Containing 100 square feet, more or less. -� Legal Description Approved By: ` Date: % /iA/ NOT A DEED - FOR INFORMATION PURPOSES ONLY BASED UPON TITLE SEARCH DATED: 02/06/89 UPDATE 02/12/91 GRANTOR: N/A OWNED BY: .1 (CI DRAIN) CITY OF CLEARWATER SUBJECT TO: N/A PARCEL 800 PAGE 1 1 .mot Parcel 103.1A RIGHT -OF -WAY art of: the Northwest 1/4 of Section 28, That p q of the A portion of the Northeast 1/4 °a portion of tRangeu16eEast, Pinellas Township 28 South, Range 16 East, 28 South, 1/q of Section 21, Township described as follows: t'cularly Southwest more par i County, Florida. Being marking the Northeast corner of Range nge 3.6tEast, Township 28 South, the East Commence at a nail and cap Section 28, 17'52" West along thence South 00° 4 of said Section 28, a 1/4 of the No thence the Pinellas county, 4 of the Northwest 1/ disc marking a nail with a brass q of said line of the Northwest 335.74 feet to of the Northwes the /Centerline distance corner of the Northwest 1/4 Southeast 11 264.28 feet along 3e I feet to Section 28; thence North 45-38'50 thenceallorth 44 °21'10 West, o£ State Road 580; right-Of line of said State Road of survey Northerly 44 °21'1010 West, a point on the existing thence continue North described in corner of a right'-of -way 580 and the POINT OF BEGINNING; line °£ 17,00 feet to the Northeasterly the Northerly ecords Book 4101, Page 179 of the Public Records of Pinellas as 01 West along Page 179, a Official R thence North 67 OS 34 right-Of County, Florida, Official Records B Easterly rig said right -of -way described in the point on the exis00 17'52,1 East along distance of 111.43 feet to a p North thence line of McMullen Booth Road; thence N right of =way line of McMullen Booth Road o 38; West 27-65 feet Easterly thence South 03 04 2 a radius of 33.00 ,� 68.70 feet; having of South South 87 °5522 East, 5 �e a chord bearing to a point on a curve concave Northeaster y a central angle of 22 °19' a the arc of said curve 12.86 feet. feet; Easterly along thence South 44 °21'10" East, 66 °48'36" East; East, East, 1185.09 feet; feet to the point of Nor 45038'50t1 East, 353.12 thence North 45038150 East; gg,Op feet; thence N have a radius of 824.94 fe8 oq'44 ", a chord bearing of North 52 °1112" oint curvature of a Curve concave easterly,, curve 188.31 feet to a p a central angle of 13 the a radius of along having thence Northeasterly 1/ chord bearing of North angle of 68 °28'47 and a of reverse eurvctentraZ£ a curve concave the arc of said curveeet'4thence 23.00 feet, a along 24 °2911Cj11 East; thence Northerly 09 04521311 West, 86,09 point of tangency; POI on a curve concave Easter o9 45 ", and a chord to a p ° , 59,1 East, 47.11 feet to a p of 10 North 89 47 0o feet, a central angle along the are o£ said having a radius of 278. �� thence Southerly a curve concave bearing o£ South 05 °16'Sointa Of compound curvature of entral angle 31 feet to a p o f 23.00 feet, thence Southerly curve 49• having a radius 2 Northeasterly Of South 28 °12' 3oints on a curve Concave 35 °41'02 ". and a chord bearing 32 feet t a central angle of 27°06'a711, the arc of said curve id. slung the along having a radius of 839.94 36, et' thence Easterly Southerly of North 77° a'point East; thence South EaStf the and a chord bearing Of said curve 397.35 feet to 11 659.84 feet to a p are thence South 89 °19' 8 Villas as recorded in Plat the thence 332.07 feat' the plat of country Florida; West line of of Pinellas County, Pages 2ne of the Public Records Y Parcel 103.1A Continued: South 00012118" East along the West line of the said plat of Country Villas, 40.01 feet to a point on the said Northerly right -of -way line of State Road 580; thence along said Northerly right -of -way the following courses and distances; North 89 °19'18" West, 195.70 feet; thence South 00026113" West, 17.02 feet; thence North 89 °19918" West, 1069.08 feet to a point on a curve concave Southeasterly having a radius of 1158.48 feet, a central angle of 03027 0451' and a chord bearing of South 62039137" West; thence Southwesterly along the arc of said curve 70.01 feet to a point on the South line of said southwest 1/4 of the Southeast 1/4 of Section 21; thence North 8901921811 West along said South line 11.34 feet to the Northeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 28; thence South 00026115" West along the East line of said Northeast 1/4 of the Northwest 1/4 a distance of 6.55 feet to said Northerly right of way line of State Road 580; said right of way line being a curve concave Southeasterly having a radius of 1158.48 feet, a central angle of 14038 006" and a chord bearing of South 5205715401 West; thence southwesterly along the arc of said curve 295.91 feet to a point of tangency; thence South 4503815001 West, 1332.60 feet to the POINT OF BEGINNING. Less existing Rights -of -way. Containing 4.00 acres, more or less. rr ';� . 2,' PARCEL INFORi!ATIOH SHEET SECTION 15070 -2525 STATE ROAD 580 PINELLAS COUNTY DESCRIPTION PARCEL 103 RIGHT OF WAY A portico of the Northeast 1/4 of the Northwest 114 of Section 28, Township 28 South, Range 16 East, a portion of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Being more particularly described as follows: Commence at a nail and cap marking the Northeast corner of the Nort est 114 of the Northeeat 1/4 in Section 28, Township 28 South, Range 1 East, Pinellas County, Florida; thence South 00'17'52" West along the " at line of the Northwest 114 of the Northwest 1/4 of said Section 28, a istance of 1335.74 feet to a nail with a brass disc marking the South st corner of the Northwest 1/4 of the Northwest 1/4 of said Section 28• thence North 45'38150" East, 264.28 feet along the centerline of survey State Road 580; thence North 44'21'10" Nest, 33.00 feet to a point o the existing Northerly right of way line of said State Road 580 and t POINT OF BEGINNING; thence continue North 44'21'10" West, 17.00 et to the Northeasterly corner of a right of way described in 0 icial Records Book 4101, Page 179 of the Public Records of Pinellas Cou y, Florida; thence North 67'05'34" West along the Northerly line of as right of way described in Official Records Book 4101, Page 179, a distance of 111.43 feet to a point on the existing Easterly right o way line of McHullen Booth Road;'thence North 00 °17'52' East along c Easterly right of way line of, McMullen Booth Road 38.66 feet; thence outh 87'55'22" East, 68.70 feet; thence South 03'04'20" West 27.65 feet o s point on a curve concave Northeasterly having a radius of 33.00 feet, a central angle of 22'19'58 ", and a chord bearing of South 66'48'36" Eas thence Easterly along the arc of said curve 12.86 feet, thence South 1 01'25" West, 5.00 feet to a point on a curve concave Northeasterly ing a radius of 38.00 feet. a central angle of 56'22'35" and a chord earing of North 73'50'07" East; thence Easterly along the arc of said urve 37.39 feet; thence North 45'38'50 "' East, 167.71 feet; thence rch 44'21'10" West, 19.75 feet; thence North 45'38'50" East, 989.89 eec; thence South 44'21'10" East, 39.00 feet; thence North 45'38'50" art, 153.12 feet to the point of curvature of a curve concave Sou easterly, having a radius of 824.94 feet, a central angle of 13'04' ", a chord bearing of North 52 °11'12" East; thence Northeasterly al g the are of said curve 188.31 feet to a point of reverse curvature o a curve concave Northwesterly, having a radius of 23.00 feet, a cen al angle of 68'28'47" and a chord hearing of North 24'29'10" East; the a Northerly along the arc of said curve 27.49 feet to a point of range y; thence North 09'45'13" West, 86.09 feet; thence North 89'47'59" at, 47.11 feet to a point on a curve concave Easterly having a rad s of 278.00 feet, a central angle of 10'09'45 ", and a chord bearing of S th 05'16'59" East; thence Southerly along the are of said curve 49.31 f t to a point of compound curvature of a curve concave Northeasterly hav g a radius of 23.00 feet, a central angle of 3541'02 ", and a chord ben ng of South 28'12'23" East; thence Southerly along the are of said cu a 14.32 feet to a point on a curve concave Southerly having a rad a of 839.94 fact, a central angle of 27'06'17 ", and a chord bearing of rch 77'07'36" East; thence Easterly along the arc of said curve 397 feet to a point; thence South 86'43'58" East, 332.09 feet; thence S th 89'19'18" East, 659.71 feet to a point on the vest line of the P of Country Villas as recorded in Plat Book 77, Pages 21 -23 of the Publi Records of Pinellas County, Florida; thence South 00'17'03" East aIon the West line of the said plat of Country Villas, 40.01 feet to a po on the said Northerly right of way line of State Read 580; thence a ng said Northerly right of way the following courses and distances; rth 89'19118" West, 195.60 feet; thence South 00'26'13" West, 17.03 eet; thence North 89'19118" West, 1069.12 feet to a point on a curve concave Southeasterly having a radius of 1158.48 feet, a central angel of. PARCEL 103 PACE 1 d WATER STORAGE AREA PARCEL 103.1B A portion of the Northeast 114 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East, and portioniof the Southwest 1/4 of Section 21,,Township 28 South,. 8 e l Being more particularly described as follows; Commence at a nail and cap marking the Northeast corner of the Northwest 1/4 of the Northwest 1/4 in Section 28, Township 28 South, Range 16 East, Pinellas County. Florida; thence South 00 °17'52" West along the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 28, a distance of 1335.74 feet to a nail with a brass disc marking the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 28; thence North 45'38150" Est, centerline f survey of tona point North state Road the existing Northerly right of way line of State Road 580 and the POINT OF BEGINNING; thence North 44 °21'10" West, 145.00 feet; thence North 45 °38'50" East, 496.62 feet; thence South 00 °09123" East, 120.22 feet; thence South 09 °45'13" East, 86.09 feec,to a point on a curve concave Northwesterly having a radius of 23.00 feet, a central angle of 68 °28'47" and a chord beating of South 24 °29'10" West; thence Southerly along the arc of said curve 27.49 feet to the Point of Reverse Curvature of a curve concave Southeasterly having a radius of 824.94 feet, a central angle of 13 °04'44 ", and a chord bearing of South 52 °11'12" West; thence Southwesterly along the arc of said curve 188.31 feet; thence South 45 °38'50" West, 153.12 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1.472 acres, more or less. p Legal Description Approved by Date oZ1 NOT A DEED - FOR INFORMATION PURPOSES ONLY BASED UPON TITLE SEARCH DATED: 11/28/88 UPDATE 02/03/91 GRANTOR: OWNED BY: .1 (CITY fi CITY RES) CITY OF CLEARWATER' A MUNICIPAL CORPORATION SUBJECT TO: N/A i Legal Description Approved by 25(\ Date _�j-23 -OJO tUY NOT A DEED - FOR INFORMATION PURPOSES ONLY BASED UP014 TITLE SEARCH DATED: 01/04/89 UPDATF. 02/17/91 GRANTOR: OWNED BY: .1 (CITY D b CITY R) CITY OF CLEARWATER SUBJECT TO: N/A PARCEL 144 PACE 1 PARCEL INFORMATION SHEET SECTION 15070 -2524 STATE ROAD 580 PINELLAS COUNTY DESCRIPTION PARCEL 144 RIGHT OF WAY A portion of the Southwest 1/4, of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East, Pinellas County, Florida. Being more particularly described as follows: Commence at a 1/2" Iron Rod marking the Northwest corner of the Southwest 1/4, of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East, Pinellas County, Florida;•thence South 00'10'22" West along the West line of the Northwest 1/4 of said Section 28, a distance of 1199.85 feet to the POINT OF BEGINNING; thence continue South 00'10'22" Went along the West line of the Northwest 1/4 of said Section 28, a distance of 28.43 feet to :• a point on the existing Northerly right of way line of State Road 580, said point also being a point on a curve concave Northerly having a radius of 417.46 feet, a central angle of 08'06131 ", and a chord bearing of North 58'03148" East; thence Northeasterly along the arc of said curve and said Northerly right of way line, 59.08 feet; thence North 00.10'22" East, 24.21 feet to a point on a curve concave Northerly, having a radius 7,02.95 feet, a central angle of 04'38'20 ", and a chord bearing of South 61'39'50" ' West; thence Southwesterly along the arc of said curve, 56.91 feet to the' POINT OF BEGINNING. Less existing rights of way. Containing 1335 square feet more or less. Legal Description Approved by 25(\ Date _�j-23 -OJO tUY NOT A DEED - FOR INFORMATION PURPOSES ONLY BASED UP014 TITLE SEARCH DATED: 01/04/89 UPDATF. 02/17/91 GRANTOR: OWNED BY: .1 (CITY D b CITY R) CITY OF CLEARWATER SUBJECT TO: N/A PARCEL 144 PACE 1 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT That part of the Southwest 1/4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida; Being more particularly described as follows: Commence at a nail and cap marking the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of said Section 21, Township 28 South, Range 16 East, same also being the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 28 South, Range 16 East, Pinellas County, Florida; thence South 00 017152" West along the West line of said Northeast 1/4 of the Northwest 1/4 a distance of 1335.74 feet to a nail with a brass disc marking the Southwest corner •of said Northeast 1/4 of the Northwest 1/4 and a point on the centerline of survey of State Road 580; thence North 45038150" East along said centerline of survey 1465.33 feet; thence North 44021110" West, 206.00 feet; thence North 45 038150" East, 254.68 feet to the POINT OF BEGINNING; thence continue North 45 038150" East, 241.•94 feet; thence North 50 055158 11 West, 9.92 feet; thence South 89 047139" West, 321.31 feet; thence South 00 012121" East, 151.19 feet; thence South 81 034106" East, 157.16 feet to the said POINT OF BEGINNING.