94-77INST # 94- 297229
OCT 26, 1994 5:03PM
RESOLUTION 94 - 77
PINELLAS COUNTY FLA.
OFF.REC.BK 8823 PG 825
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
DECLARING A PARCEL OF CITY -OWNED PROPERTY AS
SURPLUS TO CITY NEEDS FOR THE PURPOSES OF
CONVEYING FEE SIMPLE TITLE TO FLORIDA POWER
CORPORATION IN EXCHANGE FOR A PERPETUAL WELL SITE
11 RECOR ING EASEMENT TO BE GRANTED WITHIN TWELVE MONTHS
ACCT THEREAFTER IN THE HIGGINS- DISSTON RIGHT -OF -WAY;
REC Z�;T AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE
FE THE DEED OF CONVEYANCE; PROVIDING AN EFFECTIVE
MTF DATE.
PTG WHEREAS, the City owns a certain parcel of real property
PAC containing approximately 1157 square feet, commonly known as Well
Doc Site #47 located on the south side of Gulf -To -Bay Boulevard, being
INT legally described as in Section 2 hereof, and depicted in the
TOTAL r, lr7) sketch attached hereto as Exhibit "All; and
WHEREAS, Florida Power owns the Higgins - Disston transmission
tower right -of -way abutting the easterly boundary of the City -owned
Well Site #47; and
WHEREAS, the City has agreed to convey to Florida Power
Corporation fee simple interest in Well Site #47; and
WHEREAS, Florida Power Corporation has agreed that within
twelve months of conveyance of Well Site #47 it will provide to the
City, over, under and across a location to be identified by the
City and acceptable to the City, a perpetual easement for
installation, operation and maintenance of a well site within the
boundaries of the Higgins - Disston right -of -way; and
WHEREAS, Section 2.01(d)(4) of the City Charter authorizes
the conveyance of surplus City property, without competitive
bidding, and for less than the appraised value; and
WHEREAS, the foregoing premises have been duly considered by
the City Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The conveyance by Fee Simple deed to Florida Power
Corporation of Well Site #47, as more particularly described in
Section 2 below, in exchange for a future perpetual easement for
the purposes of constructing, operating and maintaining a well site
within the Florida Power Higgins - Disston right -of -way, 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
deed of conveyance in the form attached hereto as Exhibit "B",
conveying the fee simple rights, title and interest of the City in
and to the real property described therein in consideration of the
RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, rL 34618.4748
I? 1"1177
PINEL .S COUNTY FLA,
OFF.REC.BK 8823 PC 826
SUM of $10.00 and other good and valuable consideration including,
but not limited to, the benefits to be obtained from the future
perpetual easement to be granted the City by Florida Power
Corporation.
Section 2. The City -owned land to be conveyed to Florida
Power Corporation by deed authorized to be executed by the
appropriate City officials upon adoption of this resolution is more
particularly described as follows:
A portion of the NW4 of the NW4 of the NE4 of the
SE4 of Section 18, Township 29 South, Range 16
East, that lies South of the South right -of -way
line of Gulf -To -Bay Boulevard (State Road No. 60)
and West of the West right -of -way line of Florida
Power Corporation's existing Higgins- Disston 120 KV
Steel Tower Transmission Line, being further
described as follows:
From the Northwest corner of the NE4 of the SE4 of
Section 18, Township 29 South, Range 16 East, run
South 01 001128" West along the West boundary of
the NE4 of the SE4, 50 feet to a point on the
South right -of -way boundary for Gulf -To -Bay
Boulevard (SRD No. 60); thence South 89 041118"
East along said South right -of -way boundary, 11.2
feet to the POINT OF BEGINNING; thence continue
South 89 °41'18" East along said South right -of-
way - boundary, 17.8 feet to a point that is North
89 041118" West, 50.68 feet from the center line of
Florida Power Corporation's existing Higgins -
Disston 120 KV Transmission Line; thence South
01 001128" West, 65.0 feet to a point that is North
89 °41118" West 50.45 feet from the center line of
said transmission line; thence North 89 041118"
West, 17.8 feet to a point that is South 89 041118"
East, 11.2 feet from the West boundary of the
NE4 of the SE4 of said Section 18; thence North
01 001128" East parallel to said West boundary 65.0
feet to the POINT OF BEGINNING.
Containing 1147 square feet, more or less.
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 20th
Attest:
4hCYia E. Goudeau, City "Clerk
T hereby certify that this b a true and
correct co; 1 f tha or Final as it
appeao in tilt; files of �x 04 of
Gfi.trwaim i;dtanv my hand and
offiI*W�� ial seal of the City, of t1euuatet.
Th
day of Octd er , 1994.
Rita Garvey, Mayor ommissioner
s
PINELLAS COUNTY FLA.
OFF.REC.BK 8823 PG 827
EXHIBIT "A"
A PORTION OF THE NWh OF THE NW4 OF THE NEB OF THE SE4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE
16 EAST, THAT LIES SOUTH OF THE RIGHT -OF -WAY LINE OF GULF -TO -BAY BOULEVARD (STATE ROAD NO.
60) AND WEST OF THE WEST RIGHT -OF -WAY LINE OF FLORIDA POWER CORPORATION'S EXISTING HIGGINS-
DISSTON 120KV STEEL TOWER TRANSMISSION LINE, BEING FURTHER DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF THE NEh OF THE SE4 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 16
EST, RUN SOUTH 01 °01'28" WEST ALONG THE WEST BOUNDARY OF THE NE4 OF THE SE4, 50 FEET TO A
POINT ON THE SOUTH RIGHT -OF -WAY BOUNDARY FOR GULF -TO -BAY BOULEVARD (SRD NO. 60) ; THENCE SOUTH
89 °41'18" EAST ALONG SAID SOUTH RIGHT -OF -WAY BOUNDARY, 11.2 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89 °41'18" EAST ALONG SAID SOUTH RIGHT -OF -WAY BOUNDARY, 17.8 FEET TO A
POINT THAT IS NORTH 89 °41'18" WEST, 50.68 FEET FROM THE CENTER LINE OF FLORIDA POWER
CORPORATION'S EXISTING HIGGINS- DISSTON 120KV TRANSMISSION LINE; THENCE SOUTH 01 °01'28" WEST,
65.0 FEET TO A POINT THAT IS NORTH 89 °41'18" WEST 50.45 FEET FROM THE CENTER LINE OF SAID
TRANSMISSION LINE; THENCE NORTH 89 °41'18" WEST, 17.8 FEET TO A POINT THAT IS SOUTH 89 °41'18"
EAST, 11.2 FEET FROM THE WEST BOUNDARY OF THE NEh OF THE SE4 OF SAID SECTION 18; THENCE NORTH
01 °01'28" EAST PARALLEL TO SAID WEST BOUNDARY 65.0 FEET TO THE POINT OF BEGINNING.
CONTAINING 1147 SQUARE FEET, MORE OR LESS.
NW COR OFN r40FSE4 • + -, :,; ('.'�; ;..
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GULF -TO -BAY BLVD. — lVBORCOFNE440 s !4
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PINELLAS COUNTY FLA.
OFF- REC.BK 8823 PG 828
CITY OF CLEARWATER, FLORIDA
DEED OF CONVEYANCE
Made this day of October, A.D. 1994 by the
CITY OF CLEARWATER, FLORIDA,
a Municipal Corporation of the State of Florida
hereinafter called the Grantor, to
FLORIDA POWER CORPORATION,
a Public Utilities Corporation of the State of Florida
whose Post Office address is: Real Estate Department, P. O Box
14042, St. Petersburg, Florida 33733, hereinafter called the
Grantee:
0VI uud herein the Icon 'e,ndur' eud 'Ci.inca —W& +11 0. rylue+lu Ni+ u1.U.rtnnrt.11d urc 1 —I . IqA tcpinnN+li.c+ and .u,�nr of uulindude,
.W We .0 —.—+ad of cn,)iu,.h..u)
Witnesseth, that the grantor, for and in consideration of $10.00
and other valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain
parcel of real property situate in Pinellas County, Florida, viz:
A portion of the NW; of the NW; of the SE; of Section
18, Township 29 South, Range 16 East, that lies South
of the South right -of -way line of Gulf -To -Bay Boulevard
(State Road No. 60) and west of the west right -of -way
line of Florida Power Corporation's existing Higgins -
Disston 120 KV Steel Tower Transmission Line, being
further described as follows:
From the Northwest corner of the NE; of the SE; of
Section 18, Township 29 South, Range 16 East, run South
01 °01'28') West along the West boundary of the NE, of the
SE;, So feet to a point on the South right -of -tray
boundary for Gulf -To -Bay Boulevard (SRD No. 60); thence
South 89 °41118" East along said South right -of -way
boundary, 11.2 feet to the POINT OF BEGINNING; thence
continue South 89 °41118" East along said South right -of-
way boundary, 17.8 feet to a point that is North
89 °41118" West, 50.68 feet front the center line of
Florida Power Corporation's existing Higgins- Disston 120
KV Transmission Line; thence South 01 001'28" West, 65.0
feet to a point that is North 89 °41'18" West, 50.45 feet
from the center line of said transmission line; thence
north 6.9 °41118" West, 17.8 feet to a point that is South
89 041118" East, 11.2 feet from the West boundary of the
NE; of the SE, of said Section 18; thence north 91 °011281'
East parallel to said West boundary, 65.0 feet to the
POINT OF BEGINNING.
Containing 1147 square feet, more or less.
Together with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
To ]lave and to Hold, the some in tee simple forever.
Subject to easements and restrictions of record.
per ma-,
PIN. AS COUNTY FLA.
OFF.REC.BK 8823 PG 829
And the grantor hereby covenants with said grantee that the grantor
is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that
the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances.
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: CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey Elizabeth M. Deptula
Mayor- Commissioner City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor- Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
1994. WITNESS my hand and official seal this day of October,
Notary Public
Print /type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
.BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
1994. WITNESS my hand and official seal this day of October,
Notary Public
Print /type name :_
Approved as to form and legal sufficiency:
�,L � _
Pamela K. Akin, City Attorney
71-79
!ii r I
RESOLUTION 94 - 77
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
DECLARING A PARCEL OF CITY -OWNED PROPERTY AS
SURPLUS TO CITY NEEDS FOR THE PURPOSES OF
CONVEYING FEE SIMPLE TITLE TO FLORIDA POWER
CORPORATION IN EXCHANGE FOR A PERPETUAL WELL SITE
EASEMENT TO BE GRANTED WITHIN TWELVE MONTHS
THEREAFTER IN THE HIGGINS- DISSTON RIGHT -OF -WAY;
AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE
THE DEED OF CONVEYANCE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City owns a certain parcel of real property
containing approximately 1157 square feet, commonly known as Well
Site #47 located on the south side of Gulf -To -Bay Boulevard, being
legally described as in Section 2 hereof, and depicted in the
sketch attached hereto as Exhibit "A"; and
WHEREAS, Florida Power owns the Higgins - Disston transmission
tower right -of -way abutting the easterly boundary of the City -owned
Well Site #47; and
WHEREAS, the City has agreed to convey to Florida Power
Corporation fee simple interest in Well Site #47; and
WHEREAS, Florida Power Corporation has agreed that within
twelve months of conveyance of Well Site #47 it will provide to the
City, over, under and across a location to be identified by the
City and acceptable to the City, a perpetual easement for
installation, operation and maintenance of a well site within the
boundaries of the Higgins - Disston right -of -way; and
WHEREAS, Section 2.01(d) (4) of the City Charter authorizes
the conveyance of surplus City property, without competitive
bidding, and for less than the appraised value; and
WHEREAS, the foregoing premises have been duly considered by
the City Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The conveyance by Fee Simple deed to Florida Power
Corporation of Well Site #47, as more particularly described in
Section 2 below, in exchange for a future perpetual easement for
the purposes of constructing, operating and maintaining a well site
within the Florida Power Higgins- Disston right -of -way, 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
deed of conveyance in the form attached hereto as Exhibit "B ",
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 $10.00 and other good and valuable consideration including,
but not limited to, the benefits to be obtained from the future
perpetual easement to be granted the City by Florida Power
Corporation.
Section 2. The City -owned land to be conveyed to Florida
Power Corporation by deed authorized to be executed by the
appropriate City officials upon adoption of this resolution is more
particularly described as follows:
A portion of the NW4 of the NW4 of the NE4 of the
SE4 of Section 18, Township 29 South, Range 16
East, that lies South of the South right -of -way
line of Gulf -To -Bay Boulevard (State Road No. 60)
and West of the West right -of -way line of Florida
Power Corporation's existing Higgins - Disston 120 KV
Steel Tower Transmission Line, being further
described as follows:
From the Northwest corner of the NE4 of the SE4 of
Section 18, Township 29 South, Range 16 East, run
South 01 001128" West along the West boundary of
the NE4 of the SE4, 50 feet to a point on the
South right -of -way boundary for Gulf -To -Say
Boulevard (SRD No. 60); thence South 89041118"
East along said South right -of -way boundary, 11.2
feet to the POINT OF BEGINNING; thence continue
South 89 041118" East along said South right -of-
way boundary, 17.8 feet to a point that is North
89 041118" West, 50.68 feet from the center line of
Florida Power Corporation's existing Higgins -
Disston 120 KV Transmission Line; thence South
01 001128" West, 65.0 feet to a point that is North
89 041118" West 50.45 feet from the center line of
said transmission line; thence North 89 041118"
West, 17.8 feet to a point that is South 89 041118"
East, 11.2 feet from the West boundary of the
NE4 of the SE4 of said Section 18; thence North
01 001128" East parallel to said West boundary 65.0
feet to the POINT OF BEGINNING.
Containing 1147 square feet, more or less.
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 20th_ day of Octo er , 1994.
Attest: t
Cyr hia E. Goudeau, City Clerk
9o;77
EXHIBIT "A"
A PORTION OF THE NWh OF THE NW4 OF THE NE% OF THE SE4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE
16 EAST, THAT LIES SOUTH OF THE RIGHT —OF —WAY LINE OF GULF —TO —BAY BOULEVARD (STATE ROAD NO.
60) AND WEST OF THE WEST RIGHT —OF —WAY LINE OF FLORIDA POWER CORPORATION'S EXISTING HIGGINS-
DISSTON 120KV STEEL TOWER TRANSMISSION LINE, BEING FURTHER DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF THE NE's OF THE SE4 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 16
EST, RUN SOUTH 01 °01'28+' WEST ALONG THE WEST BOUNDARY OF THE NE4 OF THE SE4, 50 FEET TO A
POINT ON THE SOUTH RIGHT -OF —WAY BOUNDARY FOR GULF —TO —BAY BOULEVARD (SRD NO. 60); THENCE SOUTH
89041'18" EAST ALONG SAID SOUTH RIGHT —OF —WAY BOUNDARY, 11.2 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89 °41'18+' EAST ALONG SAID SOUTH RIGHT —OF —WAY BOUNDARY, 17.8 FEET TO A
POINT THAT IS NORTH 89 °41'18" WEST, 50.68 FEET FROM THE CENTER LINE OF FLORIDA POWER
CORPORATION'S EXISTING HIGGINS— DISSTON 120KV TRANSMISSION LINE; THENCE SOUTH 01 °01128" WEST,
65.0 FEET TO A POINT THAT IS NORTH 89 °41'18" WEST 50.45 FEET FROM THE CENTER LINE OF SAID
TRANSMISSION LINE; THENCE NORTH 89 °41118" WEST, 17.8 FEET TO A POINT THAT IS SOUTH 89 041118"
EAST, 11.2 FEET FROM THE WEST BOUNDARY OF THE NE% OF THE SE4 OF SAID SECTION 18; THENCE NORTH
01 °01'28" EAST PARALLEL TO SAID WEST BOUNDARY 65.0 FEET TO THE POINT OF BEGINNING.
CONTAINING 1147 SQUARE FEET, MORE OR LESS.
NWf:OR.OFN /4OF SE p
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qq °77
CITY OF CLEARWATER, FLORIDA
DEED OF CONVEYANCE
Made this day of October, A.D. 1994 by the
CITY OF CLEARWATER, FLORIDA,
a Municipal Corporation of the State of Florida
hereinafter called the Grantor, to
FLORIDA POWER CORPORATION,
a Public Utilities Corporation of the State of Florida
whose Post Office address is: Real Estate Department, P. O Box
14042, St. Petersburg, Florida 33733, hereinafter called the
Grantee:
(VA- v-r —d 1-141 the un1 'e+w+llr' unJ'eranmc u+cludc xlt A+- P--i a 4 W s.siena of Individwlx,
and +hc w-a.w" and mien- 1f wgwmii —)
Witnesseth, that the grantor, for and in consideration of $10.00
and other valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain
parcel of real property situate in Pinellas County, Florida, viz:
A portion of the NW; of the NW; of the SE; of Section
18, Township 29 South, Range 16 East, that lies South
of the South right -of -way line of Gulf -To -Bay Boulevard
(State Road No. 60) and west of the west right -of -way
line of Florida Power Corporation's existing Higgins-
Disston 120 KV Steel Tower Transmission Line, being
further described as follows:
From the Northwest corner of the NE, of the SE' of
Section 18, Township 29 South, Range 16 East, run South
01101'28" West along the West boundary of the NE4 of the
SE;, So feet to a point on the South right -of -Way
boundary for Gulf -To -Bay Boulevard (SRD No. 601; thence
South 89 °41118" East along said South right -of -way
boundary, 11.2 feet to the POINT OF BEGINNING; thence
continue South 89 °41'18" East along said South right -of-
way boundary, 17.8 feet to a point that is North
89 °41118" West, 50.68 feet from the center line of
Florida Power Corporation's existing Higgins - Disston 120
KV Transmission Line; thence South 01 °01128" West, 65.0
feet to a point that is North 89041'18" West, 50.45 feet
from the center line of said transmission line; thence
north 89 141'18" West, 17,8 feet to a point that is South
89041018" East, 11.2 feet from the West boundary of the
NE; of the SE; of said Section 18; thence north 01001128"
East parallel to said West boundary, 65.0 feet to the
PO1J;T OF BEGINNING.
Containing 1147 square feet, more or less.
Together with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
To Have and to hold, the same in fee simple forever,
subject to easements and restrictions of record.
k j�b '%
t 4-
And the grantor hereby covenants with said grantee that the grantor
is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that
the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances.
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
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Attest:
Cynthia E. GoUdeau, City Clerk
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor - Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of October,
1994.
Notary Public
Print /type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS j
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of October,
1994.
Notary Public
Print/type name: _
Approved as to form and legal sufficiency:
Pamela K. Akin, City Attorney
,
W -77