98-37
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RESOLUTION NO. 98-37
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A RESOLUTION OF THE CITY 01:" CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF A TRANSFER AGREEMENT BEiWEEN
THE CITY OF CLEARWATER AND THE STATE OF FLORIDA,
.. , '
.DEPARTMENT OF TRANSPORTATION, FOR THE TRANSFER OF SR
GO/CAUSEWAY BLVD., FROM MANDALAY AVE. TO BRIDGE NO. 43
(SECTION 15220000, M.P. 0.000 TO 0.197) AND SR GO/MARIANNE
ST. FROM BRIDGE NO. 43 TO MANDALAY AVE. (SECTION 15220101,
M.P. 0.000 TO 0.190) FROM THE STATE HIGHWAY SYSTEM TO THE
CITY OF CLEARWATER ROAD SYSTEM; PROVIDING AN EFFECTIVE
DATE. '
WHEREAS, the ci ty author! zes' the execution of the transfer
Agreement with the Department of Transportation, and agrees to the
specific transfer requirements of this transfer Agreement, a copy of
which is attached hereto, in accordance with Chapter 335.0415, Florida
statutes, and
WHEREAS, the Department of Transportation has agreed to give
up all its rights to the aforementioned roadways, and
II
WHEREAS, the Florida Department of Transportation has agreed
to the transfer of SR 60/Causeway Blvd., from Mandalay Ave. to Bridge
No. 43 (Section 15220000, M.P. 0.000 to 0.197) and SR 60/Marianne st.
from Bridge No. 43 to Mandalay AVe. (Section 15220101, M.P. 0.000 to
0.190) from the state Highway System to the City of Clearwater Road
System; now, therefore,
( ,
WHEREAS, the City Manager of the City of Clearwater is hereby'
authorized to sign the transfer agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves
the Transfer Agreement between the City and the state of Florida,
Department of Transportation, transferring the aforementioned roadways
from the state Highway System to the City of Clearwater Road System.
Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this
, 1998.
-Commissioner
Approved as to form:
~~-
John Carassas
Assistant City Attorney
Attest:
c.;:~~~,~.f}d &ty. ~
6b~~Udeau' V
rL~1 ty Clerk
Resolution No. 98-37
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FIJORIDA DEPARTMENT OF TRANSPORT A TION I CITY OF CLEARW A TER
ROAD\VAY TRANSFER AGREEMENT
CAUSEWAY BOULEVARD AND MARIANNE STREET
ONEMW A V PAIRS OF sa 60 TO CITY JURISDICTiON
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TI-IIS AGREEMENT made and entered into this day of t 1998, by and
between tJle FLORIDA DEPARTMENT OF TRANSPORTA nON, an agency of the Stnte oC Florid~
hereinafter called the DEPARTMENT, and the CITY OF CLEAR W A TERt hereinafter called the CITY.
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WITNESSETH
WHEREAS, the CITY has requested the transfer of SR 60/Causeway Boulevard from Mandalay
Avenue to Bridge Number 43 and SR 60IMarianne Street from Bridge Number 43 to Mandalay Avenue
from the State Highway System, and this transfer is mutually agreed upon between the CITY and the
DEPARTMENT,
NOW, THEREFORE, TinS INDENTURE WITNESSETH: in consideration of the mutual covenants
and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below:
This Agreement sets Corth the terms and conditions under which the CITY and the DEPARTMENT wiD
abide. commencing on the date of approval by the Secretary oC the Florida Department of Transportation.
(n) The CITY accepts all responsibility for operation and maintenance oC the roadway, In addition to
the roadbed, this agreement includes all curbst culverts, and drainage structures within the right~ofM
way at the time of transfer. The CITY shall be responsibility for maintenance of public sidewalks,
and other ways in the right-oC-way.
(b) All agreements with the State directly affecting SR 60 that are part of the existing development
orders shall become commitments to the CITY and the CITY will be responsible for their
disposition.
(c) The DEPARTMENT gives up all its rights to the road, except as specified in tJlis agreement.
(d)
It is agreed that all obHgations ofthe DEPARTMENT under any maintenance. utility, or any other
such agreement, relating to this specific road to be transferred, shall be transferred to the CITY at
the same time and in Ule same manner as jurisdictional responsibility. The roadway transfer of SR
60/Causeway Boulevard and SR 60/Marianne Street shall be effective upon approval by the
Secretary of the Florida Department of Transportation.
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(e) Existing deeds or right-oC-way maps will be recorded, by the CITY, in the public land records of
Pinellas County in which the rights-or-way are located. If right-or-way maps do not exist, it is
recommended that the DEPARTMENT make maps and file them for possible future use.
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No aclion will be taken to compromise the integrity of Causeway Boulevard and Marianne Street
as part of the SR 60 hurricane evacuation route. nle CITY agrees that there will be no lane
reduction or reconstruction that will compromise the current operating Level of Service uDn for
Milrianite Street and 'Causeway Boulevard.
'(g) The CITY will not,impose a toll on the portion of the roadway that is being transferred from the
State Highway System. .
(h) In the event that the CITY does not comply with (0 and/or (g) herein, the roadway will revert back
to the DEPARTMENT.
All words used herein in the singular fQnn shall extend to and include the plural. All words used in the
plural form shall extend to and include the singular. All words used in any gender shall extend to and
, include all genders.
, I
This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions,
or obligations other than those contained herein, and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of the State of Plonda.
For conununication purposes, the parties may be reached at the foUowing addresses and phone numbers.
Florida Department of Transportation
Mr. Kenneth A. Hartmann, P.E.
District Secretary
District Seven
11201 N. McKinley Drive
Tampa, Florida 33612
,Telephone: (813) 975-6039, SunCom 512-7515
FAX: (813) 975-6443, SunCom 512-7800
City of CleanYater
Mr. Michael J. Roberto
City Manager
Post Office Box 4748
Clearwater, Florida 33758-4748
Telephone: (727) 562-4040
F~:(727)562-4052
Each Party is an independent contractor and is not an agent of the other party. Nothing contained in this
Agreement shall be construed to create any fiduciary relationship between the parties, during or after the
perfonnance of this Agreement. Neither party shall have the authority to bind the other party to any
obligation whaL'toever to any third party without the express specific written consent of the other.
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No modification, amendment, or 3ltcrntion in the lenns or conditions contained herein shall be effective:
unless contained in a written document executed with the same fonnaJity and of equal dignity herewith.
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If any p\iit ofthis Agreement shall be detennined to be invalid or unenforceable by n court of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such detenninntion. the
remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement
thus invalidated or declared unenforceable is not matcria) to the intended operation of this Agreement.
"'
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed, the day and year
fust above written.
CITY OF CLEARWATER
STATE OF FLORIDA
DEPARTMENT OF TRANSPORT A nON
BY:
City Manager
BY:
District Secretary
APPROVAL AS TO
FORM AND LEGALITY
APPROV AL AS TO
FORM AND LEGALITY
, City Attorney
ATI'EST:
A TrEST:
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Approved:
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Thomas F. Barry, lr., P.E.
Secretary
Effective Date
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ROADWAY JURISDICTION TRANSFER
Pine lias County
ll1C below described road segments are Connally transferred from the Slate jurisdiction to the City of
Clearwater jurisdiction, in accordance with Chapter 335.0415, Florida Statutes. The Department has
agreed to the transfer and nil provisions listed in the executed Agreement. These actions will remove
0.387 miles from the State Highway System,
Transfer from the State Highway System
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1. Section: 15220000 One-Way Eastbound
US Number Current: None
Road Number Current: SR 60
, Jurisdiction Current: State
From: Mnndalay Avenue MP 0.000
Segment Length: 0.197 miles
Local Name: Causeway Boulevard
Proposed: None
Proposed: None
Proposed: City of Clearwater
To: Bridge # 43 MP 0.197
2. Section: 15220101 One-Way Westbound
US Number Current: None
Road Number Current: SR 60
Jurisdiction Current: State
From: Bridge # 43 MP 0.000
Segment Length: 0.190 miles
Local Name: Marianne Street
Proposed: None
Proposed: None
Proposed: City of Clearwater'
To: Mandalay A venue MP 0.] 90
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RESOLUTIONS
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PIN~LLAS COUNTY rLA.
Orr.R~C.8K 10842 pa 2077
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF A TRANSFER AGREEMENT BETWEEN
THE CITY OF CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR THE TRANSFER OF SR
GO/CAUSEWAY BLVD., FROM MANDAlAY AVE. TO BRIDGE NO. 43
(SECTION 15220000, M.P. 0.000 TO 0.197) AND SR GO/MARIANNE
ST. FROM BRIDGE NO. 43 TO MANDALAY AVE. (SECTION 15220101,
M.P. 0.000 TO 0.190) FROM THE STATE HIGHWAY SYSTEM TO THE
CITY OF CLEARWATER ROAD SYSTEM; PROVIDING AN EFFECTIVE
DATE.
RESOLUTION NO. 98-37
~
, .
WHEREAS, the City authorizes the execution of the transfer
Agreement with the Department of Transportation, and agrees to the
specific transfer requirements of this transfer Agreement, a copy of
which is attached hereto, in accordance with Chapter 335.0415, Florida
statutes, and
WHEREAS, the Department of Transportation has agreed to give
up all its rights to the aforementioned roadways, and
WHEREAS, the Florida Department of Transportation has agre~d
to the transfer of SR GO/Causeway Blvd., from Mandalay Ave. to Bridge
,No. 43 (Section 15220000, M.P. 0.000 to 0.197) and SR 60/Marianne St.
from Bridge No. 43 to Mandalay Ave. (Section 15220101, M.P. 0.000 to'
0.190) from the State Highway System to the City of Clearwater Road
System; now, therefore,
8
WHEREAS, the City Manager of the City of Clearwater is hereby
authorized to sign the transfer agreement described in this resolution.
BE IT RESOLVED BY.THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves
the Transfer Agreement between the City and the State of Florida,
Department of Transportation, transferring the aforementioned roadways
from the state Highway System to the City.of Clearwater Road System.
Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this
I 1998.
-Commissioner
Approved as to form:
:J C9 ~ -
John Carassas
Assistant City Attorney
. . .fJ4/~LJJf ~'-
Goudeau'
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U'c...ci ty
Resolution No. 98-37
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00-074l?e MRR-l4-20
P INtLLRS CO 91< 10e4~O PO! lidfl
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FLORIDA DEPARTMENT OF TRANSPORTATION I CITY OF CLEARWATER
ROADW A Y TRANSFER AGREEMENT
CAUSEWAY BOULEVARD AND MARIANNE STREET
ONE-WAY PAIRS OF SR 60 TO CITY JURISDICTION
,
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TIllS AGREEMENT made and entered into this \, '\.h. day of'O~e..e~"J.~998. by and.
between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the CITY.
WITNESSETH
WHEREAS. the CITY has requested the transfer of SR 60/Causeway Boulevard from Mandalay
Avenue to Bridge Number 43 and SR 60IMarianne Street from Bridge Number 43 to Mandalay Avenue
from the State Highway System, and this transfer is mutually agreed upon between the CITY and the
DEPARTMENT,
NOW, THEREFORE, TillS INDENTURE WITNESSETH: in consideration of the mutual covenants
and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged. the CITY and the DEPARTMENT agree as set forth below:
This Agreement sets forth the tenns and conditions under which the CITY and the DEPARTMENT will
abide, commencing on the date of approval by the Secretary of the Florida Department of Transportation.
.:::) (a) The CITY accepts all responsibility for operation and maintenance of the roadway. In addition to
the roadbed, this agreement includes all curbs, culverts, and drainage structures within the right-of-
way at the time of transfer. The CITY shall be responsible for maintenance of public sidewalks, and
other ways in the right-of~way.
(b) All agreements with the State directly affecting SR 60 that are part of the existing development
orders shall become commitments to the CITY and the CITY win be responsible for their
disposition.
(c) The DEPARTMENT gives up a1l its rights to the road, j~xcept as specified in this agreement.
(d) It is agreed that all obligations of the DEPARTfv1ENT under any maintenance, utility. or any other
such agreement, relating to this specific road to be transferred, shall be transferred to the CITY at
the same time and in the same manner as jurisdictional responsibility. The roadway transfer of SR
60/Causeway Boulevard and SR 60IMarianne Street shall be effective upon approval by the
Secretary of the Florida Department of Transportation.
(e) Existing deeds or right-of-way maps will be recorded, by the CITY, in the public land records of
PineUas County in which the rights-of-way are located. If tight-of-way maps do not exist, it is
,~.J
I~URNo TO: I-J -' ....
CITY CLERK ffltifd ~~~mS~~ g~~
POST @FFICE BOX 4748- i ~ a: 0 u. F ~ ~
PINELLAS COUNTY ;~A.
Orr.REC.BK 10a~2 PO 2072
.
No action will be taken to compromise the integrity of Causeway Boulevard and Marianne Street
as part of the SR 60 hurricane evacuation route. The CITY agrees that there will be no lane
reduction or rcc:onstIUction that will compromise the current operating Level of Service C1)U for
Marianne Street and Causeway Boulevard.
(g) The CITY will not impose a toll on the portion of the roadway that is being transferred from the
State Highway System.
(h) In the event that the CITY does not comply with (t) and/or (g) herein, the roadway will revert back
to the DEPARThffiNT.
All words used herein in the singular fonn shall extend to and include the plural. All words used iq the
plural fonn shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions,
or obligations other than those contained herein, and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the parties hereto.
This Agreement shall be governed by and construed in accordance with the Jaws of the State of Florida.
For communication purposes, the parties may be reached at the following addresses and phone numbers.
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Florida Department of Transportation
Mr. Kenneth A. Hartmann, P.E.
District Secretary
Distrir.t Seven
11201 N. McKinley Drive
Tampa, Florida 33612
Telephone: (813 ) 975-6039, SunCom 512-7515
FAX: (813) 975-6443, SunCom 512-7800
City of Cleanvater
Mr. Michael J. Roberto
City Manager
Post Office Box 4748
Clearwater, Florida 33758-4748
Telephone: (727) 562-4040
FAX: (727) 562-4052
Each Party is an independent,contractor and is not an agent of the other party. Nothing contained in this
Agreement shall be construed to create any fiduciary relationship between the parties, during or after the
perfonnance of this Agreement. Neither party shall have the authority to bind the other party to any
obligation whatsoever to any third party without the express specific written consent of the other.
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PINEL~AS COUNTY r~R
Orr,REC,BK 10842 PO 2073
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No modification, amendment, or olteration in tbe tenns or conditions contained herein shall be effective
unless contained in a written document executed with the same fonnality and of equal dignity herewith.
If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such detennination, the
remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement
thus invalidated or declared unenforceable is not matelial to the intended operation of this Agreement. .
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed, the day and year
first above written.
CI'I:Y OF CLEARWATER
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:_\
City Manager
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APPROVAL AS TO
FORM AND LEGALITY
APPROVAL AS TO
FORM AND LEGALITY
>~~ ~
City Attorney
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MEMI\ER OF THE FlORID,\ C"IlI~tT
Dlvllllon or L1br.1I)'1c Inform.'llnn 5<r.l<'n
OM.lon 0' Hl.lllrlcll R"'-lYh.n
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF HISTORICAL RESOURCES
PINELLRS COUNTY rLR.
Ofr,REC,8K 10942 PG 2076
October 28, 1997
Ms. Robin M. Rhinesmith
District Seven
Florida Department of Transportation
H201 N. McKinley Drive, MS 7-500
Tampa, Florida 33612-6403
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In Reply Refer To: ~
Scott B. Edwards I
Historic Sites Specialisf'J
Project Fife No. 97547~
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Cultural Resource Assessment Review Request m
Technical Memorandum - ROW Transfer on SR 60 - Clearwater Beach West Bridge,
City of C/eanvater. Pinel/as County, Florida By Archaeological Consultants, Inc.,
September 1997.
Dear ?vIs. Rhinesmith:
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In accordance with the procedures contained in Chapter 267.061, Florida Statutes, we have
reviewed the above referenced project for possible impact to archaeological and historical sites or
p~operties listed, or eligible for listing, in the Nalional Regis/er of His/orie Places, or otherwise of
historical or architectural value.
We have reviewed the information in your letter and ACI's Technical Memorandum concur with
the conclusion that the project is unlikely to effect significant cultural resources. Therefore it is
the opinion of this office that the proposed project will have no effect on historic properties listed,
or eligible for listing in the National Register of Hisloric Places. or otherwise of historical or
architectural value.
If you have any questions concerning our comments. please do not hesitate to contact us. Your
interest in protecting Florida's historic properties is appreciated.
Sincerely,
~~.~
4 George W. Percy, Director
tI Division of His tonca I Resources
and
. State Historic Preservation Officer
G\VPlEse
xc: C. Leroy Irwin. FOOT
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DIRECTOR'S OFFICE .
R.A. Grav Building . 500 South Bronaugh Street · Tnllaha:;s~~, Aorida 32399-0250 · (850) 488- \-180
· FAX: (850) 488-3353 · WVJ>V Addrer~ http://www.dos. state.fl.us
a ARCHAEOLOGICAL RESEARCH C9"HISTORIC PRESERVATION 0 HISTORICAL MUSEUMS
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