GOOD GOAT LLCTHIS INSTRUMENT DRAFTED BY
AND RETURN TO:
Robert Brzak
Engineering Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Property Appraiser's Parcel No's:
17-29-16-00000-130-0900
17-29-16-34650-000-0340
SPECIAL WARRANTY DEED
AND RESERVATION OF
EASEMENTS AGREEMENT
THIS SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENTS
AGREEMENT is made and entered into as of this ) day of , 2020, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of
Florida, ("Grantor") whose mailing address is P.O. BOX 4748, Clearwater, Florida 33758-4748,
party of the first part or City of Clearwater, to and in favor of GOOD GOAT, LLC, a Florida
limited liability company, ("Grantee") whose mailing address is 620 Drew Street, Clearwater,
Florida 33755, party of the second part.
WITNESSETH, that the party of the first part, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, to it in hand paid by said party of the
second part, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold, released, conveyed and confirmed unto the party of the second part, and to its successors and
assigns forever, all of the following piece, parcel, lot or tract of land, situate, lying and being in
the County of Pinellas and State of Florida, and described more particularly as follows, to wit:
Real Property Parcel ID No's: 17-29-16-00000-130-0900 and 17-29-16-34650-000-
0340, legally described in Exhibit A, attached hereto, and made a part hereof, (herein,
the "Property")
Subject, however, to all covenants, restrictions, and public utility easements of record, if
any, and taxes and assessments accruing for the year 2021 and all subsequent years, except nothing
herein operates to reimpose same.
[GM19-1313-133/263098/1] 1
TOGETHER WITH all and singular the tenements, hereditaments, rights, privileges, and
appurtenances thereunto belonging or appertaining, and every right, title or interest, legal or
equitable, of the said party of the first part in and to the same, however, subject to the reservations
and restrictions herein.
The party of the first part hereby covenants with the party of the second part that the party
of the first part is lawfully seized of the Property in fee simple; that party of the first part has good
right and lawful authority to sell and convey the Property, and hereby warrants the title to the
Property and defend the same against the claims of all persons arising by, through or under the
party of the first part, but against none other.
AND PROVIDED HOWEVER, that Grantor hereby reserves unto the City of Clearwater,
Florida, the following described perpetual non-exclusive easements, each of which easements: (i)
are intended to be, and shall be, construed as covenants running with the Property; (ii) shall include
and reserve all incidental rights reasonably necessary for the use and enjoyment of such easements
for their respective intended purposes; (iii) shall be exercised in compliance with all laws and
permit approvals, codes and requirements of all applicable governmental authorities; and (iv) shall
be for the benefit and use of Grantor, and Grantor's successors, assigns, licensees, invitees,
permitees, employees, representatives, contractors, subcontractors, materialmen, consultants, and
other agents of any party described above.
A. Drainage and Utility Easement legally described in Exhibit B-1 (the "Easement
Premises"):
Grantor hereby reserves a Drainage and Utility Easement over, under, on, upon,
through and across the Easement Premises. Grantor shall have the right to enter upon
the above-described premises and construct, reconstruct, install and maintain therein
any and all utilities and drainage facilities, together with appurtenances thereto
(collectively, "Facilities"), and to inspect and alter such Facilities from time to time.
Grantor shall be solely responsible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein. The Grantor covenants and
agrees with Grantee that it shall promptly restore the Easement Premises and any
affected areas surrounding the Easement Premises upon completion of any work
activities undertaken in the exercise of these rights to at least the same quality of
condition that existed as of the date Grantor first exercised any of its rights hereunder,
and on each and every succeeding occasion thereafter. Grantor further represents and
warrants that it shall diligently pursue the completion of all work activities in a timely
manner. In the event Grantee, its successors or assigns, should ever determine it
necessary to relocate Grantor's Facilities constructed within the Easement Premises to
facilitate further development or redevelopment of the property encumbered hereby;
then Grantee, its successors or assigns, in consultation with and upon approval of
Grantor, shall provide an alternate easement for the Facilities constructed within the
Easement Premises, and shall at Grantee's sole cost and expense reconstruct the
Facilities within the alternate easement. Upon completion of the Facilities relocation,
Grantor shall cause this easement to be vacated and evidence of vacation duly recorded
in the public records of Pinellas County, Florida.
[GM 19-1313-133/263098/1 ] 2
B. Ingress/Egress, Drainage and Utility Easement legally described in Exhibit B-2 (the
"Easement Premises"):
Grantor hereby reserves an Ingress/Egress, Drainage and Utility Easement over, under,
on, upon, through and across the Easement Premises for purposes of pedestrian and
vehicular ingress, egress, access and passage, including, without limitation, large,
heavy vehicles and equipment to service and maintain Grantor's Facilities as described
below. Further, Grantor shall have the right to enter upon the above-described premises
and construct, reconstruct, install and maintain therein any and all utilities and drainage
facilities, together with appurtenances thereto (collectively, "Facilities"), and to inspect
and alter such Facilities from time to time. Grantee shall be solely responsible for
obtaining all governmental and regulatory permits required to exercise the rights
granted herein. The Grantor covenants and agrees with Grantee that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement
Premises upon completion of any work activities undertaken in the exercise of these
rights to at least the same quality of condition that existed as of the date Grantor first
exercised any of its rights hereunder, and on each and every succeeding occasion
thereafter. Grantor further represents and warrants that it shall diligently pursue the
completion of all work activities in a timely manner. In the event Grantee, its
successors or assigns, should ever determine it necessary to relocate Grantor's
Facilities constructed within the Easement Premises to facilitate further development
or redevelopment of the property encumbered hereby; then Grantee, its successors or
assigns, in consultation with and upon approval of Grantor, shall provide an alternate
easement for the Facilities constructed within the Easement Premises, and shall at
Grantee's sole cost and expense reconstruct the Facilities within the alternate easement.
Upon completion of the Facilities relocation, Grantor shall cause this easement to be
vacated and evidence of vacation duly recorded in the public records of Pinellas
County, Florida.
C. Utility Easement legally described in Exhibit B-3 (the "Easement Premises"):
Grantor hereby reserves a Utility Easement over, under, on, upon, through and across
the Easement Premises. Grantor shall have the right to enter upon the above-described
premises and construct, reconstruct, install and maintain therein any and all utilities
facilities, together with appurtenances thereto (collectively, "Facilities"), and to inspect
and alter such Facilities from time to time. Grantor shall be solely responsible for
obtaining all governmental and regulatory permits required to exercise the rights
granted herein. The Grantor covenants and agrees with Grantee that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement
Premises upon completion of any work activities undertaken in the exercise of these
rights to at least the same quality of condition that existed as of the date Grantor first
exercised any of its rights hereunder, and on each and every succeeding occasion
thereafter. Grantor further represents and warrants that it shall diligently pursue the
completion of all work activities in a timely manner. In the event Grantee, its
successors or assigns, should ever determine it necessary to relocate Grantor's
Facilities constructed within the Easement Premises to facilitate further development
or redevelopment of the property encumbered hereby; then Grantee, its successors or
[GM 19-1313-133/263098/1 ] 3
assigns, in consultation with and upon approval of Grantor, shall provide an alternate
easement for the Facilities constructed within the Easement Premises, and shall at
Grantee's sole cost and expense reconstruct the Facilities within the alternate easement.
Upon completion of the Facilities relocation, Grantor shall cause this easement to be
vacated and evidence of vacation duly recorded in the public records of Pinellas
County, Florida.
D. Drainage and Utility Easement legally described in Exhibit B-4 (the "Easement
Premises"):
Grantor hereby reserves a Drainage and Utility Easement over, under, on, upon,
through and across the Easement Premises. Grantor shall have the right to enter upon
the above-described premises and construct, reconstruct, install and maintain therein
any and all utilities and drainage facilities, together with appurtenances thereto
(collectively, "Facilities"), and to inspect and alter such Facilities from time to time.
Grantor shall be solely responsible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein. The Grantor covenants and
agrees with Grantee that it shall promptly restore the Easement Premises and any
affected areas surrounding the Easement Premises upon completion of any work
activities undertaken in the exercise of these rights to at least the same quality of
condition that existed as of the date Grantor first exercised any of its rights hereunder,
and on each and every succeeding occasion thereafter. Grantor further represents and
warrants that it shall diligently pursue the completion of all work activities in a timely
manner. In the event Grantee, its successors or assigns, should ever determine it
necessary to relocate Grantor's Facilities constructed within the Easement Premises to
facilitate further development or redevelopment of the property encumbered hereby;
then Grantee, its successors or assigns, in consultation with and upon approval of
Grantor, shall provide an alternate easement for the Facilities constructed within the
Easement Premises, and shall at Grantee's sole cost and expense reconstruct the
Facilities within the alternate easement. Upon completion of the Facilities relocation,
Grantor shall cause this easement to be vacated and evidence of vacation duly recorded
in the public records of Pinellas County, Florida.
E. Right-of-way Easement legally described in Exhibit B-5 (the "Easement Premises"):
Grantor hereby reserves a Right-of-way Easement over, under, on, upon, through and
across the Easement Premises for use as a public right-of-way, for the benefit of the
general public. Grantor shall have the right to enter upon the above-described premises
and construct, reconstruct, install and maintain therein public roadway, sidewalk,
curbing and utility facilities, together with appurtenances thereto (collectively,
"Facilities") and to inspect and alter such Facilities from time to time, and to utilize the
Easement Premises for any and all purposes of a public right-of-way as determined by
Grantor in its sole discretion as the authority having jurisdiction over said right-of-way.
Grantor shall be solely responsible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein. Grantor shall control the right-
of-way in accordance with all policies and procedures, rules, regulations, law and codes
as may apply to the Grantor's control and oversight of City of Clearwater rights-of-
[GM19-1313-133/263098/1] 4
way in general. Once dedicated, said right-of-way shall only be forfeited through City
of Clearwater vacation process, as may be applicable from time to time.
(All Exhibits above are hereby attached hereto and incorporated herein.)
Further, it is distinctly understood and agreed to by the Parties hereto that the Property shall
be subject to the following restrictions. Specifically, by acceptance of this Special Warranty Deed
and Reservation of Easements Agreement, and in taking title to the Property, Grantee hereby
acknowledges and agrees to be bound by those certain "Wellhead Restrictions" as are more
particularly described in Exhibits C-1, C-2, and C-3 (attached hereto and made a part hereof).
The Wellhead Restrictions include applicable rules, regulations, law and policy as may be
amended from time to time, that may apply to activities or impacts on Wellheads, a wellhead
protection program which regulates the use or storage of contaminating materials within a
prescribed protection zone surrounding a potable water supply well within the subject Property,
and a Wellhead Protection Permit which is required to conduct business, commercial, industrial,
or other activities as provided for therein. This restrictive covenant shall run with said Property
and be binding on Grantee, its successors, and assigns.
TO HAVE AND TO HOLD, the same unto the said party of the second part, its heirs, and
assigns, to its own proper use, benefit and behoof forever.
IN WITNESS WHEREOF, the said party of the first part 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.
Co tersigned:
j
rank Hibbard, Mayor
Apprpved as to form
CITY OF CLEARWATER LORIDA
By: ��J A,
William B. Horne, II, City Manager
Attest:
Laura Lipowski Mahony, Self Assistant Rosemarie Call, City Clerk
City Attorney
STATE OF FLORIDA •
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared Frank Hibbard, the Mayor of the City
of Clearwater, Florida, who executed the foregoing instrument by means of V physical
presence or online notarization, and acknowledged the execution thereof to be his
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 1day of .copC, ,rte 2020.
[GM 19-1313-133/263098/1 ] 5
Noublic — State . ' lorida 0:
1144,
Print/type name: C Go -77' C eA-117)
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
0 Scott Burrows
COMMISSION #93261179
EXPIRES: October 1, 2022
Bonded Thru Aaron Notary
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument by means of
\/. physical presence or online notarization, and acknowledged the execution
thereof to be his 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 CQ fVMX 2020.
on A Scott Burrows
Notary Public — State of Flo r�d� = ,'s COMMISSION # GG261179
EXPIRES: October 1 2022
Trif Bonded 'Nu Aaron Notary
Print/type name: Sc_qz, k` ULt cc;b
[GM 19-1313-133/263098/1 ] 6
r
w- T
EXHIBIT A
Beginning at a point 530 feet East of the Southwest corner of the SW 1/4
of the NE 1/4 of Section 17, Township 29 South, Range 16 East, run
thence East 200 feet, thence North 1320 feet to the North boundary line
of said SW 1/4 of NE 1/4 thence West 200 feet to a point 530 feet East
of the NW corner of said SW 1/4 of NE 1/4 of said Section, thence South
1320 feet to P.O.B., all in SW 1/4 of NE 1/4 of Section 17, Township 29
South, Range.16 East. The above dimensions approximate more or less.
LESS AND EXCEPT that portion reserved for right of way of State Road #60
known as/Gulf to Bay Boulevard.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
A portion o£ land lying in the SW 1/4 of the NE 1/4 of Section 17,
Township 29 South, -Range 16 East, Pinellas County, Florida, and being
more particularly described as follows:
Commencing at the.Southwest corner of the SW 1/4 of the NE 1/4 of said
Section 17; thence run;N >89°46'01" E., along the South line of the SW
1/4 of the NE 1/4 acdistance of 530.00 feet to a point; thence run N.
00°20'15" W., a distance,of'60.00 feet to a point where the Northerly
right-of-way line of Gulf -to -Bay Boulevard intersects with the East line
of GULF TO BAY GARDENS, as"recorded in Plat Book'50, Page 60, public
records of Pinellas County,,Florida said point being the Point of
Beginning; thence run N. 00°20"19,W., along said East line of GULF TO
BAY GARDENS, a distance of 225.O0,feet to a point; thence run in an
Easterly direction a distance,of 200:00 feet to a point; thence S.
00°20'15" E., a distance of 225:00%feet to a point on the Northern
right-of-way of Gulf -to -Bay Boulevard;"thence S. 89°45'01" W., along
said right-of-way a distance of 200:00/feet to the Point of Beginning.
AND
The North 300 feet of the East 100 feet of the West 830 feet of the SW
1/4 of the NE 1/4 of Section 17, Township 29 -South, Range 16 East,
TOGETHER WITH AND INCLUDING an easement for ingress and egress to and
from the above granted property over and upon the rear property in
Pinellas County, Florida, owned by gzpntor'herein-and described as: The
East 15 feet of the East 100 feet of the 4lest(830 feet of the SW,1/4 of
the NE 1/4 of Section 17, Township 29 South, Range/16 East, less -•end
excepting the South 330 feet thereof -Landless a excepting the North
300 feet thereof.
AND
North 60 feet of Lot 34, GULF TO BAY GARDENS, according to the map or
plat thereof as recorded in Plat Book 50, Page 60, public records of
Pinellas County, Florida.
Note:
Bearing basis obtained from David Avenue Property
Boundary Survey by Land Precision Corporation, Job
#19237 on 10/14/2019.
Gulf to Bay Gardens
Plat Book 50, Page 60
Legal Description
A 30' Drainage and Utility easement described
as follows:
Commence at the SW corner of the SW of the
NE of Section 17, Township 29 S, Range 16 E;
thence N 89° 46' 01" E, along the South line of
the SW of the NE of Section 17, Township 29
S, Range 16 E, a distance of 530.00'; thence
N 00° 20' 15" W, a distance of 285.00' to a
Point of Beginning; thence N 00° 20' 15" W, a
distance of 1046.24'; thence S 89° 57' 24" E, a
distance of 30.00'; thence S 00° 20' 15" E, a
distance of 1046.10'; thence S 89° 46' 01" W, a
distance of 30.00' to the Point of Beginning.
Line Table
Line #
Bearing
Distance
Ll
S89°57'24"E
30.00'
L2
S89°46'01"W
30.00'
POINT OF COMMENCEMENT
SW Corner of the SW a of
the NE a Sec 17 -29S -16E
LI
//
J
N 00°20' 15" W 1046.24'
S 00°20' 15"E 1046.10'
— 30'
POINT OF/
BEGINNING h
�O
N�
oN
L2
SOUTH UNE - SE I OF THE NE 1
OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E
N89°46'01"W 530.00'
N7
_1
GULF TO BAY BOULEVARD
(Right-of-way varies)
This is not a survey
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Lee Cheek
CHECKED BY
Tom Mahony
Exhibit B1
Reserve 30' Drainage and Utility Easement
DWG. NO.
SKEET
1 OF 1
SEC-TWNSP-RNG 17 — 29 S — 16 E
DATE DRAWN 11/25/2020
LgI_2019-19
t
This is not a survey
C
/
Lot 32
Gulf to Bay Gardens
Plat Book 50, Page 60
Lot 33
Utility Easemen
Lot 35
Lot 38
13/09
'S5
NTS
Legal Description
A 60' Ingress/Egress, Drainage and Utility Easement described as follows:
The North 60' of Lot 34, Gulf to Bay Gardens, as recorded in Plat Book 50, Page 60, of the
Public Records of Pinellas County, Florida.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit B2
Reserve 60' Ingress/Egress, Drainage
and Utility Easement
SHEET
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 11/25/2020 i
Lg1_2019-19
Lot 33
N 00°20' 15"W
4200'
Lot 34
Existing 16.15' Drainage and Utility Easement
OR 10541-111
Lot 35
POINT OF
BEGINNING
Lot 38
Gulf to Bay Gardens
Plat Book 50, Page 60
POINT OF COMMENCEMENT
SW Corner of the SW a of the
NESec 17 -29S -16E N89°46'01"E 530.00'
.0,...4
A Utility Easement described as follows:
ON
0300
o..
inm
01 CO
c
m T
W—
N89°39'45"E 138.00'
S 89° 39'45" W 136.00'
13/09
W
tetO
N N
O
Note:
Bearing basis obtained from
David Avenue Property Boundary
Survey by Land Precision
Corporation, Job /19232 on
10/23/2019
re
0
aci
E
0
0
0
w
>..
r
D
v
c
0
0
0,
0
0
0
0
0'
c
•X
w
This is not o survey NTS
Legal Description
Commence at the SW corner of the SW of the NE of Section 17, Township 29 S, Range 16 E; thence N 89° 46' 01" E, along the
South line of the NE of Section 17, Township 29 S, Range 16 E, a distance of 530.00'; thence N 00° 20' 15" W, a distance of
359.00' to the Point of Beginning; thence N 00° 20' 15" W, a distance of 42.00'; thence N 89° 39' 45" E, a distance of 136.00';
thence S 00° 20' 15" E, a distance of 42.00'; thence S 89° 39' 45" W, a distance of 136.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit B3
Reserve Utility Easement
41_2019-19
SHEET
1 OF
SEC-TWNSP-RNG 17 — 29 S — 16 E
DATE DRAWN 11/25/2020
POINT OF
COMMENCEMENT
NE corner of Gulf to
Bay Gardens
POINT OF
BEGINNING
S 89° 57'24"E 300.07'
Note:
Bearing basis obtained from
David Avenue Property Boundary
Survey by Land PrecIsion
Corporation, Job #1923Z on
10/23/2019
N00°20' 15"W
20,00'
Gulf to Bay
Gardens
Plat Book 50,
Page 60
NTS
N 89° 57'24" W 300.07'
Existing 10' Drainage
and Utility Easement
OR 4082-117
This is not a survey
Legal Description
A Drainage and Utility Easement described as follows:
N
oo
cc
0
c
a�
E
v
a
0
w
T
3
46
t
ix
O1
67,
O
C
01
x
w
S 00°20' 15"E
20.00'
4a.
Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County
Florida, also being the Point of Beginning; thence S 89° 57' 24" E, a distance of 300.07'; thence S 00° 20' 15" E, a distance of
20.00'; thence N 89° 57' 24" W, a distance of 300.07'; thence N00° 20' 15" W, a distance of 20.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit B4
Reserve 20' Drainage and Utility Easement
DWG. NO.
Lg1_2019-19
SEC-TWNSP-RNG 17
DATE DRAWN
SHEET
1 OF 1
- 29S - 16E
11/25/2020
POINT OF
COMMENCEMENT
NE corner of Gulf to Bay
Gardens
Gulf to Bay
Gardens
Plat Book 50,
Page 60
NTS
POINT OF
BEGINNING
S 89° 57'24"E 200.00'
This is not a survey
S 89° 57'24"E 10000'
NOO°20' 15"W 300.00'
Eost 12.5'i
N89°57'24"W 100.00'
Legal Description
A 12.5' Right -of -Way Easement described as follows:
The East 12.5' of the following described tract:
Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County
Florida; run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00';
thence S 00° 20' 15" E, a distance of 300.00'; thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of
300.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit B5
Reserve 12.5' Right -of -Way Easement
DWG. NO.
Lg1_2019-19
SHEET
1 OF 1
SEC-TWNSP-RNG 17 — 29 S — 16 E
DATE DRAWN 11/25/2020
EXHIBIT "C-1"
WELLHEAD RESTRICTIONS
• A Wellhead Protection Permit application (EXHIBIT "C-2") must be submitted to
the Engineering Department of the City of Clearwater with all the
attachments requested for approval before construction can occur around the
wellsite.
• Sanitary sewer cannot be placed within 100' radius of the well.
• Reclaimed water cannot be used within 75' radius of the well.
• Contractors cannot build within 100' of existing wells mainly meaning structures
or items that are deemed high risk to ground water quality and public health.
• All rules, regulations, law or policy by any applicable governmental agency that
may apply to activities or impacts on Wellheads, as may be amended from time
to time.
.' I,II I'11I,.I.•IS+.1 IIt2V .1[:i
EXHIBIT "C-2"
Permit No:
Well No.:
Expiration Date:
(For Dept. Use Only)
APPLICATION FOR WELLHEAD PROTECTION PERMIT
City of Clearwater - Engineering Department
Owner's Name : Applicant's Name :
Owner's Address : Applicant's Address :
Owner's Phone No: Applicant's Phone No:
Project Name :
Project Address :
ID No. (s) of Adjacent Potable Water Well (s)
For all applications provide the following attachments:
1. Location map showing the potable water well, 500 feet surrounding the well and the property boundaries for
this application.
2. The location and identification of all uses within 500 feet for a commercial use or within 100 feet for a residential
use.
3. A list of all contaminating materials to be used or stored on the subject property.
If contaminating materials are proposed to be used or stored on the subject property, a Protection -
Containment Plan shall be submitted that includes the following:
(1) A list of all regulated substances, including quantities, which are to be stored, handled, used or produced in the
activity being permitted.
(2) A detailed description of the activities that involve the storage, handling, use or production of the regulated
substances indicating the unit quantities in which the substances are contained or manipulated.
A description of the containment, the emergency collection services and containers and the emergency plan
that will be employed.
(4) A description of the daily monitoring activities that have been or will be instituted.
(5) A description of the maintenance that will be provided for the containment facility, monitoring system and
emergency equipment.
(6) A description of the groundwater monitoring wells that have been or will be installed, other pertinent well
construction information and the arrangements which have been or will be made for certified analyses for
specified regulated substances (if required).
The extent of employee safety training and practices.
(3)
(7)
I hereby certify that the information contained herein is true and accurate and that I am the legal owner of the subject
property or have legal authority to execute this application on behalf of the property owner. I agree to indemnify and
hold the City of Clearwater harmless from any and all claims, liabilities, causes of action, or damages arising out of the
issuance of this permit. I am aware that any deviation from the information submitted with this application or the
conditions attached to the permit shall be considered a violation of Chapter 24, Article III, Clearwater Code of
Ordinance.
OWNER'S SIGNATURE: APPLICANT'S SIGNATURE
EXHIBIT "C-3"
City of Clearwater Code of Ordinances
Wellhead Protection
Chapter 24 — Public Health
Article III — Wellhead Protection
Sec. 24.61. - Purpose and intent of article.
The purpose and intent of this article is to protect and safeguard the public health, safety, and
welfare by providing a wellhead protection program which regulates the use or storage of contaminating
materials within a prescribed protection zone surrounding potable water supply wells within the City of
Clearwater.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.62. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section:
Contaminating material means any physical, chemical, biological, or radiological formulation, mixture
or substance, wet or dry, natural or synthetic, that could be introduced into the public potable water
supply in quantities and concentrations that could violate the standards assigned to potable water as
established in Chapter 62-550, Florida Administrative Code (F.A.C.), of the Florida Department of
Environmental Protection (FDEP).
Engineering director means the director of the engineering department of the city, or an employee
within the engineering department authorized by the director to exercise authority or to carry out any of
the duties under this article.
Potable water well means any water well that supplies water for human consumption and that is
connected to the City of Clearwater Public Water System.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.63. - Permit—Required.
(1) A wellhead protection permit shall be obtained from the engineering director for any new business,
commercial, industrial or other activity that has the potential to store or discharge harmful quantities of
known contaminating materials if any portion of the subject property is within 1,000 feet of a potable
water well. A wellhead protection permit shall be obtained from the engineering director for any new
residential construction on property located within the city if any portion of the subject property is within
100 feet of a potable water well. A wellhead protection permit may be issued by the engineering
director after review of the application and protection -containment plan (if required) submitted by the
applicant. No business tax receipt or building permit shall be issued for any activity for which a wellhead
protection permit is required until such permit has been issued. Permits shall have a term not to exceed
12 months and shall expire on March 15 of each year. Applications for annual permit renewal shall be
submitted no later than 30 days prior to permit expiration.
(Ord. No. 7800-07, § 1, 9-6-07; Ord. No. 8070-09, § 15, 12-3-09)
Sec. 24.64. - Permit requirements.
(1) Activities within a 500 -foot radial distance around a potable water supply well shall conform to the
requirements of Chapter 62-521, F.A.C., Wellhead Protection.
(2) Activities defined as potentially high risk to ground water quality in Chapter 62-555.312, F.A.C. shall
not be permitted within 100 feet of an existing potable water supply well.
(3) Activities defined as a moderate risk to ground water quality in Chapter 62-555.312, F.A.C. shall not
be permitted within 50 feet of an existing potable water supply well.
(4) If any new activity is proposed within 1,000 feet of a potable water supply well that has the potential
to store harmful quantities of known contaminating materials, a protection -contamination plan shall be
submitted. If any contaminating material is proposed to be used or stored for residential use within 100
feet of a potable water supply well, a protection -containment plan shall be submitted.
A wellhead protection permit application shall at a minimum include a location map of the potable
water well and 1,000 feet surrounding the well, plans for the proposed development or
expansion/change of an existing use (if applicable), the location and identification of the proposed
activity, a listing of any contaminating material to be used or stored on the site and a protection -
containment plan if necessary.
(5)
(Ord. No. 7800-07, § 1, 9-6-07; Ord. No. 8070-09, § 16, 12-3-09)
Sec. 24.65. - Review of protection -containment plan.
(1) In reviewing a protection -containment plan submitted by an applicant fora wellhead protection permit,
the following factors shall be considered when determining the sufficiency of the plan:
(a) The amount, character and intended use of the contaminating material involved;
(b) Storage, conveyance and handling techniques to be employed by the applicant;
(c) The extent of any propensity to spill, break, lose or discharge contaminating material;
(d) The type of containment devices to be employed;
(e) The extent of employee safety training and practices; and
(f) Any other consideration appropriate to the protection of the wellhead.
(2) No wellhead protection permit shall be issued unless the protection -containment plan and permit
application fully addresses all contamination and safety matters to the satisfaction of the engineering
director. A wellhead protection permit may be issued subject to conditions related to the protection of
the public potable water supply.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.66. - Permit denial.
If a wellhead protection permit application is denied, a notice of denial, including the reasons for such
denial, shall be provided to the applicant. The applicant may appeal a permit denial, or may appeal a
condition imposed in conjunction with a permit approval, within 30 days following receipt of notice of
denial or approval by filing a request for review with the city manager. The request for review shall
include, among other things, a statement of the grounds upon which the applicant seeks review. The city
manager shall conduct a hearing within 45 days of receipt of a request for review. The city manager's
decision regarding the application shall be deemed the final administrative action of the city, and such
review shall be deemed a necessary administrative remedy prior to seeking judicial relief.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.67. - Sale of property, change of use.
(1) A wellhead protection permit shall be nontransferable and nonassignable. A new wellhead protection
permit shall be required whenever the property or business is conveyed. A new protection -containment
plan (if previously required or if required for new proposed activities) shall be submitted with the new
wellhead protection permit.
(2) A new wellhead protection permit shall be required whenever there is a change of use on the property
as defined in section 8-102 of the City of Clearwater Community Development Code. A new protection -
containment plan shall be submitted if required for the use, handling, conveyance or storage of
contaminating material on the property.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.68. - Enforcement of article—Inspections.
The engineering director shall designate employees within the engineering department as inspectors
for the purpose of enforcing this article. Such inspectors may inspect the premises of a wellhead
protection permit holder during normal working hours of the permit holder for the purpose of determining
compliance with this article and with any condition imposed in conjunction with the issuance of a permit.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.69. - Revocation of permit.
A failure to comply with any of the requirements of this article or a failure to comply with any
condition imposed upon the issuance of a wellhead protection permit shall constitute grounds for the
revocation of a wellhead protection permit. The engineering director may revoke a permit by providing
notice of revocation to the permit holder, which notice shall state the reasons for revocation. A revocation
shall be subject to review by the city manager in the same manner as a denial of a permit application, and
such review shall be deemed a necessary administrative remedy prior to seeking judicial relief.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.70. - Violations and penalties.
(1) A failure to obtain a wellhead protection permit by any person required to obtain such permit, a failure
to comply with any of the requirements of this article, or a failure to comply with any condition imposed
upon the issuance of a wellhead protection permit shall constitute a violation of this article.
(2) Violations of this article shall be subject to punishment by a fine not to exceed $500.00 per day. The
city may take any appropriate enforcement action, pursuant to Section 1.12 of this Code and Article 7
of the Community Development Code, in any available judicial or administrative forum to enforce the
provisions of this article.
(Ord. No. 7800-07, § 1, 9-6-07)
EXHIBIT "H"
CITY PROPERTY - AVAILABILITY OF UTILITIES
Potable Water Access
• For fire protection the Fire Department requires fire hydrants to come off a 6"
water main. Note the locations of the 6" water mains because the water mains
do reduce down to 4" water mains on both David Avenue and Elizabeth Ave (see
map attached). The Fire Department will also require a certain amount of fire
hydrants depending on the construction plans. Fire protection will also need to
have a certain flow reached and inspected for.
• Potable water can be accessed from either Elizabeth Ave or David Ave. The
system will need to be looped.
Sanitary Sewer Access
• Sanitary sewer can be accessed from either Elizabeth Ave or David Ave. The
facility that the sanitary sewer is going to will be able to handle this addition to the
system.
CREATIVE CONTRACTORS acknowledges and agrees that the CITY has provided the
above information based on its records and the best information available to it; however,
the CITY makes no warranties as to the location or sufficiency of utilities for CREATIVE
CONTRACTORS use of the Property or future development.
EXHIBIT "H" (page 2)