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93-48RESOLUTION NO. 93 -48 A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA, DECLARING A PARCEL OF CITY -OWNED REAL PROPERTY AS SURPLUS TO CITY NEEDS FOR THE PURPOSES OF CONVEYING FEE SIMPLE INTEREST TO THE FLORIDA DEPART14ENT OF TRANSPORTATION REGARDING ITS STATE ROAD 580 HIGHWAY PROJECT EXTENDING FROM EAST OF COUNTRYSIDE BOULEVARD TO KENDALE DRIVE; AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE THE PURCHASE CONTRACT AND DEED; PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida, Department of Transportation (herein the "DOT ") , proposes to construct or improve State Road No. 580 in Pinellas County, Florida, and WHEREAS, City -owned land, described more particularly herein, is required to meet storm drainage requirements of the proposed improvement project, and WHEREAS, Section 2.02(d) (4) of the City Charter authorizes the conveyance of surplus City property to another governmental entity without referendum approval, without competitive bidding, and for less than the appraised value; and WHEREAS, the DOT has offered to purchase the additional land required to meet storm drainage requirements, and the purchase agreement has been duly considered by the City Commission; now, therefore, BE ITS RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The purchase agreement between the DOT and the City for purchase of City -owned land adjoining State Road 580, is found and declared to be for a valid public purpose and is approved, and the property described herein is declared surplus to the needs of the City. The appropriate City officials are authorized to execute the purchase agreement in the form attached hereto as Exhibit "A ", and an appropriate Deed of Conveyance conveying the fee simple rights, title and interest of the City in and to the real property described therein in consideration of the sum of $55,100.00 and other good and valuable consideration including, but not limited to, the benefits to be obtained from the highway improvements. M .�_, ,� __..... -� � . _•__ �_:.�, .��. - _�:�..�..._F ..rte., 4. ...,._.�...._.�..� _ ... Section 2. The agreement authorized to be executed by the appropriate City officials upon adoption of this resolution is summarized as follows: DOT EXHIBIT PARCEL NO. CITY'S INTEREST INTEREST GRANTED TO DOT A 103 -C Fee Simple Fee Simple Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 5th day of August , 1993. Attest: ,�Cyn is E. Goudeau, City erk Rita Garvey, Mayor- mmissioner � - tIff ell-, STATE OF FLORIDA DETARIT TNT OF TRANSPORTATION mRM 575.070.07 PURCIiASE AGREEMENT P./w- 10191 Page 1 of 2 W.P.I. NO.: 7116956 FAP NO.: F -212 -1 (22 ) COUNTY: Pinell.as STATE ROAD NO.: 58 THIS AGREEMENT is made by and between: CITY OF CLEARWATER hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of Transportation, hereinafter referred to as PURCHASER. WITNESSETI I For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following properly or interest therein, upon the following terms and conditions: 1. DESCRIPTION 103 —C (a) Real estate or interest therein, identified as parcel and shown on Right of Way Maps for section 15070 -2525 incorporated herein by reference. [X] Fee Simple ( ] Permanent Easement (Section III.(b) does not apply) [ ] Temporary Construction Easement (Sections IIL(b), III(c) and III(d) do not apply) (b) Personal property identified as follows: N/A II. PURCHASE PRICE 55, 100. 00 (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. $ (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession. $ 55,100.00 (c) Itemized purchase price, fees and costs Land and Improvements $ 55, 100.00 Damages (Severance /Cost -to -Cure) $ Business Damages $ Attorney Fees $ Appraiser Fees $ Other $ (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ 55,100.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency acceptance as required by Section 1 19.07, Florida Statutes. Final agency acceptance shall denote final approval of the purchase price and all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing. [ ] SELLER agrees that all current taxes for tha year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pity his and/or her share of said prorated taxes as of the date of closing. [ ] SELLER agrees to pay all tuxes for the current year. [XI NvL aI>I,1 icablrr. OTIiAECYCLE6 EXIIIBIT A PAPER 622.215 11 /9 -7/ p FORM 575•030-07 R(W • 10191 Page 2 of 2 (c) SELLER is responsible for delivering unencumbered titlo to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in Section II. (d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent cares in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to Section 337.27, Florida Statutes. (t) Other: None IV. CLOSING DATE This transaction shall be closed and the instrument of conveyance delivered within 60 days of the date of final agency acceptance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There [ ] is [x] is not an addendum to this agreement. VI. IN WITNESS WIIEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s). SELLER: CITY OF CLEARWATER, FLORIDA 13y: rLicliael J. Wright, City Manager t7A9'E COUNTERSIGNED: Rita Garvey, Mayor- Commissioner DATE ATTEST: Cynthia E. Goudea, City Clerk DATE Approved as to form and c01-1-crtuuss: M. A. Galbraith, Jr., City Attorney DATE VII. FINAL AGENCY ACCEPTANCE PURCHASER: STATE OF FLORIDA DEPARTMENT OF TRANSPO TATI BY: // .� j hIARY E. AREND Name (Please Print) DISTRICT ACQUISITION ADPIINISTRATOR DATE: JULY 20, 1993 IN WITNESS WHEREOF, the District Right of Way Administrator has caused these presents to be accepted this day of 1 19 [ J District Right of Way Administrator [ J District Production Director [ J District Secretary 622.215 1:3 0 �\`. mcuutwj E 000111 .CW.LLUI 000114 RO.N -11AP-0 R.O.W. UIIE qg., i a