90-14
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RESOLUTION NO. 90-1~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A
SUBORDINATION OF UTILITY INTER~STS AGREEMENT WITH THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
REGARDING A PORTION OF A CERTAIN EASEMENT LOCATED IN LOT
4, F, A. KENNEDY'S FAIR LANE ADDITION, OWNED BY THE
CITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the
IlDOT"), has determined that certain lands in the City of Clearwater are necessary
for highway purposes; and
WHEREAS, it is necessary that a portion of a certain easement, 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 the appraised value;
and
WUEREAS, the DOT has applied to the City for a subordination by the City
to the DOT of all rights, title and interest that the City has in the easement,
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 is for the subordination of a City-
owned easement which is hereby declared surplus within the meaning of the City
Charter, subject to the reservation of rights by the City as set forth in the
subordination of utility interests agreement, and the application is found and
declared to be for a valid public purpose. Therefore, the appropriate City
officials are authorized to execute the subordination of utility interests
,agreement to the DOT, a co~y of which is attached hereto as Exhibit A, conveying
the rights, title and interest 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 1 imited to, the benefits to be obtained
from the highway improvements.
~ection 2. The agreement authorized to be executed upon the adoption of
this resolution is summarized as follows:
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Exhibit
A
Attest:
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DOT Recorded at
Parcel N~ Citv's Interest ~ fAY1-
109.3 Right-of-way easement 4448 112
Section 3. This resolution shall take.effect immediately upon adoption.
PASSED AND ADOPTED this 3rd day of MaYt 1990.
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Th 1 sins trurnent prepared dllcl ,I
legal description approved -\
Dace: 07-12-89 By: P. S. Butler
Ci~y: Bdrtow, Flor1db
State of Florida
U~pdrtm~~t of Transpcrta~ion
PARCEL NO. 109.3
SECTION 150S0-~521
STATE ROAD 590
CUUN1Y Pincl1as
SUBORDINATIUN OF UTILITY INTERESTS
Till S AGREEMENT, t!nter~d into th is aay of t
19 , by and between the STATE OF FLORIDA DEPARTMENT UF TRANSPORTATION,
hl';re i nliftt::r ca 11 ed Departm~nt, and City of CITY OF CLEAR\oi~TER I herei nafter
called City.
!i 1. I !! g, ~ ~ I I .ti:
UHEREAS, the City pres~ntly has an interest in certain lands that have
been determined necessary for highway purposes. and
WHEREAS, the proposed us~ of these 'and~ for hignway purposes ~Iill
require subordination of the interest claimed in such lands by City to the
Departmellt; ana
UHEREAS, the Department is willing to pay to have the City's facilities
relocated if nec~ssary to prevent conflict between the facilities so that
the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants ana promises
of "he parties hereto, Chy and Department agree CiS follows:
City subordinates any and dll of its interests in the lands described
as follows. to wit:
RIGHT OF WAY
That portion of Lot 4, F. A. Kennedy1s Fair Lane Addition in Section 15t
Township 29 South, Range 15 East, as per plat thereof recorded in Plat Book
11, Page 16. Public Records of Pinellas County. Florida.
Being described as follows:
BEGIN at the northwest corner of said Lot 4; thence South 89036138" East,
7.00 feet along the north lin~ of said Lot 4; thence South 34052107" West,
12.13 feet to the west line of sdid Lot 4; thence North 00022125" West,
10.UO feet along said west line to the POINT OF BEGINNING.
Containing 35 square feet, more or less.
to the interes~ of the Department', its successors, or assigns, for the
purpose of constructing, improving, maintaining and operating a road over,
through, upon, and/or across such lands, inClUding but not limited to the
claim of int~rest based on the following:
Nature uf Date From or Against I n Favor of Recorded
Encumbrance Book Page
Easement 07-l9-76 General Teleph~ne Clty of OR 4448
Company of Clearwater Pg. 112
Florida
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 th~ lands
PARCEL 109.3
Page 1
EXHIBI'l' A
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will be suuject to prior approval by the Department, Shoulo the Department
fal1 to llp~rOVE! any new constructio., or relocation of facllitie!l by the '
City or raqui."e the City to alter, adjust. or relocate its facilities
locatea ~1th1n said lands, the Departm~nt hereby agrees to pay the cost of
such alteration, adjustment, or r~location, including, but not limited to
the cost of acquir1~g dppropriate ~asementS,
2. The City shall have J reasonable right to enter upon th~ lands
described h~re'l1 for the purposes outl1nt:o in paragraph 1 above, inclUding
the r~ght to trim such trees, brush, and growth Which m1gnt endanger or
interfere With such facilities, pravidea thbt such rights dO not 1nt~rfere
with the operation and safetY of the Department's fdcili~ies,
3. The City agrees to repair any domage to Department facilities and
. to indemnify che Department against any loss or damage resulting from the
City exerc1 s 1 ng its ri ghts out 11 ned in paragraphs 1 alld 2 above.
IN WITNESS WHEREOF, the pdrties hereto have executed this agre~ment on
the day and year first above written.
Executed in our presence
as witnesses:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By
Distr1c~ Secretary
for District
Approved as to Form, Execution,
and Legality:
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 . by
D~strict Secretary for District
Notary Pub 11 c
State of Florida
My Commission Expires:
Signed. sealed and a~livered
in our presence as witnesses:
By
Mayor
AHEST:
City Clerk
(SEAL)
STATE ,OF FLORIUA
. COUNTY OF PINELLAS
PARCEL 109.3
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DEFORE me personally appeared ." and
. to me well known. anCl kllo\'In to be
the individuals described in and who executed the foregoing instrument us
respectively. of the abovQ-named
Ci ty and tlll.lt the seal nffixed to the torogoing instrument is thl.! City sea 1
of said City and the said instrum8nt is the free act and deed of said City.
WITNESS my hand und official sea 1 this
19_.
day of
Notary Pub 1i c
State of Florida
l'ly Commission Expires:
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PAltCEl"109.3.'
Puye 3