93-22RESOLUTION NO. 93 -22
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
VACATING A 15 -FOOT UTILITY EASEMENT AND AUTHORIZING THE
EXECUTION OF A QUITCLAIM DEED CONVEYING TO ON TOP OF THE
WORLD, INC., SUCCESSOR BY MERGER TO JANET LAND
CORPORATION, THE PARCEL OF PROPERTY ENCUMBERED BY THE
EASEMENT, LOCATED NORTH OF MONTCLAIR ROAD AND WEST OF
BELCHER ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been requested by Sidney Colen and On Top of the World,
Inc., successor by merger to Janet Land Corporation, owners of certain real
property located in the City of Clearwater, that the City vacate the utility
easement described herein, which easement was conveyed to the City by Janet Land
Corporation by deed dated July 15, 1983; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the
general public that the same be vacated; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
15 -foot utility easement lying 7.5 feet either side of the following
described line:
Commence at the Northwest corner of Section 6, Township 29 South,
Range 16 East; thence run S 00 °36150" E, along the West boundary of
said Section 6, 1,016.66 feet; thence run N 89 °56'24" E, 319.08 feet
to the POINT OF BEGINNING; thence run due South 285.99 feet to the
North right -of -way line of Montclair Road, and the POINT OF ENDING.
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The appropriate city officials are authorized to execute a
quitclaim deed, a copy of which is attached hereto as Exhibit A, conveying the
parcel described in Section 1 to On Top of the World, Inc., successor by merger
to Janet Land Corporation.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this I5th _ day of April, 1993,
Attest:
,y
Cynt'ia E. Goucieau, vity Clerk -Rita Garvey, Mayor -Cam s loner
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this day of April, 1993, by the CITY
OF CLEARWATER, FLORIDA, a Florida municipa corporation, hereinafter the Grantor,
to ON TOP OF THE WORLD, INC., SUCCESSOR BY MERGER TO JANET LAND CORPORATION, a
Florida corporation, whose post office address is 5758 54th Avenue North, St.
Petersburg, Florida 33709, hereinafter the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
Instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of corporations.)
WITNESSETH: That the Grantor, in consideration of an application to vacate
a 15 -foot utility easement encumbering the property described herein, and having
vacated the easement upon a finding that the easement is not necessary for
municipal use, has remised, released and quitclaimed, and by these presents does
remise, release and quitclaim to the Grantee, all the right, title, interest,
claim and demand which the Grantor has in and to that certain land situate in
Pinellas County, Florida, legally described as follows:
Commence at the Northwest corner of Section 6, Township 29 South,
Range 16 East; thence run S 00 °36'50" E, along the West boundary of
said Section 6, 1,016.66 feet; thence run N 89 056124" E, 319.08 feet
to the POINT OF BEGINNING; thence run due South 285.99 feet to the
North right -of -way line of Montclair Road, and the POINT OF ENDING.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate,
right, title, interest and claim whatsoever of the Grantor, either in law or
equity, to the only proper use, benefit and behoof of the Grantee forever.
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,
Countersigned:
Rita Garvey, Mayor-Commissioner
er
Witnesses:
Print name
Print name
CITY OF CLEARWATER, FLORIDA
By. Michael J. Wright, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
This instrument was
M. A. Galbraith, Jr.
City Attorney
P. 0. Box 4748
Clearwater, Florida
1sXI31BIT A
prepared by
34618
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor- Commissioner of the above -
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this day of
1993.
Print Type Name:
Notary Public ,
STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-
named city, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this day of
1993.
Print Type Name:
Notary Public
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
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Note -.This is not a survey.
NOT TO SCALE
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VAC NO.' 93 -01 /
SECT.: 6-29-16
DATE : 3/4/93
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' INST ## 93- 123533
APR 30, 1993 5:55PM
PINELLAS COUNTY FLA.
RESOLUTION N0. 93 -22 OFF.REC.BK 8257 PG 79
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
VACATING A 15 -FOOT UTILITY EASEMENT AND AUTHORIZING THE
EXECUTION OF A QUITCLAIM DEED CONVEYING TO ON TOP OF THE
WORLD, INC., SUCCESSOR BY MERGER TO JANET LAND
CORPORATION, THE PARCEL OF PROPERTY ENCUMBERED BY THE
EASEMENT, LOCATED NORTH OF MONTCLAIR ROAD AND WEST OF
BELCHER ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been requested by Sidney Colen and On Top of the World,
Inc., successor by merger to Janet Land Corporation, owners of certain real
property located in the City of Clearwater, that the City vacate the utility
easement described herein, which easement was conveyed to the City by Janet Land
Corporation by deed dated July 15, 1983; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the
general public that the same be vacated; now, therefore,
i t
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
15 -foot utility easement lying 7.5 feet either side of the following
described line:
- Commence at the Northwest corner of Section 6, Township 29 South,
----- -' Range 16 East; thence run S 00 °36'50" E, along the West boundary of
`- said Section 6, 1,016.66 feet; thence run N 89 °56124" E, 319.08 feet
to the POINT OF BEGINNING; thence run due South 285.99 feet to the
North right -of -way line of Montclair Road, and the POINT OF ENDING.
u> is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The appropriate city officials are authorized to execute a
quitclaim deed, a copy of which is attached hereto as Exhibit A, conveying the
parcel described in Section 1 to On Top of the World, Inc., successor by merger
to Janet Land Corporation.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 15th day of April, 1993.
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QUITCLAIM DEED
PINELLAS COUNTY FLA.
OFF.REC.SK 8257 PG 80
THIS QUITCLAIM DEED, made this day of April, 1993, by the CITY
OF CLEARWATER, FLORIDA, a Florida municipal corporation, hereinafter the Grantor,
to ON TOP OF THE WORLD, INC., SUCCESSOR BY MERGER TO JANET LAND CORPORATION, a
Florida corporation, whose post office address is 5758 54th Avenue North, St.
Petersburg, Florida 33709, hereinafter the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of corporations.)
WITNESSETH: That the Grantor, in consideration of an application to vacate
a 15 -foot utility easement encumbering the property described herein, and having
vacated the easement upon a finding that the easement is not necessary for
municipal use, has remised, released and quitclaimed, and by these presents does
remise, release and quitclaim to the Grantee, all the right, title, interest,
claim and demand which the Grantor has in and to that certain land situate in
Pinellas County, Florida, legally described as follows:
Commence at the Northwest corner of Section 6, Township 29 South,
Range 16 East; thence run S 00 °36150" E, along the West boundary of
said Section 6, 1,016.66 feet; thence run N 89 056124" E, 319.08 feet
to the POINT OF BEGINNING; thence run due South 285.99 feet to the
North right -of -way line of Montclair Road, and the POINT OF ENDING.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate,
right, title, interest and claim whatsoever of the Grantor, either in law or
equity, to the only proper use, benefit and behoof of the Grantee forever.
. 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.
Countersigned:
Rita Garvey, Mayor- Commisslo —'-ner
Witnesses:
Print name
Print name
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright, City Manager
Attest
Cynthia E. Goudeau, City Clerk
This instrument was prepared by
M. A. Galbraith, Jr.
City Attorney
P. 0. Box 4748
Clearwater, Florida 34618
A�
v
A
PINELLAS COUNTY FLA.
OFF.REC.BK 8257 PG 81
STATE OF FLORIDA
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor - Commissioner of the above -
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this day of
1993.
Print Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above -
named city, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this day of
1993.
Print Type Name:
Notary Public
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
0.3 ' '�;
PINELLAS COUNTY FLA.
OFF.REC.BK 8253 PG 82
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DATE: 3!4/93