02-33
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RESOLUTION 02-33
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
DETERMINING THE NECESSITY OF DECLARING A 3,233 SQUARE
FOOT, MORE OR LESS, PORTION OF THAT CERTAIN RIGHT-OF-
WAY EASEMENT RECORDED IN O. R. BOOK 3977, PAGE 917,
PINELLAS COUNTY PUBLIC RECORDS, SURPLUS TO CITY NEEDS
FOR THE PURPOSE OF SUBORDINATING CITY INTERESTS THEREIN
TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
FOR THE U. S. HIGHWAY 19 (A/K1A STATE ROAD 55) IMPROVEMENT
PROJECT FROM SOUTH OF NORTHEAST COACHMAN ROAD TO
SUNSET POINT ROAD; AUTHORIZING CITY OFFICIALS TO EXECUTE
THE NECESSARY SUBORDINATION AGREEMENT WITH THE
DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida, Department of Transportation ("FDOT")
proposes to construct or improve State Road 55 from south of Northeast
Coachman Road to Sunset Point Road (the "project"); and,
WHEREAS, the City is vested with certain easement rights in a 40-foot wide
parcel adjacent on the west to U. S. Highway 19 right-of-way as described in O. R.
Book 3977, Page 917, Pinel/as County Public Records; and,
WHEREAS, the FDOT has applied to the City to subordinate City interests in
a 3,233 square foot triangular portion, more or less, of the subject easement for
project purposes; and,
WHEREAS, said application by the FDOT has been duly considered by the
City Commission; and,
WHEREAS, Section 2.01 (d)(5)(iii) of the City Charter authorizes the
conveyance of surplus property to another governmental entity without referendum
approval, without competitive bidding, and for less than appraised value after an
advertised public hearing has been held, and a finding by the Commission of a
valid public purpose for the transfer; now, therefore,
, ~
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That the application of the FDOT for the subordination of City
interests in the portion of that certain 40-foot Right-of-Way Easement described in
O. R. Book 3977, Page 917, Pinellas County Public Records, being more
particularly described as Parcel 801, FDOT Transportation Work Program Item
Segment 258888 1, Section 15150-2580, State Road 55, containing 3,233 square
feet, more or less, is found and declared to be for a valid public purpose, and the
City interests therein are hereby declared as surplus within the meaning of the City
Charter for the purpose of subordinating City easement interests therein to the
FDOT for project purposes.
Section 2. The Mayor-Commissioner is authorized to execute the
subordination of utility interests agreement with the FDOT in the form attached
hereto as EXHIBIT "A", subordinating the rights, title and interest of the City in and
to the real property described therein, 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.
Section 3. That a certified copy of this Resolution be forwarded forthwith to
the FDOT.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 16th day of
May
,2002.
missioner
Approved a to form:
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Attest:
arassas, Assistant City Attorney
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-This instrument prepared by,
or under the direction of
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2.f::i;i~L. /;efivt'Ct'Z~~7'
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
f EXHIBIT "A" J
PARCEL 801. 03
WPI/SEG 7116974/2568881
S . R . NO.: 55
COUNTY PINELLAS
SECTION : 15150-2580
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 10/12/2000 By: N. STEVEN LEVINE
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 UA~s
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FDOT 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:
That part of:
The East 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 7, Township 29 South, Range
16 East, Pinellas County, Florida, lying west of State Road 55, described as follows:
Commence at a P.K. nail & disk ("LB-148") marking the North 1/4 corner of Section 7, Township
29 South, Range 16 East, thence S 89052'05" E, along the north boundary of said Section 7, a
distance of 819.875 meters (2689.87 feet) to a disk stamped "Pinellas County Engineering
Department" marking the Northeast corner of said Section 7; thence S 0054'50" W, along the
east boundary of the Northeast 1/4 of said Section 7, a distance of 33.454 meters (109.76
PARCEL 801.03
PAGE 1
This instrument prepared by,
or. ~nger.".t?e1' re:;,~n of ,..7
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Department ~f'-'Transportation
feet); thence N 89005'10" W, 30.480 meters (100.00 feet) to the west right-of-way 1Lne of
state Road 55 and the POINT OF BEGINNING; thence S 0054'50" W, along said west right-of-way
line, 27.154 meters (89.09 feet); thence N 58037'11" W, 25.665 meters (84.20 feet) to the
southerly boundary of a 17 foot wide parcel of land for roadway and utility purposes
described in Official Records Book 3977, page 911, Public Records of Pinellas County,
Florida; thence N 58019'24" E, along said southerly boundary, 26.256 meters (86.14 feet) to
the POINT OF BEGINNING.
Containing 300.4 square meters (3233 square feet), more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily lLmited
to, the interest created by the following document:
INSTRUMENT
DATE
FROM
TO
OR Bk/Pq
3977 /917
RE-RECORDEO
3985/195
EASEMENT
11/17/72
IMPERIAL MOTEL CORP.
CITY OF CLEARWATER
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 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 801. 03
PAGE 2
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This instrument prepared by,
or",u",~.,de~ the,d',. ect~,o,9J Of. "
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Department of Transportation ,
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.
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this ____ day of
, 200_
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Planning/Production 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 HILLS BOROUGH
The foregoing instrument was acknowledged before me this day of
, 2~0_, by DONALD J. SKELTON, DIRECTOR OF PLANNING/PRODUCTION 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:
PARCEL 801.03
PAGE 3
This instrument prepared by,
or under the direction of:
Department of Transportation
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 May, 2002.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
Brian J. Aungst, Mayor-Commissioner
ATTEST:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-
Commissioner 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
, 2002.
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
, 2002.
Notary Public - State of Florida
Print/type name:
Assistant City Attorney
PARCEL 801. 03
PAGE 4