RESOLUTION 94-71 - RIGHT OF WAY EASEMENTS - CURLEW ROAD BETWEEN LAKESHORE LANE AND NORTHRIDGE DRIVE
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T'~ST # 94-264790
srI~ 21, 1994 4:51PM
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PINELLAf
OFI' . REC . BK
::CUNTY FLA,
790 PG 254
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RESOLUTION 94-71
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A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY-OWNED RIGHT OF WAY EASEMENTS ALONG THE
SOUTH SIDE OF STATE ROAD 586 (CURLEW ROAD) BETWEEN LAKE
SHORE LANE AND NORTHRIDGE DRIVE SURPLUS FOR THE PURPOSE
OF SUBORDINATING UTILITY INTERESTS TO THE STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S,R. 586
HIGHWAY PROJECT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SUBORDINATION OF UTILITY INTEREST
AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE,
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WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT"), proposes to construct or improve State Road 586
in Pinellas County, Florida; and
WHEREAS, it, is necessary that portions of certa in r ight-of-
way easements, described more particularly herein, now owned by the
City, be subordinated to the DOT; and
WHEREAS, Section 2.01(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 appraised value; and
WHEREAS, the DOT has applied to the City for subordination by
the City to the DOT of all rights, title and interest that the city
has in the easements, subject to the rights reserved to the City as
'described in the agreement, and the application has 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 application of the DOT for the subordination
of City-owned right-of-way easements, subject to the reservations
of rights by the city as set forth in the subordination of utility
interests agreement, is found and declared to be for a valid public
purpose, and the right-of-way easements are hereby declared surplus
within the meaning of the city Charter. The City Manager is
authorized to execute the subordination of utility interests
agreements to the DOT in the form attached hereto as EXHIBIT "A"
conveying the rights, title and interests of the City in and to the
real property described therein, in consideration of the sum of One
Dollar ($1,00) and other good and valuable consideration including,
but not limited to, the benefits to be obtained from the highway
improvements.
RETURN TO:
CiTY CLERK
POST OFFICE BOX 4748
~LEARWA TER, FL 34618-4748
co --C' /.//i - 01/
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PIJkLLAS COUNTY FLA,
OFF.REC.BK 8790 PG 255
section 2. The agreements authorized to be executed by the
City Manager upon adoption of this resolution are summarized as
follows:
RECORDED AT
DOT PARCEL NO. CITY'S INTEREST BOOK PAGE
141. 04 Drainage Easement P,B. 0080 0040
142.03 Drainage Easement P.B. 0080 0040
143,04 Drainage Easement P.B. 0080 0040
144,03 Drainage Easement P.B, 0080 0040
145.04 Landscape Easement P.B, 0086 0065
Section 3 , This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 15th
of
September
, 1994.
th'~~_'-'E,. Go'qd,~au, City Clerk
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PI~ELLAS COUNTY FLA,
OFF,REC,BK 8790 PG 256
This instrument prepared by, or
under the,.cJhi-,'!;n,,cG~(lRngf ~
Assistant General Counsel
Department of Traoeportat'on
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI ;ro,
S ,R. NO,:
COUNTY
SECTION :
141,04
7116917
586
PINELI,AS
15009-2540
EXHIBIT "A"
Legal Description Approved: ~
Date: JUNE 6. 1994 By: WILLIAM MELTON ~//
UTL,04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ____ day of , 199__. by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER, a municipal corporation, hereinafter called city.
WIT N E SSE T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the FOOT; and
WHEREAS, the FOOT is willing to pay to have the City's. facilities relocated if
necessary to prevent conflict between the facilities 80 that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, City and FDOT agree as follows:
City hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
A parcel of land located in Lot 86, WYNWOODS LANDING II according to the map or plat
thereof as recorded in Plat Book 88, Pages 40 - 42 inclusive of the Public Recorda of
pinellaa County, in Section 17, Township 28 South, Range 16 East, Pinellas County, Florida
being more particularly described as follows:
As a point of reference commence at the southwest corner of the Northwest 1/4 of said
Section 17; thence South 89050'37" East, 60.00 feet along the South line of ~he Northwest
1/4 of said Section 17 to a point an the East right-of-way line of Lake shore Lane; thence
North 00035'40" West, 331.35 feet along the West lot line of said Lot 86 also being .the
East right-of-way line of Lake Shore Lane to the POINT OF BEGINNING; thence continuing
along the West lot line of said Lot 86, North 00035'40" West, 23.62 feet to a point on the
'-,
PARCEL 141. 04
PAGE 1
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IPINELLAS COUNTY FLA.
OF~.REC.BK 8790 PG 257
This instrument prepared (;J' or
Under the direction of
, Kennslh G, Wing ~
ASSistant General Counsel
Department of Transporta ion
Southerly existing right-af-way line of State Road 586 (Curlew Road); thence 23.75 feet
along the arc of a curve to the right of said Southerly existing right-af-way line whose
radius is 1839.86 feet, central angle is 00044'23~ and has a chord bearing and distance
of South 81006'26" East, 23.75 feet; thence 34.86 feet along the arc of a curve to the left
whose radius is 20.00 feet, central angle is 99051'25" and has a chord bearing and distance
of South 49020'03" West, 30,61 feet to the POINT OF BEGINNING,
Contains 126 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R,
BOOK/PAGE
PB 80/40
EASEMENT
03/21/84
WILLIE M. BREWTON
CITY OF CLEARWATER
PROVIDED that the city has the following rights:
1. The City shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the FDOT's current minimum standards for such facilities
as required by the FDOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of Buch alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights.
3. The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the FDOT's
facilities.
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any 10s8 or damage resulting from the City exercising its rights outlined
in .Paragraphs 1 and 3 above.
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PARCEL 141,04
PAGE 2
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PJNELLP.S COUNTY FLA.
~. ~58
OFF.REC.BK 8790 PG ~
This instrument prepared by,
Under ,the dil'ection Of~
Kenneth G, Wing
Assistanl General Counsel
Department of Tranepor ation
or
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
By:
Director of Production for District VIr
ADDRESS
11201 N. MALCOLM McKINLEY Dr,
TAMPA FL 33612
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The
foregoing instrument
, 199
for District
,
known to me or who has
was acknowledged before
, by
VIr , who is personally
as identification.
me
this
day of
DIRECTOR
produced
OF PRODUCTION
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
".....
PARCEL 141. 04
PAGE 3
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. PINELLAS COUNTY FLA.
O'F.REC.BK 8790 PG 259
This instrument prepare~bY'
Under ~nn~h~,~~gn of
Assistant G~neral Counsel
Department of Transport tion
or
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name b its Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Boa 1 the day and year aforesaid.
CITY OF CLEARWATER , Florida,
By Its City Council
ATTEST:
PRINT NAME_
Clerk
By:
Its Chairperson (or Vice-Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged
, 199 by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
this day of
f Chairperson
City Council, who is
as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
"',
PARCEL 141.04
PAGE 4
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· INELLAS COUNTY FLA,
~ G 260
OFF.REC,BK 8790 P
Countersigned:
CITY OF CLEARWATER
Rita Garvey, Mayor-Commissioner
By,
Elizabeth M. Deptula
City Manager
Attest:
Cynth~a 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.
WITNESS my hand and official seal this
day of
, 1994.
Notary Public
Print/type name:
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, 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
, 1994.
Notary Public
Print/type name:
Approved as to form and correctness:
Miles A. Lance, Assistant City Attorney
PARCEL 141.04
PAGE 4
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Pl1lELLA.S pG 261
Off.REC.BJZ 6790
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C I T Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
SUBJECT:
Susan stephenson, Documents & Records supervisor
Earl Barrett, Real Estate Services Manager ~
Recorded city subordination documents
TO:
FROM:
COPIES:
Bill Shepard, Engineering Drafting supervisor
DATE:
October 27, 1994
Attached for official city records are six recorded subordination
agreements the city gave the Florida Department of Transportation
on September 21, 1994 pursuant to adoption of Resolution 94-53 on
September 15, 1994. The subordinations were granted to facilitate
an FDOT U.S. Highway 19 at Drew street improvement project, and
conform to those identified in the Resolution.
RECEIVED
OCT 28 1994
CITY CLERK DEPT.