05-23
>.
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005270246 07/1212005 at 03:22 PM
OFF REC BK: 14445 PG: 2244-2249
DocType:NOTICE RECORDING: $52.50
RESOLUTION 05-23
C"
A RESOLUTION OF THE CITY OF CLEA.RVVA TER, FLORIDA, O'NNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS DESCRIBED IN
THAT EASEMENT INSTRUMENT DATED APRIL 28, 1993 AS
RECORDED IN O.R. BOOK 8406, PAGE 939, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SUBORDINATING CITY INTERESTS
THEREIN TO THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR THE PURPOSE OF CONSTRUCTING,
RECONSTRUCTING AND MAINTAINING HIGHWAY IMPROVEMENTS
TO S. R. 55, AUTHORIZING APPROPRIATE CITY OFFICIALS TO
EXECUTE THE SUBORDINATION OF UTILITY INTERESTS
AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the "DOT"),
proposes to reconstruct, construct and maintain a 1.06 mile segment of S. R. 55 from
south of Seville Boulevard to just north of S. R. 60 (herein, the "Project"); and,
WHEREAS, the City is owner and holder of the herein described blanket water
main and ingress/egress easement encumbering the plat of Sam's Club Clearwater as
recorded in Plat Book 116, Page 80, public records of Pinel/as County, Florida ("Sam's
Club"); and,
WHEREAS, it is necessary that the City's above described easement interests as
same now encumber Lot 2 of said Sam's Club plat, be subordinated to the DOT in order
to facilitate the Project; and
WHEREAS, the DOT has applied to the City to subordinate to the DOT certain
rights, title and interest that the City has in the referenced easement as same now
encumbers said Lot 2 of Sam's Club, subject to the rights being reserved to the City as
described in the subordination agreements; and,
WHEREAS, Section 2.01 (d)(5) of the City Charter authorizes the conveyance of
City property to another governmental entity without referendum approval, without
competitive bidding, and for less than appraised value, and the application by the DOT
has been duly considered by the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1 The application by the DOT for the subordination of City-owned
easement interests described in that certain easement instrument dated April 28, 1993 as
recorded in O. R. Bock 8406, Page 939, public records of Pinel/as County, Florida, as
same now encumbers Lot 2, of Sam's Club, subject to the reservation of rights by the City
as set forth in .til8 Su"'n'~q~1A~Q~f.Utjlity Interest Agreement ("Agreement"), is found and
'1 heret)y cernIY'1l'rll .
cCJrrect copy of the original as Il apptarl
In the files of the City of Clearwater.
Wilness my hand and official seal of
~C~fClear~r. . ."..n:.
~1J";] -1?o If... ~...~ Resolution No. 05-23
Deputy City CCIk
RESOLUTION 05-23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS DESCRIBED IN
THAT EASEMENT INSTRUMENT DATED APRIL 28, 1993 AS
RECORDED IN O.R. BOOK 8406, PAGE 939, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SUBORDINATING CITY INTERESTS
THEREIN TO THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR THE PURPOSE OF CONSTRUCTING,
RECONSTRUCTING AND MAINTAINING HIGHWAY IMPROVEMENTS
TO S. R. 55, AUTHORIZING APPROPRIATE CITY OFFICIALS TO
EXECUTE THE SUBORDINATION OF UTILITY INTERESTS
AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the "DOT"),
proposes to reconstruct, construct and maintain a 1.06 mile segment of S. R. 55 from
south of Seville Boulevard to just north of S. R. 60 (herein, the "Project"); and,
WHEREAS, the City is owner and holder of the herein described blanket water
main and ingress/egress easement encumbering the plat of Sam's Club Clearwater as
recorded in Plat Book 116, Page 80, public records of Pinellas County, Florida ("Sam's
Club"); and,
WHEREAS, it is necessary that the City's above described easement interests as
same now encumber Lot 2 of said Sam's Club plat, be subordinated to the DOT in order
to facilitate the Project; and
WHEREAS, the DOT has applied to the City to subordinate to the DOT certain
rights, title and interest that the City has in the referenced easement as same now
encumbers said Lot 2 of Sam's Club, subject to the rights being reserved to the City as
described in the subordination agreements; and,
WHEREAS, Section 2.01 (d)(5) of the City Charter authorizes the conveyance of
City property to another governmental entity without referendum approval, without
competitive bidding, and for less than appraised value, and the application by the DOT
has been duly considered by the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1 The application by the DOT for the subordination of City-owned
easement interests described in that certain easement instrument dated April 28, 1993 as
recorded in O. R. Book 8406, Page 939, public records of Pinellas County, Florida, as
same now encumbers Lot 2, of Sam's Club, subject to the reservation of rights by the City
as set forth in the Subordination of Utility Interest Agreement ("Agreement"), is found and
Resolution No. 05-23
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 agreement 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 therein to the DOT, in consideration of the premises and mutual
covenants contained in said agreement, and subject to the reservation of rights by the
City as set forth therein.
Section 3 The parcel for which Subordination of City Utility Interests Agreement
to be executed by the Mayor-Commissioner upon adoption of this Resolution is
summarized as follows:
PARCEL : 100.07
WPI/SEG : 7116967/2568811
S. R. NO. : 55
COUNTY : PINELLAS
SECTION : 15150-2579
MANAGING DISTRICT: SEVEN
Section 4 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2nd day of
June
,2005.
"~b(~
Mayor
Approved as to form:
Attest:
4JI-'
Laura ~ipowski
Assistant City Attorney
thia E. ~udeau.
Clerk ---
-- -
2
Resolution 05-23
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 100.07
WPI/SEG 7116967/2568811
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-2579
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 07/31/02 By: N. STEVEN LEVINE
UTL.04
SUBORDINATION OF CITY UTILITY IInERESTS
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 H:
. '
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 FDOT 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:
Lot 2, Sam's Club Clearwater, as recorded in Plat Book 116, Page 80, Public Records of
Pinellas County, Florida, and lying in Section 18, Township 29 South, Range 16 East,
Containing 1.398 acres, 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:
EXHIBIT "A"
PARCEL 100.07
PAGE 1
INSTRUMENT
DATE
FROM
TO
OR Bk/Pq
EASEMENT
04/28/93
WAL-MART STORES,
INC.
CITY OF CLEARWATER
8406/939
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 FOOT 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 approval 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 FDOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
failure of FOOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this
, 200_.
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
By:
Director of Transportation Development for
District VII
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
WITNESS
PRINT NAME
PARCEL 100.07
PAGE 2
'<
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this day of
, 200___, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District ~, 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:
WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council
b e Chairperson or Vice-Chairperson of said Board, this agreement effective this
day 0 , 200____
of CLEARWATER, Florida,
City Council
ATTEST:
PRINT NAME
Clerk (or Deputy Clerk)
'By:
Its
PRINT NAME
ADDRESS
PARCEL 100.07
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-Commissioner, attested by its City Clerk, and
its official seal hereto affixed, this day of , 2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
Frank V. Hibbard, Mayor
ATTEST:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, 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
, 2005.
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
, 2005.
Notary Public - State of Florida
Print/type name:
Approved as to
/")'.d.,..- . .'
,/ ","7
0/"'~//
form:
)
Laura
Assistant City Attorney
PARCEL 100.07
PAGE 4