Loading...
00-38 . . ~ RESOLUTION 00-38 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THAT CERTAIN CITY-OWNED DRAINAGE AND UTIUTY EASEMENT CREATED BY ORDINANCE NO. 4187-86 AS RECORDED IN OFFIOAL RECORDS BOOK 6257, PAGE 1050 OF THE PUBUC RECORDS OF PINELLAS COUNlY, FLORIDA, SURPLUS TO CITY NEEDS FOR THE PURPOSE OF SUBORDINATING CITY INTERESTS THEREIN TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S. R. 590 HIGHWAY PROJECT BETWEEN SAlURN AVENUE AND NORTHEAST COACHMAN ROAD; AUTHORIZING THE MAYOR-COMMISSIONER OF THE CITY OF CLEARWATER 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 or improve State Road 590 between Saturn Avenue and Northeast Coachman Road in Clearwater, Pinellas County, Florida (herein the "Project"); and WHEREAS, it is necessary that certain drainage and utility easement interests described more particularly herein, now owned by the City, be subordinated to the DOT for the Project; and WHEREAS, Section 2.01(d)(5) of the City Olarter 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 subordination by the City to the DOT of all rights, title and interest that the City has in the referenced easement, subject to the rights reserved to the my 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 of the DOT for the subordination of City-owned interests in that certain drainage and utility easement created by Ordinance No. 4187-86 as recorded in Official Records Book 6257, Page 1050, 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, and the City's interests in said drainage and utility easement are hereby declared surplus within the meaning of the . City Charter. . . Section 2. The Mayor-Commissioner is authorized to execute the subordination of utility interests agreement with the DOT in the form attached hereto as EXHIBIT "A", conveying the rights, title and interests of the City in and to the real property described herein, 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 highway 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 : 154.02 AND 156.03 WPI/SEG : 7117121/2570331 S. R. NO. : 590 COUNTY : PINELLAS SECTION : 15050-2501 MANAGING DISTRICT: SEVEN Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 19th day of October , 2000. Approved as to form: Attest: \ ,C~ ~^-Y_ ~ t ClA0[) - nthia E. G9Udeau, City Clerk . ResOQ-38.ewb Thi. In.trU8ent prepared by, ~~:;~diQ;;t . eparteen gf ~on 11201 .. Malco~ McKinley Drive ~"pa, Florida 33612 PARCEL . 156.03 WPI/SEG . 7117121/2570331 .... 110.. 590 COUIITY . PINBLLAI SacTIC* . 15050-2501 KAlfACIIIG DISTRICT. IKWJf I EXHIBIT "A" t lA9al De.cription Approved. Date. 06/22/98 By. ~BR P. WHIT~Y U'I'L.o. 8UBORDIIIHIOII or CITY UTILITY IMTBU8TS THIS AGREBMBMT, entered into by and between the STATE OF FLORIDA DBPARTMENT OF TRANSPORTATIOII, hereinafter called the FOOT, and the city of CLEARWATER, Florida, a .unicipal corporation, a utility Agency Organization, hereinafter called the UAD. . W I ~ . . . I . ~ .. WHEREAS, the UAO presently ha. an interest in certain real property that i. needed for a tran.portation facility, and WHEREAS, the propo.ed use of the real property require. subordination of the UAa. intere.t to the FOOT, and WHEREAS, the FOOT i. willing to participate in the cost of locating, protecting, adju.ting or removing the UAO'S facilities if nece8sary to prevent conflict between the UAO'. facilities and the transportation facility, NOW, THEREFORE, in con8ideration of the premi.es and the mutual covenant. contained berein, the FOOT and the UAO hereby agree a. follow.. 1. The UAO hereby subordinates to the interest of FOOT, its successors, or aS8igns, any and all interest the UAO has in the real property described as follows. A parcel of land being Lot 3, Block -0- of UNIT 3 OF SKYCREST SUBDIVISION, according to tbe map or plat thereof as recorded in Plat Book 28, Page 15, Public Records of Pinellas County, Florida and the South half of a sixteen foot alley adjoining 8aid lot as shown on .aid plat, said alley being vacated in Official Record Book 6257, Page 1050, Public Record. of Pinella. county, Florida and being in Section 14, Township 29 South, Range 15 Bast. Said parcel being more particularly de8cribed as follows. COmmence at the Southwest corner of Lot 11, Block -D- of said UNIT 3, thence along the We.t boundary of 8aid Block -0-, H 00033'59- W, 177.808 meters (583.36 feet) to the . PARCBL 156.03 PAGE 1 . . Thi. in.trument pr.pared by, or under the d~r ction of ~~j. ~ of .portation Southwe.t corn.r of the afor..aid Lot 3 and the POINT or UGINNIHG, th.nce continuing along .aid ...t boundary of Block -D-, M 00-33'59- W, 25.914 ..t.r. (85.02 feet) to the c.nt.rlin. of the afor..aid vacated all.y, thence along .aid c.nt.rlin., 8 89-13' 38- ., 41.189 _tar. (135.13 feet) to a point on the .a.t boundary of the afor..aid Block -D-, th.nce 8 00-38'08- ., 25.911 ..t.r. (85.01 f..t) to the SOuth.a.t corn.r of the afor.said Lot 3, thence along the South boundary of .aid Lot 3, M 89-14'02- W, 41.221 ..t.r. (135.24 feet) to the PPOIIft' or aBGINNIMG. Containing 1067.4 .quar. ..t.r. (11489 .quar. feet), .or. or 1.... The interest of the UAO being .ubordinated hereby includ.., but i. not nec..sarily limited to, the int.r..t created by the following documents IMSTIlUHEIft' DAft PROM TO OR ak P BASBM&NT 06/05/86 CITY or CLEARWATER CITY or CLEARWATBIl 6257/1050 2. Th. UAO .hall continu. to have all right. under the UAO'S real property interest document identified abov., 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 .hall have the right to control the uAds use of the real property interest created by the document identified above in the following mann.rs a. Th. FOOT ...y require, for any pre.ent or future tran.portation facility project, that any facilities of the UAO be located, protected, adjusted, or removed a. the POOT 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 POOT determine. i. necessary, provided that the cost of any such additional protective measure. shall be borne by the UAO. b. The UAO shall operate and maintain the VAO's facilities located on the real property in accordance with FOOT standards a. set forth in the Foors then current Utility Accommodation Manual. c. Any placement of new facilities or adjustment, upgrading, removal, or relocation of the UA~. facilities proposed by the UAO shall be subject to the prior approval of the FOOT a. provided in and under the condition. 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 FDOT exercises it'. rights under paragraph 3 hereof and the exercise of tho.e right. creates costs over and above what the UAO would normally have incurred had this .ubordination not been executed, the FOOT will bear the excess cost.. Exces. costs shall include, but not necessarily be limited to, damage to the UAa. facilities result\ng from failure of 1'DO'r'. protective measures where the UAO has not elected to undertake PARCEL 156.03 PAGE 2 Thi. in.trument prepared by, Z~~~1~:;t . Depart8eft of ~on additional protective mea.ure. pur.uant to .ubparagraph 3.a. hereof. The .pecific arral\9_nt for l'DO'l' bearing the exce.. co.ts shall be by Mparate agr.....nt. the FDOT has executed this agr....nt effective this , 200_. Signed, .ealed and delivered in the pre.ence Ofl STATE OF PLORIDA DZPARTMBHT OF TRANSPORTATIClII WITHSI PRINT RAMB BYI ACTING Director of Production for District VII WITHal PRIIIT IIAMK PRIHT NAKE MICHAEL J. COLEHAII. PB ADDRESS I 11201 II. Malcolm McKinley Dr. Tampa, Florida 33612 Legal Review . By. Di.trict COunsel STATE OF FLORIDA COUIITY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of , 200_, by MICHAEL J. COLEHAH, ACTING DIRECTOR OF PRODUCTIOII for Di.trict VII, who is personally known to me or who has produced as identification. ~ , PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Bxpiresl Serial No., if any: . PARCEL 156.03 PAGB 3 ,This in.trument prepared by, ~il:ii1t. Department of .portation . (EXECUTION OF THIS INSTRUMENT BY CLKA.R.WATER OFFICIALS CONSISTS OF PAGE 5 OF THIS DOCUMENT) IN WITHBSS WHEJtEOr, the UAO ha. caused to be executed in it. name, by its city COunci acting by the Chairperson or Vice-Chairperson of said Board, this agreement effectiv this day of , 200_. ATTEST. PRINT NAME Clerk . STATE or FLORIDA COUNTY or PIHELLAS The City of CLEARWATER, Florida, By Its City council By: Its Chairperson (or Vice-Chairperson) PRINT NAME ADDRESS me this day The foregoing instrument was acknowledged of ' 200 , by Chairperson (or Vice-Chairperson) of the CLEARWATER personally known to me or who has produced identification. . PARCEL 156.03 City Council, who is as PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires. Serial No., if any a PAGE 4 . This instrument prepared by, or under the direction of: Department of Transportation IN WITNESS WHEREOF, the City of Clearwater, Florida has caused these presents to be executed in its name by its Mayor-Commissioner acting on behalf of its City Commission this day of , 2000. ATTEST: CITY OF CLEARWATER, FLORIDA By: Cynthia E. Goudeau City Clerk Brian J. Aungst Mayor-commissioner STATE OF FLORIDA . . : ss COUNTY OF PINELLAS . . . BEFORE ME, the undersigned, personally appeared Brian J. Augnst, the Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free hand 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 , 2000. Notary Public - State of Florida Type/Print name Approved as to form: ~ne sistant City Attorney PARCEL 156.03 PAGE 5 .