04-27
I#: 2004450127 BK: 13949 PG: 1323, 11/17/2004 at 09:38 AM, RECORDING 7 PAGES
$f.1 .00, !<ARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY
CLERK: CLKDMC6
D FSOII rnnN ()4- '7
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER AND
HOLDER OF CERTAIN EASEMENTS DESCRIBED IN THAT EASEMENT
AGREEMENT DATED NOVEMBER 28, 1989 BETWEEN THE CTIY AND
TRIZEC PROPERTIES, INC. AS RECORDED IN O.R. BOOK 7172, PAGE 1500,
PUBUC RECORDS OR PINEUAS COUNTY. FLORIDA, AND THOSE PUBUC
AND PROPRIETARY EASEMENTS DEDICATED AND REFERENCED IN THE
PLAT OF CLEARWATER MALL AS RECORDED IN PLAT BOOK 125, PAGES 21
THROUGH 29, PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA,
SUBORDINATING CITY INTERESTS THEREIN TO THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF
CONSTRucnNG AND MAINTAINING A SIDEWALK WITHIN THE WESTERLY
UMITS OF CLEARWATER MALL ADJACENT TO S. R. 55, AUTHORIZING
APPROPRIATE Cl1Y OFFICIALS TO EXEOITE THE SUBORDINATION
AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the flOOr'),
proposes to construct and maintain a six-foot sidewalk (herein, the "Project") within the
westernmost limits of Clearwater Mall; and,
WHEREAS, the City is owner and holder of various utility easements encumbering
the Project limits; and,
WHEREAS, it Is necessary that portions the Oty utility easements described more
particularly herein, be s~bordinated to the DOT in order to facilitate the Project; and
WHEREAS, Section 2.01(d)(S) of the Oty Charter authorizes the conveyance of
surplus City property to another govemmental entity without referendum approval,
without competitive bidding, and for less than appraised value; and
WHEREAS, the DOT has applied to the City for the aty to subordinate to the DOT
all rights, title and interest that the Oty has in portions of the referenced easements,
subject to the rights reserved to the Oty as described in the subordination agreements,
and the application has been duly considered by the Oty Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CIlY OF CLEARWATER,
FLORIDA:
J. RETURN TO: CITY CLERK
112 S. OSCEOLA AVE
~'~A~ATea rl ~^~p_
D Fsnl IITTnN n4- .,7
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER AND
HOLDER OF CERTAIN EASEMENTS DESCRIBED IN THAT EASEMENT
AGREEMENT DATED NOVEMBER 28, 1989 BETWEEN THE CITY AND
TRIZEC PROPERTIES, INC. AS RECORDED IN O.R. BOOK 7172, PAGE 1500,
PUBLIC RECORDS OR PINELLAS COUNTY. FLORIDA, AND THOSE PUBLIC
AND PROPRIETARY EASEMENTS DEDICATED AND REFERENCED IN THE
PLAT OF CLEARWATER MALL AS RECORDED IN PLAT BOOK 125, PAGES 21
THROUGH 29, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
SUBORDINATING CITY INTERESTS THEREIN TO THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF
CONSTRUCTING AND MAINTAINING A SIDEWALK WITHIN THE WESTERLY
LIMITS OF CLEARWATER MALL ADJACENT TO S. R. 55, AUTHORIZING
APPROPRIATE CITY OFFICIALS TO EXECUTE THE SUBORDINATION
AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the "DOT"),
proposes to construct and maintain a six-foot sidewalk (herein, the "Project'') within the
westernmost limits of Clearwater Mall; and,
WHEREAS, the City is owner and holder of various utility easements encumbering
the Project limits; and,
WHEREAS, it is necessary that portions the City utility easements described more
particularly herein, be subordinated to the DOT in order to facilitate the Project; and
WHEREAS, Section 2.01(d)(5) 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 the City to subordinate to the DOT
all rights, title and interest that the City has in portions of the referenced easements,
subject to the rights reserved to the City as described in the subordination agreements,
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 by the DOT for the subordination of portions of City-
owned interests in utility easements described in that Easement Agreement dated
November 28, 1989 between the City and Trizec Properties, Inc. as recorded in O. R.
Book 7172, Page 1500, Public Records of Pinellas County, Florida, and those public and
proprietary easements dedicated and referenced in the plat of Clearwater Mall as
recorded in Plat Book 125, Pages 21 through 29, Public Records of Pinellas County,
Florida, subject to the reservations of rights by the City as set forth in the subordination of
utility interest agreements, is found and declared to be for a valid public purpose within
the meaning of the City Charter.
Section 2 The Mayor, City Manager and City Clerk, are authorized to execute the
subordination of utility interests agreements with the DOT in the form attached hereto as
EXHIBIT "A", subordinating the rights, title and interests of the City in and to the real
property described herein to the DOT, in consideration of the sum of $1.00 and other
good and valuable consideration, including but not limited to, the benefits to be obtained
from the project improvements.
Section 3 The parcels for which Subordination of City Utility Interests
agreements are to be executed by the Mayor-Commissioner upon adoption of this
Resolution are summarized as follows:
PARCELS : 800.02, 801.02 and 802.02
WPI/SEG : 4149981
S. R. NO. : 55
COUNTY : PINELLAS
SECTION : N/ A
MANAGING DISTRICf: SEVEN
Section 4 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 4th day of November
, 2004.
BrlaA~~
Approved as to form:
LaUr~Id' Assistant City Attorney
Attest:
This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 800.02
WPI/SEG 4149981
S.R. NO.: 55
COUNTY PINELLAS
SECTION : N/A
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 06/11/04 By: FRED W. EDWARDS
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FOOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
WIT N E SSE T B:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real.property requires subordination of the UAO's
interest to the FOOT; and
WHEREAS, the FOOT is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
A parcel of land being a portion of Lot 2, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying within the
Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida,
being more particularly described as follows:
COMMENCE at the Northwest corner of Lot 2, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida lying on the East right
of way line of u.S. 19 (State Road 55) per Florida Department of Transportation Map, Section
PARCEL 800.02
EXHIBIT "A"
PAGE 1
15150-2512; thence S OP02'15" W, along the West line of said Lot 2 and said East right of
way, a distance of 79.83 feet to the POINT OF BEGINNING; thence S 88057'45" E, a distance of
5.00 feet; thence S OP02'lS" W, on a line 5.00 feet East of and parallel with said West line
of Lot 2 and said East right of way line of U.S. 19 (State Road 55), a distance of 293.56
feet toa point of curvature of a non-tangent curve concave Easterly, said point being on
said West line of Lot 2 and said East right of way line of U.s. 19 (state Road 55); thence
Northerly along said West line of Lot 2 and said Easterly right of way line of U.s. 19 (State
Road 55) and along the arc of said curve, having a radius of 755.94 feet, and a chord bearing
and distance of N 02015'34" W for 86.94 feet, through a central angle of 06035'37", a
distance of 86.99 feet; thence along said West line of Lot 2 and said East right of way line
o.f U.s. 19 (State Road 55), N OP02'15" E a distance of 206.76 feet to the POINT OF
BEGINNING.
Containing 1323 square feet, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
INSTRUMENT
DATE
FROM
TO
OR Bk P
EASEMENT
11/28/89
TRIZEC PROPERTIES,
INC.
CITY OF CLEARWATER
7172/1500
EASEMENT
06/11/02
NEW PLAN EXCEL REALTY
TRUST, INC.
CITY OF CLEARWATER
PB 125/21
2. The UAO shall continue to have all rights under the UAO' s real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FOOT pursuant to paragraph 3 hereof.
3. The FOOT shall have the right to control the UAO's use of the real property interest
created by the document identified above in the following manner:
a. The FDOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
determines is necessary (including the timing of any of such activities) to accommodate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FOOT determines is necessary, provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO's facilities located on the real
property in accordance with FOOT standards as set forth in the FOOT=s then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment, upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior, approva1 of
the FOOT as provided in and under the conditions of the FOOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FOOT exercises it's rights under paragraph 3 hereof and the exercise
of those rights creates costs over and above what the UAO would normally have incurred had
this subordination not been executed, the FOOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
PARCEL 800.02
PAGE 2
failure of FOOT's protective measures where the UAO has not elected to undertake additiona
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDO
bearing the excess costs shall be by separate .agreement.
of
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this
, 200_
da
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Transportation Development for
District VII
WITNESS
PRINT NAME
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
WITNESS
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200_, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District VII , who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 800.02
PAGE 3
IN WITNESS WHEREOF, the UAO has caused these presents to be executed in its name by
its City Manager, countersigned by its Mayor, attested by its City Clerk, and its official
seal hereto affixed, effective this day of , 2004.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor
By:
William B. Horne, II, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
ss
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor of the City
of Clearwater, Florida, who executed the foregoing instrument 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
, 2004.
Notary Public - State of Florida
Print/type name:
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of
the City of Clearwater, Florida, who executed the foregoing instrument 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
, 2004.
Notary Public - State of Florida
Print/type name:
Approved
City Attorney
Laura
PARCEL 800.02
PAGE 4
I
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST
PINELLAS COUNTY, FLORIDA
This sketch is NOT a sur ve y
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CURVE LENGTH
PLAT DATA
PLAT BOOK
PAGES
POINT OF BEGINNING
POINT OF COMMENCEMENT
RADIUS
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SECT! ON
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CURVE DATA
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R ,755.94'
L ,86.99'
CH.86.94'
CB.N 02015'34~ W
SEE SHEET 2 FOR GENERAL NOTES
a LEGAL DESCRIPTION,
5.00'
LOT 3
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PARCEL NO.
800.02
SIDEWALK EASEMENT
LOT 2
1323.33 SF!
SURVEYOR'S CERTIFICATION
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF OUR KNOWLEDGE AND BELIEF AS
RECENTLY PREPARED UNDER OUR DIRECTION AND
THAT THIS SKETCH MEETS THE INTENT OF THE
MINIMUM TECHNICAL STANDARDS FOR SURVEYING
PURSUANT TO SECTION 472.027. FLORIDA STATUTES
~~~HA~,ER 6IGI7-6. FLOR'OA ADM'NISTRAT'VE
I~~ H _~., ,./,q/e<L
WILLIAM H. FULGHU~ ' . D~E
PROFESSIONAL LAND SURV YOR '4993
PBS8J.~ LB 24
5300 W. CYPRESS ST. 'SUITE 300
TAt*'A."fLORIDA 33507
18/31282-7275
FLORrDA DEPARTMENT bF
STATE ROA NO. ~/A
SKETCH a DESCRIPTION
W.P.I. NO. N/A
SECTION N/A
TRANSPORT A TI ON
PINELLAS COUNTY
FIELD BOOK NO.
NIA
SCALE: 1",40'
SHEET I OF 2