86-73
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RES 0 L UTI 0 N
No. 86 - 73
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORI~ING THE CONVEYANCE OF CERTAIN RIGHT-
OF.-WAY EASEMENTS OWNED BY THE Crry, ADJOINING
THE EXISTING RIGHT-OF-WAY OF STATE ROAD 55
(U.S. HIGHWAY 19), TO THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT"), proposes certain improvements to State Road
55 (U.S. Highway 19), in the City of Clearwater; and
WHEREAS, it is necessary that certain right-of-way easements,
described more particularly herein, now owned by the City, be
acquired by the DOT; and
WHEREAS, the easements are no longer needed for public use by
the City, subject to the reservation of rights by the City as set
forth in ,the deed attached hereto; and
.
WHEREAS, Section 2.01(b)(4) of the City Charter authorizes the
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conveyance of surplus City property to another governmental entity
without referendum approval, without competitive bidding, and for
~ess than the appraised value; and
WHEREAS,the DOT has applied to the City for a conveyance by
the City to, the DOT of all rights, title and i.nterest that the
City has in the property subject to the easement, and the
application has been duly considered by the City Commission;
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NOW, 'l'HEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The application of the State of Florida, Department
,
of Transporta~ion, is for the conveyance of City-owned easements
which are" hereby declared surplus and no longer needed for public
~u~e by the City, subject to the reservation of rights by the City
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~s s~t,forth in the deed attached hereto, and the application is
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found abd declared to be for a valid public purpose.
Therefore,
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the',appropriate City officials are authorized to execute the 9uit-
ciai~ deed ,to~,the State of Florida, Department of 'Transport~tion,
a'copy of which is attached hereto as Exhibit i\, conveying the
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, ,.;': :', ~ights, title and interest of the City in and to the real property
, .
,
, .:'described herein, in consideration of the sum of One Dollar
,..~ ($1.00) and other good and valuable consideration including,
Res. 86-73
-1-
11/6/86
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but not limited,to, the benefits to be obtained from the highway
improvements.
Section 2.
This res91ution shall take effect immediately
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upon adoption.
Section 3.
Following the adoption of this resolution, the
City Clerk shall mail a certified copy to the State of Florida,
pepartmeht o~JTransportation, ,in Tallahassee, Florida.
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PASSED AND ADOPTED this
6th
day of November, 1986.
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Commence at the South t corner of said, Section 30. Township 28 South, Range
16 East, proceed North 89047'07" East along the South line of said Section
30, Township 28 South, Range 16 East, 1412.09 feet to a point of
intersection with the Northeasterly rightRof-way line of US Highwa~, 19.
thence North 42053'54" West. along said Northeasterly rightRof-way line of
US 19, 290.81 feet to the POINT OF BEGINNING of the Roadway Easement
hereinafter described. thence continue North 42053'54" West, along said
Northeasterly rightRofRway line of US Highway 19, 140.00 feet. thence North
47006'06" East 40.00 feet. thence South 42053'54" East 140.00 feet. thence
South 47006'06" West 40.00 feet to the POINT OF BEGINNING at the said
Northeasterly right-of-way of US Highway 19.
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.c1aim whatsoever of the said party of
the first part, either in law or equity, to the only proper use, benefit
and behoof of the said party of the second party, its heirs and assigns
forever.
PROVIDED that the following rights are reserved to City:
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 Department's current
minimum standards for such facilities as required by the State of Florida,
Department of Transportation, Utility Accommodation Guide, dated July,
1979. Any new construction or relocation of facilities within the the
lands will be subject to prior approval by the Department. Should the
Department 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 Department hereby agrees to pay
the cost of such alteration, adjustment, or relocation, including, but not
limited to the cost of acquiring appropriate easements.
2. The City shall have a reasonable right to enter upon the lands
described herein for the pyrposes 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 Department's facilities.
3. The City agrees to repair any damage to Department facilities and
to indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the said party of the first part has caused these
presents to be executed in its name by its City Manager, City Clerk,
countersigned by its Mayor-Commissioner, and approved as to form and
correctness by its City Attorney, and its corporate seal to be hereunto
attached, the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By
City Manager
M~or-Commissioner
Approved as to form and
correctness:
Attest:
City Clerk
Ci ty Attorney
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Signed, sealed and delivered in
the presence of:
PAGE.,l
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STATE OF FLORIDA
, COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this
before me personally appeared
, respectively City Manager,
~ity Attorney, City Clerk and MayorRCommiss1oner of the City of Clearwater,
a municipal corporation eXisting under the laws of the State of Flot'ida, to
me known to be the individuals and officers described in and who executed '
the foregoing conveyance to State of Florida, for the benefit and use of
the State of Florida Department of Transportation and severally
acknowledged the execution thereof to be thefr free act and deed as such
officers thereunto duly authorized; and that the official seal of said
municipal corporation is duly affixed thereto, and the said conveyance is
the act and deed of said corporation. '
day of
A.D 19_
WITNESS my signature and official seal at Clearwater in the County of
, Pinellas and State of Florida. the day and year last above written.
Notary Public State of Florida at large
'My'Col1l11ission Expires:
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